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7/21/2004 - STAFF REPORTS (10)
DATE: July 21, 2004 TO: City Council FROM: Director of Public Works/City Engineer FINAL MAP NO. 31887 RECOMMENDATION: It is recommended that the City Council approve Final Map No. 31887, prepared by Hunsaker and Associates Irvine, Inc., representing Baristo Group, LLC, a California limited liability company, and John Wessman, Trustee of the Wind Song II Trust dated February 11, 2004, to subdivide property located at 284 Cahuilla Road, in Section 15, Township 4 South, Range 4 East. SUMMARY: Hunsaker and Associates Irvine, Inc., representing Baristo Group, LLC, a California limited liability company, and John Wessman, Trustee of the Wind Song II Trust dated February 11, 2004, has prepared a nine lot Tract Map for subdivision of property for condominium purposes located at 284 Cahuilla Road, in Section 15, Township 4 South, Range 4 East. BACKGROUND: Hunsaker and Associates Irvine, Inc., representing Baristo Group, LLC, a California limited liability company, and John Wessman, Trustee of the Wind Song II Trust dated February 11, 2004, requests that the property located at 284 Cahuilla Road, in Section 15, Township 4 South, Range 4 East, be subdivided into nine lots for condominium purposes. The property will be developed into 38 condominium units. At its meeting of November 26, 2003, the Planning Commission recommended approval of Tentative Tract Map No. 31887, which was subsequently approved by the City Council, subject to conditions, on December 17, 2003. However, Tentative Tract Map 31887 was revised by the developer, which was recommended for approval by the Planning Commission at its May 12, 2004, meeting. The revised Tentative Tract Map was approved by the City Council, subject to conditions, on May 19, 2004. Tentative Tract Map 31887 includes abandonment of portions of public right-of-way in accordance with Section 66434 (g) of the Government Code. Specifically, the westerly five feet of Cahuilla Road and the easterly sixteen feet of Lugo Road are proposed for abandonment. The developer has coordinated with all affected utility companies, and approval of the abandonment of the Lugo Road and Cahuilla Road rights-of-way were received, subject to the reservation of a public utility easement over the portion of Cahuilla Road being abandoned. Final Map No. 31887 July 21,2004 Page 2 It has been determined that required conditions have been satisfied, that Final Map No. 31887 is in substantial conformance with the approved Tentative Tract Map, and that Final Map No. 31887 is ready for City Council approval. SUBMITTED: r'j)f? DAVID J. BARAKIAN Director of Public Works/City Engineer APPROVED: �DAVID H. READY � City Manager C ATTACHMENTS: 1. Resolution 2. Map 3. Subdivision Agreement 9 NUMBERED LOTS AND IN THE CITY OF PALM SPRINGS,COUNTY OF RIVERSIDE,STATE OF CALIFORNIA SHEET 2 OF 4 SHEETS LETTERED LOTS'A1'B','C AND'D' ' =4 ACRES GROSS TRACT NO. 31887 - BEING A BU IDNISION OF LOTS E THROUGH ED INCLUSIVE,IN BLOCK A LOTS 1B THROUGH 1R INCLUSIVE,IN BLOCK 16,1 1HER YIRH A POINTER OF OAHUILLA ROAD (..BE AN ENAND AS VACATED BY THE BOARD OF SUPERVISORS OF RIVERSIDE COUNTY,CALIFORNIA BY ORDER COPY OF WHICH WAS RECORDED AURCH 27,192Q IN BOB RE CGS,PACE 532 OF DEEM PADDIES COUNTY RECORDS,TOGETHER WOOL A PORTION OF LINGO ROAD,OF THE MAP SHOWING RESURVEY OF TOWNSITE OF PALM SPRINGS,AS SHOWN BY A MAP ON FILE IN BOOK%PAGE BOB OF MAP$SAN DIEGO COUNTY RECORDS /0 xp L All w/Euv AN SHEET INDEX MAP RORY S.WILUAMS, LS.6654 DATE OF SURVEY:MARCH,2004 // if G a am Pa s,jse HUNSAKER AND ASSOCIATES IRVINE,INC. / E w F`--G1�a6 z A P�PAI'I O3 INDICATES SHEET NHMRER - ii,Ia sN' -rE '- _ (fieO')R, ]] "s 14--2 ARENAS ROAD r PEA rA ARAP, BASIS OF BEARINGS: PER Nc IL ir_ ,°E DEARIN a RR,N5 5H°rLV IN BE STA,IPAN E GAILICIA. Liu 1.6 1:DRm LEmcAx ,To WPA"AT CRFP RU.A,,HA Pususun�m°x,n EAmcxY.x°'cA� m.s aTELLFaPR°"`°o"o' ` RI IF IATr a Cori smnEY ? n�RY r ClG GALA sHc :IG N5I•RSBs W aDRD]5 fPaLT, I I M STATEMENT. - _ AxID GROUND NAFTE=�`=o ROD DISNATTANCES PER RCN SHOUTED xHSPITE PLUNK INATI DISTANCES SUGAR HEREON ., <, ,'.:. IGI x55°25' le' - .; :. o.TRA:(E5 By A ULULATION FACTOR OF UPPLEN> [GN°x.° .I _AADU L MONUMENT NOTES: I \v\ '+ - - �'sLxeio - L - IRON RUE TAGGED LE 665;DD TRAT LATE A TAG Ls 6654 OR PAIL a TAG Ls 6654 AN f-0`/\+ I 1 USE a0wu P -µ�EO LS 6554 TO 61 GET AT µL PMGT IOU CASH MINEPON mE VO:UM NT I \ t eA'S _ - AORPPIpr.NO h4 ' SAD EVP.F�E i l xM uxlEii OMENw.SE x°,EO ]4 OE SEI rtV91 9'xI'L LI I p ^ AILED LS 1111°A HEAR.TRIO A TAG Ls 6954 OA FAIL G LAG L5 eeN°9 I -7 � WOOS AT M65 TOPPED U LE 6654 TD DE SET AT FUL�u°vURYORSA5 L RE'HE NDxm[W M SUNRFA["' NE4651104 PETER :L ,HE LDO + g" p ARTATTLS BET'I-1/2 AGREE PROUD oue STANL EY Lz 6654,PRIV TO 9L TYPE l'xmr]xEPn Z CONTROL Pm TH PONO-'I FAR BUTET FOR mms CAP. ————— —- UNLESSGBAE°n,A RATES ABCa NDOR RA WIDE 6E EET IL A wM z°RFUE I BY IN`TIEFL� • w Osn NFa:nrl I o Fo ser¢w DO REP• U - 0 UPDATES BRUTE TO HE SAT 8 -' DINALEs WOOD�mRHNENT As N re,x AD o ]."ACCEPTED III _ ru9'srvTE�"AGO EASEMENT NOTES I E w F- ` OO INUCATTO µ µ T 1VUP VFOR OSS INEYEAU ,F➢D EP"ESS AT EAGER u:R EUE0.6J:[T YaHIREs G - ¢ ^ PERSON,D THE DT.OF FAUN sPILNGs I p„ ¢ 0 3 -_ _ O „ i TES EASELFUNT HERB,. ce ©IND�icATES AN TOROIDAL DISPOSED RESIGN FOR PEDESTRIAN ACRES BYR N FIRE FINITE DOLLAR P PPESOES �'I L To 2 Q 2 O INDICATE AR DIFFERENT BEGGARED HEAEO,u TO ADIGE AND PAGE PNPOESS PAID �I O O;. n y y.RE B � .. BE EP"E,CH M N](DRAB RA"GE PRESS PER UPS SFIES SE UPP,SRSN 6T C mL GRAPHITE OF PALO T wRKA,ELECTR<N ROAD A,Ew,£INEp,rDµo o n<'wA :o e s IN FAVOR na°eomxlA =1> s.e _ LOT"D" a r ____— —__ _ COLD = ]SRI AS FIAT 19. R. h zR', -. II LA NEx,DFaI ununES AND we o uT L PUR a�s w DATA UP COURSER, ' O INDICATES PµEA LEMPAR R CHDFR]I.R LATER N I H E COS IN,PROHIBIT � 4 I O iFO SFUS AN FB TH TH EE T FOR LPROBES AND INLL APPEAL [oru0.wRPosS IN FAVOR OFCAALEDONIA I - N9e'S RSTA T ]' DeT 9lm - ————- ELECTRICOCTOBER rOEP CAUDALLY W UV AND iFuaxu W'ADO AS CULDRUENT NO RURALA RAiDALND CARLOS LLVPI I z v O I RECORDS NUEUEEAI'HE TERRIBLE VR RF AN ASDI Qi OF HARNIA RI P ADDI FOR LE PAR PR EVNG AN COAST ° KUEE0.3 IPCI,AS NL[nilnElx I:Au 9,.,AS PLAWS,AEI., V ER INTES v PHOTON IP DAD(ORANGE uµTryEZFEE HOOD Or x fifis I 5 zD' as' _ _ .11ARE1]x°Fe°[[0.DAGGEIRS P➢IPLAR HOLDS REDRAWN ],1925. D UE NOTES: 9 - mrs-n,Rnaulai'D'w¢ueVi esE FW. PR:vnTE smFn PunmsEs - D (SRI-AT'RAT S SECOND DATA PER x D 9/43z AD[°RECORDS LOT"B" PINI(Iroc,USES) IT 6 O - 6aas,E=6n9Rrz94e6 - - •,R nP ....,uvRs.'.aLs' J ry p < GRAPHIC SCALE INSURED AEG uuo GPP U wA O $ zU' zs' a EST 51 e/az�sC CR N AN-RA, 4 B Iv - IT PlAsnrz K m (Ix rc5r 1 11 _ _ _x[m Tan¢IxNTEfisicnox\ /II"°4 _ ALL, ersrz¢6s��No zsW mLIAll 6, J-sue hL c PLHc�s ,mm / - sxus Av6.x0 fiv IPI'll",I n9 s] GO Acc u cN III r FALL e.RUT°RD w, �_ °REr BARISTO ROAD AL¢PC,NNAS a(„ D RET (LIME sU a L,"°BRA AS D PER RS HIE PA1E,Oo°R ',Sh]'E,Dv4' _ _ _ t619rz _ CLINT PER RSAI,O/st ! TWIT PERACC ASO -- x6i'SS E]'w 54e IP ��' "'-- xa9'sN s[ ]ssfir Vss S�Ri T� - �� x69 sN49w "RED' Un5')n - BAF; IN THE CITY OF PALM SPRINGS,COUNTY OF RIVERSIDE,STATE OF CALIFORNIA SHEET 3 OF 4 SHEETS TRACT NO. 31887 BEING A SUBDIVISION OF LOTS 6 THROUGH 21 INCLUSIVE,IN BLOCK 7,LOTS 16 THROUGH 19,INCLUSIVE,IN BLOCK 16,TOGETHER WITH A PORTION OF CAHUILA ROAD(ORANGE AVENUE)OF THE MAP SHOWING RESURVEY OF TOWNSITE OF PALM SPRINGS,AS SHOWN BY A MAP ON FILE IN BOOK 9,PAGE 432 OF MAPS,SAN DIEGO COUNTY RECORDS. RORY S.WILLIAMS, LS 6654 DATE OF SURVEY:MARCH,2004 HUNSAKER AND ASSOCIATES IRVINE.INC. I SEE SHEET 2 FOR BASIS OF BEARINGS (I DATUM STATEMENT,MONUMENT NOTE$ '11'NIIII BOUNDARY SURVEY MAP,EASEMENT NOTES, GRAPHIC SCALE NOTES AND SHEET INDEX MAP. Iwseerl r'� mm- m NO p r I Mon B.. w91¢u N°x/ MSS PIN /°XA55 PPI pLP a PM'psl/Spi I fA`PLSiP N"SvSs-' I � I No fi fi' I I I I I I 1D LON MN TOO OfwIA D' N I 25' 25' I za LOT ALLCP,E PL elA6 N°X I I6146 J u 9'se ifi[ ' °J3 124M 995Y59b 1690' n99.9rmT Jn9' Q gn ¢O e z e 2 ——— '� 19• sd .. g V s —— — _ ? % kl LS,p. � 1z ,r `Y ;T A ]`W�fl` 2 o ¢O lLllTlI 8IS U ` - 27D ... -.nfiasanS a 161715In ]IA "A E r O ek g = o / J 12,49]6F e5z n "REMwr ^ / `; Dfun Dx VVV"' B I ry ry d�I SHfFr4 2 IIII NII-02 LATEF _ _ _ v,fivn sF I^ F. In op8:.i A en o ae B N. fiv6'— 'S 9•s-rs^9w m99'opD 1 rc I ry l!°9'SY59'W II°]) � 4Po L-9,3' e I169'S]'S°'W BI JI' i A IN _ (PPI SEE d95Z5 5F EASEMw AY ]9A]S DJAL SZ' 01lL2L9 63 S EEi' z ec, ^ RON RAO OIL. i 4ll - 'e` 1 L=141 DOR OF, oa 7.069 S.F. N - =b8 ry 5 n xo9'SY59'W Ie$9J' �sn "I" ON A I m ��fl•srss'w XI»' �AE �< SEA A ^ DETAIL DO E III ^ • o� 5 li l 2 n D' v 02 A' ESI 4EI 12 I2'0 e`PIx I Iz' j RES EASFHENT a ml o DETAIL nx •Nj a SHEET I- 29^ 9QB]d G ae Lb i 2,'411 SG N A (PRiwn VP°XC.[..._:''.. am•1e'Da'o-s°L+:rrt { xarsras'E ,°i°9s' E >' _ NBS'P,P_C Y X69'sT15'[ 96°9 _ _ �_ —7 M ..FA° lZ l6 `YaR.,` 4J 9J' 6 F Sua O+N3 4 5' W -ye SEE EA SfxENi I" a SHfEr A 20' 25' N o RP r 6 0' 20.011 6V ,G•R �6 3 ^- pCAIL 011 55' 11 '•g 41FEi 4 �^ a 10 d"' ,fin A A s _•W EAO"S rysA+e. xoff 0�pz o°9` is..o.O fTO A SDPIL.wxO� s S dS2 S ' i°o°°Hi°ip e9's>sp'w Eap \�ONE9HEEif4 A II _S !Y:' Ile9�5o59"W 14°p' J2155'' :r ^ n," N%02'10'f A2°' X NM'S95°'L 1G 94'•:; �' .-0 I]Z]I' 12410' Z)°J °\ ORION BARAIST0251 R0 R"Sow 1 x;n�xoµ',IP� sz -So 19"w N.1— ILIIIS PERMB 9/432 rD'11 NAIL no rroe iL�!i N iw! iP,fio s u III!'IS'i]'L 9ZA'\\ flCOMI'LLM.15`6 pgfl PflS 11e15z ZfiE°zC d9'SE'19'w 3 IN THE CITY OF PALM SPRINGS,COUNTY OF RIVERSIDE,STATE OF CALIFORNIA SHEET 4OF 4 SHEETS TRACT NO. 31887 BEING A SUBDIVISION OF LOTS S THROUGH 21 INCLUSIVE,IN BLOCK 7,LOTS 16 THROUGH 19,INCLUSIVE,IN BLOCK 18,TOGETHER WITH A PORTION OF CAHUILA ROAD(ORANGE AVENUE)OF THE MAP SHOWING RESURVEY OF TOWNSITE OF PALM SPRINGS,AS SHOWN BY A MAP ON FILE IN BOOK 9,PAGE 432 OF MAPS,SAN DIEGO COUNTY RECORDS. RORY a WILLIAMS, LS 5854 DATE OF SURVEY:MARCH,2DO4 SEE SHEET 2 FOR BASIS OF BEARINGS, HUNSAKER AND ASSOCIATES IRVINE,INC. DATUM STATEMENT,MONUMENT NOTES, BOUNDARY SURVEY MAP,EASEMENT NOTES, NOTES AND SHEET INDEX MAP. GRAPHIC SCALE wi 1'I�1 p( I. o IN FEET) n Z 1 Inch IL i n11 rB SEA'SF I ..- N09°SP2]"E 15656' �t u Part vMMvI/5a' 100'-�1'0.,Y,.=-100' \'6'SYS OIER)p o'^w/I5\'I .11 13 ........ ... 5,w 166.39` Ig42. I � N -1)II 30 MH 110 ES' 25' , 0 ED�" DETAIL o Imr I Q ED p wj LI Z ]0 + E'Lv LINE OF LOT 2 r '< E - ----� g z = �L R1W -1z]2o 7- -- -- _ J 6°SB'D0'EIh2.2o' 1500. xe9sanr Iso Sr I M)) IT 791 , e i r— H 0 .,I 16230' -.1.