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4/7/2004 - STAFF REPORTS (16)
DATE: April 7, 2004 TO: City Council FROM: Director of Public Works/City Engineer PARCEL MAP NO. 31351-1 RECOMMENDATION: It is recommended that the City Council approve Parcel Map No. 31351-1 prepared by Mainiero, Smith & Associates, Inc., representing Indian Partners, Inc., a California corporation to subdivide property located 5403 Mesquite Avenue, in Section 20, Township 4 South, Range 4 East. SUMMARY: Mainiero, Smith & Associates, Inc., representing Indian Partners, Inc., a California corporation, has prepared a two parcel Parcel Map for subdivision of property located 5403 Mesquite Avenue, in Section 20, Township 4 South, Range 4 East. BACKGROUND: Mainiero, Smith & Associates, Inc., representing Indian Partners, Inc., a California corporation, Esther Walker, requests that the property located 5403 Mesquite Avenue, in Section 20, Township 4 South, Range 4 East, be subdivided into two parcels. This parcel map represents the first phase of the Indian Oasis Resort development by Ernest Noia, and will facilitate the construction of the first commercial building within the overall master- planned development. At its meeting of October 8, 2003, the Planning Commission recommended approval of Tentative Parcel Map No. 31351, which was subsequently approved by the City Council, subject to conditions, on October 15, 2003. There are no offers of dedication to the City associated with Parcel Map 31351-1. It has been determined that required conditions have been satisfied,that Parcel Map No.31351-1 is in substantial conformance with the approved Tentative Parcel Map, and that Parcel Map No. 31351-1 is ready for City Council approval. i SUBMITTED: DAVID J. BARAKIAN Director of Public Works, CCiitty��Engineer APPROVED —x — ' ✓! DAVID H. READY City Manager ATTACHMENTS: 1. Resolution 2. Map 3. Monumentation Agreement MONUMENTATION AGREEMENT by and between CITY OF PALM SPRINGS and MIDVALLEY CENTER, L.P. A CALIFORNIA LIMITED PARTNERSHIP INDIAN PARTNERS INC., A CALIFORNIA CORPORATION TABLE OF CONTENTS 1.Construction Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1.1 Monumentation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1.2 Intent of Map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1.3 Survey Monuments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.4 Performance of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.5 No Warranty by City . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.6 Authority of the City Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.7 Compliance with Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.8 Final Acceptance of Monumentation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2. Time for Performance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2.1 Commencement and Completion Dates . . . . . . . . . . . . . . . . . . . . . . . . . 2 2.2 Force Majeure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2.3 Continuous Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2.4 Time of the Essence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3. Labor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3.1 Labor Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3.2 Nondiscrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3.3 Licensed Contractors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3A Workers' Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4. Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4.1 Required Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4.2 Form of Security Instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4.3 Subdivider's Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4.4 Letters of Credit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4.5 Release of Security Instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 5. Cost of Construction and Provision of Inspection Service . . . . . . . . . . . . . . . . . . 5 5.1 Subdivider Responsible for All Related Costs of Construction . . . . . . . . . 5 5.2 Payment to City for Cost of Related Inspection and Engineering Services . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6. Default . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 6.1 Remedies Not Exclusive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 6.2 City Right to Perform Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 6.3 Attorney's Fees and Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 7. Indemnity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 8. General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 8.1 Successors and Assigns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 8.2 No Third Party Beneficiaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 8.3 Entire Agreement; Waivers and Amendments . . . . . . . . . . . . . . . . . . . . . 