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04769 - PALM SPRINGS MODERN HOMES V SUBDIVISION IMPROVEMENT TM 29077 CS 5.0804 PD 254 TAHQUITZ CANYON
Page 1 of 1 Kathie Hart From: Carol Templeton Sent: August 22, 2007 9 23 AM To: Kathie Han Subject: RE: A4769 - Palm Springs Modern Homes V Hi Kathie, Yes, close it out. Have a good day Carol Templeton, Engineering Associate City of Palm Springs Engineering division Direct (760) 323-8253 Ext. 8741 Fax (760) 322-8330 or 322-8325 Carol.Temnlm n-@palmsrin -ca.gov- http:// www.gcode.us/codes! ap imspringslview.p> From: Kathie Han Sent: Wednesday, August 22, 2007 9:18 AM To: Carol Templeton Subject: A4769 - Palm Springs Modern Homes V Final Map 29077 - 51A OK to close the agreement? 4yal Kathie Hart, CMC Chief Deputy City Clerk Cityof Palm 320 3200 7ahgmfz Cany Canyon Way Palm 3por,95 C1 92262 Kathie l-larhPpalmsprings-cagov Ulliee (760)923-82p5 08/22/07 � City of � rxngs Departmenc 01 L11d LLI, �r�neowlw.•��w -.l _.: I IIIJ. V� .: + a �IFORN II: 1'b1/1 '_'i 'Q5) • I,.IK (,611) 1 L,1.Lis August 16, 2006 Brown and Brown Ins. 2800 N. Central Ave., S-1600 Phoenix, Arizona 85004 Attn: Ms. Dorothy L. James Re: Tract Map 29077, "The Villas" Please consider this letter as the City of Palm Springs' notice that the obligations of the Subdivision Improvement Agreement between the City of Palm Springs and Palm Springs Modem Homes V, LLC, related to Tract Map 29077, have been partially satisfied- The required improvements were accepted by the City of Palm Springs on August 16, 2006. The following subdivision securities required by the agreement may now be released to the following amounts.- Faithful Performance Bond; Bond No. 863494S; $0.00 Labor and Materials Bond; Bond No- 863494S; included in Faithful Perf. Bond • Faithful Performance Bond (Monumentation); Bond No- 863495S; $0.00 The following subdivision security required by the Subdivision Improvement agreement shall remain in full force and effect for one year after the date of acceptance of the improvements (or August 16, 2007). Maintenance &Warranty Bond; Bond No. 863494S; $127,350.00 If you have any questions, I can be reached at (760) 323-8253, extension 8741. Sincerely, Carol Templeton Engineering Associate Cc: Dottie James, Brown&Brown Insurance Co- -via facsimile;(602) 664-7024;Emie Vincent Palm Springs Modem Homes V, LLC -via facsimile;(760)320-8774;James Thompson, City Clerk; TM29077 file Posr Office Box 2743 0 Palm Springs, California 92263-2743 PALrv City of Palm Springs Department of Public Works and Engineering Rio.°drries?w y0 e 'T 3200 H. Tahgmcz Canyon Way • Palm Springs, California 92262 \. Tel: (760) 323-8253 Fax (760)322-5360 • Web: www.ci.palm-speings.ca us ,*-at'x'rs�iks, C) September 1, 2005 rFL U0 s1 Brown and Brown Ins. 2800 N. Central Ave., S-1600 Phoenix, Ariz 85004 c� Attn: Ms Dorothy L. James Re: Tract Map 29077, "The Villas" Please consider this letter as the City of Palm Springs' notice that the obligations of the Subdivision Improvement Agreement between the City of Palm Springs and Palm Springs Modern Homes V, LLC, related to Tract Map 29077, have been partially satisfied. The following subdivision securities required by the agreement may now be reduced to 35% to the following amounts: Faithful Performance Bond, Bond No. 863494S; $297,150.00 • Labor and Materials Bond; Bond No. 863494S; included in Faithful Pert. Bond The following subdivision securites required by the Subdivision Improvement agreement shall remain in full force and effect until further notice: Faithful Performance Bond (Monumentation); Bond No. 863495S; $ 7,500.00 Maintenance & Warranty of Improvements, Bond No. 863494S, $127,350.00 If you have any questions, I can be reached at (760) 323-8253, extension 8741. Sincerely, Carol Templeton Engineering Associate cc Dottie James,Brown&Brown Insurance Co -via facsimile (602)664-7024,Erne Vincent,Palm Springs Modem Homes V LLC -via facsimile (760)320-8774,James Thompson, City Clerk, TM29077 fide Post Office Box 2743 0 Palm Springs, California 92263-2743 DOC " 2003-935797 11/26/2003 08:00A Fee:NC Page 1 of 30 PLEASE COMPLETE THIS INFORMATION Recorded in Official Records RECORDING REQUESTED BY County of Riverside Gary L. Orso Assessor, County Clerk & Recorder AND WHEN RECORDED MAIL TO: I IIIIII IIIIII IIII IIIIIII IIIII IIIII I III III IIIII IIII IIII M S U PAGE SIZE OA POOR NOGOR SMF MISC e...0 lJ6'a.S 6 �mz tt�oG t�hi.hR`71Pk'�9��9F7 a�FS —��—_ COPY LONG REFUND NCHG SPACE ABOVE FOR RECORDER'S USE ONLY I � SUBDIVISION IMPROVEMENT AGREEMENT, PALM SPRINGS MODERN HOMES V Title of Document A4769 Palm Springs Modern Homes V Subdivision Improvement AGREEMENT #4769 R20738, 9-17-03 THISS AREA F/0" R�,C0 R�Di Ely, �J T Y 1 US—� � 0 THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) STC.SCSO 99Se(Rev Sign SUBDIVISION IMPROVEMENT AGREEMENT by and between CITY OF PALM SPRINGS and PALM SPRINGS MODERN HOMES V, LLC A CALIFORNIA LIMITED LIABILITY COMPANY IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII iii s�2a£cd&?eeri 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............................................... 4 1.14 Final Acceptance of Works of Improvement........... 4 2. Time for Performance....................................................... 4 2.1 Commencement and Completion Dates................. 4 2.2 Phasing Requirements............................................ 4 2.3 Force Majeure......................................................... 4 2.4 Continuous Work.................................................... 4 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............................................................................. 5 4.1 Required Security.................................................... 5 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.............................. 