HomeMy WebLinkAbout12/17/2003 - STAFF REPORTS (7) DATE: December 17, 2003
TO: City Council
FROM: Director of Public Works/City Engineer
PARCEL MAP NO. 30143
RECOMMENDATION:
It is recommended that the City Council approve Parcel Map No. 30143 for Hacker
Engineering, Inc., representing Norman L. Sirota and Niki Sirota, Cecil P. Jones, M.D. and
Margaret Bacon Jones, Esther Walker, Palm Alpha, LTD., a Limited Partnership, Douglas
C. Jones and Terrance Anne Brickey Jones to subdivide property located southwest of
Interstate 10 and Gene Autry Trail, in Section 25, Township 3 South, Range 4 East.
SUMMARY:
Hacker Engineering, Inc., representing Norman L. Sirota and Niki Sirota, Cecil P. Jones,
M.D. and Margaret Bacon Jones, Esther Walker, Palm Alpha, LTD., a Limited Partnership,
Douglas C. Jones and Terrance Anne Brickey Jones, has prepared a 3 parcel Parcel Map
for subdivision of property located southwest of Interstate 10 and Gene Autry Trail, in
Section 25, Township 3 South, Range 4 East.
BACKGROUND:
Hacker Engineering, Inc., representing Norman L. Sirota and Niki Sirota, Cecil P. Jones,
M.D. and Margaret Bacon Jones, Esther Walker, Palm Alpha, LTD., a Limited Partnership,
Douglas C. Jones and Terrance Anne Brickey Jones, requests that the property located
southwest of Interstate 10 and Gene Autry Trail, in Section 25, Township 3 South, Range
4 East, be subdivided into 3 parcels.
At its meeting of May 22, 2002, the Planning Commission recommended approval of
Tentative Parcel Map No. 30143, which was subsequently approved by the City Council,
subject to conditions, on June 19, 2002.
The owner has offered dedication to the public Lot"A"for street and public utility purposes;
and has requested, in accordance with Government Code 66499.20 Yz, abandonment of
the County Road easement across the property as shown by record recorded February 27,
1957, in Book 26, Page 9 of Records of Survey. It has been determined that required
conditions have been satisfied, that Parcel Map No. 30143 is in substantial conformance
with the approved Tentative Parcel Map, and that Parcel Map No. 30143 is ready for City
Council approval.
SUBMITTED:
DAVID J. BARAKIAN
Director of Public Works, City Engineer
APPRt�ED
DAVID H. READY ' IIUn
City Manager
ATTACHMENTS: 1. Resolution, 2. Map, 3. Subdivision Agreement
SUBDIVISION IMPROVEMENT AGREEMENT
by and between
CITY OF PALM SPRINGS
and
PALM ALPHA, LTD, A LIMITED PARTNERSHIP
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 Changes in the Work.............................................. 2
1.6 Defective Work....................................................... 2
1.7 No Warranty by City............................................... 2
1.8 Authority of the City Engineer................................ 2
1.9 Inspection............................................................... 2
1.10 Compliance with Law............................................. 3
1.11 Final Acceptance of Works of Improvement........... 3
2. Time for Performance....................................................... 3
2.1 Commencement and Completion Dates................. 3
2.2 Force Majeure......................................................... 3
2.3 Continuous Work.................................................... 3
2.4 Time of the Essence................................................ 4
3. Labor................................................................................. 4
3.1 Labor Standards...................................................... 4
3.2 Nondiscrimination................................................... 4
3.3 Licensed Contractors.............................................. 4
3.4 Workers' Compensation.......................................... 4
4. Security............................................................................. 4
4.1 Required Security.................................................... 4
4.2 Form of Security Instruments.................................. 5
4.3 Subdivider's Liability................................................ 6
4.4 Letters of Credit....................................................... 6
4.5 Release of Security Instruments.............................. 6
5. Cost of Construction and Provision of Inspection
Service............................................................................... 6
5.1 Subdivider Responsible for All Related Costs of
Construction............................................................ 6
5.2 Payment to City for Cost of Related Inspection
and Engineering Services........................................ 7
6. Default............................................................................... 7
ii
6.1 Remedies Not Exclusive.......................................... 7
6.2 City Right to Perform Work...................................... 7
6.3 Attorney's Fees and Costs....................................... 7
7. Indemnity.......................................................................... 7
8. General Provisions............................................................. 8
8.1 Successors and Assigns.:.......*—*...........*............— 8
8.2 No Third Party Beneficiaries.................................... 8
8.3 Entire Agreement; Waivers and Amendments....... 8
9. Corporate Authority........................................................... 8
iii
SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT(this"Agreement") is entered
into this 7th day of September, 2003, by and between the CITY OF PALM SPRINGS, a
municipal corporation of the State of California ("CITY"), and Palm Alpha, Ltd, a Limited
Partnership ("Subdivider").