7 9. Corporate Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 iii MONUMENTATION AGREEMENT THIS MONUMENTATION 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 Midvalley Center, L.P., a California Limited Partnership, by Indian Partners, Inc., a California corporation, its General Partner ("Subdivider"). RECITALS A. Subdivider is the owner of, and have obtained approval of a subdivision map for Parcel Map No. 31351-1 (the "Map") 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. Subdivider has delivered to City and City has approved the map which requires the setting of monuments, "Monumentation" (as hereinafter defined) which are required to be installed in order to accommodate the development of the Property. C. Subdivider's agreement to construct and install the Monumentation pursuant to this Agreement is a material consideration to City in approving the 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. Obligations. 1.1 Monumentation. Subdivider agrees, at its sole cost and expense, to install or cause to be installed the monuments (herein sometimes collectively referred to as the "Monumentation"). The estimated construction cost for installation and setting of the Monumentation is 5 000.00. 1.2 Intent of Map. Approval of the Map requires a complete work of setting of monumentation 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 the setting of all required Monumentation, even though the Map 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 Map, Subdivider or their contractor shall immediately notify their 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 the setting of any of the Monumentation, reference shall be made to the City Engineer whose decision thereon shall be final. 1 1.3 Survey Monuments. Before final approval of street improvements, Subdivider will place survey Monumentation 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)(i) and, after setting the monument(s), Subdivider shall furnish the City Engineer of the City of Palm Springs a written notice from the record engineer or surveyor or his/her designee of the setting of all required Monumentation and written proof of having paid the engineer or surveyor for the setting of Monumentation. 1.4 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. 1.5 No Warranty by City. The Map for which the setting of Monumentation is required has 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 Map or related documents. 1.6 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. 1.7 Compliance With Law. In addition to the express provisions of this Agreement and the Map, Subdivider shall cause the setting and installation of Monumentation to be completed in accordance with all other applicable federal, state, and local laws, ordinances, rules and regulations. 1.8 Final Acceptance of Monumentation. As indicated in Section 1.3 above, after setting the Monumentation, Subdivider shall furnish the City Engineer of the City of Palm Springs a written notice from the record engineer or surveyor or his/her designee of the setting of all required Monumentation and written proof of having paid the engineer or surveyor for the setting of Monumentation. 2. Time for Performance. 2.1 Commencement and Completion Dates. Subject to Section 2.2 and 2.3 below, Subdivider shall (i)commence with installation and setting of Monumentation when the final grading and/or street improvements have been completed, or at a time when Monumentation for the Map can be set without further disturbance as a result of the development of the Property(the "Commencement Date"); and (ii)complete or cause to be completed the installation and setting of Monumentation within two (2) weeks after the Commencement Date, 2.2 Force Majeure. Notwithstanding the provisions of Section 2.1, Subdivider's time for commencement and completion of the setting of Monumentation 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 2 090 (including City), required changes to the Scope of Work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than five (5) days prior to City's receipt of a written notice from Subdivider or its Contractor detailing the grounds for Subdivider's claim to a right to extend its time for performance hereunder. City Engineer shall evaluate all claims to Force Majeure and his decision shall be final. 2.3 Continuous Work. After commencement of installation of the Monumentation (or separate portion thereof), Subdivider shall cause such work to be diligently pursued to completion, and shall not abandon the work for a consecutive period or more than five (5) days, events of Force Majeure excepted. 2.4 Time of the Essence. Time is of the essence of Subdivider's performance of all of their obligations under this Agreement, 3. Labor. 