- 15730 Cie _ SEE EASEMENT lH y� 4 5 N99°57'45"E 3399' O DETNL A°°tE lllJJJ ':J^ Q a .o. ne 9.5Yoow a elI sp It 4L _- ..... e (PRNATE SPREE!) i z _ .... : :: — N69'))50.' al)l' I 91 I II NET IT M bo B. m I I I I I LU 41T . . LD SEEss' = I I Im D la I I 86 <a,eec BE ° EST I - E SEE EASEMENT h 5 ......I5f XeP9Pn9'w o[rAIL ADauE I 0 �g-y —so' o I Pd a FETAL HEREON DETAIL`_ '• :! / EST BY EDORAIIBN NIPS 19 BOIL-121B'-' ¢PI'[0_ I. N xe95Pa5'[141¶111 W E z'B' xaf SBmw Im» __n[F o \ N°Yx nih RAW PER',MEN 9/433 AUEp�fO ns a IS �x� FERRI"I/, BARISTO ROAD i U�oBm;„ PER RS IIB/6A 15])6[.Pi6' n[PL11 xnx0 xe RAISES 111 ':- m9z -�� Xe9 se n9w ma6 . - IN THE CITY OF PALM SPRINGS COUNTY OF RIVERSIDE,STATE OF CALIFORNIA SHEET 1 OF 4 SHEETS RFC.RD Fq'S I:ERPFlCAiF THIS FILED P TRACT NO. 31887 HIBDAT OF FILED M BEING A SUBDIVISION OF LOTS a THROUGH 21,INCLUSIVE,IN BLOCK T,LOTS 16 THROUGH 19,INCLUSIVE IN BLOCK 16.TOGETHER WITH A PORTION OF IN BOOK OF MAPS, CAHUILLA ROAD(ORANGE AVENUE)AS VACATED BY THE BOARD OF SUPERVISORS OF RIVERSIDE COUNTY,CALIFORNIA.BY ORDER A COPY OF WHICH WAS AT PAGES RECORDED MARCH V.1926,IN BOOK 066,PAGE 532 OF DEEDS,RIVERSIDE COUNTY RECORDS,TOGETHER WITH A PORTION OF LUGO ROAD,OF THE MAP AT THE REQUEST OF FEE CITY CLERK SHOWING RESURVEY OF TOWNSFFE OF PALM SPRINGS,AS SHOWN BY A MAP ON FILE IN BOOK R,PAGE 132 OF MAPS,SAN DIEGO COUNTY RECORDS. OF THE CITY OF PALM SPRINGS RORY S.WILLIAMS,LS.6654 DATE OF SURVEY: MARCH,2004 FEE 5 NO OWNER'S STATEMENT: HUNSAKER AND ASSOCIATES TRAINER,INC. GARY L OPEC, COUNTY ASSESSOR-CLERK-RECORDER IK HEREBY STATE THAT AS ARE THE HANDED OF THE LAND INCLUDED NIRIIN THE BY- DEPUTY spgmN31DN AHEAD HEfl eoN,THAT AS ARE THE ONLY PERSONS MASS CONSENT Is FOR CONDOMINIUM PURPOSES s°BDNISION GUARANTEED BY NECESSARY i0 PASS A CLEAR HELP TO SAID LAND, THAT V<CONSENT TO THE MAKING STEWARi TITLE OF CALIFORNIA,INC AND RECORDING OF THIS SUBOINSDN MAP AS AHEAD VOTED THE DISTNCTV BORDER L rvE. SURVEYOR'S STATEMENT: CITY ENGINEER'S STATEMENT AT HEREBY RETAIN LS$ A' UR-• C AND'�AS INDILAT AND-PRIVATE STREET FOR I HEREBY STALE AP I SI TE LICENSED LAND SURVEYOR OF THE STATE OF CALIFORNIA I SURVEY ME BENEFIT OF OURSELVES.0 SVC LESSOR S.ASSIGNEES O OMENS\YITHIN THIS AND THAT TRIM MAP CONK DURING OF FOUR(4)SHEETS CORRECTLY REPRESENTS A$VPVEY HEREBY STATE THAT HAVE EXAMINED ME ANNEXED MAP SUBSTANTIALLY TRACT E AME A CONSISPNC DF RE HEREBY MAP. FLAE ALL M U DITSBOO OARING IN LT ALLY 4 3THEi$ MAT ME SUBOIN SIGN_HOMY HEREON IS HEREOF THE SAME R IT APPEARED FLAT ALL BEGAN.O SWILL HEREON ACTUALLY EXIST AND HEIR POI MO ARE ON THE TEN MA c MAP AND ANY APPROVED ALTERATIONS THEREOF EFT ALL PROVISIONS OF THE INCLUDIRE HEREBY DEDICATE i0 PUBLIC USE ME EASEMENT FOR BURNS UTILITY PURPOSES AGREEMENT BEGAN.OR WILL BE IN ACCORDANCE V.11X FIRE TEP.A15 Or ME MONUMENT 3EBDINSION MAP ACT BE ANY LOCAL ORDINANCES AT APPLICABLE AT THAT TIAI OF APPROVAL IC ME EMERGENCY VEHICLES S A THE RIGHT OF ARM INGRESS AND EGRESS FOR SERVICE AND AGREEMENT FOR THE MAP_ CORRECT VE MAP XAVc BEEN COMPILER VfI M, THAT AA1 SATISFIED iHAi SAID MAP IS TEL4NICALLY EMERGENCY VEHICLES AND PERSONNEL O cR LOTS A','B"."L"AND'D'_ THE I.SURVIEY IS (VILE BE COMPLETE i0 ENABLE THE SURVEY TO BE RETRACED COq RECi EIS SURVEY IS EVE AND LOIIP LETe AS$HOINJ WE HEREBY FERTILE IN PEDESTRIAN AND ACCESS EAEEIIEFIT A STRIP OF LAND FIVE FEET IN WIDE PS SHOWN VAEIN LOTS 1 AND 2,FOR THE BENEFIT OF OURSELVES,OUR IANOS DAMP N BA RAgAN PATE ADDRESSEES,PSSIG PEES AND LOT PAPERS MEN THIS SE BOI VI90N MAP S�S LyIT2 Lq� CITY ENGINEER /q� DOE BE931 o HE fl EBY RESERVE ME DRAINAGE EASEMENTS AS DESIGNATED HER-ON FOR THE EMERY peg "(Sfl EXP 3/31/05 MAP VR ELVES.OLD SUCCESSORS,ASSIGNEES AND LOT PAPERS VOTHIN IRIS SUBDIVISION frF p/JNS qO RT S V.1LLIPM3 LA 54 DATE Jy NO fifi$A LICENSE EXPIRES 12/31/05 JOHN VTSSMAN, TRUSTEE OF THE WND SONG II TRUST DATED FEBRUARY 11, 200q �Of CW1°� CRY CLERKS STATEMENT: O ER TAX COLLECTORS CERTIFICATE: CITY PATRICIA PAW SPRINGS STATE of CA IFORNAHEREBY STATE iHAi SAID CITY COUNCIL OF ME ITS I HEREBY CERTIFY THAT ACCORDING TO ME RECORDS OF THIS OFFlCE AS OF THIS DATE, REGULAR IAEETNG HELD ON THE DAY OF ZELL COLT APPROVES THE BY MLUG MAP OF FINAL MAP NO MINH AND.11 ACCEPT LOTS"A','B', C AND'p'As AN GAME JOIN MAXIIAN THEME' NO AMENS AGAINST LOCAL PROPERTY H SPECIAL ON THE SSYNN MAP FOR TE PAID TAXES,COUNTY,TAXES MUNICIPAL OR LOCAL OR 9PELIAL ASS ES STUNTS COLLECTED A9 EASEMENT FOR PUBLIC AND EG PURPOSES.INCLUDING BOXERS VIITH ME RIGHT OF INGRESS AND THE AUTHORIZED AGENT AXES,EXCEPT TAXES OR SoECI PL ASSESSMENTS COLLECTED AS TAXES NOW P LIEN,0Vi EGRESS FOR SERNCE PND FM ERGEN CT VEHICLES AND PERSONNEL NOT YET PAYABLE,WHICH ARE ESTHATED TO BE S YIESSMAN HOLDINGS, LLC, q CALIFORNIA LIIAIiED LIABILITY COMPANY.UWNER. SU ALSO HEREBY ABANDON,MATTPURSUANT TO SECTORS(WCC VE AND PER CAP O"THE RESURVEY E POOL Y TAX ELLCOL OF MASON NI AP ACT MAT PORTION OF WGO ROAD(VINE AVENUE)PER AIAP SHOWING PESO R VEV COUNtt TAX COLLECTOR OF i011N SITE OF PAW SPRINGS,PER MAP FILED IN BOOK 9,PAGE 932 OFD MAPS,SAN DIE CO COUNTY HULA ROAD LYING VATHIN LOTS 6,J, N AND"A"OF THIS MAP,AND THAT RECORD OF BY BY CAN VELA ROAD(ORANGE ACCRUE)SH OIV.V ON SAID MAP LYING IW THIN LDis 1,]AND 9 OF THIS NAME ALE BY. MAP EXCEPT A9 SHOWY HEREON PlF LIRE DEPUTY GATED NOTARY ACKNOWLEDGMENT: STAFF OF CALIFORUA ) TAX BOND CERTIFICATE DATED A TY CLERK K EX—OFFOOTY OF ASLM weSOR OFCALIFORNIAECHY )55 EREBY CERTIFY THAT A BOND IN THE SUM OF F NAB BEEN EXECUTED AND FILED PATRICIA A SANDERS UNtt OF ) "LED EE BOAflO OF SUPERVISORS OF THE COUNTY OF RIVERSIDE CALIFORNIA [O NAI iIONE° BEFORE AIE A UPON ME PAYMENT OT ALL TAXES,STATE,CROCCO MUNICIPAL OR LOCAL,A.ALL SPECIAL NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED ASSESSMENTS COLLECTED AS TAXES,MACH AT M MI WI E THE OF FILING OF S MAP TH THE ANC PERSONALLY FRANC TO WE(OR PROVED TO ME COUNTY REL ORDER ARE A LIEN AGAINST SAID PROPERTY BUT NOT FIT PAYABLE AND SAID TH E E BASIS OF SATSFACTORT EVIDENCE)TO BE ME PERSON(9)AROSE NAME(S)IS/PRE BONG HAS BEEN DULY APPROVED BY ME SAID BOARD OF SUPERVISORS SIGNATURE OMISSIONS: AIL ESCRI BED TO THE AUTO INSTRUMENT AND ACKNDIYIEDGED TO ME THAT HE/SHE/HEY PURSUANT TO ME PROVISIONS OF SECTION 6693AR)O)(F)OF ME SUBDIPABDN MAP ACT,THE EXECUTED ME SAME IN HIS/HER/HEIR AUTHORISED CAPACITI(IES) AND THAT BY HIS/ DATED MCA SIGNATURES OF ME FOLLOINNG CARERS OF EASEMENTS AND OR OWED INTERESTS HAVE BEEN HERPES'WHCNR ME PER SOEN(5)O THE E INSTRUMENT MERE NSFRUN(C),OR ENTTY UPON BEHALF OMITTED,THEIR INTERESTS BEING SUCH MAT IT CANNOT RIPEN INTO A FEE BY CASH TAX BOND HARDY RESUME PAUL MCDDNNELL 4'giNESS MY HAND CLUB TO ME BOARD OF SUPERVISORS COUNTY TAX COLLECTOR CALIFORNIA ELECTRIC POWER COMPANY.A CORPORAL..,ADD CALIFORNIA TARTER AND IELEPUONE COMPANY,HOLDER OF EASEMENTS FOR BUFFER AND INCIDENTAL PURPOSES RECORDED MAY 19. NOTARY SIGNATURE A IT PRINCIPAL PLACE OF BUSINESS IS 19 1 AS INSTRUMENT NO 4299i,RECORDED JUNE 9,1961,AS INSTRUMENT NO 49397,AND NOTARY POLICE IN PND FOfl SA10 SipFE N COUNTY REAMPED OCMBER 6. 961,AS INSTRUMENT NO BOOST.ALL OF OFFICIAL RECORDS MY C..I.AGEN EXPIRES BY BY. (NAME PRINTED) DEPUTY DEPUTY CALIFORNIA ELECTRIC POWER COMPANY.A CORPORATION,HOLDER OF AN EASE IAEM FOR UTILITIES AND INCIDENTAL PURPOSES RECORDED NOVEMBER 3,1961,As INSTRUMENT ND 949B1 0'GLACIAL NOTARY ACKNOWLEDGMENT: RECORDS STAFF OF CALIFORNIA ) )AS COUNTY OF Du BEFORE ME, A NOTARY POSTS IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOM TO ME(OR PROVED TO ME ON ME BASIS OF SATISFACTORY EVIDENCE)TO RE THE PERSON(S)AROSE LAUDS)AFARE SUBSCRIBED TO THE WTHIN INSTRUMENT A"ACKNOWLEDGED TD ME THAT GE/SHE/THEY EXECE RD ME SAME IN HIS/n ER/THUV AUTHORIZED CPPACITYDES),AND MAT BY HIS/ HEREFNEIR SCHATURE(5)ON THE INSTRUMENT ME PERSD.(SA OR ENTITY UPON BEHALF OF MICH ME PERSONS) ACTED.EXECUTED ME CORMUCENT wESS MY HAND SIGNATURE My PRINCIPAL PUCE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY MY COMMISSION EXPIRES. (NAME PRINTED) SUBDIVISION IMPROVEMENT AGREEMENT by and between CITY OF PALM SPRINGS and BARISTO GROUP, LLC A CALIFORNIA LIMITED LIABILITY COMPANY TABLE OF CONTENTS 1.Construction Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1.1 Works of Improvement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1.2 Other Obligations Referenced in Conditions of Tentative Map Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.3 Intent of Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.4 Survey Monuments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.5 Performance of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.6 Changes in the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.7 Defective Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.8 No Warranty by City . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.9 Authority of the City Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.10 Documents Available at the Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.11 Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.12 Compliance with Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.13 Suspension of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.14 Final Acceptance of Works of Improvement . . . . . . . . . . . . . . . . . . . . . . . 3 2. Time for Performance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2.1 Commencement and Completion Dates . . . . . . . . . . . . . . . . . . . . . . . . . 4 2.2 Phasing Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2.3 Force Majeure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . 4 2.4 Continuous Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2.5 Reversion to Acreage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2.6 Time of the Essence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3. Labor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3.1 Labor Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3.2 Nondiscrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3.3 Licensed Contractors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3.4 Workers' Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4. Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4.1 Required Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4.2 Form of Security Instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4.3 Subdivider's Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4.4 Letters of Credit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4.5 Release of Security Instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 5. Cost of Construction and Provision of Inspection Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 5.1 Subdivider Responsible for All Related Costs of Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 i 5.2 Payment to City for Cost of Related Inspection and Engineering Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 6. Acceptance of Offers of Dedication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 7. Warranty of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 8. Default . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 8.1 Remedies Not Exclusive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 8.2 City Right to Perform Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 8.3 Attorney's Fees and Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 9. Indemnity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 10 General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 10.1 Successors and Assigns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 10.2 No Third Party Beneficiaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 10.3 Entire Agreement; Waivers and Amendments . . . . . . . . . . . . . . . . . . . . 10 11. Corporate Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ii SUBDIVISION IMPROVEMENT AGREEMENT THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is entered into this day of , 2004, by and between the CITY OF PALM SPRINGS, a municipal corporation of the State of California ("CITY"), and Baristo Group, LLC, a California Limited Liability Company ("Subdivider"). RECITALS A. Subdivider is the owner of, and has obtained approval of a subdivision map for Tract No. 31887 of the property, located in the City of Palm Springs, County of Riverside, State of California (the "Property"). The map contains conditions of approval for the development of the Property (the "Conditions"). B. Pursuant to the Conditions, Subdivider, by the Map, has offered dedication to the City of Palm Springs for public use for street and public utility purposes, Lots"E" and "F"; and dedication to public use, the easement for public utility purposes with the right of ingress and egress for service and emergency vehicles and personnel over Lots "A", "B", "C", and "D", and a five feet wide easement for public utility purposes over those portions of Lots 1, 2, 9 and "D"; and dedication to public use an easement for pedestrian access purposes over those portions of Lots 1, 2, and "D". C. Subdivider has delivered to City and City has approved plans and specifications and related documents for certain "Works of Improvement" (as hereinafter defined) which are required to be constructed and installed in order to accommodate the development of the Property. D. Subdivider's agreement to construct and install the Works of Improvement pursuant to this Agreement and its offer of dedication of the streets, easements and other improvements and facilities, as shown on the Map, are a material consideration to City in approving the final map for the Property and permitting development of the Property to proceed. COVENANTS Based upon the foregoing Recitals which are incorporated herein by reference and in consideration of City's approving the Map for the Property and permitting development of the Property to proceed, Subdivider agrees to timely perform all of its obligations as set forth herein. 1. Construction Obligations. 1.1 Works of Improvement. Subdivider agrees, at its sole cost and expense, to construct or install or cause to be constructed or installed the street, drainage, domestic water, sanitary sewer and other improvements (herein sometimes collectively referred to as the "Works of Improvement"), as the same may be supplemented and revised from time to time as set forth herein (said plans and specifications, together with all related documents, are referred to herein as the "Plans"). The estimated construction cost for the Works of Improvement is $650,000.00. 1 1.2 Other Obligations Referenced in Conditions of Tentative Map Approval. In addition to the foregoing, Subdivider shall satisfy all of the conditions of approval on the Tentative Map for the Property. The conditions of approval associated with the Tentative Map are included as Exhibit "A" attached hereto. 1.3 Intent of Plans. The intent of the Plans referenced in Section 1.1 is to prescribe a complete work of improvement which Subdivider shall perform or cause to be performed in a manner acceptable to the City Engineer (or his/her designee) and in full compliance with all codes and the terms of this Agreement. Subdivider shall complete a functional or operable improvement or facility, even though the Plans may not specifically call out all items of work required for the contractor to complete its tasks, incidental appurtenances, materials, and the like. If any omissions are made or information necessary to carry out the full intent and meaning of the Plans, Subdivider or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the Plans, reference shall be made to the City Engineer whose decision thereon shall be final. Subdivider recognizes that the Plans consist of general drawings. All authorized alterations affecting the requirements and information given on the Plans shall be in writing and approved by the City Engineer. The Plans shall be supplemented by such working or shop drawings as are necessary to adequately control the work. Without the City Engineer's prior written approval, no change shall be made by Subdivider or Subdivider's contractor to any plan, specification, or working or shop drawing after it has been stamped as approved. 1.4 Survey Monuments. Before final approval of street improvements, Subdivider will place survey monument(s) as shown on the Map in accordance with the provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City of Palm Springs. Subdivider shall provide security for such obligation as provided in Section 4.1(a)(iii) and, after setting the monument(s), Subdivider shall furnish the City Engineer of the City of Palm Springs written notice of the setting of said monument(s) and written proof of having paid the engineer or surveyor for the setting of said monument(s). 1.5 Performance of Work. Subdivider shall furnish or cause to be furnished all materials, labor, tools, equipment, utilities, transportation, and incidentals required to perform Subdivider's obligations under this Agreement. 1.6 Changes in the Work. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Paragraph 4, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer as determined necessary to accomplish the purposes of this Agreement and to protect the public health, safety, or welfare. The City Engineer shall notify Subdivider or Subdivider's contractor in writing (by Correction Notice) at the time a determination has been made to require changes in the work. No field changes performed or proposed by Subdivider or its contractor shall be binding on City unless approved in writing by the City Engineer. 1.7 Defective Work. Subdivider shall cause its contractor to repair, reconstruct, replace, or otherwise make acceptable any work found by the City Engineer to be defective. 2 1.8 No Warranty by City. The Plans for the Works of Improvement have been prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no representation or warranty, express or implied, to Subdivider or to any other person regarding the adequacy of the Plans or related documents. 1.9 Authority of the City Engineer. In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to decide all questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Subdivider and Subdivider's contractor. 1.10 Documents Available at the Site. Subdivider shall cause its contractor to keep a copy of all approved Plans at the job site and shall give access thereto to the City's inspectors and engineers at all times. 1.11 Inspection. Subdivider shall have an authorized representative on the job site at all times during which work is being done who has full authority to act for Subdivider, or its design engineer, and Subdivider's contractor(s) regarding the Works of Improvement. Subdivider shall cause its contractor to furnish the City with every reasonable facility for ascertaining whetheror not the Works of Improvement as performed are in accordance with the requirements and intent of this Agreement, including the Plans. If the City inspector requests it, the contractor at any time before acceptance of the Works of Improvement shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected. After examination, the contractor shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City shall not be considered as direct control of the individual workmen on the job site. City's inspector shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement. The inspection of the work by City shall not relieve Subdivider or the contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted. 1.12 Compliance With Law. In addition to the express provisions of this Agreement and the Plans, Subdivider shall cause construction of the Works of Improvement to be completed in accordance with all other applicable federal, state, and local laws, ordinances, rules and regulations. 1.13 Suspension of Work. City Engineer shall have authority to order suspension of the work for failure of the contractor to comply with law pursuant to Section 1.11. In case of suspension of work for any cause whatever, Subdivider and its contractor shall be responsible for all materials and shall store them properly if necessary and shall provide suitable drainage and erect temporary structures where necessary. 1.14 Final Acceptance of Works of Improvement. After Subdivider's contractor has completed all of the Works of Improvement, Subdivider shall then request a final inspection of the work. If items are found by the inspector to be incomplete or not in compliance with this Agreement or any of the requirements contained or referenced herein, City will inform the contractor of such items. After the contractor has completed these items, the procedure 3 shall then be the same as specified above for the contractor's initial request for final inspection. If items are found by City's inspector to be incomplete or not in compliance after two (2) "final" inspections, City may require the contractor, as a condition to performing further field inspections, to submit in writing a detailed statement of the work performed subsequent to the date of the previous inspection which was found to be incomplete or not in compliance at that time. No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by City is made. Final acceptance shall not constitute a waiver by City of defective work subsequently discovered. The date on which the Works of Improvement will be considered as complete shall be the date of the Notice of Acceptance. 2. Time for Performance. 2.1 Commencement and Completion Dates. Subject to Section 2.2 and 2.3 below, Subdivider shall (i) commence with construction and installation of the Works of Improvement thirty (30) days following City's approval of the Plans ("Commencement Date"); and (ii) complete or cause to be completed all of the Works of Improvement two 2 years after the Commencement Date. Extensions of time for completion of the Works of Improvement may be granted upon approval by the City Engineer or his designee. Extension of time may be granted upon mutual agreement of the City Engineer and Subdivider, either verbally or in writing, as required by the City Engineer or his designee. 2.2 Phasing Requirements. Notwithstanding the provisions of Section 2.1, City reserves the right to control and regulate the phasing of completion of specific Works of Improvement as required to comply with applicable City ordinances, regulations, and rules relating to the timely provision of public services and facilities. In addition to whatever other remedies City may have for Subdivider's failure to satisfy such phasing requirements, as the same now exist or may be amended from time to time. Subdivider acknowledges City's right to withhold the issuance of further building permits on the Property until such phasing requirements are satisfied. Prior to issuance of building permits, Subdivider shall provide satisfactory evidence that all applicable requirements that are a condition to issuance of building permits have been satisfied. Such requirements may include the payment of fees, construction of improvements, or both. Final inspections or issuance of Certificates of Occupancy may be withheld from the Subdivider by the City, if, upon a determination by the City Engineer or his designee, completion of specific Works of Improvements or other requirements associated with the development of the Property have not been completed to his satisfaction. 2.3 Force Majeure. Notwithstanding the provisions of Section 2.1, Subdivider's time for commencement and completion of the Works of Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikers, lockouts, acts or failures to act of a public agency (including City), required changes to the Scope of Work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than five (5) days prior to City's receipt of a written notice from 4 Subdivider or its Contractor detailing the grounds for Subdivider's claim to a right to extend its time for performance hereunder. City Engineer shall evaluate all claims to Force Majeure and his decision shall be final. 2.4 Continuous Work. After commencement of construction of the Works of Improvement(or separate portion thereof), Subdivider shall cause such workto be diligently pursued to completion, and shall not abandon the work for a consecutive period or more than thirty (30) days, events of Force Majeure excepted. 2.5 Reversion to Acreage. In addition to whatever other rights City may have due to Subdivider's failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Sections 66499.11-66499.20-3/4. In this regard, Subdivider agrees that if the Works of Improvement have not been completed on or before the later of two (2) years from the date of this Agreement or within the time allowed herein, whichever is the later, and if City thereafter initiates proceedings to revert the Property to acreage, pursuant to Government Code Section 66499.16 Subdivider hereby consents to reversion and agrees that any improvements made by or on behalf of Subdivider shall not be considered in determining City's authority to revert the Property to acreage. 2.6 Time of the Essence. Time is of the essence of Subdivider's performance of all of its obligations under this Agreement, 3. Labor. 3.1 Labor Standards. Subdivider shall be responsible for causing all contractors and subcontractors performing any of the Works of Improvement to comply with all applicable federal and state labor standards, including to the extent applicable the prevailing wage requirements promulgated by the Director of Industrial Relations of the State of California Department of Labor. 3.2 Nondiscrimination. Subdivider agrees that no contractor or subcontractor performing any of the Works of Improvement shall discriminate against any employee or prospective employee with respect to such work in hiring, promotion, seniority, or any other terms and conditions of employment on the grounds of race, creed, color, national origin, ancestry, religion, sex, or marital status. 3.3 Licensed Contractors. Subdivider shall cause all of the Works of Improvement to be constructed by contractors and subcontractors with valid California Contractors' licenses for the type of work being performed. 3.4 Worker's Compensation. Subdivider shall cause every contractor and subcontractor performing any of the Works of Improvement to carry Workers'Compensation Insurance as required by the Labor Code of the State of California and shall cause each such contractor and subcontractor to submit to City a Certificate of Insurance verifying such coverage prior to such contractor or subcontractor entering onto the job site. 5 4.' Securit . 4.1 Required Security. (a) At the time Subdivider executes this Agreement, Subdivider shall furnish to City the following bonds, letters of credit, instruments of credit (assignment of deposit account) or other security acceptable to City in its sole and absolute discretion and satisfying the requirements of the applicable provisions of this Section 4 below (hereinafter "Security Instruments"): (i) A Security Instrument securing Subdivider's faithful performance of all of the Works of Improvement ("Faithful Performance Security Instrument"), in the amount of $650,000.00 equal to 100% of the estimated construction cost referenced in Section 1.1. (ii) A Security Instrument guaranteeing the payment to contractors, subcontractors, and other persons furnishing labor, materials, and/or equipment ("Labor and Materials Security Instrument") with respect to the Works of Improvement in an amount equal to $325,000.00 equal to 50% of the estimated construction cost referenced in Section 1.1. (iii) A Security Instrument guaranteeing the payment of the cost of setting monuments as required in Section 1.4 in the amount of $ 6,250.00 equal to 100% of the cost thereof. This Agreement shall not be effective for any purpose until such Security Instruments are supplied to and approved by City in accordance herewith. (b) Required Security Instrument for Maintenance and Warranty. Prior to the City Council's acceptance of the Works of Improvement and recordation of a Notice of Completion, Subdivider shall deliver a Security Instrument warranting the work accepted for a period of one (1) year following said acceptance ("Maintenance and Warranty Security Instrument"), in the amount of$97,500.00 equal to 15% of the estimated construction cost set forth in Section 1.1 or a suitable amount determined by the City Engineer. 4.2 Form of Security Instruments. All Security Instruments shall be in the amounts required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following minimum requirements and otherwise shall be in a form provided by City or otherwise approved by the City Attorney: (a) Bonds. For Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California. Any insurance company acting as surety shall have a minimum rating of A-IX, as rated by the current edition of Best's Key Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858. Any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard & Poor's. (b) Letters of Credit. For Security Instruments which are letters of credit, any letter of credit shall be an original separate unconditional, Irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the City Engineer of the City that Subdivider is in 6 default under its payment or performance obligations hereunder or in the event Subdivider fails to deliver a replacement letter of credit not less than thirty(30) days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 4.4. (c) Instrument of Credit. For Security Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to City all of Subdivider's interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. (d) General Requirements for all Security Instruments. (i) Payments under any Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the City of Palm Springs, State of California (and the Security Instrument shall so provide). (ii) Each Security Instrument shall have a minimum term of one (1) year after the deadline for Subdivider's completing the Works of Improvement, in accordance with Section 2.1 (other than Instruments of Credit, which shall have no defined term or expiration date). (III) Each Security Instrument shall provide that changes maybe made in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and without affecting the obligations under such Security Instrument. 4.3 Subdivider's Liability. While no action of Subdivider shall be required in order for City to realize on its security under any Security Instrument, Subdivider agrees to cooperate with City to facilitate City's realization under any Security Instrument, and to take no action to prevent City from such realization of any Security Instrument. Notwithstanding the giving of any Security Instrument or the subsequent expiration of any Security Instrument or any failure by any surety or financial institution to perform its obligations with respect thereto, Subdivider shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10)days afterwritten demand therefor, deliverto City such substitute security as City shall require satisfying the requirements in this Section 4. 4.4 Letters of Credit. (a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit (expiring in not less than one (1) year, unless City agrees to a lesser term in City's sole and absolute discretion) is not delivered not less than thirty(30) days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit delivered hereunder, issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit. (b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Subdivider. If the City elects to hold the funds 7 in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as provided in the foregoing. Subdivider agrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City's security interest in such account. 4.5 Release of Security Instruments. (a) City shall release the Faithful Performance Security Instrument and Labor and Materials Security Instrument when all of the following have occurred: (i) Subdivider has made written request for release and provided evidence of satisfaction of all other requirements in this Section 4.5; (ii) the Works of Improvement have been accepted; (iii)Subdividerhas delivered the Maintenance and Warranty Security Instrument;and (iv) subject to the following sentences after passage of the time within which lien claims are required to be made pursuant to Article 3 (commencing with Section 3114) of Chapter 2 of Title 15 of Part IV of Division 3 of the California Civil Code. If lien claims have been timely filed, City shall hold the Labor and Materials Security Instrument until such claims have been resolved, Subdivider has provided a statutory bond, or otherwise as required by applicable law. (b) City shall release the Maintenance and Warranty Security Instrument upon Subdivider's written request upon the expiration of the warranty period, provided no claims are outstanding at that time regarding defective work. 5. Cost of Construction and Provision of Inspection Service, 5.1 Subdivider Responsible for All Costs of Construction. Subdivider shall be responsible for payment of all costs incurred for construction and installation of the Works of Improvement. In the event Subdivider is entitled to reimbursement from City for any of the Works of Improvement, such reimbursement shall be subject to a separate Reimbursement Agreement to be entered into between Subdivider and City prior to construction of the works. 