RECITALS
A. Subdivider is the owner of, and have obtained approval of a subdivision map
for Parcel Map No. 30143 in the City of Palm Springs, County of Riverside, State; of
California(the"Property"). The map contains conditions of approval forthe 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 agreementto construct and install the Monumentation pursuaritto
this Agreement is a material consideration to City in approving the final map forthe 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 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"), as the same may be supplemented and revised from time
to time as set forth herein(said map,togetherwith all related documents, are referred
to herein as the "Map"). The estimated construction cost for the Monumentation is
4 500.00.
1.2 Intent of Map. Approval of the Map referenced in Section 1.1 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 riot
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. Intheeventofany
1 � A5
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.
1.3 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.Subdividershall provide security for such obligation as provided
in Section 4.1(a)(iii) and, after setting the monument(s), Subdividershall 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).
1.4 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 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 orderextra 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 protectthe public health,safety,orwelfare.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.
1.6 Defective Work. Subdivider shall cause their contractor to repair,
reconstruct, replace, or otherwise make acceptable any work found by the City
Engineer to be defective.
1.7 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.
1.8 Authority of the City Engineer. In addition to the authority granted to the
City Engineer elsewhere in this Agreement,the City Engineershall 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.
1.9 Inspection. The inspection of the work by City shall not relieve Subdivider
or the contractor of any obligations to fulfill this Agreement as herein provided, and
unsuitable materials or work maybe rejected notwithstanding that such materials or
work may have been previously overlooked or accepted. (1II
2 � No
1.10 Compliance With Law. In addition to the express provisions of this
Agreement and the Map, Subdivider shall cause construction of the setting of
Monumentation to be completed in accordance with all other applicable federal,state,
and local laws, ordinances, rules and regulations.
1.11 Final Acceptance of Monumentation. After Subdivider's contractor has
completed all of the Monumentation, Subdivider shall then request a final inspection
of the work. It items are found by the inspectorto be incomplete or not in compliance
with this Agreement or any of the requirements contained or referenced herein, City
will inform the contractor of such items. After the contractor has completed these
items, the procedure shall then be the same as specified above for the contractor's
initial request for final inspection. If items are found by City's inspector to be
incomplete or not in compliance aftertwo(2)"final"inspections, City may require the
contractor,as a condition to performing furtherfield 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 setting of
Monumentation shall be construed as final acceptance of any part until the overall final
acceptance by City is made and the Engineer of Record has submitted written
confirmation to the Citythatthe Monumentation has been set and he has been paid in
full for said work. Final acceptance shall not constitute a waiver by City of defective
work subsequently discovered.
2. Time for Performance.
2.1 Commencement and Completion Dates. Subject to Section 2.2 and 2.3
below,Subdividershall(i)commence with installation of the Monuments when the final
grading and street improvements have been completed ("Commencement Date");
and(ii)complete or cause to be completed all of the Setting of Monumentation 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 (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 longerthan five(5)days priorto
City's receipt of a written notice from Subdivider or its Contractor detailing the
grounds for Subdivider's claim to a rightto 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
3 �� A q
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 bythe 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 priorto 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"):
(i) A Security Instrument guaranteeing the payment of the cost of
setting monuments as required in Section 1.4 in the amount of
4 500.00.
This Agreement shall not be effective for any purpose until such Security
Instruments are supplied to and approved by City in accordance herewith.
4 6R
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 ofA-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 letterof 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 their 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 accordancewith Section 2.1 (otherthan 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.
5 �49
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 Cityfrom such realization of any Security
Instrument. Notwithstanding the giving of any Security Instrument orthe subsequent
expiration of any Security Instrument or any failure by any surety or financial institution
to perform its obligations with respectthereto,Subdividershall be personally liable for
performance under this Agreement and for payment of the cost of the labor and
materials for the improvements required to be constructed or installed hereby and
shall,within ten(10)days afterwritten demand therefor,deliverto City such substitute
security as City shall require satisfying the requirements in this Section 4.
4.4 Letters of Credit.
(a) In the event a letter of credit is given pursuant to Section 4.2(b), City
shall be entitled to draw on any such letter of credit if a replacement letter of
credit (expiring in not less than one (1) year, unless City agrees to a lesser
term in City's sole and absolute discretion) is not delivered not less than thirty
(30) days prior to the expiration of the original letter of credit, such substitute
letter of credit being in the same amount and having the terms and conditions
as the initial letter of credit delivered hereunder, issued by a financial institution
acceptable to City as of the date of delivery of the replacement letter of credit.
(b) In the event of draw by the City on a letter of credit, the City may
elect, in its sole and absolute discretion,to apply any such funds drawn to the
obligations secured by such letterof credit or to hold such funds in an account
underthe 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 anytime 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.
