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HomeMy WebLinkAbout3/19/2008 - STAFF REPORTS - 2.G. U u ' C"be.o.nnn.n. �``FO N9 City Council Staff Report March 19, 2008 CONSENT CALENDAR Subject: TIME EXTENSION FOR SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 30046 WITH CRV MONTE SERENO, LP, A CALIFORNIA LIMITED PARTNERSHIP From: David H. Ready, City Manager Initiated by: Public Works and Engineering Department SUMMARY CRV Monte Sereno, LP, is requesting a 3-year extension of time for the Subdivision Improvement Agreement (Agreement No. 5131) for Tract Map No. 30046 (`Monte Sereno"). Nine homes of this 89 lot single family subdivision have been constructed to date. Due to real estate market conditions, the developer is requesting an extended period of time to complete remaining improvements within the project. Staff recommends a 1 year extension of time be granted. RECOMMENDATION: 1) Authorize the City Manager to approve a 1-year extension of time for the completion of improvements associated with Subdivision Improvement Agreement, (Agreement No. 5131) for Tract Map 30046, with CRV Monte Serena, LP, a California Limited Partnership. STAFF ANALYSIS: On July 20, 2005, City Council approved a Final Map for Tract No. 30046, an 89 lot single family subdivision, and a corresponding Subdivision Improvement Agreement (Agreement No. 5131), with the developer, CRV Monte Sereno, LP, a California limited partnership. The agreement secures the cost of constructing certain on-site and off-site public improvements necessary for the subdivision. The original expiration date for the agreement was April 14, 2007. However, due to the downward trend in the real estate market, in accordance with the terms of the Agreement, the developer requested and received two administrative time extensions by the City Engineer, extending the expiration of the Subdivision Improvement Agreement to March 19, 2008. The developer has not completed the improvements ITEM NO. k— City Council Staff Report March 19, 2008 TM30046 Subdivision Improvement Agreement Extension required under the Subdivision Improvement Agreement, by the revised expiration date of March 19, 2008. In response to correspondence from the City Engineer concerning the agreement expiration, on February 20, 2008, a written request was received from the developer for an additional 3-year time extension. Although all off-site improvements have been completed, including the widening of Bogert Trail along the project frontage and construction of flood control improvements along the Palm Canyon Wash, and most on- site improvements have been completed, there remain some items of work that have not been completed. The on-site improvements remaining to be completed are replacement of damaged curb and gutter, final asphalt paving of on-site streets, final adjustment to grade of sewer manholes and water valves, final approval of the on-site sewer and water systems, installation of stop bar and legend at the project entrance, paver installation at pop-outs, and subdivision monumentation. Nine of the 89 homes have been constructed, and are currently owner occupied. It is customary for a developer to defer construction of the final lift of asphalt concrete pavement until the last phase of homes is under construction, to avoid damaging the street surface. Typically, construction of homes occurs within the time frame allowed by the Subdivision Improvement Agreement. However, due to the recent downward trend in the real estate market, home construction has stopped. Staff remains concerned with the length of time residents must access their homes over uncompleted streets. It is staffs recommendation that only a 1-year time extension be granted at this time, to prompt the developer to initiate construction of the final lift of asphalt concrete pavement on those streets being currently accessed by the homeowners within Monte Serena. If house construction remains stalled, staff will return with a recommendation for a subsequent time extension for the Subdivision Improvement Agreement if appropriate, at that time. FISCAL IMPACT: None "AG David J. Barakian Thomas J. Wilson Director of Public Works/City Engineer Assistant City Manager David H. Ready, Cit a Attachments: 1) Subdivision Improvement Agreement 0000C2 OW2212005 Moon Fee:NO ' Page 1 of 36 RCcarde4 In Offic{at RC-erds Ccunfv cf Riverside Larry REL17RpINCM 7U AE$PV� Il II((IIAs1ll1llsl(IG�I(I(1ollr,,II CountyNClerrkdL Recorder AND WHEN RFCoKt)ro KULYD: Ilil{11111�11�11�{11��41S14#l{R4��lI!!!{4���14��44��l. :�� City of Palm Springs P. O. Box 2743 M V P CE GM NOCOF M M C Palm Springs, CA 97263 Attn: City Clark _ A R L epmY IdNC CCWN'J NCHC Firing fep E7CWPT per Cdvernra Vlt Cade❑102 A5131 f � SIJBC7IVISION IMPROVEMENT AGREEMENT CRV MONTE SERENO, LP—A5181 TiYJe fll DCCMment THIS ,AREA FOR RECORDER' S USE ONLY THIS PAGE A➢DED'r0FROVOE Atl OUAT SPACE Fee P,R CORDING INFCRMAYION ($3.00 H•lU5erlecuoacmbvHuwrn.afgaoc aaoa�� SUBDIVISION IMPROVEMENT AGREEMENT by and between CITY OF PALM SPRINGS and CRV MONTE SERENO, LP A CALIFORNIA LIMITED PARTNERSHIP �I�IIIIII��IIIIIIIl�fl�llllllll�l�l�l�l �IIIIII� I��I aser PQD.sco.0m TABLE OF CONTENTS I.Construdion Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • - . . . . . . . . _ 1 1.1(a) Works of Improvement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1.1(b) Mitigation Fees for Future Improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1.2 Other Obligations Referenced in Conditions of Tentative Map Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.3 Intent of Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . 2 1.4 Survey Monumants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .• . . . . . . . . - - - - . 2 1.5 Performance of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.6 Changes in the Work . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . 2 1.7 Defective Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.8 No Warranty by City . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.9 Authority of the City Engineer . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . 3 1.10 Documents Available at the Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.11 Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.12 Compliance with Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.13 Suspension of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 'IA4 Final Acceptance of Works of Improvement . . . I . . . . . . . . . . . . . . . . . . . . . . . 3 2. Time for Performance . . . . . . . . . . . . . . . . . . . . . .. . . 4 2.1 Commencement and Completion Dates . . . . . . . . . . ... . . . . . . . . . . . . . . . . . 4 2.2 Phasing Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . 4 2.3 Force Majeure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2.4 Continuous Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2.5 Reversion to Acreage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2.6 Time of the Essence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . 5 3. Labor . . . . . . . . . . . . . . . . . . . . . . . . . . - - - - . . . . . . . . - . . . . . 5 3.1 Labor Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3.2 Nondiscrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3.3 Ucensed Contractors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 mq 3.4 Workers'Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . 5 4. serurity . . . . . . . . . . . . . . . . 4A Required Security 4.2 Form of Security Instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4.3 Subdivider's Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4.4 Letters ofCrediL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. . . . . . . 7 G 4.5 Release of Security Instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 5. Cost of Construction and Provision of Inspection Service. . .. . . . . . .. . . . . . . . . . . . . . . . . .. . . . . . . . . . . .. . . .. . . . . . . . . . . . . . . 7 5.1 SubdividerResponsibleforAll Related Costs or Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . 7 5,2 Payment to City For Cosi of Related Inspection and Engineering Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6. Acceptance of Offers of Dedication . . . . . . . . . . . . . . . ... . . .. . • ._ . . . . . . . . . . . . . . 8 i QQ���� 7. Warranty of Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8. Derault . .. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . 8.1 Remedies Not Exclusive . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 8.2 City Right to Perform Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 8.3 Attorney's Fees and Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 9. Indemnity - - - - - - - - - - - - - - - - - - - - - . . . . . . - - - - - - - - - - - - - . . . . . . . . . . . . . . . 9 10 General Provision . . . . . . . . . . . . . . . . . . . . . - - - - - - - - - - . . 9 10.1 Successors and Assigns . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . - , . . - - - - - - - - 10.2 No Third Party Beneficiaries . . . . . . . . . . . . . . . . . . . . .. . . 10.3 Entire Agreemen4 Waivers and Amendments . . . . . . . . . . . . . . I'L Corporate Authority - - - - - - - - - - - - - - - - - -- - - --- - - - - - - - - - - - - - - - - - - - - - - - - - - 9 SSR • 0 SUBDIVISION IMPROVEMENT AGREEMENT f THIS SUBDIVISION IMPROVEMENTAGREEMENT(this"Agreement")is entered into this day of, 2005, by and between the C)TY OF PALM SPRINGS, a municipal corporation df the State of Caliromia ("CITY"), and CFZV MONTE SERI=NO, LP, a Cariforn a Limited Partnership("Subdivider")- RECffALS A. Subdivider is the owner of,and has obtained approval of a subdivision map for Tract Map No. 30046, 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"6". 13. Pursuant to the Conditions,Subdivider,bythe Map,has offered dedication to the City of Palm Springs an easement for public utility purposes, including sewers,with the right of ingress and egress for service and emergency vehicles and personnel over Lots"A"through"I", inclusive, as shown within the map; easements for public utility purposes shown as "10' PUE" along and adjacent to all private streets, as shown within the map, easements for public utility purposes over Lots"s'through"q%inclusive,as shown within the map; an easement for sewer purposes over Lot ' % an easemerr for sewer purposes 20 feet wide over Lots'?", "C', 1,2, and 3, as shown within the map; an easement for Ingress and egress over Lots"J"and"K"for the maintenance of Lot"R"; and dedication of Lot"R•'for open space and storm drainage purposes,including all rights,title,and interest thereto; and City desires to accept said public dedications 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 oohsiructed and insfalled in order to accommodate the development of the Properly. D- Subdividees 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. 0 �0 COVENANTS ggo " Based upon the foregoing Recrals which are incorporared 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 d6ligations as set forth herein. 1. Construction Obliaaiions. 1-1(a) Works of Im ovement. Subdivider agrees, at its sole cost and expense, to construct or install or cause to be constructed or installed the street, drainage, domestic water, r sanitary sewer and other improvement's(herein sometimes collectively referred to as the"Worics of Improvement"),as the same may be supplemented and revised from time to time as setfnrth herein (said plans and specifications, together with all related documents, are refermd to herein as the �-- "Plans").The estimated construction cost for the Works of improvement is$4.6800o400- 1,1(b) Mitt' anon Pees for,Future improvements. Prior to the issuance of each residential building permit for construction within the Property, Subdivider shall pay those Mitigation Fees identified in Exhibit "C", The fee schedule set forth on Exhibit "C" applies for the calendar year specified on the exhibit- If permits are not obtained within the specified calendaryear,the Mitigation Fees may be adjusted in accordance with the final engineering spread study for"Canyon South,"as QQQQ��C f approved by the City but shall not exceed the Consumer Price Index for Riverside County. Said Mitigation Fees shall be held in a fund for the specific purpose associated with each fee until adequate amounts are collected to construct the applicable public improvement. 1.2 Mier t7bli aYions Referenced in Condi io s of Tentative Map APprovai. 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 improvementwhich Subdivider shall perform oroause to be performed ins manner acceptable to Ehe City Engineer(or his1her designee)and,in full compliance with all codes and the terms of this Agreement.Subdividershall complete a functional or operable improvement orfacility, 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 engineerwho will seek approval of the City Engineerfor rumishing 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 Engineerwhose 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 bythe City Engineer.The Plans shall be supplemented by such working orshop drawings as are necessary to adequately control the work.Without the City Engineers pnorwritten approval,no change shall be made by Subdivideroi-Subdivider's contractorto any plan,specification,orworking orshop drawing after it has been stamped as approved. 1.4 Survey Monuments. Before final approval of street improvements,Subdividerwiitl 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 AA(ayiii) and, after setting the monumenl(s),Subdivider shall furnish the City Engineer orthe 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 monumenl(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 Subdividers contractor in writing(by Correction Notice)at the time a determination has been made to require changes in the work- No field changes performed or proposed by Subdivider or its contractor shall be binding on City unless approved in writing by the City Engineer. 1.7 Oefeetve Werk Subdividershall cause its contractor to repair,reconstruct,replace,or otherwise make acceptable any work found by the City Engineer to be defective, IIiIIIIIIIIIiIIIIIiIIIIIII[IIIIIIII I IIIII1IIIllI e G P SS MRS i 0 1.8 No_Warrnnh�hy Cif. The Plans for the Works of Improvemeni have been prepared by or on behalf of Subdivider or its consultants or contractors, and City make 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 Nutho ' of the Ci En ineer. 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 SubdiViderand Subdivider's contractor. 1,10 QqpLents 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 Ciiy'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 contractorta 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 tha Works of Improvement shall remove or uncover such portions of the finished work as may be directed which have not previouslybeen inspected.After examination,the contractor shall restore said portions of the work to the Standards required hereunder. Inspection or supe,vision by the City shall not be considered as direct control of the individual workmen on the jab srte. Citys inspector shall have the authority to stop any and all work not in accordance with the requirements contained or referenccd 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 tat 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 or the Works or Improvement to be completed in accordance with all othcrapplicable rederal,state,and local laws,ordinances,rules and regulations. 1.13 Sus onion of Wo I[.• City Engineer shall have autharity 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 shelf provide suitable drainage and erect temporary structures where necessary. 1.14 Final AcGeptancc 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 round 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 item's are found by City's inspector to be incomplete or not in compliance aftertwo(2)"final"inspections, City may-reouire the oontractor, as a condition to performing further Feld inspections, to submit in wrring a detailed statement of the work performed subsequantto the date of the previous inspection which was found to be incomplete or not in compliance at that time. 3 I�IIIII�IIII��I�I� 1 ����II�I�II�II�IIIIIIII�III��� �nt]93�N�osR r� 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 COmDletlon Dates. Subject to Section 2.2 and 2.3 below, Subdivider shall(i)commence with construction and installation of the Works of Improvement th�rly 30 da s following City's approval of the Plans("Commencement Date");and(n)complete or cause to be completed all of the Works of Improvement two f21 vears 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 or Section 21,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 Cfty may have for Subdividers failureto satisfysuch phasing requirements,as the same novv existcr 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 alt 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 bath. FnalinspectionsorissuanceofCaMfiicates of Occupancy may be withheld from the Subdivider by the City,if, upon a determination by the City Engineer or his designee, completion of speoffic Works of Improvements or other requirements associated with the development of the Property have not been completed to his satisfaction. 2.3 F rceo _ Maieure. Notwithstanding the provisions of Section 2.1, Subdivider's time for commencement and completion of the Works or Improvement shall be extended for the period of any enforced delay caused dui 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 simihY dauses; provided, however, that the period of any enforced delay hereunder shall not Include any period longer than rive(5)days priorto City"sreeeipt of a written notice from Subdivider or its Contractor detailing the grounds for Subdividers claim to a right to extend its time for performance hereunder. City Engineer shall evaluate all claims to Farce Majeure and his decision shall be final. 2.4 Continuous Work, After commencement of construction orthe 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 GDVemment Code Secfions 66499.11-66499.20-314. In this regard, Subdivider agrees that if the Works of Improvement have not been completed on or before the lateroftwo(2) years from the date of this Agreement or within the time allowed herein,whichever is the later, and +I I I I 7I 4 II�IIIIII�IIIIlIIIIII�III�lNIIII�IIII IIIl�III IIIIIIII QVIV3 G 86 G�son If City thereafter initiates proceedings to revert the Property to acreage, pursuant to Government Cede Section 66499.16 Subdivider hereby consents to reversion and agrees that any improvements made by or an behalf of Subdivider shall not be considered in determining Cttky'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 stag labor standards, including to the extent aoplicable the prevailing wage requirements promulgated by the Director of Industrial Relations of the State of Calfomia 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, senionly, 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_Con)mctors. Subdivider shall cause all of the Works of Improvementtd be constructed by Contractors and subcontractors with valid California Contractors'licenses forthe type of work being performed. 3.4 worker's Compensation_ subdivider shall cause every contractor and subcontractor performing any efthe Works of Improvementto carry Workers'Compensation Insurance as required bythe Labor Code of the State of California and shall cause each such contractor and subcontractor to submit to City a Certificate of Insurance verifying such coverage prior to such contractor or subcontractor entering onto the job site- 4- Securi r_ 4,1 fie wired Securi . 4 O (a) At the time Subdivider executes this Agreement. Subdivider shall furnish to City the ©o o following bonds, letters of credit, instruments of credit (assignment of deposit account) or other }e security acceptable to city in its sole and absolute discretion and satisfying the requirements of the applicable provision$of this Section 4 below(hereinafter"Security Instruments^): (1) A Security Instrument securing Subdividers faithful performance of all of the Works of Improvement("Faithful Performance Security Instrument),in the amount of$4 6 13000-00 equal to 100%Q 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$2 3d0.000.00 equal to 50%of the estimated construction cost referenced in Section 1.1. (iii) A Security instrument guaranteeing the payment of the cost of setting monuments as required in Section 1.4 in the amount of$1_3.350.00 equal to 100%of the cost thereof. This Agreement shall not be erfective for any purpose until such Security Instruments are supplied to and approved by City in accordance herewith. 