3.1 Labor Standards. Subdivider shall be responsible for causing all contractors and subcontractors performing any of the setting of Monumentation 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 setting of Monumentation 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 Surveyor. Subdivider shall cause all of the setting of Monumentation to be installed under the direct supervision of a California licensed land surveyor in conformance with the map, 3.4 Worker's Compensation. Subdivider shall cause every contractor and subcontractor performing any of the setting of Monumentation to carry Workers' Compensation Insurance as required by the Labor Code of the State of California and shall cause each such contractor and subcontractor to submit to City a Certificate of Insurance verifying such coverage prior to such contractor or subcontractor entering onto the job site. 4. Security. 4.1 Required Security. (a) At the time Subdivider executes this Agreement, Subdivider shall furnish to City the following bond, letter of credit, instrument 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 (hereinafter "Security Instruments"): ?A7 3 (i) A Security Instrument guaranteeing the payment of the cost of setting monuments as required in Section 1.4 in the amount of 5 000.00. This Agreement shall not be effective for any purpose until such Security Instruments are supplied to and approved by City in accordance herewith. 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 default undertheir 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 4 4� no action to prevent City from such realization of any Security Instrument. Notwithstanding the giving of any Security Instrument or the subsequent expiration of any Security Instrument or any failure by any surety or financial institution to perform its obligations with respect thereto, Subdivider shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10)days after written demand therefor, 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 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 of Monumentation upon Subdivider's written request upon the completion of the setting of the Monumentation and written proof that the Engineer of Record has been paid for said work, 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 installation of the Monumentation. 5.2 Payment to City for Cost of Related Inspection and Engineering Services. Subdivider shall be responsible for all costs associated with certification and inspection of Monumentation. The City makes no representation as to the adequacy or accuracy of Monumentation set for the Map, and shall accept the certification from the record engineer or surveyor as to the final acceptance of the setting and installation of all required Monumentation as required by law. 5 6. Default. 6.1 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. 6.2 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. 6.3 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. 7. 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 installation of the Monumentation 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. 8. General Provisions. 8.1 Successors and Assians. 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. 8.2 No Third Party Beneficiaries. This Agreement is intended to benefit only the parties hereto and their respective successors and assigns. Neither City nor Subdivider 6 ?404/0 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. 8.3 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. 9. Corporate Authority. The persons executing this Agreement on behalf of the parties hereeto 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. IN WITNESS WHEREOF, the parties hereto have executed this Monumentation Agreement as of the date first written above. DATED: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By Patricia A. Sanders, City Clerk David Ready, City Manager APPROVED AS TO FORM: City Engineer SUBDIVIDER: Mid Valley Center, L.P., a California Limited Partnership By: Indian Partners, Inc., a California corporation, its General Partner (Check One: individual, partnership, X corporation) By: Z�J- G(. �Iffrnest G. Noia, President (Notarize Signature) "Subdivider" Mailing Address: Ernest G. Noia 429 East Tahquitz Canyon Way Palm Springs, CA 92262 8 i CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California � ss. County of /Q//�����•� On Al- before e -A� <�✓P��f�i`� /C✓�/J ale No a anri Ti11e of Offcar( g., Jane).a, o(ary Punic'") personally ppeared �" V �d/✓� Name(s)of Signer( ) personally known to me /0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are yid subscribed to the within instrument and 1 �IIRBARk'A. COS acknowledged to me that he/she/they executed Comimbillon# 14517W' the same in his/her/their authorized Nottxy Public _Collfomla capacity(ies), and that by his/her/their