6 � AID
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 setting
of Monumentation. 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 setting of Monumentation until all Cityfees and charges have
been fully paid, including without limitation, charges for applicable penalties and
additional required inspections.
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 recoverfrom Subdivider or any Security Instrument,
or both, the full cost and expense thereby incurred by City.
6.3 Attorneys 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 eventofanydispute arising out of
Subdivider's performance of its obligations underthis 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 respectto 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
7 � All
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 pursuantto 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 Assigns. This Agreement shall be binding upon all
successors and assigns to Subdivider's right,title,and interest in and to the Property
and any portion thereof.
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 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.
8 6 �;�
IN WITNESS WHEREOF, the parties hereto have executed this Subdivision
Improvement Agreement as of the date first above written.
DATED:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By
Patricia A. Sanders, City Clerk David Ready, City Manager
RECOMMEND BY:
David J. Barakian, Director of Public Works/City Engineer
SUBDIVIDER:
Palm Alpha. Ltd. a Limited Partnership
(Check One: _ individual, X partnership,
corporation)
(Notarize Signature) By:
Jam A. Miller, General Partner
"Subdivider"
Mailing Address:
Attention: James A. Miller
39360 Mirage Circle
Palm Desert, CA 922 1 1-1 932
9
State of California )
)ss.
County of Riverside )
On October 22 2003 before me,_ Carrie Roynev, Notary Public
Date Name and Title of Officer
personally appeared -------------------- -- James A. Miller --------------------_,
Name(s)of Signer(s)
■ proved to me on the basis of satisfactory evidence
to be the person(s)whose name(s)is/are subscribed to the
within instrument and acknowledgment to me that
,.� Ca"W00#1 he/shekhey executed the same in hisfher*heir authorized
QeBMW cam capacity6es), and that by his/her/dreir signatures(s)on the
MVQM"•hPNftMOr26, instrument the person(s),or the entity upon behalf of which
the person(O acted, executed the instrument.
WITNESS my hand and official seal
Signatwe0 o Iblic
State of California )
)ss.
County of Riverside )
On before me,
Date Name and Title of Officer
personally appeared
Name(s)of Signer(s)
❑personally known to me
❑proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledgment to me that
he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signatures(s)on the
instrument the person(s),or the entity upon behalf of which
the person(s) acted, executed the instrument.
WITNESS my hand and official seal
Signature of Notary Public /
RESOLUTION NO.
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING PARCEL MAP NO.
30143 FOR PROPERTY LOCATED SOUTHWEST OF
INTERSTATE 10 AND GENE AUTRY TRAIL, IN SECTION 25,
TOWNSHIP 3 SOUTH, RANGE 4 EAST
WHEREAS the Planning Commission, at its meeting of May 22, 2002, recommended
approval of Tentative Parcel Map No. 30143 requested by Hacker Engineering, Inc.,
representing Norman L. Sirota and Niki Sirota, Cecil P. Jones, M.D. and Margaret Bacon
Jones, Esther Walker, Palm Alpha, LTD., a Limited Partnership, Douglas C. Jones and
Terrance Anne Brickey Jones, for the above described property; and
WHEREAS the City Council at its meeting of June 19, 2002, approved Tentative Parcel
Map No. 30143 subject to conditions; and
WHEREAS the owner offers for dedication to the public Lot "A" street and public utility
purposes; and
WHEREAS, in accordance with Government Code 66499.20 Y2, the owner requests
abandonment of an existing County Road easement across the property, as shown by
record recorded February 27, 1957, in Book 26, Page 9 of Records of Survey, an easement
which has never been used by the public.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs as
follows:
1. That Parcel Map No. 30143 is in substantial conformance with approved Tentative
Parcel Map No. 30143; and
2. That requisite conditions associated with Tentative Parcel Map No. 30143 have
been satisfied; and
3. That Parcel Map No. 30143 is in conformance with the General Plan; and
4. That Parcel Map No. 30143 conforms to all requirements of the Subdivision Map Act
of the State of California; and
5. That the offer of dedication to the public on Parcel Map No. 30143 shall be
accepted by the City Clerk of the City of Palm Springs; and
6. That the County Road easement across the property, as shown by record recorded
February 27, 1957, in Book 26, Page 9 of Records of Survey, is hereby abandoned;
and
7. That the City Manager is hereby authorized to enter into a Subdivision Improvement
Agreement with the subdivider and to accept subdivision improvement security in
conformance with the requirements therein for setting of parcel map
monumentation; and
8. That the City Clerk shall cause to have recorded with the Riverside County
Recorder the Subdivision Improvement Agreement; and
9. That Parcel Map No. 30143 is hereby approved for purposes therein defined.
�, A
Resolution No.
ADOPTED this 17`h day of December, 2003.
AYES:
NOES:
ABSENT:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By
City Clerk City Manager
REVIEWED &APPROVED AS TO FORM:
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