5.2 Payment to City for Cost of Related Inspection and Engineering Services. Subdivider shall compensate City for all of City's costs reasonably incurred in having its authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Subdivider shall compensate City for all design, plan check, evaluating any proposed or agreed-upon changes in the work. The procedures for deposit and payment of such fees shall be as established by the City Council. In no event shall Subdivider be entitled to additional inspections or a final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections, 6. Acceptance of Offers of Dedication. The City Council shall pass as appropriate resolution or resolutions accepting all offers of dedication shown on the Map for the 8 Property, with acceptance to become effective upon completion and acceptance by City of the Works of Improvement. Such resolution(s) shall authorize the City Clerk to execute the Certificate made a part of the Map regarding said acceptance of the offer of dedication. 7. Warranty of Work. Subdivider shall guarantee all Works of Improvement against defective materials and workmanship for a period of one (1) year from the date of final acceptance. If any of the Works of Improvement should fail or prove defective within said one(1)year period due to any reason other than improper maintenance, or if any settlement of fill or backfill occurs, or should any portion of the Works of Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen (15) days after written notice of such defects, or within such shorter time as may reasonably be determined by the City in the event of emergency, shall commence to repair or replace the same together with any other work which may be damaged or displaced in so doing. Should Subdivider fail to remedy defective material and/or workmanship or make replacements or repairs within the period of time set forth above, City may make such repairs and replacements and the actual cost of the required labor and materials shall be chargeable to and payable by Subdivider. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law. 8. Default. 8.1 Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, such remedy shall be in addition to, and not exclusive of, City's right to pursue any other administrative, legal, or equitable remedy to which it may by entitled. 8.2 City Right to Perform Work. In addition to whatever other rights or remedies it may have for Subdivider's default hereunder, in the event Subdivider shall fail to timely perform any work required to be performed under this Agreement and such failure shall continue for a period of twenty (20) days after receipt of written notice of default from City, or thereafter Subdivider shall fail to diligently and continuously pursue the cure of any such default to completion, City shall have the right to enter into the Property and perform any of the uncompleted work by force account or contract or both and thereupon recover from Subdivider or any Security Instrument, or both,the full cost and expense thereby incurred by City. 8.3 Attorney's Fees and Costs. In the event that Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney's fees. In the event of any dispute arising out of Subdivider's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney's fees and costs. Such attorney's fees and cost shall include fees and costs on any appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment. 9 9. Indemnity. Subdivider agrees to indemnify, defend, and hold harmless City and City's officers, employees, and agents from and against any and all claims, liabilities, losses, damages, causes of action, and obligations arising out of Subdivider's failure to perform the construction and installation of the Works of Improvement in accordance with the requirements contained or referenced in this Agreement. Said indemnity obligation shall apply to personal injury, death, property damage, economic loss, and any other monetary damage or penalty to which City may be subjected, including without limitation, attorney's fees and costs and the costs of realizing on any Security Instrument provided by Subdivider pursuant to the terms hereof. Such indemnity obligation shall not extend to any loss resulting from City's sole negligence or wilful misconduct. 10. General Provisions. 10.1 Successors and Assions. This Agreement shall be binding upon all successors and assigns to Subdivider's right, title, and interest in and to the Property and any portion thereof. 10.2 No Third Party Beneficiaries. This Agreement is intended to benefit only the parties hereto and their respective successors and assigns. Neither City nor Subdivider intend to create any third party beneficiary rights in this Agreement in any contractor, subcontractor, member of the general public, or other person or entity. 10.3 Entire Agreement: Waivers and Amendments. This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to all or part of the subject matter hereof, except as may be expressly provided herein. All waivers of the provisions of this Agreement must be in writing and signed by an authorized representative of the party to be charged, and all amendments hereto must be in writing and signed by the appropriate representatives of both parties. 11. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant the (1) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into of this Agreement does not violate any provisions of any other Agreement to which said party is bound. (Signatures on Next Page) 10 IN WITNESS WHEREOF, the parties hereto have executed this Subdivision Improvement Agreement as of the date first above written. ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By Patricia A. Sanders, City Clerk David Ready, City Manager RECOMMENDED BY: City Engineer SUBDIVIDER: Baristo Group, LLC, a California Limited Liability Company (Check One: _individual, _partnership, _ corporation) By: By: Signature Stature By: John Wessman, Manager By: _ Mario Gonzalez, Manager Name and Title Name and Title Mailing Address: 68-936 Adelina Rd. Cathedral City, CA 92234 11 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 1 ( State of D County of On �� `� before me, /�✓ � � � � Date -�� Nam and Title of Officer(e.g,'Ja oe otary Puldllc") perso ally appeared (�,�T�'/� ��2� , �Narl of ner(s) personally known to me—OR—❑proved to me on the basis of satisfactory evidence to be the person('} whose name( isl&ti'e subscribed to the within instrument and acknowledged to me that hels�executed the same in hislh`ot�rr-authorized capacityl and that by �+- MART his( tr signature(e,on the instrument the personal, PAARTHA R. HlfdCalNS or the entity upon behalf of which the person( acted, ;° �:tr COMM.#12A560.2 executed the instrument. VJ� {�,��`- ,e,Piafary PubriceCalifornia co gIVERSIDE COUNTY =x ✓hiyComm.Exp.00D.27,2gpq WITNESS my hand and official seal Signature of Notary Publ OPTIONAL Though the information below is not required by few,it may prove valuable to persons refyng on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Thie(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: 01995 National Notary Association•B236 Remmet Ave,PO Box 7184•Canoga Park,CA 91309-7184 Prod.No.8607 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of ��✓7i J2 Fc� County of r On ` �C? before me, bate _ter Name and Title o1 Moor(e.g.," n oe,Notary Public") personally appeared Zzi,"a Name(s)of Signers) personally known to me-OR-❑proved to me on the basis of satisfactory evidence to be the person whose names}is/W4subscribed to the within instrument and acknowledged to me that he/s>� executed the same in his/bxA44Z�-authorized capacity(tte6f,_and that by T, MARTHA R. HIGGINS his/her signature(;4 on the instrument the person(§); ,. .•. ., or the entity upon behalf of which the ;. i.y}>� col M.i�12s5s4z Y p Person(93 acted, �,', ;•.;yy; ?ifCeary Public-califomta cn executed the instrument. q .'r,,v,;,Fri RIV FSIDECOUNTY =` } a =J,vjy-domn,.Exp.Dec.27,2004 WITNESS my hand and official seal. Signature of Not P to OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other; Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: 01996 National Notary Association•8236 Remmet Ave,PC Box 7164•Canoga Park,CA 91309-7184 v Prod.No.5907 Reorder Call Toll-Free 1-800-876-6827 EXHIBIT "A" TENTATIVE TRACT MAP 31887 CONDITIONS OF APPROVAL ,t EXHIBIT A CASE 5.0977-PD-288 PRELIMINARY PLANNED DEVELOPMENT DISTRICT (PD,, 8$3'I' TENTATIVE TRACT MAP 31887 284 CAHUILLA ROAD JOHN WESSMAN CONDITIONS,OF APPROVAL December 17, 2003 Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning, the Chief of Police, the Fire Chief or their designee, depending on which department recommended,the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. PLANNING Administrative: 1a. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 1 b. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers; and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.0977-PD 288 and TTM 31887. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. 2. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements, including and without limitation sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition,`free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. 3. The appeal period for an Architectural Approval and Tentative Tract Map application is 15 calendar days form the date of project approval. Permits will not be issued until the appeal period has concluded. 4. The applicant prior to issuance of building permits shall submit a draft declaration of covenants, conditions and restrictions ("CC&R's") to the Director of Planning and Building for approval in a form to be approved by the City Attorney, to be recorded prior to certificate of occupancy. The CC&R's shall be enforceable by the City, shall not be amended without City approval, shall require maintenance of all property in a good condition and in accordance with all ordinances. The applicant shall submit to the City of Palm Springs, a deposit in the amount of$2000, for the review of the CC&R's by the City Attorney. A $250 filing fee shall also be paid to the City Planning Department for administrative review purposes. 5. Pursuant to Park Fee Ordinance No. 1632 and in accordance with Government Code Section 66477 (Quimby Act), all residential development shall be required to contribute to mitigate park and recreation impacts such that, prior to issuance of residential building permits, a parkland fee or dedication shall be made. The parkland mitigation fee amount shall be based upon the cost to acquire and fully improve parkland. Final Design: 6. If, within two (2) years after the date of approval by the City Council of the preliminary development plan, the final development plan, as indicated in Section 94.03.00(1), has not been approved by the Planning Commission, the procedures and actions which have taken place up to that time shall be null and void and the Planned Development District and Tentative Tract Map shall expire. Extensions of time may be allowed for good cause. The final development plans shall be submitted in accordance with Section 94.03.00 of the Zoning Ordinance.. Final construction plans shall include site plans, building elevations, floor plans, roof plans, fence and wall plans, entry plans, landscape plans, irrigation plans, exterior lighting plans, sign program, site cross sections, property development standards, street improvement plans and other such documents as required by the Planning Commission. Final construction plans shall be submitted within two years of the Planning Commission approval. 7. An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00, Outdoor Lighting Standards, shall be submitted for review and approval by the Director of Planning & Zoning prior to the issuance of building permits. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be submitted for approval prior to issuance of a building permit. If lights are proposed to be mounted on buildings, down- lights shall be utilized. a. If lights are proposed to be mounted on buildings, down-lights shall be utilized. � r b. A photometric study shall be required for all parking areas, driveways and entries. C. Illumination levels in the parking area shall be an average of one-foot candle with a ratio of average light to minimum light of four to one (4:1). d. Bay parking shall have decorative bollard or alternative light fixtures. 8. Elevations for all sides of the carport structure and second story rooftop dining area roof shall be submitted to the Department of Planning and Zoning for review by the City of Palm Springs Design Review Committee to be included in Final Planned Development District approval. Architecture and Landscaping: 9. Separate architectural approval and permits shall be required for all signs. 10. The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance. The applicant shall submit an application for Final Landscape Document Package to the Director of Planning and Zoning for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. 11. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Engineering specifications. 12. No exterior down spouts shall be permitted on any fagade on the proposed building(s) which are visible from adjacent streets or residential land commercial areas. 13. The design, height, texture and color of fences and walls shall be submitted for review and approval prior to issuance of building permits. 14. The street address numbering/lettering shall not exceed eight inches in height. 15. Details of pool fencing (materials and color) and equipment area shall be submitted with final landscape plan. 16. All landscaping shall be completed before the issuance of a certificate of occupancy. 17. Shading requirements for parking lot areas as set forth in Section 93.06.00 of the Zoning Ordinance shall be met. Details to be provided with final landscape plan. 18. The ground floor level bathroom proposed for Bungalow 2 shall require wheelchair accessibility per Multi-family Disabled Access Regulations California Title 24— 1109A.2.1. 19. Minimum yard setbacks for the project shall be required as follows: Front: 12' on Lugo Road 12' on Baristo Road 38'on Cahuilla Road Side and Rear: 10'to adjacent single story development 20. Distance between buildings shall be a minimum of 10% 21. Height of triplex units shall not exceed 34'. Height of duplex unit shall not exceed 20'. Height of roof above second level outdoor dining area shall not exceed 22'. General: 22. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. CC&R's shall prohibit storage within and modification to outdoor balconies. 23. Prior to the issuance of a building permit, the applicant shall pay developer fees to the Palm Springs Unified School District pursuant to the requirements established in S1350. The amount of fees paid will be determined based on the established state formula for determining construction costs. General/Grading: 24. Prior to the issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal Code for specific requirements. 25. The grading plan shall show the disposition of all cut and fill materials. Limits of site disturbance shall be shown and all disturbed areas shall be fully restored or landscaped. 26. Drainage swales shall be provided adjacent to all curbs and sidewalks — 3' wide and 6" deep. The irrigation system shall be tested prior to final approval of the project. Section 14.24.020 of the Municipal Code prohibits nuisance water from entering the public streets, roadways or gutters. General/Waste Disposal: 27, The applicant shall submit plans meeting City standards for a proposed trash enclosure or a letter from the municipal waste disposal service indicating that individual unit pickup for waste disposal is acceptable shall be submitted to the Department of Planning and Zoning prior to the issuance of a building permit. Parking: 28. Four handicapped accessible parking shall .be provided adjacent to the recreation area. Of those four, one shall be van accessible. Handicapped accessibility shall be indicated on the site plan to include the location of handicapped parking spaces and the path of travel to the entry ways. 29. Standard parking spaces shall be 17 feet deep by 9 feet wide. Handicap parking spaces shall be 18 feet deep by 9 feet wide plus a 5 foot walkway at the right side of the parking space; two handicap spaces can share a common walkway. One handicap space shall be designated as "van accessible" and served by an 8 foot walkway on the right side. 1 � b 30. Handicapped spaces shall by appropriately marked per Section 93.06.00 ( C)(10), 31. Curbs shall be installed at a minimum of five (5) feet from face of walls, fences, buildings, or other structures. Areas that are not part of the maneuvering area shall have curbs placed at a minimum of two (2) feet from the face of walls, fences or buildings adjoining driveways. 32. Parking stalls shall be delineated with a 4 by 6 inch double stripe or equivalent design — hairpin or elongated "U" design. Individual wheel stops shall be prohibited; a continuous 6" barrier curb shall provide wheel stops. 33. Prior to the issuance of building permits, locations of all telephone and electrical boxes must be indicated on the building plans and must be completely screened and located in the interior of the building. Electrical transformers must be located toward the interior of the project maintaining a sufficient distance from the frontage(s) of the project. Said transformer(s) must be adequately and decoratively screened. 34. Pedestrian walkways provided two feet back from face of curb in front of the bay parking adjacent to the 284 Cahuilla Road property shall be constructed of decorative pavers to match interior drive aisles. 35. A one and one-half (1 '/) foot wide landscape median shall separate the pedestrian walkway that is located two (2) feet back from face of curb. Only low ground-cover plant materials shall be required in this median. 36. A public access easement shall be dedicated to provide for public access to the pedestrian walkway provided in front of the bay parking adjacent to the 284 Cahuilla Road property where the sidewalk leaves the public right-of-way. 37. Bay parking adjacent to 284 Cahuilla Road property shall be constructed of decorative/colored paving. Miscellaneous: 38. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1.2% for commercial projects or %% for residential projects with the first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be based on the project site, said location shall be reviewed and approved by the Director of Planning and Zoning and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. 39. Prior to any ground disturbing activity, including clearing and grubbing, installation of utilities, and/or any construction related excavation, an Archaeologist qualified according to the Secretary of Interior's Standards and Guidelines, shall be employed to survey the area for the presence of cultural resources identifiable on the ground surface. I 40. Given that portions of the project area are within an alluvial formation, the possibility of buried resources is increased. A Native American Monitor shall be present during all ground-disturbing activities and that, should buried deposits be encountered, that the Monitor have the authority to halt destructive construction and that the Monitor notify a Qualified Archaeologist to investigate and, if necessary, prepare a mitigation plan for submission to the State Historic Preservation Officer and the Agua Caliente Band of Cahuilla Indians. 41, One copy of any cultural resource documentation generated in connection with this project, including reports of investigations, record search results and site records/updates shall be forwarded to the Tribal Planning, Building and Engineering Department. 42. All mitigation measures as proposed by the Environmental Assessment Negative Declaration for Case 5.0977 PD—288 shall apply and are hereby adopted as conditions of approval. Monitoring shall occur during review of final plans, construction and operation of the project. POLICE DEPARTMENT 1. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT 1. Prior to any construction on—site, all appropriate permits must be secured. FIRE 1. Residential Smoke Detector Installation: Provide Residential Smoke Detectors. Detectors shall receive their primary power from the building wiring, and shall be equipped with a battery backup. (310.9.1.3 CBC) In new construction, detectors shall be arranged so that operation of any smoke detector causes the alarm in all smoke detectors within the swelling to sound. (2-2.2.1 NFPA 72) 2. Approved numbers or addresses shall be provided for all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. (901.4.4 CFC) 3. Fire Flow: The estimated fire flow for this project is 1500 gallons per minute. ENGINEERING The Engineering Division recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances. Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. i I STREETS 1. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 2. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Division. The plans shall be approved by the City Engineer prior to issuance of any grading or building permits. 3. Abandonment of existing public rights-of-way are required to facilitate the proposed development application. Abandonment of the westerly 5 feet of the public right-of-way for Cahuilla Road and the easterly 16 feet of Lugo Road is proposed. The developer shall be responsible for coordinating approval of the abandonment of the public rights-of- way with all public utility agencies. Developer shall coordinate final relocation, adjustment or abandonment of all utilities with the respective utility agencies; and shall coordinate demolition of all existing improvements, reconstruction of affected intersecting streets, as appropriate, with the Engineering Division. CAHUILLA ROAD 4. Dedicate an easement for sidewalk purposes 8 feet wide along the back of the proposed bay parking connecting to public right-of-way, as required by the City Engineer. 5. Remove the existing driveway approaches and close with new roll curb and gutter and sidewalk in accordance with applicable City Standards (as required). 6. Remove the existing curb, gutter and sidewalk(where existing) and construct a roll curb and gutter as approved by the City Engineer, with the back of the roll curb located 20 feet west of centerline, along the entire frontage excluding those portions required to transition to existing and/or proposed curb and gutter. 7. Remove existing curb return, spandrel and cross-gutter and construct a 25 feet radius curb return, spandrel and cross-gutter at the northwest corner of the intersection of Cahuilla Road and Baristo Road in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 8. Construct a 24 feet wide driveway approach (Main Entry) in accordance with City of Palm Springs Standard Drawing No. 205. The driveway approach shall use standard curb and gutter and transition to roll curb and gutter located onsite and on Cahuilla Road. The centerline of the driveway approach shall be located approximately 285 feet north of the centerline of Baristo Road, as shown on the approved site plan. 9. Construct an 5 feet wide sidewalket back from face of curb behind the proposed bay parking in accordance with Ci alm Springs Standard Drawing No. 210. Connections shall be made to existing or proposed sidewalk adjacent to the curb along Cahuilla Road, as required by the City Engineer. 10. Construct a Type A curb ramp meeting current California State Accessibility standards at the northwest corner of the intersection of Cahuilla Road and Baristo Road in } vJ accordance th City of Palm Springs Standard Drawing No. 212. 11. Constr pedestrian curb ramp along either side of the Main Entry in line with the require 8 at wide sidewalk, as required to provide disabled access along the public pedestri alkway. 12. Construct a minimum pavement section of 2% inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed roll curb and gutter to centerline along the entire Cahuilla Road frontage in accordance with City of Palm Springs Standard Drawing No. 110. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the.project site and submitted to the City Engineer for approval. BARISTO ROAD 13. Remove the existing sidewalk (where existing) and construct a 5 feet wide sidewalk adjacent to curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 14. All broken or off grade street improvements shall be repaired or replaced. LUGO ROAD 15. Remove the existing driveway approaches and close with new curb, gutter and sidewalk in accordance with applicable City Standards. 16. Construct a 6 inch curb and gutter 9 feet east of centerline along the entire frontage (where not currently existing) and connecting with existing improvements adjacent to the property in accordance with City of Palm Springs Standard Drawing No. 200. 17. Remove the existing curb return, spandrel and cross-gutter and construct a 25 feet radius curb return, spandrel and cross-gutter at the northeast corner of the intersection of Lugo Road and Baristo Road in accordance with City of Palm Springs Standard Drawing No. 200 and 206, 18. Construct a 24 feet wide driveway approach (Main Entry) in accordance with City of .Palm Springs Standard Drawing No. 205. The driveway approach shall use standard curb and gutter and transition to roll curb and gutter located onsite. The centerline of the driveway approach shall be located approximately 285 feet north of the centerline of Baristo Road, as shown on the approved site plan. 19. Construct a 5 feet wide sidewalk along the entire frontage (where not currently existing) and connecting with existing improvements adjacent to the property in accordance with City of Palm Springs Standard Drawing No. 210. 20. Construct a Type A curb ramp meeting current California State Accessibility standards at the northeast corker of the intersection of Lugo Road and Baristo Road in accordance with City of Palm Springs Standard Drawing No. 212, J l 21, Construct Type C curb ramps along either side of the Main Entry in line with the required 5 feet wide sidewalk, in accordance with City of Palm Springs Standard Drawing No. 214. 22. Construct a minimum pavement section of 2% inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to centerline along the entire frontage (where required) in accordance with City of Palm Springs Standard Drawing No. 110. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. 23. All broken or off grade street improvements shall be repaired or replaced. SANITARY SEWER 24. All sanitary facilities shall be connected to the public sewer system. Laterals shall not be connected at manholes. 25. Construct an on-site (private) sewer system to collect and convey sewage through a maximum of one lateral connection each to the existing sewer mains located in Lugo Road and Baristo Road. 26. All on-site sewer systems shall be privately maintained by a Home Owners Association (HOA). Provisions for maintenance of the on-site sewer system acceptable to the City Engineer shall be included in the Codes, Covenants, and Restrictions (CC&R's) required for this project. GRADING 27, Submit a Precise Grading Plan prepared by a California registered Civil Engineer or qualified Architect to the Engineering Division for review and approval. A PM 10 (dust control) Plan shall be submitted to and approved by the Building Department prior to approval of the Precise Grading plan. The Precise Grading Plan shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum grading plan submittal includes the following: A. Copy of signed Conditions of Approval from Planning Department. B. Copy of Site Plan stamped approved and signed by the Planning Department. C. Copy of current Title Report D. Copy of Soils Report 28. Drainage swales 3 feet wide and 6 inches deep shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or a y gutters. 29. A National Pollutant Discharge Elimination System (NPDES) stormwater permit, issued from the California Regional Water Quality Control Board (Phone No. 760-346-7491) is required for the proposed development. A copy of the executed permit shall be provided to the City Engineer prior to approval of a Grading Plan. 30. In accordance with City of Palm Springs Municipal Code, Section 8,50.025 (c), a cash bond of two thousand dollars ($2,000.00) per acre shall be posted with the City for mitigation measures of erosion/blowsand relating to his property and development. 31, A soils report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed development. A copy of the soils report shall be submitted to the Building Department and to the Engineering Division prior to approval of the Grading Plan. 32. Contact the Building Department to get information regarding the preparation of the PM10 (dust control) plan requirements. 33. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan. The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776- 8208). DRAINAGE 34. The developer may conduct stormwater runoff off-site to Baristo Road, an existing master-planned storm drain channel. Provisions for the interception of nuisance water from entering Baristo Road from the project site shall be provided through the use of a minor storm drain system that collects and conveys nuisance water to landscape or parkway areas adjacent to Baristo Road, and in only a stormwater runoff condition, pass runoff directly to the street through parkway or under sidewalk drains. 35. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $9,212.00 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. Credit for previous drainage fees paid (if any) may be allowed upon evidence of prior payment to the City. ON-SITE 36. Construct 22, 24 and 26 feet wide private streets as shown on the Tentative Tract Map dated November 13, 2003, between concrete roll curbs with a minimum pavement section of 2% inch asphalt concrete,pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. As an alternative, a pavement section consisting of interlocking pavers overlaid atop compacted subgrade may be allowed, consistent with manufacturer's.recommendations for installation of interlocking pavers used in street construction. 37, Parking shall be prohibited along all private streets. GENERAL 39. Any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. 39. All proposed utility lines shall be installed underground. 40. All existing utilities shall be shown on the grading/street plans. The existing and proposed service laterals shall be shown from the main line to the property line. 41. The original improvement plans prepared for the proposed development and approved by the City Engineer shall be documented with record drawing "as-built" information and returned to the Engineering Division prior to issuance of a certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. 42. In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal Code, all existing and proposed electrical lines of thirty-five thousand volts or less and overhead service drop conductors, and all gas, telephone, television cable service, and similar service wires or lines, which are on-site, abutting, and/or transecting, shall be installed underground unless specific restrictions are shown in General Orders 95 and 128 of the California Public Utilities Commission, and service requirements published by the utilities. The existing overhead utilities running north-south through the middle of the property meet the requirement to be installed underground. The developer is advised to investigate the nature of these utilities, the availability of undergrounding these utilities With respect to adjacent and off-site properties, and to present its case for a waiver of the Municipal Code requirement, if appropriate, to the Planning Commission and/or City Council as part of its review and approval of this project. If utility undergrounding is deferred in accordance with specific direction by the Planning Commission and/or City Council, the record property owner shall enter into a covenant agreeing to underground all of the existing overhead utilities required by the Municipal Code in the future upon request of the City of Palm Springs City Engineer at such time as.deemed necessary: The covenant shall be executed and notarized by the property -owner and submitted to the City Engineer prior to issuance of a grading permit. A current title report; or a copy of a current tax bill and a copy of a vesting grant deed shall be provided to verify current property ownership. 