5 (b) Re wired Securi Instrument for Maintenance an Warranty-Prior to the City Council's acceptance of the Works of Improvement and rawrdallon 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$702 O00-00 equal to 15% of the estimated construction cost set forth in Section 1.1 or a suitable amount determined by the City Engineer. 4.2 Form of Security Instruments. All Security Instruments shall be in the amounts required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following minimum requirements and otherwise shall be in a farm provided by City or otherwise approved by the City Attorney (a) Bonds. For Security Instruments provided in the Form of bonds,any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California-Any insurance company acting as surety shall have a minimum rating of A IX,as rated by the current edition of Bests-Key Rating Guide published byA.M-Bests Company,Ofdwick, 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) Letter of Grn�2z. Fdr 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 Califomis acceptable to City, Any such letter of credit shall specifically permit Clty 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 fn the event Subdivider fails to deliver a replacement letter of credit not less than thirty (30)days pdorto 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_CCedii For Security Instruments which are lmstruments of Credit. any Instrument of Credit shall be an assignment of deposit account assigning as security,o City all of Subdivider's interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. (d) General Re ulrementsforall Security instruments- 2o (1) Payments under any security Instruments shall be required to be made (and, with �o respect to bonds, litigation shall be required to be instituted and maintained) in the Gityaf Palm as Springs, state of California(and the Security Instrument shall so provide). (n) 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 or 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 Subd odor s Liah'itv. 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 rcalrcation under any Security Instrument,and to take no action to prevent City from suoh realization of any Security Instrument Notwijistanding 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 -- - 6 009912 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 d- 4.4 Lgffers 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 (9) year, unless City agrees to a lesser term in City's sole and absolute discretion)is not delivered not Jess than thirty(30)days prior to the expiration of the original letter of credit,such substitutc letter or credit being in the same amount and having the terms and conditions as the initial letter or credit delivered hereunder, issued by a financial institution acceptable to City as ofthe 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 Cityto realize on its interests therein and agrees to execute and daliverfo Citynny other documents requested by City in order to evidence the creation and parfaotion of City's security lhterest in such account. 4.5 Release of Security Instrv �. (a) City shall release the Faithful performance Security Instrument and Labor and Materials Security Instrument when all of the following have occun-ed: (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; (Ri)Subdivider has delivered the Maintenance and Warranty Security Instrument; and mm (iv) subject to the following sentences after passage of the time within whidi lien claims are = required to be made pursuant to vrt cic 3(commencing with Section 31 14)of Chapter 2 of Tile 15 of Part IV of Division 3 of the California Civil Code- If lien claims have been limey filed, City shall o 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 Subdhiders written request upon the expiration or the warranty period, provided no claims are outstanding at that time regarding defective work. 5. Cost gf Construction and Provision of Inspection SeMce, 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. 0®©�� 3 - . 0 ! 5.2 Paynentio Cifvf r�CgsCot RelatQd_Insaectio_n_a2d Enaineerigg_5ervices. 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.Inaddition, Subdivider shall compensate City for all design,plan check,evaluating any pre posed or agreed-upon changes in the worK.The procedures for deposti and payment of such fees shall be as established by the City Council. In no event shall Subdivider be enfl led 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, coeetance of Offers of Dndieatien. The City Council shall pass as appropriate resolution or resolutions accepting all offers of dedication shown on the Map for the Property, with acceptance io become effective upon completion and acceptance by City of the Works of Improvement.Such resolution(G)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 matedals and workmanship fora period of one(1)ycarfrom the date of final acceptance. ]t any of the Works of Improverent should fail or prove defective ivlthin said one(1)year period due to any reason other than improper maintenance, or if any settlement of fill or backfff ocours, or should any portion of-the Works of Improvement fail to fulrill any requirements of the Plans, subdivider,within fifteen(15)days after written noUce 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 W cnargeable 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 Remedios Not elusive. 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 N exclusive of, C"riy's right to pursue any other administrative, legal, or equitable remedy to which It may by entitled. Q 8.2 Ci Ri ht to Perform Work. In addition to whatever other rights or remedies if may 6 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 fora period of twenty (20) days after receipt of wrivtan notice of default from City, or thereafter Subdividershall 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 AttomeY's Ei yes and Casts. In the event that Subdivider fails to perform any obligauon under this Agreement,Subdivider agrees to pay all cods and expenses incurred by city in securing performance of such obligations,including costs of suit and reasonable attorneys fees, In the event of any dispute arising out of Subdivider's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney's fees and costs.Such attomey's fees and cost shall include fees and costs on anyappeal, and in addition a party entitled to attorneys fees and costs shall be entitled to all other reasonable 8 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 offioers, employees, and agents from and against any and all claims, liabilities, lasses, damages, causes of action, and obligations arising out of Subdknder's failure to perform the construction and installation of the Works of Improvement in accordance with tie requirements contained or referenced in this Agreement. Said Indemnity obligation shalt apply to personal injury, death, property damage, economic loss, and any other monetary damage orpenally to which City may be subjected, including without limitation, attorney's fees and casts and the costs of realizing on any Security Instrument provided by Subdivider pursuantto the terms hereof.Such inderrinityobligation shall not extend to any loss resulting from Gity's sole negligence or willful misconduct. 10. General Provisions- 10.1 Successors and kssions. This Agreement shall be binding upon all successors and assigns to Subdividces right, title, and interest in and to the Property and any portion thereof, 10,2 No Third party ecnefiglaries- This Agreement is intended to beneft 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, subcon'uactor, member of the general public,or other person or entity. 103 Entire Agreement:Waivers and Amendments. This Agreement integrates all of the terms and conditions mentioned herein, or inddental hereto. and superscdes 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-Al 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 bythe appropriate representatives of both parties- 11- CorovrateAuthority. ThepersonsexeoutingthisAgreementon behalf of the parties hereto warrant the (1) such party is duly organized and exisfing, (h) 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. ***xx (Signatures on Next Page) 1��lll l�l�ll II RII�II�I�I�II1I1 l�ll��l III�IIII�I�f��II �r 3 P 3e aB 4 QQQO�.� i IN WITNESS WHEREOF, the parties hereto have executed this Subdivision Improvement Agreement as of the date first above written. ATTEST: C1 Y OF PALM SPRINGS, CALIFORNIA James Thompson,Ci[y Cierk David H. Ready, C� ger RECOMMENDED ey: APPROVED BY CITY COUTI IL David Bamkian, City Engineer SUBDIVIDER: CRV MONTE SERENO LP, a California Limited Partnership By: Capstone Residential Venture XXXI (GP/Monte Sereno) LLC, a Delaware Limited Liability Company,its General Partner . By: Capstone Residential Venture XXXI Company, a Celaware General Partnership, its sole Member By: CapSlone Realty Advisors, LLC, a Delaware Limited Liability Company, its Operating Member (Check One:`individual,_j/ partnership,_corporation) By. By: A_iex Zikakis_its Sole Member _ Name and Title Mailing Address: in care of: Patty Schofield Ashgrook communities 1545 Faraday Avenue Carlsbad, CA 92008 Illlllllllllll Ili IN a��' � veil IF 10 aoa�a�s CALIFORNIA ALL-PURPOSE ACKNIDWL-F.L)GMENT 7'enFS ' '.criro^.ac s.^a:..�irt<^.i.Ci::.t,' .s.�:•;Y._4;:?"ti:chi. rt '+x..s�aT��..�.c, : ';3c.:µ?' State of Calllomid county of J/a17i_lli�4C1 f u 1_. On ,f rar u��.,, { before me. Eai {: i E�a l ti?>! 6Y� Namm onESlre ol011�Iep .emu Ooq NeLuy PUJwj personally appeared ln"Ly L(k lr'= yJ I�: -�vNl ol;rplarlel 1 t �I LKJ personally known to me I iLl proved to ma on the basis of satisraetory evidence I' 7ERILYNNFERC+USON l0 6e file per50n(5) whose names) is/are i Commlalun 1503577 Y subscribed to the within mz'rum=t and 1 h�rt�-GdHamfa I� ,+; H°�N �u 5 acknowledged to me that helshe/they exec SunDNga the same in hislnerltheir authorized 11 Myr_^atnro,Rqp rea.lul2d,2008 capacity(res), and that by lTrs(h0rltheir 3 - slgnaTurn(s)on the Instrument the person(s),or 1 the entity upon behalf of which the persons) aced,ekeouted the instrument. 'tjl r.> WITNESS my hand and of Gial seal. aC�vy�-dnepryru� G J II''I I OPTIONAL III Tnough i mfa=wn below Is nea tbquuvd by ruyg q m;yptow�,Iµ9hIE t0 gersani relying en Ne encuneN and rpylC p:e�ant I17rn5 trapdulcnl xmwlland read chit iw of V S eor to Amrhtr euuv ne h. 'F Description at Attached Document Title or Type of Document Document gate: Number of Pages: h II Signer(s)OrherThan Named Above: fiGapacity(ies) Claimed by Signer Signer's Name ❑ Individual Top N lh� halo I ❑ Corporate officer—Ti • ❑ partner—❑Limited 0 General Attorney-m-Fact O Trustee 3 • Cl Guardian or Conservator f ❑ Other: P,lI � Signer is Representing 5y �`7`rt:i�.(K���v 4'7^�Cv'��•-_'ram`=4_1..�`C(.�'4"r44ry✓v-�. `-U•4:h-�.v.�r—�r`��J�1rv.i..-C.�.�L`i5-w �1CTNBOP111WIVM K1W011[nJ=caan.Avc ppp�V=-omewu IM1 CJ19131]:OP� wuv ayven'NOary Y� ('Iod Wifl�r nowMt 4'Il blkYmriFnO.o:cfiSr IIIllllllllllllllllllllllllllllllllllllllllllllllll�l eo;°� �sg30A T oaQQ17 State or California ) )ss. County of Riverside ) On AL au s"l 3,� e befor me, Carrie Rovnev-Notary Public �411 Pal= Name and Ti,feofOfacer personally appcaircd - - David H. Readv Namc(s)orsi,ncl(s) personally known rn me to be the pomon(s)whose nzrno�^ is[=subscribed to the -Mdiin instnmicnt and aclmowledgcd to me that hclshdlhc;Y executed the same in bls/hcr/thcir authorized capacityp , and chat by hls/hnrit}a siguatures(s)on the inhuman the CAME RMBY persdnW,or rbe catiry upon bobaff of which the person(-} v CommL'•1vn.Y 7348457 td c a ar" Nola PutXic_ � atc , .cecutee inst e rumnt g _ ry Coli[amlp d the . . RlveMcL-county - - MyComm.t�pin=:M©r26,2na6 WITNESS hand aa[ ral s al ��if sa�lacure afNorary Pub]>a� Slate of California )ss. County orPMxside ) On td- US+ 3 I C')CU9 before me. Came Rovnev,Mota7 Public 1)aLc Name and T9ac oF0,Mcer personally appeared-- — Icmes Thompson— Namo(a)crsigra•I(s) 0 personally known to xme 8-pravcrl�nmroa-d cutR RovNo to bcdit #{perso wbase name(w)islazc subscribed to the .--- Communion$134W7 _ within instrumentandxknowlWgedtomeamthe/sl�- w _X Nol,,y utAc- Womla g aX=[L'd tI1C5.'una is 11i5/irGl]lil]CfY alltharl:l%d capaCi '). Rwanlde county and that b Ivslh rfd c r sl uam on rare iu4twnent the co Wes Mor26.2an6' Y o � persan(s3,or the entity upon belanl,FoFwilich the person(sj acta� executed One instnuneat. bUTT1 SS r v.1=, d dud o• ial sail tr SI�11•lh]rCG I111111�[II [Il I[II[I[11111 rfNC 1 N[ICII�II[II eWZ2112M Q9 ses - oaoo� � FXHI$IT"A" TRACT MAP 30046 LEGAL DESCRIPTION Tract Map Na, 30046,as recorded in Map Book pages 13 through "indmive, records of Riverside COUnty, California. Illll{llllll{<IIIIIIIIIIIlIIIlllllllill(IIIIVIIIIIIIII o9 P�fP5 GOO EXHIRIT'B" TENTkTIV RAOT MAP 30046 CONDITIONS QF APPROVAL 141!!lIHIIIIIIIIIIIIIII III III IIIIIIIll IMl III Il ._ _ �"igesbltution 24G,45- `r . • L-7CHIBIT A • TrM*46 and Case No.5.0881 -PD-299 North of 6ogert Troll, east of Goldenrod lane,west of Palm Canyon Wash July 30,2003 CONCITIONS OF APPROVAL Before final acceptance of the project, all conditions fisted below shall be completed to the sattsfacflen of the Oi(i+Engineer,the Direefdrof Planning,the chief of Police,the Fire chief or their designee, depending an which deparfinent recommended the condition. Anyagreements,easements or covenants required to be entered into shall be in a force approved by the City Attorney. PROJECTSPECIFIC COMMONS 1. The proposed development of the premises shall conform to all appkable regulations of the Palm springs Zoning Ordinance;Municipal Code,or any ottter-CilyCodes,ordinances and resolutions which supplement the zoning district regulations. r 2. The ownershall defend,indemnify,and hold harmless the Cityof Palm Springs,its agents, I officers, and employees from any claim, action, or proceeding against the City of Palm l Springs or its agents,officers or employees to attach,set aside,void or annul,an approval of ffle Oifyof Palm Springs,its legislative body,advisoryagericies,bradrhinishmtveofficers concerning Specific Plan Amendments,TTM 30046 Case No.5.0881 -Pb-26S. The City of Palm springs will promptly ifatifythe 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 falls to prompgy notify the applicant of any such'claim,action or proceeding or fails to cooperate fully in the defense, the appFuantshall not,thereafter,he responsible to defend,indemnity,orhokd harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matterwithout the applicant's consent but should it do so,the Lily 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 ot`the indemnification rights heroin. 3. 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,.landseape, irrigation, lighting, signs, walls, and Fences between Vie curb and Property line, inr luding sidewalk or bikeway easement areas that extend onto private property, in a first class condition,frae from waste and debds, and in accordance with all appliaahle law, rules,ordinances and regulations of all federal,state,and tocak bodies and 2 agencies having jurisdiction at the property owner's sole expense. This cnndi4on shall be included in the recordad covenant agreement for the property if required by the Q0. i ttIIII IIi II``II llll dlIiilIll ff `` ii ff`` ll``II { I�t�Il�llllllll�ll�ll�llllllll�l�lll�llll��iilll��l�l es 8069aR 00002 7Ztsoltrhon 26&135 - T-.•_I — _�.- _- - - Page S 4. The developer shall be responsible for compliance with the State Endangered Species Act end Federal Endangered Act prior to.the issuance of grading permits,if deemed necessary by the applicable resource agencies. E- The applicant shall comply With the mitigation measures of the environmental assessment as follows: a. Design and construction of a 30-inch-storm drainage system meeting City and RCFCWCfl approval to direct stor mwater runoff within TTM 30046 to the Palm Canyon Wash. b. Design and construction of a Hood wall`levee)protection system meeting Cityand RCPCWCP approval and censistentwith the SettlementAvgreementwith the Sierra Club necessary to protect proposed residential development from Palm Canyon Wash 100-year water surface elevations. c. Design and construction of ons;ta rough grading plans for future residential development meeting City approval providing future pad elevations in excess of 2 feet above h'ghest adjacent axisUng grade andfor in excess of 1.5 feet above the adjacent base flood elevation of the Palm Canyon Wash,- Application to FEMA for processing of LOIvIR's required to amend to associated FIRM forTTM 3004B and to redesignate all proposed residential developmentfrom Zane AO and A'123 to Zone B or C. ' e. Final grading pions., hydrology analysis and constriction plans shall be approved bythe Public Works❑irectorand ROFCWCD,as appropriate,prior to Issuance of grading permit f. Required LOMft's shall be submitted and approved by FEMA prior to issuance of certificate of occupancywith TrM 30046. g. A fair-share contribution toward the construction.of the South Palm Canyon'Drive bridge over the Arenas South drainage channel or other funding mechanism shag be•determined in a method meeting City approval and submitted to the City priorto issuance of a grading permit h. Prior to issuance of grading permits the applicant shall obtain a 404 Permit and a 1603 Agreement(If required by law)and shall implement all mitigation measures called for in The 404 Permit and 1603 Agreement at the appropriate time to mitigate the projects impacts on Waters of the united States: L Compliance with Chapter 8.50 of the Palm Springs Municipal Code, Fugitive Dust K1111gation Plan,shall be required prior-to the issuance of grading permits. ' . 1• Submit a Fugitive Dust Program to south Coast Air Quality Maintenance District (AQMD)for review and approval prior to issuance of grading permits. Such plan shall be consistent%Mth EPA and ACtMQ rules in effect at the time of issuance of grading permits- k. !ill mitigation measures outlined in the SP-1 Mi'tigalion Monitoring Program shall apply except where superseded. -L Prepare and submit a focused traftia study to update the analysis prepared for the amendment to the Speck Plan#1 Environmental Assessment.(This condition no longer applies due to ira>�re study completed for EIR Addendum prepared for the Canyon South Specffrc Plan amendmenfs,'approved 7116103). ' M. Determine any revisions or modifications to Table 7 `Circulation Mitigation ' Measures"of theAmendmentto$pecitic Plan#1 EnvironmerrtalAssessmant.0h1s condition np longer applies dUe to traffic study completed for EIR Addendum i a prepared for Me Canyon South Spec&Plan amendments,approved 7116103). 1111Illlillllllli�llllllllllllllllllllllll�llllllllll ��aPss E�afl 000022 -page 10 n. A fair-share corrtn'6u[tan-toward the off site roadway improvements and traffic ' signals outtmod in Table 7,"Circulation Mt6stion Measures",oflhoArrtendmerrtto Specific Plan#1 Environmenfa'IAssessment,as modified byafocusc-�i traffic study, shall be determined In a method meeting City approval and submitted to the Ciky p&M issGanoe ata grading permit.(777is con Ovon ?as haan superscdedbytraf5c tniggafion 1770SSUreS In the FAR Addendum preparddfor the Ca'nyvn Soutli Specifra Plan amendments,approved 7/16/03). or PaymentofTuMFshallbemadepriortoissuanceofbuildtng permits.Pleaserefer to Engincoring Condition#l54 for details. p. Regarding Caseys June Beetle;an in-floc fee of$600 per acre for impacts to-to 41-.3 acres of creosote bush scrub and desert wash scrub($24,780)shag be paid to the Utyor Habitat Conservation enftyas designated bylbs City of Palm Springs . prior to issuance of grading permits. (This,condisod has been iholuded aspad of private agreement between Palm Canyon, LLC and the Sierra Club. Please refer to Condition#15 m.for any additional requirements). q. Regarding thedeserttodoise,a"dearancesurvWshall be initiatedpriorfograding permits. If the results of that survey are positive, coordination With USFWS and 00FG and permitting sdbjectto section 10(a)of the Federal Endangered Species Act and Section 2081 of the State Endangered Species Act will be requim-d. If the results are negative,then no further permitting will be necessary. (This conditon has been superseded by biological resources mitigation measures in the FJR Addendum prepared for the Canyon South Speck Plan amendraenis,approved 7/16d03.Please refer to Condition#15.b, far details). r• Prior to grading,permits will be acquired from the U.S.Army Corps of Engineers, Regional Water Quality Control Board and CDFG.These agenciestivill establish any appropriate mitigation strategies through the permitting process. S. Automatic fin:sprinklers shall be required in all homes outside of the 5 minute response time unfil a new fire station is constructed forthe Speck Plan 1A,area. L Developer shall contribute on a fair-share basis to the cost of developing a new Fire station•based on a formula adopted by the City, (This condition has been superseded by Fire Protection Services mitigation measures adopted in the FIR Addendum prepared for the Canyon South Specific Plan amendments,approved 7/16r03). u. During rdugh grading of the site,archaeological monitoring shall be provided.(rhis condlbon has been superseded by cultural resources mitigation measures in the OR Addendum prepared for the Canyon South Specific Plan amendments, approved 711CM. Refer tq Conditions 99 and 910 for details). V. Grading or any other construction acdMI shall halt in the area where artifacts are uncovered and the Cityshall be notified 0 potentially significant remains orartifacts are found, (This condition has been superseded by Cultural resources Mitigation measures in the OR Addendum prepared for the Canyon South Specific Plan amendments approved 7/f 6103.Refer to Conditions#f9 and#1O for details). ea, 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, grading plans, landscape plans, irrigation plans, e�derior lighting plans, sign program, mitigation monitoring program, site cross sections, properly development standards and other such documents as required by the Planning l t Commission. Final development plans shall be submitted within two (2) years of the City Ccunal approval of the preliminary planned development district, IIIIIIIIIIIIIII>f1111111111111111111!illllllllllllll '2�2&e®�eF� ��Ct02- Resolution 20GO, Page f 1 6b. The property developmentstandardsforthisprojec(shallbeSecffong2.01 o0,:R1 BZone, � except rn,for the edifications to minimum lot size, building height, front and side front setbacks, and detached garages. Front setbacks for the residences and attached or detached garagesK ill be considered at 10 fa 15 foet.sldefrord sorb-acks for the residences and attached or detached garages will be considered at 20 to 25•feet Building lie_ight will be considered at up to 22.feet;pending submittal of final development plans. 7a. Final landscaping, irrigation, exterior fighting, and fencing plans shall be submitted for approval by the Department of Planning and Zoning prior to issuance of a building permit tandscapo plans shall be approved by the Piverside county Agricultural Commissioners Office prior to Submittal. Final landscape plans shall include the end re street right-of-way fandsaved areas. The project shall be responsible for installatibn and maintenance of all landscaped areas within the right-qf way and easement area. 7b. The developer shall retain a biologistfecologist to develop and oversee the installation of a revegetadon program for the Palm Carryon Wash. All areas disturbed,on and otf site, during grading and construction shall be restored; S. The projectis located in an area defined as having an impact on fish and wildlifeas defined in lectiion 711.4'of the Fish and Game Code. Therefore, a fee of $1,31coo plus an administrative fee of$50.00 sha4 be submitted by the applicant In the-form of a money. orddee or a•cashiers check payabie to the Riverslde Ceunly Clerk prior to Council action on the project. This fee shall be submitted by the City to the CoUnty Olerk with the Notice of determination. Action on this application shall not be final until such fee is paid. g. Ariativq Americari Monitor shall be present during all grourid disturbing activitieuwithiln the Plan bogndary.. Should any buried deposits encountered, the Monitor shall }rave the authodtyto halt destructive oonsbuction and nofffy a qualified archaeelogistto investigate, an if necessary prepare a mitigation plan-for submission to the State Historic Preservation Officer and the Aqua Caliente Cultural Resource Coorcilnator for approval. 10. Should culturalreseurcesbeencounteredduringsitecomAruetioninanyportionoffthesite, work shall immediately cease and a qualified archaeologist shalt be contacted to evaluate .the significance of the materials. Any significant findings shall be'documented and presented to the Site Historic Preservation Office(SHPO),SIA,the Tribe and the City,and resolved to theirsatisfactiori. 11. The applicant prior to issuance of building permits !shall submit a draft deolara6on of covenants, conditions and resulclions f CC&Ws")to the Director of Planning and Zoning for approval in a fdrm to be approved by the City Attorney, to be recorded prior to the certificate of occupancy for the first home in the• subdivision, The CC&R's shall be enforceable by the City, shall not be amended without City approval, shall require maintenance of all property and landscaping within right-of-way in a good condition and-in accordance With all ordinances. The applicant shall submit to the City of Palm Springs,a deposit in the amount of$8Uo0, forthe reviewofthe CO&R-s bythe CKyAttorney, A$250 filing fee shall also be paid to the 1 City Planning Department for administrative review purposes. i J Illllllllllllillllllfllllllllllllllillllllllflllllllll es °ea OR 00002 . ,.. ,�solutian 20fi85�._�-- -- _— . . ...._..� ._ _- •- ---- ---- --.-.- - page 12 ' ' M •Final development plans,shall be prepared in accordance with the Mltigation Monitoring Program for canyon•Redevelopment Plan and the panyon Park Resort and Spa Specific Plan EIR, as amended in 2003 (how Known as Canyon South $pecifie Plan), prior to. approval of the Final Pp and Finial Tract Map,a•comprehensive mitigation monitoring report consisted wlih the Monitoring Program shall be prepared and approvedby the Urector of Planning and Zoning. The City shall be reimbursed for the cost of preparation andlor review of said report Refer to Gily,Counoil Resolution No. 17598 cerifying the Final EIR forthe Canyon Redevelopment Plan and Canyon Park Resort and Spa Specific Man,City .Council Resoiutiori No. 18272 certifying the negative declaration for (he General Plan - Amendmentand amendmenttothe Canyon ParkResortand SpaspecillicPlan M,and City Council Resolution No,2pe78 recertifying the Final ElF.forthe Canyon South SpeciflcPran for specific details: All mitfgabon measures, where applicable, shall be adopted as conditions of approval. The following measures are hi-lighted for convaniencs: a. Prior to final project acceptance including approval of the:final map or planned development district, the My shall establish a formula for the applicant'.;payment of their "fair share"of the costs of the matters fisted below, and applicant shall pay fees pursuant to the formula or post such security asthe My Attorney shall determine is appropriate. The fairshareformulasshall be based on data developed byCityor lis consultants to determine theapplicant's proportionate responsibilityforproviding the specified pubricimprovements, and for producing affordable housing, based upon the benefits received by the project andfor impacts caused by the project 'The costs shall include not only construction costs, but also design, engineering and other similar costs,as well as City administrative costs including the costs of developing the falirshare formula. Fair-share forthulas shall be developed for the following matters: i) Funding of site acquisition and construction of a fire station providing adequate fire protection services to the project site and vicinity. iii) Funding off-sto acquisition and construction of affordable housing meeting the goals of the City's housing Clement. See Section 5-10 (5-184) Jobs and Housing for specific mitigation measures. iii) Funding of cons ry ton of off--site roadway improvements and signals as shown in Table 5.14 of the canyon Redevelopment Plan and the Canyon Park Resart and Spa Specific Plan Final Environmental Impact Report b.- Appropriate removal and recompaction of surface soils in areas to support structures Will mitigate potenfral settlements. Building sites planned within fhe alluvial areas shall be evaluated bythe soil engineer for setllementpotential during detailed geetechnical studies for design of structures,with respect to the•specifics of proposed structure locations,soil conditions,foundation loads,etc- A final soils report shall be submitted with the detailed development plans(grading and structural)for the project. c, All outdoor lighting constructed on the project site shall be directed at the ground to- prevent unnatural ligfifirtg from interfering with the activity of noctumal animals that live in ' the Surrounding natural areas. EXceptions to this condition shall be limited to accent landscape and architectural lighting. All lighting which directly illuminates hillsides and wash areas shall be prohibited. This condition shall be included in the CCURs. IIIIIIIIIfIIIIIIIIIIIIIIIIIII81flIIlIIINlllllllllllll ` .-lzesdlution 2gs85 • page. 13 d. Prior to Final PD or Tentative Map approval,the applicant for a Final PD or Tentative Map proposed Within the Speck Plan area shall prepare.a detailed drainage plan.which protects all proposed habitable structures from the 100-yeear stoup and which is consistent with the Conceptual Drainage Plan described In specific Ilan#1A,as amended July 16, 2003, On-site surface drainage shall be designed to manage 10-year to 100-year•storrn runoff according to Riverside county Flood Control District and City Standards. Drainage" facilities shall include: natural appearing structure&armoring;replacementofjurfsdic6onal waters disturbed; revegetation and renaturaliration to blend with the surroundings. Proposed drainage improvements shall bo renaturalraed using local rack materials and desertlandscaping using as much ofthe on-site cactus andotherdesert plants as possible. e. The natural vegetation of the sita shall be prm vdd in open space areas. Necessary grading or alhe�disturbance in naturallyvegetated areas shall be revegetated with drought talerant non-invasive species. The applicant shall submit landscape plans to the Department of Planning and Zoning tar review and approval.' 13. Pursuantto the Sierra Club Judgement filed with the riverside County perk on August 18, f99S: , a. The Palm Canyon Wash flood control facilities shall be constructed for 100-year storm protection and shall include the-criteria as specked in the judgement. b. Flood udntrol construction worktnrPalm Canyon Wash shall be limited to the period from May'I to Novembers of any calendar year. cm As As a means of providing temporary equestrian access, the applicant shall 'refrain from using Palm Canyon Wash as a haul route. d. In accordance with Portion.44 of Exhibit D, a $0 fdot wide hiking and equestrian path shall be provided in the Palm Canyon Wash bottom. id.• Final design of the palm Canyon Wash flood control facilities is subjecf,to City and RCFCWCD approval. In the event a concrete lined channel is required, Planning staff recommends that rock lining be added to soften the visual impact 15. All mitigation measures and associated mitigation monitoring program in theAddendumto Canyon Park Resort acid Spa Specific Plan EIR apply and are hereby incorporated as conditions of approval. The following are mitigation measures specificto the Monte Soreno project that have been highlighted for odnvenience: a. There shall bean emphasis on plant species native to the immediate region in the sensitive 100 yard wide area adjacent to natural hllsides. On a limited basis within residential yards, non-desert, non-invasive exotic plants may be utilized as ornamental landscaping.Two invasive species,tamarisk and fountain grass,shall be prohibited in the Specific Plan area.The proposed plan and landscaping palette fdr this area shall be subject to the review of the Director of the Department of Planning and Zoning or the Planning Commission and a qualified biblogist who is acceptable to the City. b. Pre-construction tortoise surveys shall be required for any project north of Bogert I Trail and west of IGold1enro 1d Lane.The 1surveys shall occur no more than 3G hours .' I I[f��!I�I�lil� �I�IIII II�Ifll�i�lll�IIl�llllii ll III 0���ES o�3F ~.•' ]ReSnlutlan 2005 -•1.__�._...�._.. -�_...,,.. i _�. ....._.___ _. Page 14 - prior to the initiation of any ground disturbing activity in the area. Should desert tortoise he Identified,the projectproponent shall secure permits from the Galifomia, Department of Fish and Game andlor the U. S. Fish and Wildrife Service, as required. c. The project proponept(s)for any project requifingalteration of a stream or waterof the United States shall secure 404 and 1608 permits from the U.S.Army-Corps of Engineers and the C.Aomia Department of Fish and Game,respectively,and 401 water qualitycertification from the Regional Water Quality Control Board,if required by law. d. Project proponents within the Specific Plan boundary shall be regyired to construct a fence in the future,if it can be demonstrated to the City Council thatdirect impacts to bighorn sheep are caueed by any component of the projects•proposed within the Specific Alan boundary.Ten verifo sheep sightings in a given 12 month period will cause the initiation of a site speafic utilization study.The fence design, if required, Shall be submitted to the City and any other responsible agency for review and approval prior to construction.The fence will be constructed within 12 months of notification by the City. e. All construction activity will be confined to the project site with the exception of the temporary and permanent disturbance along the western side of the wash (see Exhibit2of°Bielogica(Constraints Letter r eportforthe Monte SorenaDayslopment Projecr, by Thomas J. McGill, Ph.D., Michael 6randman Associates, December 2002). f The limits of the temporary disturbance zone will be cordoned off to preclude vehicular access easterly into the remaining wash area. g. Construction activity shall stop before dusk each dayto avoid attracting dispersing Casey's June beetle males during the flight season (April 1 through May 31)_ h. Access to the construction site will come from Bogert Trait and will remain outside the wash. I. controlling dust bysprayingwaterwillbe permissible outside the flight season and only within use designated construction zone. j. The project proponent shall secure 2.46 acres of comparable desert wash habitat off-site as mitigation for permanent impacts. The 1.6 acres to be temporarily impacted shall be re-naturalizad. k. A six foot wall or fence, meeting City standards, shall be constructed along the eastern property line of the project site. I- The payment of a $600 per acre fee to the City, for the purchase of open - space/co6servation (ands, as previously Included in the Mitigated Negative declaration. m. Palm Canyon shall pay$85.000, to be used.for the acquisition of habitat for the Casey's June beete, in addition to the $600 per acre required by condition 15.1. (hereafter"habitat acquisition funds"). The habitat acquisition funds shall be paid into an escrow for the Gity's benefit to be used for the acquisition of habitat for the Casey's June beetle in aeoordanoe with the terms of this CandWon,15(m), Should the City,foranyreason,decide sotto accept the habitat acquisition funds,thefunds shall be deposited into a separate escrow accountforthe benefit of an entity,public or privdte, to be designated by the Sierra Club, subject to the approval of Palm y Canyon,which approval shall not be unreasonablywithheld. Tfhehabitatacquisition. funds shall still be used far acquisition of Casey's June beetle habitat. The money 1 shall be deposited into an escrow account for the City or into a separate escrow account within 21 days of City Council approval of the Monte Sereno project Illllll(Ifllilllllllllll11111111111111111111111111IN anz�5°ar -'s - spesolUtian 20685 j Page i$ appiicatlon.For the purposes of this.condiffon,date of approval shall be the elate on ! which the last signature is placed on any resolution or ordinancs required for the r approVal of the Mania Sereno project applicallon. Palm Canyon shall provide written notice to the Sierra Club that the habitat acquisiaon funds have been deposited within 48 hours of their deposk For the purposes of this condition,the acquisition ofhabifatfor the Caseys June beelleshallmean the pwchase,or permanent pre ervationbywayofcoriservation casements and/or deed restrictions habitat identified in an approved habitat conservation plan-or habitat approved by the Siena Club. Tha city orthe entity designated in place of the City by the Sierra Club shall provide the Sierra Club written notice of an intended use of the habitat acquisition funds at least forty-five (45)days before such expendhurs takes place and that failure to object in virlting withiri thirty(30)of notice being maded.shall bedeemed automatic approval by the Sierra Club. If,for any reason, Palm Canyon requests the return of the$85,000. the money, togetherwilh accrued interest,shalt be returned to Palm Canyon,this condition shall be deleted and the Cityshall prepare a Supplemental Eni ironmental Impact Report - to address the impact of the Monte Sereno project on the Casey"s June beetle. 16. The developershall prepare a focused traffic study,to be completed within six months of wnen 30% of the project is complete, to evaluate tiaffio impacts to Bogert Trail. The focuser]traffic study shall be submitted to the city Engineerfor review and approval.The developer shall be responsible for all improvements to mitigate impacts identified in the i focused traffic study. GrENEP,AL CCNDITiONS 1. The street address numberingflettering shall not exceed eight inches in height. 2. Manufacturer's cut sheets of all exterior lighting (landscaping, and entry area) shall be submitted for approval prior to final map approval. 3. The design;height,texture and coloroffences andwalls shall be submitted for review and approval prior to issuance of building permits. 4. Texture, materlals, and colors to be used on the proposed fences and-wails shall be submitted for review and approval prior to issuance of building permits. - 5. This project shall be subject to Chapters 224 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 perrhit valuation as calculated pursuant to the valuation table in the Uniform Building Cede,the feeing being 112%for commercial projects or 1140%for residential projects with first$106,ODO of total budding 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 propertyowner shall enter into a recorded agreement to maintain the art work and protect the public rights of acoes and viewing. 11111111 EI11111111111111111111111l1 Mill llilll 09 g�e�pen �Q®V4F6 .. - .�2esalutidn 206aS '�'� � ..� - -� --•- - • 8. separate arcNW' Ural approval and permits shall be requfmd foralf signs. ArJetalled sign program shall be submitted for review and approval by the Ftariding Commission, 7- The grading plan shall show the'disposition of'al( cut and fill materials. Limits of site disturdance shall be shown and all disturbed areas shall be fully restored or landscaped, 8. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Ootrtrol Plan shall be submitted and approved by the Building Official. Refer to Chapter 8.5o.of the Municipal Code for specific requirements. 9. All proposed trees within the public right-of-way and wrfhio 10 feet of the pubGo'sidewalk andfor curb shall have Cify approved deep root barriers installed per City of Palm Springs Ehginr�crtng specifrptions, 10. kortotheissuartceofbuildingpermits,locationsofalltelephoneandelecUicalboxesmust be indicated on the building plans and must be completely screened and located in the interior or the building, Mecirical transformers must be located toward the interior of the project maintaining a sufficient distance from the trantags(s) of the project, Said transformer(s)must be adequately and decoratively soreened. 11, Trash cans shall be screened from view and kept within firty(50)feet of the street 12. All roof mounted mechanical equipmentsha(I be screenedfrom all p❑ssilile vantage paints both eXisting and future per secti❑n95,03.00of Die ZoningOrdinance. Thesereeningshall be considered as an element of the overall design and must blend with the architectural design of the building($). The exterior elevation* and roof plans of the buildings shall Indicate any fbdures or equipment to be-located on the roof of the building,the equipment heights,and type of screening. Parapets shall beat least G"above the equipment for the Purpose of screening. POL.IGE DEPARTMENT: 1. Deve(opershall complywith Section II of Chapter 8.04 of the Palm springs Municipal Code. BUILDING DEPARTMENT: 1, Prior to any construction an-site,all appropriate permits must be secured. FIRE: 1. Fire DepartmentAGoesz: Fire,Department Access Roads shall be provided and maintained in accordance with Sections 901 and 902 CFC. (902A CFO) 2. Minimum Access Read Dimensions: Provide a minimum 20 feet unobstructed width. If parking on one side of the access road is desired,provide an additional 8 footwide packing 7 ? lane with opposing ourtb marked red with appropriate signage for a tot-i 28 foot width. if -parking on both sides of the access road is desired,provide an 8 foot wide parking lane on 1 each side of the access-road for a total 36 foot width, (902.2.2.1 CFO) IIIIIIIIIIIIIli1111flllllllllllllllllf IIIlrlllllll1111 fld 23,27 r082000fl w''�CSOtLrt76R 2r1l;as ,_ �_�-��^I •� �.-_._ Page 17 . 3. • Tutu-Around f7egnlrements: Dead-end fire apparatus access roads in excess of 160 feet in length shall be provided with approved pmvistonsforthe''tuminro g aund off-ire apparatu& The City of Palm Springs approved tun around provision is'a cul-de-sac with an outside turning radius of 43 feet from centerline.•(9022.2A CFC) 4. Mandatory Fire Sprinlderg: Project is beyond a 5-minute response time from closest fire station and therefore requires an automatic fire sprinlddrsystem. Only C-16licensed fire sprinkler contractor shall perform system design pnd installation. System to be designed' and installed In accordance with NFPA standard 13D, 1996 edill©n,as modified by local ordinance. The contractor should subrrdt fore•sprinkler plans when the building plans are submitted. This allows concurrent review of the fire sprinkler and building plans. 5. Water Systems and Hydrants: Underground water mains and fire hydrants shall be installed,completed,tested and in service priorto the time when corilErustble 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 cerGticate to the fire department (9-2.1 NFPA 24) 6. Residential fire hydrants: Residetrtial fire hydrants,shall be installed) in accordance with DWAspeoificailons and standards. No landscape planfing,walls,orferiang are permitted within 3 feet of fire hydrants,except groundcover plantings• 7. Site Plan: Provide the five departmentwifh two copies of an approved site plan. Approved q locations for fire hydrants will be marked on this sits plan,with one copy being returned to the.appksint. The second copy will be retained by the fire department g. Access During Construction:Access for fire fighting equipment shall be provided to the immediate job-sits at-the start ❑f 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 minirhum weight of 73,000 lbs.(Sec.902 CFC) ENGINEERING- Before final acceptance offfhe project, all conditions Fisted below shall be completed to 'the . satisfaction of the City Engineer. STREETS 1. , Any improvements within the street righl,of--way require a City of Palm Springs Encroachment Permit.Work shall be allowed according to(�solutiori 17950-Restricting Street Work an Major and Secondary Thoroughfares. I 2. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Depaftent The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. I Minimum submittal shall include the following, IF appikeable: l �IIIIIIIIIIIII[IIIIIIIIIIIIIIIII���II IIIIIIIIIIN a4; 2FcfS3aAnfl 'R'esolutian 206s5 page 18 A. Copy of signed Conditions of Approval from Planning Department B. All agreements and improvement plans approved by City Engineer,IF applicable. C. proof of processiM dedications of tight-of-way, .easements, encroachment agreementsilioenses, covenants, relmbursament agreements, 'etc. required by these conditions. DOGERT TRAIL 3. The Main Entry shall be constructed in accordance with City.of Palm Springs Standard drawing No.205 and have a minimum width of 85 feet or as approved bythe City Engineer. d. Construct a minimum 5 foot wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No.210. 5. Construct a 6 inoh curb and gutter,20 feet north of centerline along the entire frorrEage per City of Palm Springs Standard Drawing No.200 and 206. 6. .Construct a Type C curb ramp meeting current California State Accessibility standards 2fong both sides of the MA114 ENTRY per City of Palm Springs Std. Dwg, Nos, 214 and '212A. 7. Remove and replace existing pavementwith a minimum pavement section of3 inchasphalt concrete pavement over a inch aggregate base with a minimum subgrade of 24 inches at 0510 relative compacfion, OR equal,from edge of proposed gutter to clean sawcut edge of existing pavement•along the entire Bogert Trail frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 315. The pavement section shall be designed, using "R" values, by a licensed Soils Sngineer and submitted to the City Engineer for approval. AVENiDA MARBELi A 8. The existing 50 foot wide easement for road purposes for Avenida Marbella (not constructed)may be abandoned;however,access to the Palm Canyon Wash by Riverside County Flood Control District(RCFC) equipment and personnel shall be maintained or provided Mon alternate location.The developer shall coordinate rewcnlian of Paim Canyon Wash access with RCFC and provide the City Engineer with documentation from RCFC supporting abandonment of the LAsting road easement prior to approval of the final map, PRUATE STREETS g, The following traffic calming devices,OR equal, (the final configuration to be approved by the City Engineer)shall be incorporated into the on-site streets: Narrowed pavement `chokers'shall be provided at one location on Street as" between t Streets ;4" and aF, one location on Street "D" between Streets `Ba and uE", and one location on Street 1P between Streets "s" and "D", as approved by the City Engineer. Chokers shall be designed with a transition using 25 foot reverse curves and a 40 to 80 foot long, 20 foot wide (10 feet each side of centerline)narrowed travel way.The narrowed • • I IIIII{if�lflllll<Ill{iII{I{II{IIIi{{III IIIII{Ill�ll �����9s�BaA - s .�esoluiaon xoh>15. .) - � `_-_I .--•----__.__ . r Pdge T9 . travel way shall be, constructer,with a colored or decorative Porfland oornunt concrete section 6 inches thick as approved by the MY Engineer, 10. The minimum pavement section for all on-site streets shall be 2-112 inch asptialt concrete Pavement over flinch aggregate base•wikh a minimum subgrade, of 24 inches at 95% relative oompactlon,OR equal.The pavement section shall be designed,using^R"walue% determined by a licensed Soils Engineer and submitted with the nine Grading Plan-to the City Engineer for approval_ 11, Construct a wedge curb,with the back of the wedge curb located 18,5 feet from both sides of ceniorline along all private street frontages. with 25 foot radius curb,retums-and spandrels as required at interior street intersections, per City of Palm springs Standard Drawing No.200 and 206. 12. Cnlistructsfoot'wide cross guttersas required atinteriorstreet intersections inaarordence with City of Palm Springs Standard Drawing No.'200 and 205. 18. Street intersection design for interior V street intersections shall be designed in accordance with City of Palm Springs Standard Drawing No- 1 q4, or as approved by the City Engineer. .f 4, Off-set cul-de-sacs of interior streets shall be designed in a manner acceptable to the City Foginear, 1 15. All centerline radii shall tie a minimum of 130 feel The proposed intersection of Street^6°and Street"F'shall be revised.The intersection shall be redesigned in a manner=,eptable to iris City Engineer,using a standard knuckle, or the centerline radius shall be increased to a minimum of'f30%LL 16. Construct minimum 10 wide driveway approaches for all lots in accordance with City of Palm Springs Standard Drawing No,201, 17. Thefellowingrequirementsforagatedentryshallbemettoprovideadequatesetbacksand turning movements for vehicles entering the primary parldng facilities of this project A, ProAda a minimum 50 foot setback to the access gate control mechanism 6. Provide a turnaround after the mechanism for vehicles unable to entcrthe project C. Secunty gates shall provide a minimum of 20 feet clear width in one direction. D- Provide a separate lane of ingress for residents- SMgITARY SEVVER 18. •All on-site sewer systems shall be privately maintained by a Home Owners Association i (NOA). Provisions for maintenance of the on-site sewer system, acceptable to the City Engineer,shall be included in the Codes,Covenants&Restrictions(CC&Ps)raquired for' this project tr I +` I 44II IIII II II r I I I+r • I��Illl IJII�II II Il��li�l�!1 �IIA I�I1�A��II��1�111�1 III a 209 cr$ 0090an2 ' `RE:srnl4tion 20695 page 20 19. Connect U sanitary,fadlittles to the Gty sewer system. Lateral shall not be connected at manhole: 20. Developer shall construct an 8 inch sewer main across all PRIVATE STREET frontages, or as required to provide sewer service to each lot 21. • Submit sewer-improvement plans prepared by a Registered Civil Engineer to the Engineering Department, The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits, idinimum submittal shall include the following;A. Copy of signed Conditions of Approval from Planning Department. B. Proof of processing dedications of right-of-way, easements, encroachment agreementsfcenses, covenants, reimbur.ement agreements, etc. required by these conditions. 22. The existing s inch and 12 inch public sewer mains extending through the project and _ proposed forrelooation shall be relocated in a manneracceptable to the City Engineer.The developer shal(dedicate an easement for sewer purposes to the City of palm Springs over the widtl i of private streets for the relocated alignment of the public sewersystem within the project."nicrelorated public sewer mains shall be separated from the pitvate sewer system to be constructed to provide sewer service to lots within the project. GRADING ?3. The proposed pad elevations shown on the tentative map are inconsistent with the City of Palm Springs,Flood Hazard Ordinance.Approved pad elevations shall Be established as required to demonstrate compliance with the rlood Hard Ordinance including:design of on-site rough grading plans for future residential development meeting City approval providing future pad elevations in excess of 2 feet above each lots highest adjacent existing grade in the AO Zone,and/or 1.5 feet above the base tiood elevation in the A7 and A13 Zones, 24. A copy of a rule Report prepared/updated within the past 3 months and copies of record 'documents shall be submitted to the City Engineer with the first submittal of the Grading Plan. 25. Submit a Grading Plan prepared by a Registered Professional to the Engineering Department for plan check. Grading plan shall be submitted to the Planning Department for approval to submit for plan check prior to submittal to the Engineering Department A PM 10(dust control)Plan shalt be submitted to and approved bytha Building Division pror to approval of the grading plan.The Grading Plan shall be approved bythe City Engineer prior to issuance of any grading or building permits. T Minimum submittal includes the.following: r1 A. Planning)Department approval tolIlsubmit for plancheck. i��fll�fhlfl�I�Ill�f�l�II IiI��{iIIIIi�II11111111lilt ll ash�iao�Be�a e QQ9®2'3 ' . :�1,;+;sniTtrtion.x0as5 ,I � page 21 B. Copy of signed Conditions of Approval from Planning Department, j ) C. Copy of Site plan stamped approved and signed by the planning Department D. Copy of'RIQ Report preparedlupdaled within pasta months. F_ - Copy of Soils Report, IF required by these conditions. F. Copy of Hydrology StudylRepoM IF required by these conditions. G. Copy of the General ConstructionAotivityStormWatorPermitfromtheStateWater Resources Control Board(Phone No.916 657-0687)to the City Engineer prior to issuance of the grading permit, 26. Drainage swales shall Doprevidedadjacentto all curbsandsidewalks-•S'wideand67deep to keep nuisance water tram entering the public streets, roadways,or gutters. 27. Developer shall obtain a General Construction Activity Storm WaterVermit from the State Water Resources Control Board(Phone No.(916)-557-0687)and provide a copy of same, when executed,to the City Engineer prior to issuance of the grading permit 2& In accordance with City of Palm Springs Municipal Code,Section 8.50.00,the developer shall post with the Cily a cash bond of two thousand dollars ($2,000.00) per acre for mftigaban measures of erosionlblowsand relating to his property and development, i 29. A soils report prepared by a licensed Gectechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed site.A copy-of the soils report shail be submitted to the Building Department and to the Engineering Department along with plans,calculations and other information subject to approval bythe City Engineer prior to the issuance of the grading permit 30. Contact the Building Deparhmentto get information regarding the preparation of the PM10 (dust control)Plan requirements. 31. In cooperation witlt the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture lied Imported,Fire Ant Project,applicants for grading permits involving a grading plan and involving the wort of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the km of an approved"Notification of IntentTo Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Courtier"(R1FA Form CA-1)ore verbal release from that office prior to the issuance of the City grading permit The California Department of Food and Agriculture oTflce is located at 73-710 Fred Waring Drive, Palm Desert. (Phone: 760-776-8208) DRAINAGE 32, The developer shall accept ail stormwater runoff passing through and falling onto the sito I and conduct this runoff,to an approved drainage structure as required by the hydrology study prepared b`iylTett+emrcr and Associates,Dated April 2001, II��III��I�I111I��I�II��IIII�I�I���III�IIIIII I��AI as z 20Qs0SSSeeff 0 0 a 0 4 ' ., "1i�t�uori zones , ' . - • - - Page 2Z 33, The eastem slope.of the palm Canyon Wash shall not be'disturbed. 04. Developersha0 pay fair share contribution as approved by the City Engineer toward the consfruolion afa bridge structure at the South palm Canyon Drive crossing of the Arenas South diainzge channel. 35. A portion of this property is in Federal Insurance Rate Map (FIRM) Zone A7 (Lots 25 through 29), Zone A13 (Lots 3 through 13) and the remainder is in Zone AO-(Depth 1), Development of this project shall conform to no FEMA and City of Palm Springs Flood Hazard Ordinance requirements for.these zones. W. The developer shall design and construct a storm drain system outletting into the Palm Canyon Wash,as approved byRCFG and the City Engineer consistent with the proposed system included in the hydrology study prepared by Tettemerand Associates,dated April 2001. .37. The developer shall design and construct a hard lined levee flood wall system adjacent io the Palm Canyon Wash from the end of the a7dsting levee north of the Bogert Trail Bridge to the north property fine of the tract OR transition to the existing channel, and shall coordinate further drainage improve-Monts within the Canyon Golf Course area as required by and approved by RCFC and the City Engineer, consistent With the proposed improvements included in fhe hydrologystudy prepared hyTettemerand Associates,dated Apri1.200i. 35. The developer shall submit an application and all required information to the Federal Emergency Management Agency (FEMA) for approval of a Conditional Letter of Map Revision (CLOMR) or a Letter of Map Revision (LOMR) prior to issuance of building permits. 39. Final grading plans,hydrology analysis and construction plans shall be approved bytheCity Eltginaer and RGF'G,as appropriate, prior to issuance of a grading permit - ON_SrfE 40. .Any utility cuts in the existing off-site pavement made by this development shall receive trench replacement pavement to match existing pavement plus one additional inch.See City of Palm Springs Standard Drawing No. 115.Pavement shall be restored to a smooth rideable surface. 41. Al proposed utilities shall be installed underground. All existing utilities shall be shown on the grading/street plans.The existing and proposed service lateralsshall be shown from the main line tothe properlytine.The approved original gradingfstreetplans shall be as-built and returned to the City of Palm Springs Engineering Deparb-hent prior to issuance of the certificate of occupancy. 1 42. The developer is advised to contact all utility purveyors for detailed requirements for this project at The earliest possible-dale, • IIIIUII�IIIIf�lllllllllilllll(lllllllllll�fllllllll ea?��o���n ------------ � r , [�asolu#fon 2rj6S5- - Page 23 49.. -Nothing shall be constructed or planted in the comer 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-J3.02.00,D. 44, 'All proposed trees within the public right-of,-way and x%rthtn•10 feat of the public sidewalk andlor aurb'shafl have City approved deep root barriers installed per Oily of Patin Springs Engineering specifications. MAP 45. The Title Report prepared for subdivision guarantee forthe subject property,the traverse closures for the.emsting parcel and all lots created thererrom, and copies of record documents shall be submittedwith the Final Map 1v the 1=rtginoering Department. 46. . -The Final Map shall be prepared by a licensed Land Surveyor qr qualified Civil Engineer and submitted to the Engineering Department for review.Submittal shall be made prior to issuance of grading or building permits. TRAFFIC 47_ Thu developershaliprovideaminimumof48inchesof sidewalk clearance around allstreet furniture, fire hydrants and other above-ground facilities far liandicap accessibility. The - -developershallprovidesamethrough dedication of additional righhof-wayandwldeningof the sidcwall�orrshalf be respohsible forthe relocation of all e>dsfing traffic signalfsafetylight poles, conduit,pull boxes and all appurtenances located on the BOGERT TRAIL frontage of the subject property. 4& Install a stop sign at the following interior street intersections as required, by the City Engineer. Install a stop sign for vehicles egressing at the Main Entry. Install a three-way stop sign at Street and Street"B". Install a stop sign on street"c"at Street"E. Install a stop sign on Street"F_"at Street' ". - Install a stop sign on Street'C at$treet'5" Install a stop sign on Street"R"at Street F. [ristalFa step sign on Street"H'a#sheet"F'. 49. The developer shall replace all damaged, destroyed, or modified pavement legends and striping that is required by the City Engineer an the BOGERT TRAIL frontage prior to issuance of a Certificate of Occupancy. 50. The developershall pay afairshare contribution towardtheoff-site roadway improvements and traffic signals outlined in the 5peorric Elan,as amended on July le,2003. Payment of required fair share contributions shall be made prior to approval of a final map. 51. Street name signs shall be required at each intersection in accordance with Cityof Palm - Springs Standard Drawing Nos.620 thiougti•625. rf J I rJ r tf J f I II I +nI , IIII��II�I�I�I�1�Allll�I�Illll Illl��i I�1�I�I�I��I Illf a�rr�mo �eeR �' a RrsOt4tion 3tl6ti5 - •' Page Z4 52. bw pmtife and glare praWed lights shall be installed on each side of the Main Entry _ lacated on SogertTrail. 58. 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 eonstrucfion signing,lighting and bwrioading shalt ba inaccordancewiih State of California, Dep,rtment of Transportation, "MANUAL. OF TRAFFIC CONTRQ[,S FOR CONSTRUCTION AND MAINTENANCE WORK ZONES" dated d996, or subsequent additions in force at the time of construction. 64, Thin properly is subject to the Transportation Uniform Mitigation Fee based on the iaEslmz: Ti&L a(mGLE FAMILY DETACHED ITE Code B land use. 1 1 f�IIiI�If�IfIIIfIIII(flllfllll((�(f�[I�IIIIDlilNill a� °�;�s� ao��� 1 r . EXHIBIT"C" MITIGATION FEE SCHEDULE All estimated payments to be made priorto issuance or building permits. Each fee is calculated on a per unit basis. 1. Fire station&Equipment 266.07 per unit 2. Drainage: 3 2,3g0.05 per unit 3. Road/Bridge: 3 2,704.00 per unit 4. Affordable Housing: $3,120,00 per unit The above Mitigation Fee amounts apply to permits issued in the calendar year 2005. Said amounts shall be adjusled based on completion of the Cityys engineers assessment spread report if the amounts determined in the report vary from these estimates, if there is an increase in the amount, Subdivider shall pay the additional amount per unit within thirty(30)days notice of the increase_ If there is a decrease in the amount,Subdivider shall receive a credit toward the payments on the next Mitigation Fees owed for subsequent building permits obtained for construction on the Property. In the event the permits are pulled in subsequent years,the Mitigation Fee amounts shalt be further adjusted in a percentage basis by the Consumer Price Index as set forth in Section 1.1(b). IIIIIIIIIIIIIIiI[�III�IIIlllll�l[II�IIIII�IIII�II�II 05,2-3/x��Dep