7 5. Cost of Construction and Provision of Inspection Service............................................................................... 8 5.1 Subdivider Responsible for All Related Costs of Construction............................................................ 8 5.2 Payment to City for Cost of Related Inspection i IIIIIIIIII IIII IIIIIIIIIIIIIIIIIIIIIIIIIIII IIIII a zsre£ao07non and Engineering Services........................................ 8 6. Acceptance of Offers of Dedication................................... 8 7. Warranty of Work.............................................................. 8 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.......................................................................... 9 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 SUBPIVISION IMPROVEMENT AGREEMENT (this "Agreement") is entered into this �'% , day of �e a//,/< << ` , 2003, by and between the CITY OF PALM SPRINGS, a municipal c6rporation of the State of California ("CITY"), and Palm Springs Modern Homes V, 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. 29077 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 public use, easement for public utility purposes with the right of ingress and egress for service and emergency vehicles and personnel over Lots "A" through "D", inclusive, and Lots "J"through "Q", inclusive; and dedication to public use for public utility purposes, those easements shown as "5' PUE" along and adjacent to all private streets; and dedication to public use for public utility purposes, easements over Lots "F" through "H", inclusive. City desires to accept the various public dedications as shown on the final map, and certain other improvements described in this Agreement. C. Subdivider has delivered to City and City has approved plans and specifications and related documents for certain "Works of Improvement" (as hereinafter defined) which are required to be constructed and installed in order to accommodate the development of the Property. D. Subdivider's agreement to construct and install the Works of Improvement pursuant to this Agreement and its offer of dedication of the streets, easements and other improvements and facilities, as shown on the Map, are a material consideration to City in approving the final map for the Property and permitting development of the Property to proceed. COVENANTS Based upon the foregoing Recitals which are incorporated herein by reference and . in consideration of City's approving the Map forthe 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 $849,000.00. 1 III I II I I I I II II I I IIII II IIII III III 11 o 30 3J 700f1 5 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 IIIIIIIIIIIIIIIIIIIIII IIII IIIIIIIIIIIIIIIIIIIIIIIII 11�206 ofSi070�H 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 orthe contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials orwork 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. It 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 IIIIII IIIIII IIII IIIIIII IIIII IIIII IIIII III IIIII IN 1111 i i zed e of 30 a©r3 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. 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 satisfies. 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. 2.3 Force Majeure. Notwithstanding the provisions of Section 2.1, Subdivider's time for commencement and completion of the Works of Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikers, lockouts, acts or failures to act of a public agency (including City), required changes to the Scope of Work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than five (5) days prior to City's receipt of a written notice from Subdivider or its Contractor detailing the grounds for Subdivider's claim to a right to extend its time for performance hereunder. City Engineer shall evaluate all claims to Force Majeure and his decision shall be final. 2.4 Continuous Work. After commencement of construction of the Works of Improvement(or separate portion thereof), Subdivider shall cause such work to be diligently 4 ;s�80'&PAef II IIII III af3 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. 4. Security. 4.1 Required Security. (a) At the time Subdivider executes this Agreement, Subdivider shall furnish to City the following bonds, letters of credit, instruments of credit (assignment of deposit account) or other security acceptable to City in its sole and absolute discretion and satisfying the I 5 II II I I II II II II II II I II II iiree s©n£30�AAH 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 $849,000.00 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 $474,500.00 equal to 50% of the estimated construction cost referenced in Section 1.1. (iii) A Security Instrument guaranteeing the payment of the cost of setting monuments as required in Section 1.4 in the amount of$7,500.00 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$127,350.00 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 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 6 III I I I I I I I I I I I II 1111111111111 II II III 11 266l10E 3508700E 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 after written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 4. 4.4 Letters of Credit. (a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit (expiring in not less than one (1) year, unless City agrees to a lesser term in City's sole and absolute discretion) is not delivered not less than thirty(30)days priorto 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. 7 IIIIII IIIII II I I III III III I92 I f I II II II II 1126 11 f' 2000H (a) City shall release the Faithful Performance Security Instrument and Labor and Materials Security Instrument when all of the following have occurred: (i) Subdivider has made written request for release and provided evidence of satisfaction of all other requirements in this Section 4.5; (ii) the Works of Improvement have been accepted; (iii)Subdivider has delivered the Maintenance and Warranty Security Instrument; and (iv) subject to the following sentences after passage of the time within which lien claims are required to be made pursuant to Article 3 (commencing with Section 3114) of Chapter 2 of Title 15 of Part IV of Division 3 of the California Civil Code. If lien claims have been timely filed, City shall hold the Labor and Materials Security Instrument until such claims have been resolved, Subdivider has provided a statutory bond, or otherwise as required by applicable law. (b) City shall release the Maintenance and Warranty Security Instrument upon Subdivider's written request upon the expiration of the warranty period, provided no claims are outstanding at that time regarding defective work. 5. Cost of Construction and Provision of Inspection Service. 5.1 Subdivider Responsible for All Costs of Construction. Subdivider shall be responsible for payment of all costs incurred for construction and installation of the Works of Improvement. In the event Subdivider is entitled to reimbursement from Cityfor any ofthe 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 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 8 IIIIII IIIIII iil�IIIIIII IIIII IIIII IIIII II IIIIII III IIII 11,©�l1 of 000R 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 Fees and Costs. In the event that Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney's fees. In the event of any dispute arising out of Subdivider's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney's fees and costs. Such attorney's fees and cost shall include fees and costs on any appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment. 9. Indemnity. Subdivider agrees to indemnify, defend, and hold harmless City and City's officers, employees, and agents from and against any and all claims, liabilities, losses, damages, causes of action, and obligations arising out of Subdivider's failure to perform the construction and installation of the Works of Improvement in accordance with the requirements contained or referenced in this Agreement. Said indemnity obligation shall apply to personal injury, death, property damage, economic loss, and any other monetary damage or penalty to which City may be subjected, including without limitation, attorney's fees and costs and the costs of realizing on any Security Instrument provided by Subdivider 9 111111 HIM 111111111111111111111 HE III IIIIII III IIII �RF 1 eof oOAf, 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. B 1111111 lull 11111111111111111111111111 11 2 149c£0el ?000R 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 Patricia'A. Sanders, City Clerk David R a, City Manager q11-10/0 , Troy B�ai t 9 ff, 'Asst. City Manager 9 SUBDIVIDER: Palm Springs Modern Homes V, LLC, a California Limited Liability Company awoo ,, nia corporation, its Managing Member ( partnership, X corporation) By: Dennis Cunningham, President Name and Title Mailing Address: 74-140 El Paseo, Suite 4-PMB520 Palm desert, CA 92260-4113 (760) 323-1477 I1I I{I I`III Ili IIit II I` I{ 20f!' S°5737 IIIIII►IIIIt11IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIt 11=26/15�0£ 30Ea tt CALIFORNIA ALL-PURPOSE ACKNOWLEDGMEN3 r91 li� State of California ss. t, County of �I� L' rSlc� � Ji is Ons��� . any �003 before me, To 0�5 )�joj'nr��U{•,�I�e �� Cat or Name and Tile of OOmer ie g,"Jane p ,Notary Publm') � personallyappeareliTt-Ov 1 11��Lj`t7_ 4fj piyt,� Pg-'r'r�c�a (�. nder• z� �� Nameis)of sigrard) Is(' 6SZpersonally known to me of satisfacfo _ `^); eatder)ee- 1)I I�. • -�.- , ,,,..�o�,.�Pr: et2.5s to be the person0s whose name are )� s r, JUDITH A.NICHOLS , subscribed to the within instrument and )i II S�';>, COMM.41261786 't acknowledged to me that the executed J� PVDa�`�o Notary Public-Califomia Rp the same in -knsH�e heir authorized �IjQl Rhi(I COUNTY capacit ies and that by i�isfhe the My Comm.rs.�'Yp,May71,2004 signaYur�n the instrument the persor�s or i� �` `""""` '""""'-"""""*`-h""r'"r'"v�••1• the entity upon behalf of which the persons ji i4 acted, executed the instrument. fi WITNESS my hand and official soak. > o <r c't slenalare et Note,Po to L� OPTIONAL J Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent I'�1 fraudulent removal and reattachment of this form to another document 1,�I '+ Description of Attached Document V << Title or Type of Document: SOU'lli SrOh Im V`OV0N.7.Q4trt A�Y'eeIeKT jl 'N [GI Document Date:S le pT. 1 7 0 0 0 3 Number of Pages: 0 I ti /� ` oil 1' Signer s) Other Than Named Above:�h I s l U VIVY 1 'f\Or Lt t'11• Pr'2Sr of e VtT tit Homes 4� Capacity(ies) Claimed by Signer LLG. �) signer's Name: CO V �tt�Z�cx-�� a 1`1d pa�•r'� cru A. !�cjr,d fi Ac-t-ine� ye,;ty Ma��er G•rty C12rIC `:• )� ❑ Individual mp of numb Here ); N Corporate officer—Title(s): AsSI. �;t (K r. �' City (i,Ierk 1�1i h% ❑ Partner—❑ Limited ❑General )j I, ElAttorney-in-Fact )l ifa ❑ Trustee �z 11 ❑ Guardian or Conservator ti IG� ❑ Other: JI I y { Signer Is Representing- t fl Lvt f- 1Q.Jtl u. ll 01999 National NolaryAesooalon•9350 Do Soto Ave,PO pox 24o2•Chelswotlb CA 9131&2402•www alonalnoleryorg Pmd No 5907 Reorder Call Toll Free 1 800 876 6827 II III I II III III III II 1111111111111 II 11r 26�16 350r8©©H Under the provisions of Government Code 27361.7, I certify under the penalty of perjury that the notary seal on the document to which this statement is attached reads as follows: Name of Notary : I, [QEI�1(3�Y Commission# : i 2"79 Oq4- PlaceofExecution : PJVER.SIDE COUNTY Date Connnission Expires : OCT�C3ER 2 . 20O Date : Q / 1 g /O3 Signature 1111111 HIM 1111111111111111111111111111111111111111111 17 of 30 eR State of California } }ss. County of Riverside } On September 3, 2003, before me, T. Tremblay, Notary Public, personally appeared Dennis Cunningham, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the sane in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. T. TREM5LAY WITNESS my hand and official seal Carrurn on#1277094 z �xAl:3 �JotalY PuNic-California [Zivev+kdc County (` place notary seal above signature of notary public IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII il,c6�18�f��FI�Fl� EXHIBIT "A" TENTATIVE TRACT MAP 29077 CONDITIONS OF APPROVAL IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 112a©15 f 9�@0F 12 -O JIoI�Y�OVE DB 254 NY N GYJM4�I aiora `-(- ---f3atir_. '2 �22lrwtfi�sl�M, APPROVED EY 01'R GGUh9Gti_ EXHIBIT A �o4'PD —z5�1 CASE NO. 5.0804-PD-254 AND TM 29077 ��:suiutiocp �'------ GeJi7ar:cF � APPROVAL SUSVFGT TO, 1�1 i. � CONDITIONS OF APPROVAL July 17, 2002 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 DEPARTMENT: 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. la. 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 5.0804-PD-254 and TTM 29077. 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 further indemnification hereunder, 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. 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(I), 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 shall expire. Extensions of time may be allowed for good cause. II II I I II II II II II III I II 111 E©20 ofR90©�3F 3. The final development plans shall be submitted in accordance with Section 9403.00 of the Zoning Ordinance. Final construction plans shall include site plans, building elevations, floor plans, roof plans, grading plans, landscape plans, irrigation plans, exterior lighting plans, sign program, mitigation monitoring program, site cross sections, property development standards, West Tahquitz Canyon Way 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. 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 issuance of occupancy permits. The CC&R's shall be enforceable by the City, shall not be amended without City approval, shall require maintenance of all property in a good condition and in accordance with all ordinances. B. The CCR's shall have a disclosure statement regarding the location of the project relative to roadway noise, City special events, roadway closures for special events and other activities which may occur in the Central Business District, Desert Museum and Desert Fashion Plaza. Said disclosure shall inform perspective buyers about traffic, noise and other activities which may occur in this area. C. The CC&R's shall include a provision requiring City approval to amend the CC&R's. The CC&R's shall also include a provision dedicating guest parking spaces in front of garages dedicated to those individual units. D. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $2,500 for the review of the CC&R's by the City Attorney. 4. Final landscaping, irrigation,exterior lighting,and fencing plans shall be submitted for approval by the Department of Planning and Building prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. 5. 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 Building for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. 6. 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. 7. All roof mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Section 9303.00 of the Zoning Ordinance. The screening shall be considered as an element of the overall design and must blend with the architectural design of the building(s). The exterior elevations and roof plans of the buildings shall indicate any fixtures or equipment to be located on the roof of the building, the equipment heights, and type of screening. Parapets shall be at least 6" above the equipment for the purpose of screening 8. No exterior down spouts shall be permitted on any facade on the proposed building(s)which are visible from adjacent streets or residential and commercial areas. 9. The design, height, texture and color of building(s), fences and walls shall be submitted for review and approval prior to issuance of building permits. 1111111111111111111111111111111111111111111111111111 ill©�1© of 800of, 10. The street address numbering/lettering shall not exceed eight inches in height. 11. 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 & Building prior to the issuance of building permits. Manufacturer's cut sheets of all exterior lighting shall be submitted to and approved by the Director of Planning and Building prior to issuance of a building permit. If lights are proposed to be mounted on buildings, shielded down- lights shall be utilized. 12. The detention basins and archeological sites shall be landscaped, to the extent possible. 13. Plans meeting City standards for approval on the proposed trash and recyclable materials enclosure shall be submitted prior to issuance of a building permit. 14. Details of pool fencing (materials and color) and equipment area shall be submitted with final landscape plan. 15. Handicapped accessibility shall be indicated on the site plan to include the location of handicapped parking spaces, the main entrance to the proposed pool structure and the path of travel to the main entrance. Consideration shall be given to potential difficulties with the handicapped accessibility to the building due to the future grading plans for the property. 18. The applicant shall construct the proposed Tahquitz Drive off-site improvements as part of Phase I. 19. Restricted pool hours shall be posted.The pool shall not be used between the hours of 10 pm to 7 am. 20. The maximum building height shall be 24'. 21. The applicant shall revise the grading plan to lower the grade in the easterly portion of the project, with the objective of minimizing grade differences on site and off-site, to the greatest extent possible. 22. The applicant shall prepare a parcel map or lot line adjustment map which will divide the cemetery property including the drainage ditch from the rest of their property so that a legal parcel which could be included in a grant deed to the Tribe at the time of conveyance. 23. Any and all cost related to any conditions imposed by the City of Palm Springs on the tentative map to obtain the final map which conditions are related to the parcel to be conveyed to the Tribe would be at the expense of the Tribe. 24. The applicant shall supply an easement for pedestrian and vehicular access for the ten feet immediatelyto the east of the drainage ditch which easement will also be conveyed to the Tribe at the time of the above conveyance. 25. Such conveyance and the easement shall be deemed a gift conveyance to the Tribe. The land and easement to be used only for the protection and preservation of cultural and natural resources of the Tribe, preservation of historic cemetery grounds, preservation of open space, and the preservation of in place or respectful public display of archeological and cultural resources of the land. II II III I I II II I I 11111111111111111 II i i tf 0 z©s ee�e©n 2E of 30 26, The applicant shall not have to take any further action with respect to which of the various possible access routes the Tribe would select. 27. The applicant shall prepare a legal description of the portion that will be included within the parcel, and order a title commitment from a title company to be selected by the Drown Foundation. If based upon that title commitment the Tribe elects to have title insurance issued, the expense of a title policy will be absorbed by the Tribe. 28. The conveyance above described will take place no later than sixty days after final approval by the City of Palm Springs of a development project approved by the Drown Foundation on the remainder of the property. 29. If the conveyance does not occur within one year of the written acceptance by the Tribe of the proposal contained in this letter, then the Tribe can request that the applicant proceed with completion of a parcel map at the cost of the Tribe and when such map is recorded in the Riverside County records, the applicant will deliver the conveyance within ten days thereafter. 30. The Tribe may approve the title commitment and no conveyance will be sent to the Tribe until and unless the applicant receives a written response from the applicant that the title commitment has been approved. The title commitment will include copies of any and all exceptions to title recited therein. 31. If in the course of doing grading for construction, human burial remains are discovered, the applicant shall require the contractor and/or developer to notify the Riverside County Coroner and the Aqua Caliente Band of Cahuilla Indians Tribe Office. Once the Coroner's investigation is complete,the burial remains will be prepared for removal to a location specified by the Tribe. The actual removal of remains, and the method for such removal, shall be conducted by authorized representatives of the Tribe. To avoid delay in construction, if the Tribe has not removed the remains within 48 hours of receiving written notice from the landowner, developer or City of Palm Springs, the contractor and/or developer may arrange to have the remains removed and stored at the Palm Springs Public Cemetery for an additional period of seven(7) days. If the Tribe has not acted to take possession of the remains within that time period, the remains can then be buried at the Palm Springs Public Cemetery. 32. The gift to the Tribe is conditioned on the applicant establishing to its satisfaction that a gift to the Tribe is deductible for income tax purposes. 33. If there is a sale of remaining property,the applicant will require the Contract of Sale to contain a provision obligating the buyer therein to comply with the provisions contained herein. The Tribe will be given written notice of such sale and thereafter any underperformed provisions of this agreement shall become the obligation of the buyer therein and our client shall have no further obligation of performance. 34. The applicant will hire,attheir expense,archaeological monitor(s)recommended and approved by the Tribal Council, for all subsequent work involving any excavation related to the development of the remaining property. 35. The project materials shall include mudded two-piece clay tile roofs, smooth finished hand- troweled stucco, wooden garage doors, iron grillwork, wood shutters, metal awnings, Milgard Craftsman grid true divided light windows, and decorative color paving in the project entry, driveways and parking courts. 1111111������ �� ���� ���I�����IIIII�� ������ IIII 2�©23 £S 9e6(i 36. The applicant shall provide a sample panel of roof tile, 10'x 10'minimum size for review by the Design Review Committee prior to approval of the Final Planned Development District. 37. Priorto approval of the final subdivision map,the Conditions of approval as set forth in the letter dated April 02, 2002 from Mr. Tom Davis, Director of Planning for the Agua Caliente Band of Cahuilla Indians to the Tahquitz Venture, LLC. (formerly Drown Foundation and Bergheer California, LLC.) shall be satisfied either by conveyance or so noted by separate lot and easement of said final tract map. 38, The applicant shall restudy the termination of Tahquitz Canyon Way, prior to approval of the Final Planned Development District.The restudy shall include the relocation of the Le Vallauris trash area, provide additional parking and augment the landscaping, paving and monumentation. 39. That the second swimming pool and spa area and the larger pool area located in the center of the project are required. A formal walkway leading to the center pool area is approved. In addition, the retention area shall be fully landscaped and shall have additional passive recreation amenities. 40. Three single family lots featuring larger lot sizes are approved. Each of the three single family lots shall be developed with a custom single family residence. Each residence shall be designed to be architecturally compatible with the residences to the north. The maximum building height shall be 18 feet. The minimum setback shall be 25'from the north property line. Side yard setbacks shall be a minimum of 10 feet. These newly created lots shall be accessed through the project and would be included as part of the homeowners association. 41. Site construction shall have a limitation of construction hours from January through April and Monday through Friday, from 8:00 am to 5:00 pm and no construction activity permitted on weekends or holidays. Additionally,the developer will prepare, publish and deliver to adjacent property owners a construction phasing and construction activity schedule. This condition of approval supercedes the P.S.M.C. as noted herein only. All other provisions shall remain in effect. 42. The Tahquitz Flume and existing rock wall adjacent to Tahquitz Drive and along east property line shall be protected in place. Any damage to this wall shall be fully restored and repaired by _ the developer. Prior to issuance of grading permits, the entire wall shall be photographed and its condition documented bythe project architect. Photographs and field notes shall be provided which fully document the wall's existing condition. MITIGATION MEASURES W-1. The applicant shall construct on site detention areas and related facilities as depicted on Tentative Tract Map 29077.This includes,"Lot F",which measures just over half an acre in area (23,213 square feet). The basin is designed with a 2:1 slope, or a slope angle of 50%.The bottom of the basin is located at an elevation of 452, the top of the basin is located at an elevation of 459.On-site storm flows will be directed to a proposed retention basin located along the property's eastern boundary, which is depicted as Lot"G" on Tentative Tract Map 29077. The "Lot G" detention basin, which measures approximately one quarter of an acre in area (15,176 square feet)and features a slope of 2:1, or a slope angle of 50%.The basin is located as a buffer along the south eastern boundary of the project. In order to enhance views from the surrounding hillside areas and in orderto prevent on-going problems with erosion,the detention basins shall be landscaped. These basins shall be subject to regular landscape maintained. AQ-1. The applicant shall comply with Section 8.50 of the Palm Spring Municipal Code, Fugitive Dust II II IIIIIIIIII IIIIII IIIIII II III IIIII ©Fl 11 2 OP 00A 230 and Erosion Control (PM-10) and prepare and submit a plan to the Building Department to control fugitive dust emissions in compliance with the South Coact Air Quality Management District(SCAQMD).The plan must implement reasonably available control measures to ensure that project emissions are in compliance with the SCAQMD. T-1. The developer shall pay the "fair share" cost of a two phase signal to be located at the intersection of Tahquitz Canyon Way and Belardo Street. The fair share is to be calculated as a percentage of overall traffic growth from 2001 to 2010 at the intersection. Based on a fair share percentage of 12%,the developers contribution of the cost of the new signal is$12,000. T-2. The western terminus of Tahquitz Canyon Way shall be improved to acceptable transportation and aesthetic standards,to the satisfaction of the Director of Planning and Building and the City Engineer, and as approved by the Planning Commission. CR-1. In regards to the Native American Cemetery, if construction within the area northwest of the Tahquitz Ditch is not proposed as part of the project, the area northwest of the ditch is to be deeded to the Ague Caliente Band of Cahuilla Indians, with deed restrictions requiring that the area be maintained in an acceptable manner. CR-2. In regards to the Tahquitz Ditch segment, if construction within the area of the ditch segment is not proposed as part of the project, the area is to be deeded to the Agua Caliente Band of Cahuilla Indians, with deed restrictions requiring that the area be maintained in an acceptable manner. CR-3. In regards to the Ruined Structure, a complete excavation is recommended to determine if the structure is associated with the Tahquitz Ditch. If the Ruined Structure is determined to be related to the Tahquitz Ditch, the applicant shall submit an application to the City of Palm Springs for historic designation of the structure. ENGINEERING DEPARTMENT: The Public Works & Engineering Department recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances: Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 1. Any improvements within the street right-of-way require a City of Palm Springs Encroachment Permit.Work shall be allowed according to Resolution 17950-Restricting Street Work on Major and Secondary Thoroughfares. 2. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Department. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal shall include the following, IF applicable: A. Copy of signed Conditions of Approval from Planning Department. B. Street Vacation plat and all agreements and improvement plans approved by City Engineer, IF applicable. III II II IIII I IIII III I II III III II III III ll;2625©3f�ag30 7e30F C. Proof of processing dedications of right-of-way, easements, encroachment agreements/licenses, covenants, reimbursement agreements, etc. required by these conditions. TAHQUITZ CANYON WAY WEST 3. Construct project entry improvements and entry drive to the satisfaction of the City Engineer. 3A. Six(6)inch curb and gutter shall be constructed 7 feet south of the base centerline of the street along the Le Vallauris frontage per CPS Std. Dwg. No. 200. 3B. Three(3)parking bays(numbered 6 through 8 on TTM 29077)may be constructed with a 5 foot wide sidewalk going around the perimeter of the parking bays and continuing westerly to the project entry. 3C: Driveways for La Vallauris shall be extended to the new curb and gutter location and driveway approaches constructed per CPS Std. Dwg. No.204. 3D. The 36 foot long, 5 foot wide decorative, raised median island on the west side of the intersection with Museum Drive may be constructed. Details shall be approved by the City Engineer and the Director of Planing and Building. ON-SITE STREETS (PRIVATE) 4. Construct a 6 or 8 inch curb and gutter(as required by the hydrology study), 14 feet both sides of centerline along on-site streets, per City of Palm Springs Standard Drawing No. 200. 5. On-site vehicular turnarounds(hammerhead or similar configuration)shall be constructed at the end of all driveways accessing Lots 2 through 4, 7 through 10, 13 through 16, 19 through 22, 25 through 28, 31 through 34, 37 through 40, 43 through 48, and 50 through 52 to the satisfaction of the Fire Chief and City Engineer. 6. The minimum pavement section for all on-site streets/parking areas shall be 2-1/2 inch asphalt concrete pavement over 4-inch aggregate base with a minimum subgrade of 24 inches at 95% . relative compaction, OR equal. The pavement section shall be designed, using "R" values, determined by a licensed Soils Engineer and submitted with the Fine Grading Plan to the City Engineer for approval. 7. The following requirements for a gated entry shall be met to provide adequate setbacks and turning movements for vehicles entering the primary parking facilities of this project: A. Provide a minimum curb cut of 60 feet B. Provide a minimum 50 foot setback to the access gate control mechanism. C. Provide a turnaround after the mechanism for vehicles unable to enter the project D. Security gates shall be a minimum of 14 feet clear width in each direction. 8. On-street parking on the on-site private streets shall be prohibited by the HOA, except for parking in designated spaces off of on-site streets. The HOA shall monitor and enforce 'no parking'via the installation of'no parking'signs and painting of red curb along all on-site private 11111 III 1111111II IN 11/ 26 of M Jf9 streets. SANITARY SEWER 9. Connect all sanitary facilities to the City sewer system. Lateral shall not be connected at manhole. Sewer mains and laterals in Private Streets shall be maintained by the HOA. GRADING 10. A copy of a Title Report prepared/updated within the past 3 months and copies of record documents shall be submitted to the City Engineer with the first submittal of the Grading Plan. 11. Submit a Grading Plan prepared by a Registered Professional to the Engineering Department for plan check. Grading plan shall be submitted to the Planning Department for comments prior to submittal to the Engineering Department. The PM 10(dust control)Plan shall be submitted to and approved by the Building Division prior to approval of the grading plan.The Grading Plan shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal includes the following: A. Copy of Planning Department comments regarding the grading plan. B. Copy of signed Conditions of Approval from Planning Department. C. Copy of Site Plan stamped approved and signed by the Planning Department. D. Copy of Title Report prepared/updated within past 3 months. E. Copy of Soils Report, IF required by these conditions. F. Copy of Hydrology Study/Report, IF required by these conditions. G. Copy of the General Construction Activity Storm Water Permit from the State Water Resources Control Board (Phone No. 916 657-0687) to the City Engineer prior to issuance of the grading permit. 12. Drainage swales shall be provided adjacent to all curbs and sidewalks-3'wide and 6"deep- to keep nuisance water from entering the public streets, roadways, or gutters. 13. Developer shall obtain a General Construction Activity Storm Water Permit from the State Water Resources Control Board (Phone No. (916)-657-0687) and provide a copy of same, when executed, to the City Engineer prior to issuance of the grading permit. 14. In accordance with City of Palm Springs Municipal Code, Section 8.50.00, the developer shall post with the City a cash bond of two thousand dollars ($2,000.00) per acre for mitigation measures of erosion/blowsand relating to his property and development. 15. A soils report prepared by a licensed Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed site. A copy of the soils report shall be submitted to the Building Department and to the Engineering Department along with plans, calculations and other information subject to approval by the City Engineer prior to the issuance of the grading permit. 16, Contact the Building Department to get information regarding the preparation of the PM10(dust IIIII III III IIII II IIII (IIII I IIII II III 11 2 2 £003 20 control) Plan requirements. 17. 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 an engineered grading plan and the export of native soil from the site 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) or a verbal release from that office prior to the issuance of the City grading permit. The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive,Palm Desert. (Phone: 760-776-8208) DRAINAGE 18. The developer shall accept all flows impinging upon his land and conduct these flows to an approved drainage structure. On-site retention/detention or other measures approved by the City Engineer shall be required if off-site facilities are determined to be unable to handle the increased flows generated by the development of the site. Provide calculations to determine if the developed Q exceeds the capacity of the approved drainage carriers. 19. 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. GENERAL 20. Any utility cuts in the existing off-site pavement made by this development shall receive trench replacement pavement to match existing pavement plus one additional inch. See City of Palm Springs Standard Drawing No. 115. Pavement shall be restored to a smooth rideable surface. 21. All proposed utility lines on/or adjacent to this project shall be undergrounded prior to issuance of a Certificate of Occupancy. 22. 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. The approved original grading/street plans shall be as-built and returned to the City of Palm Springs Engineering - Department prior to issuance of the certificate of occupancy. 23. All existing and proposed utility lines that are less than 35 kV on/or adjacent to this project shall be undergrounded.The location and size of the existing overhead facilities shall be provided to the Engineering Department along with written confirmation from the involved utilitycompany(s) that the required deposit to underground the facility(s) has been paid, prior to issuance of a grading permit. All undergrounding of utilities shall be completed prior to issuance of a Certificate of Occupancy. 24. The developer is advised to contact all utility purveyors for detailed requirements forthis project at the earliest possible date. 25. Nothing shall be constructed or planted in the corner cut-off area of any driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm IIIIII IIIIII IIII IIIIIII IIIII IIIII IIII III IIIII I II III ISre0F 2 9j£08 OnFi 0 Springs Standard Drawing No. 203. 26. 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. MAP 27. The 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 Department. 28. The Title Report prepared for subdivision guarantee for the subject property and the traverse closures for the existing parcel and all areas of right-of-way or easement dedication shall be submitted to the City Engineer for review and approval with the Grant Deed. 29. The Final Map shall be prepared by a licensed Land Surveyor or qualified Civil Engineer and submitted to the Engineering Department for review. Submittal shall be made priorto issuance of grading or building permits. TRAFFIC 30. The developer shall provide a minimum of 48 inches of sidewalk clearance 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 traffic signal/safety light poles, conduit, pull boxes and all appurtenances located on the TAHQUITZ CANYON WAY WEST frontage of the subject property. 31. The developer shall re-stripe the northbound and westbound approaches to the Tahquitz Canyon Way/Belardo Road intersection to provide for two-lane approaches. The developer shall provide traffic striping plans for City Engineer approval. 32. The developer shall pay its"fair share"amount of$12,000.00 toward a future Tahquitz Canyon Way/Belardo Road traffic signal. 33. Separate striping plans are to be prepared and submitted along with street improvement plans for review and approval by the City Engineer. 34. Street name signs shall be required at each intersection in accordance with City of Palm Springs Standard Drawing Nos. 620 through 625. 35. The developer shall install a 30 inch "STOP" sign and standard "STOP BAR" and "STOP LEGEND"for traffic exiting the project site per City of Palm Springs Standard Drawing Nos.620 through 625 at the following locations: SE COR. PROJECT ENTRY @ TAHQUITZ CANYON WAY WEST 36. 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. II II I IIII III III IIII I I II I II IIII II III i uzs z3 of ry 06 Eea 37. This property is subject to the Transportation Uniform Mitigation Fee based on the MULTI- FAMILY ITE Code B land use. FIRE 1. Handicapped accessibility shall be indicated on the site plan to include the location of handicapped parking spaces, the main entrance to the proposed structure and the path of travel to the main entrance. Consideration shall be given to potential difficulties with the handicapped accessibility to the building due to the future grading plans for the property. 2. Construction shall be in accordance with the 1998 California Fire Code, 1998 California Building Code,Desert Water Agency standards,NFPA standards,plus UUCSFM listings and approvals. 3. Addresses shall be in accordance with the 1998 Building Code. 4. Palm Springs fire apparatus require an outside turning radius of 43'from centerline. An inside turning radius of 30' is required. 5. Construction site fencing is required; access gates shall be at least 14" in width and equipped with a frangible chain and lock. 6. All water supplies, standpipes, and fire hydrants shall be installed in accordance with the 1998 California Fire Code and Desert Water Agency standards. 7. An automatic fire sprinkler system with 24 hour monitoring shall be required. 8. Portable fire extinguishers are required in accordance with the 1998 California Fire Code. 9. Vertical Fire Apparatus Clearance: Palm Spring Fire apparatus require an unobstructed vertical clearance of not less than 14' - 6". 10. Road Design: Fire Apparatus access roads shall be designed and constructed as all weather capable and able to support a fire truck weighting 67,500 lbs., per the 98 CFC, Art. 9, Sec 902.2.2.2 and City of Palm Springs Ordinance 1570. 11. Building or Complex Gate Locking Devices: Gate(s)shall be equipped with KNOX key switch device or key box. Contact Fire Inspector for a KNOX application form. 12. Driveway Width: Driveways shall be a minimum of 12' of unobstructed width. 13. Site Plan: Provide Fire Inspector with two 8.5"x 11"site plans.Approved locations for the Fire Department connection and fire hydrants will be marked on this site plan,with one copy being returned to the applicant. The second copy will be retained by the Fire Department. 14. Because of the narrow width of the roadways, parking will only be allowed on one side. Red curbs restricting parking on the opposite side of the streets will be required. BUILDING 1. Prior to any construction on-site, all appropriate permits must be secured. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 202©c5©p1 ©H