43. Nothing shall be constructed or planted in the corner cut-off area or in the public right-of- way which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code Section 93.02.00, D. 44. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Standard Drawing No. 904. MAP 45. A Final Map shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Engineering Division for review and approval. A Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Final Map to the Engineering Division as part of the review of the Map. The Final Map shall be approved by the City Council prior to issuance of building permits. 46. In accordance with Section 66434 (g) of the Government Code, the portions of the existing public rights-of-way for Lugo Road and Cahuilla Road may be abandoned upon the filing of a Final Map identifying the abandonment of the easements granted to the City of Palm Springs. Prior to approval of a Final Map, the developer shall coordinate with each public utility company and determine specific requirements as to the abandonment and/or relocation of existing underground utilities that may exist within the public rights-of-way to be abandoned. Prior to approval of a Final Map, the developer shall provide to the City Engineer a letter of approval regarding the proposed abandonments of portions of Lugo Road and Cahuilla Road rights-of-way from each public utility agency. 47. In the event it is determined that a public utility or public agency requires the use of, now or in the future, the subject portion of Cahuilla Road right-of-way proposed for abandonment, a public utility easement shall be reserved on the Final Map along that portion of the Cahuilla Road right-of-way to be abandoned (the easterly 5 feet of the Final Map). TRAFFIC 48. A minimum of 48 inches of sidewalk clearance shall be provided around all street furniture, fire hydrants and other above-ground facilities for handicap accessibility. The developer shall provide same through dedication of additional right-of-way and widening of the sidewalk or shall be responsible for the relocation of all existing ornamental/safety light poles, conduit, pull boxes and all appurtenances located on all street frontages of the subject property. 49. All damaged, destroyed, or modified pavement legends and striping associated with the proposed development shall be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy. 50. Relocate the existing street name/stop sign at the northwest corner of Cahuilla Road and j Baristo Road as required to facilitate the proposed improvements, in accordance with City of Palm Springs Standard Drawing No. 624. 51. A 24 inch stop sign, stop bar and legend shall be installed at each Main Entry, in accordance with City of Palm Springs Standard Drawing Nos. 620-625. 52. Relocate all ornamental/safety street lights as directed by the City Engineer. The developer shall coordinate with the Facilities Division as necessary to relocate existing ornamental/safety street lights that are required to be relocated as a result of the proposed development, and shall relocate and connect,to existing electrical service provided to the street lights. 53. This property is located within Lighting District No. 1. The developer shall agree to cooperate with efforts of property owners within this District to replace, modify or improve the existing lighting system within the District, including any increased assessments required to facilitate the proposal (if any) brought forward to the City. 54. Construction signing, lighting and barricading shall be provided for on all projects as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with State of California, Department of Transportation, "Manual of Traffic Controls for Construction and Maintenance Work Zones" dated 1996, or subsequent additions in force at the time of construction. 55. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. EXHIBIT A REVISED TENTATIVE TRACT MAP 318P 284 CAHUILLA ROAD JOHN WESSMAN CONDITIONS OF APPROVAL May 19, 2004 Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. PLANNING, POLICE, BUILDING, AND FIRE 1. All conditions of approval associated with Tentative Tract Map 31887 and associated case 5.0977, PD — 288, shall remain as approved by Planning Commission and City Council at public hearing, November 26, 2003 and December 12, 2003, respectively. ENGINEERING The Engineering Division recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances. Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of,the City Engineer. The Engineering Division requirements for this project were initially stated in our memorandum to the Director of'Planning and Zoning dated November 19, 2003, for Tentative Tract Map 31887. Said requirements,shall remain in effect in addition to the following. STREETS .1. (Added) Engineering Division recommends deferral of off-site improvement items (*) 3 through 7 at this time until a change of use is approved by the City of Palm Springs for the existing building on Lot 9. The owner shall execute a street improvement covenant prior to issuance of a building permit for any structure proposed as part of TTM 31887. The covenant shall provide for the construction of all required street improvements at the northeast corner of Cahuilla Road and Baristo Road as defined on the future approved site plan for the Architectural Approval of the building to remain on Lot 9. All items under this covenant shall be completed and accepted by the City Engineer prior to issuance of a certificate of occupancy for said building. CAHUILLA ROAD 2. (Modified) Dedicate an easement for sidewalk purposed 5 feet wide and 3 feet off the face of curb along the back of the proposed bay parking, and 5 feet wide and immediately adjacent to the two outside ends of the bay parking connecting perpendicular to the public right-of-way, as required by the City Engineer. 3. *(Added) Construct,a 6 inch curb and gutter 18 feet east of centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 200. 4. *(Added) Construct 5 feet wide sidewalk adjacent to curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 5. *(Added) Remove the existing curb return, cross-gutter and spandrel and construct a 25 feet radius curb return with cross-gutter, and spandrel at the northeast corner of the intersection of Cahuilla Road and Baristo Road in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 6. *(Added) Construct a Type A curb ramp meeting current California State Accessibility standards at the northeast corner of the intersection of Cahuilla Road and Baristo Road in accordance with City of Palm Springs Standard Drawing No. 212. BARISTO ROAD 7. *(Added) Relocate existing ornamental/safety light pole, conduit, and appurtenances as needed to provide for the construction of the 25 feet radius curb return at the northeast corner of the intersection of Cahuilla Road and Baristo Road. MAP 8. (Added) Revise Tentative Tract Map 31887 to correctly depict existing City of Palm Springs right-of-way along the entire Cahuilla Road frontage north of Baristo Road. Also, depict the necessary 5 feet wide sidewalk easement around the proposed bay parking along the Cahuilla Road frontage. S 63 Mario Gonzalez 68-936 Adelina Rd. Palm Desert, CA 92260, 11. J Res approving Final Map 31887 prepared by Hunsaker and Associates / Irvine Inc, representing Baristo Group LLC for property located at 284 Cahuilla Road, Section 15 T4S, R4E. A RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING FINAL MAP NO. 31887 FOR PROPERTY LOCATED AT 284 CAHUILLA ROAD, IN SECTION 15, TOWNSHIP 4 SOUTH, RANGE 4 EAST WHEREAS, the Planning Commission, at its meeting of November 26, 2003, recommended approval of Tentative Tract Map No. 31887 prepared by Hunsaker and Associates Irvine, Inc., representing Baristo Group, LLC, a California limited liability company, and John Wessman, Trustee of the Wind Song II Trust dated February 11, 2004, for the above described property; and WHEREAS, the City Council at its meeting of December 17, 2003, approved Tentative Tract Map No. 31887 subject to conditions; and WHEREAS, Tentative Tract Map 31887 was revised by the developer, which was recommended for approval by the Planning Commission at its May 12, 2004, meeting, and subsequently approved by the City Council, subject to conditions, at its meeting of May 19, 2004; WHEREAS, the abandonment of the westerly five feet of Cahuilla Road and the easterly sixteen feet of Lugo Road are shown on Final Map No. 31887, to be abandoned pursuant to Section 66434 (g) of the Government Code; and WHEREAS, the owner offers for dedication to the City of Palm Springs for public use for street and public utility purposes Lots "E" and "F"; an easement for public utility purposes with the right of ingress and egress for service and emergency vehicles and personnel over Lots "A", "B", "C", and "D", a five feet wide easement for public utility purposes over those portions of Lots 1, 2, 9, and Lot "D"; and an easement for pedestrian access purposes over those portions of Lots 1, 2, and Lot "D". NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs as follows: 1. That Final Map No. 31887 is in substantial conformance with approved Tentative Tract Map No. 31887 (as revised); and 2. That requisite conditions associated with Tentative Tract Map No. 31887 (as revised) have been satisfied; and 3. That Final Map No. 31887 is in conformance with the General Plan; and 4. That Final Map No. 31887 conforms to all requirements of the Subdivision Map Act of the State of California; and 5. That the abandonment of those portions of Lugo Road and Cahuilla Road as shown on Final Map No. 31887 are approved, pursuant to Section 66434 (g) of the Government Code; and 6. That the offers of dedication to the public on Final Map No. 31887 shall be accepted by the City Clerk of the City of Palm Springs; and 7. That the City Manager is hereby authorized to enter into a Subdivision Improvement Agreement with the subdivider and to accept subdivision improvement security in conformance with the requirements therein for construction of required public improvements; and 8. That the City Clerk shall cause to have recorded with the Riverside County Recorder the Subdivision Improvement Agreement; and 9. That Final Map No. 31887 is hereby approved for purposes therein defined. Resolution No. ADOPTED this 21st day of July, 2004. AYES: NOES: ABSENT: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk City Manager REVIEWED &APPROVED AS TO FORM: City Attorney