Riverside County - signature(s) on the instrument the person(s), or NtyComm.Bpo Nov 18,2oo7 the entity upon behalf of which the person(s) acted, executed the instrument. WI SS hand a offici Place Notary Seal Above Signature of Notary P blic OPTIONAL T gh the information below is not required bylaw, it may prove valuable to ersons re ing on the document and could prevent fraudulent removal and reattachment of this for to anot r document. Description ttached Document Title or Type of Docu nt: Document Date: umber of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Tit s): ❑ Partner—❑ Limits ❑ General ❑ Attorney in Fac ❑ Trustee ❑ Guardi or Conservator ❑ Oth Igner Is Representing: 01999 Na11onal Notary Assoclelion•9350 D.Soto Ave.,P.O.Box 2402•Chatswuah,CA 91313-2402•www.nelionalnotary.arg Prod.No 5907 Reorder,Cell Toll-Fore 1.600-6766627 4f�/3 y> R.S.42/09 '©anjz Pt��ws. SHEET 2 OF 2 SHEETS n mrtns cni IN THE CRY OF PALM SPRINGS, J yslxwes Posrnwm149/vs+a N / COUNTY OF RIVERSIDE. SGTE OF CALIFORNIA �� coxsrR,wnw Fouv 1-1/+'p'RA`s TH.NO.2�SSIR4 eGa N,W ., NR� ao U.S. 202�31-52,0.0 J o : � PARCEL MAP NO. 31351 - 1 —NINE HE 1NE HE 1/«N:-,.E 1 e=� �:_� �A'`tp of sicllNx zo evN mE a .——�—————————— ^ n fl E BEING A SUBDIVISION OF THE NORTHEAST QUARTER OF THE SOUTHWEST of uEaUn6 Av6,wo sm MESQUITE AVENUE < QUARTER OF SECTION 20. TOWNSHIP 4 SOUTH, RANGE 5 EAST, S.B.M. wR°°�°='/1°-" t Ix°>ssaz'6"'°ss'Pu'Na zo}/sl-sy "evsr""E "'°°s' E m MAINIERO, SMITH AND ASSOCIATES, INC. JANUARY 2004 ------- ___— _— _— _ ----------- — --- _------ ° F pm ENGINEER'S NOTES —=—NNEO HE x6 —______—______ __- --- — as Ati..1IF THE R sw 1/« z 1/zi P.Nmn swam Ls«INS a e mE BASIS of DEwlrw FOR mIs MAP Is mE rur uxE of Eyl�w&.EHNE 'np3' SELTON 2 NWNSHIP 4 SOxm.RANGE 5 FAST,5B.M.,V�li M1S �o Dl RS/a'ew5 psK sMwEo I. ewri N OP19'1]'W 1F PMIl W NO.21665.AS SHOWN IN .pElt mxslRJcpox A6. 3 NM¢ N BOON 15].I PAGES]}-]]OF III.., DI g BEE DETAIL•A• c _ s ir°z'VsplEo ws csrmx of snox zo 66. 'N6 HI FONNO."N..AS N. C I'MCEL 2 INOIGTCS SE 1" P.ilOSH STAMPED RCE 2 S. PAflCEL 1 Fry 215 PC NLT 1]AC. n (-) INOIG]FS RECORD 61TA AS NOIEp s ITE i nY'n 1N6 PARCEL MAP IS FOR[OMNERfL1 OEV¢➢PNs'i REASONS 1156Y J e45 E /ry x} ys TOTAL GROSS ARFA=26z ACRE TDTK NEL 0.9U=2.62 FCREs ' i7 i«oF s swE EASEMENT NOTES: ®b T1 ,R5_ eNN A4 FASEMFM SO IN.l f l F3ECIIUC iRANNMISSpN IIN6 IN AY➢I OF PEIAAl1�0Qi PARCE1 cwEorexw m¢Ox PEx IN".xo.laesla,pEe D/2o/tSn.nR. ANIUN were G, 8®w ss z nc OEC. 2Q z EE���6 NNA DISEN N. EIECIRIc E 5/11 1 U,SR NE OIIIXwN PILf[I WrePER OIMST NO O5B5]J0.REC 5/11/1ss5.O.R. FISSN.FOR RENS , SLOPE IN FAVOR OF IS CNY OE P.LLM S'S,. Pe 4o4�g Wv Q _ w INST NO.II]21}. E.6/}/1998.D.R. CN ®z W Q E RECIPRCGL ACCESS SISdFM PN II REC � 1 Q MJ JIo xx.'HEN OF M:HE 1/«OF ME an OR PEa M a 1«f/16-Ic W 0 e MESQUITE AVENUE u - x - = rIv II 6O.us Io $ I 0 I 9s9' x N -� -_= u sso' a ___-_____ ___ Io Nam uxE of TH NE - Ie Nt/«OE THE o /« PARCEL 1 .117 ss vam¢ Tns,RSc s AC EE vwI¢ IN • _ 6 ^ —N o llE ATA _ < ~„N ^ TANCE 11 e30 D rE z g ry 8 oy` wjr aFx,EEFsv E/.5 DETAIL•A• sk RSE E °ss' I ..UHE AwNNE 1 s` Nx, - HE Lr >Rs;N[ E.H,"+/zs R°E+>xEt E1, -11 xN 1 1/"LP .,Ls N SE FEE 1/1 E nls/K a PY. E E 1� T«5.R5_ [EPR9�s�E NEE 1�. tv/ [>. 1/a o sr 1/a Pu Rs>s/ sw 1/ P.v [z/zW s/u N� %n- _ t659x'Pce Rs zs/66) 6-[.1 Ies.>a'Pm Rs III ssPs VICINITY MAP (x >u or w mevfi Fm Rs ,s/6s) J.N. Id82 g p RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PARCEL MAP NO. 31351-1 FOR PROPERTY LOCATED 5403 MESQUITE AVENUE, IN SECTION 20, TOWNSHIP 4 SOUTH, RANGE 4 EAST WHEREAS the Planning Commission, at its meeting of October 8, 2003, recommended approval of Tentative Parcel Map No. 31351 prepared by Mainiero, Smith & Associates, Inc., representing Indian Partners, Inc., a California corporation, for the above described property; and WHEREAS the City Council at its meeting of October 15, 2003, approved Tentative Parcel Map No. 31351 subject to conditions. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs as follows: 1. That Parcel Map No.31351-1 is in substantial conformance with approved Tentative Parcel Map No. 31351. 2. That requisite conditions associated with Tentative Parcel Map No. 31351 have been satisfied. 3. That Parcel Map No. 31351-1 is in conformance with the General Plan. 4. That Parcel Map No. 31351-1 conforms to all requirements of the Subdivision Map Act of the State of California. 5. That the City Manager is hereby authorized to enter into a Monumentation Agreement with the subdivider and to accept security in conformance with the requirements therein for setting of parcel map monumentation. 6. That Parcel Map No. 31351-1 is hereby approved for purposes therein defined. ADOPTED this 71" day of April, 2004. AYES: NOES: ABSENT: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk City Manager REVIEWED &APPROVED AS TO FORM: