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HomeMy WebLinkAbout11/5/2003 - STAFF REPORTS (9) DATE: November 5, 2003 TO: City Council FROM: Director of Public Works/City Engineer FINAL MAP NO. 31256 RECOMMENDATION: It is recommended that the City Council approve Final Map No. 31256 for Fomotor Engineering, representing Alejo Caballeros, LLC, a California Limited Liability Company, to subdivide property located at 977 E.Alejo Road, in Section 14, Township 4 South, Range 4 East. SUMMARY: Fomotor Engineering, representing Alejo Caballeros, LLC, a California Limited Liability Company, has prepared a one lot Tract Map for condominium purposes located at 977 E. Alejo Road, in Section 14, Township 4 South, Range 4 East. BACKGROUND: Fomotor Engineering, representing Alejo Caballeros, LLC, a California Limited Liability Company, requests that the property located at 977 E.Alejo Road, in Section 14, Township 4 South, Range 4 East, be subdivided into one lot for condominium purposes. A total of fourteen condominium units will be constructed as part of this project. At its meeting of June 11, 2003, the Planning Commission approved Tentative Tract Map No. 31256,which was subsequently approved by the City Council, subject to conditions, on July 2, 2003. The owner offers for dedication to the City of Palm Springs Lot "A" for street and public utility purposes with right of ingress and egress for service and emergency vehicles and personnel, and dedication to the City of Palm Springs easements for pedestrian access and bicycle path purposes over Lots "B" and "C" It has been determined that required conditions have been satisfied, that Final Map No. 31256 is in substantial conformance with the approved Tentative Tract Map, and that Final Map No. 31256 is ready for City Council approval. SUBMITTED: APPROVEDa-� — DAVID J. BARAKIAN DAVID H. READ Director of Public Works, City Engineer City Manager ATTACHMENTS: 1. Resolution 2. Map 3, Subdivision Agreement � D� SUBDIVISION IMPROVEMENT AGREEMENT by and between CITY OF PALM SPRINGS and ALEJO CABALLEROS, LLC A CALIFORNIA LIMITED LIABILITY COMPANY TABLE OF CONTENTS 1.Construction Obligations........................................................... 1 1.1 Works of Improvement........................................... 1 1.2 Other Obligations Referenced in Conditions of Tentative Map Approval......................................... 2 1.3 Intent of Plans........................................................ 2 1.4 Survey Monuments................................................ 2 1.5 Performance of Work.............................................. 2 1.6 Changes in the Work.............................................. 2 1.7 Defective Work....................................................... 2 1.8 No Warranty by City............................................... 3 1.9 Authority of the City Engineer................................ 3 1.10 Documents Available at the Site............................ 3 1.11 Inspection............................................................... 3 1.12 Compliance with Law............................................. 3 1.13 Suspension of Work............................................... 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 P143 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 SUBDIVISION IMPROVEMENT AGREEMENT THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is entered into this day of , 2003, by and between the CITY OF PALM SPRINGS, a municipal corporation of the State of California ("CITY"), and Alejo Caballeros, LLC, a California Limited Liability Company ("Subdivider"). RECITALS A. Subdivider is the ownerof, and has obtained approval of a subdivision map for Tract No. 31256 in the City of Palm Springs, County of Riverside, State of California (the "Property"). The map contains conditions of approval for the development of the Property (the "Conditions"). B. Pursuant to the Conditions, Subdivider, by the Map, has offered dedication to the City of Palm Springs Lot"A"for street and public utility purposes with right of ingress and egress for service and emergency vehicles and personnel, and dedication to the City of Palm Springs easements for pedestrian access and bicycle path purposes over Lots"B"and "C". 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 for the Property and permitting development of the Property to proceed, Subdivider agrees to timely perform all of its obligations as set forth herein. 1. Construction Oblations. 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 $302,500.00. 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 Chancres 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, 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. 1.7 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 /p f}b 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 whether or notthe 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 anytime 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 E=ngineer 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 1a29 � shall then be the same as specified above for the contractor's initial request for final inspection. If items are found by City's inspectorto 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 /0/ 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 5 /ZV 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 $302 500.00 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 $151,250.00 equal to 50% of the estimated construction cost referenced in Section 1.1. (iii) A Security Instrument guaranteeing the payment of the cost of setting monuments as required in Section 1.4 in the amount of$1,000.00 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$45,375.00 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 1041D 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 (arid the Security Instrument shall so provide). (ii) Each Security Instrument shall have a minimum term of one (1) year after the deadline forSubdivider'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 Subdividers 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 prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit delivered hereunder, issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit. (b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon forthe benefit of the Subdivider. If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as provided in the foregoing. Subdivider agrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City's security interest in such account. 4.5 Release of Security Instruments. (a) City shall release the Faithful Performance Security Instrument and Labor and Materials Security Instrument when all of the following have occurred: (i) Subdivider has made written request for release and provided evidence of satisfaction of all other requirements in this Section 4.5; (ii) the Works of Improvement have been accepted; (iii)Subdividerhas delivered the Maintenance and Warranty Security Instrument; and (iv) subject to the following sentences after passage of the time within which lien claims are required to be made pursuant to Article 3 (commencing with Section 3114) of Chapter 2 of Title 15 of Part IV of Division 3 of the California Civil Code. If lien claims have been timely filed, City shall hold the Labor and Materials Security Instrument until such claims have been resolved, Subdivider has provided a statutory bond, or otherwise as required by applicable law. (b) City shall release the Maintenance and Warranty Security Instrument upon Subdivider's written request upon the expiration of the warranty period, provided no claims are outstanding at that time regarding defective work. 5. Cost of Construction and Provision of Inspection Service. 5.1 Subdivider Responsible for All Costs of Construction. Subdivider shall be responsible for payment of all costs incurred for construction and installation of the Works of Improvement. In the event Subdivider is entitled to reimbursement from City for any of the Works of Improvement, such reimbursement shall be subject to a separate Reimbursement Agreement to be entered into between Subdivider and City prior to construction of the works. 5.2 Payment to City for Cost of Related Inspection and Engineering Services. Subdivider shall compensate City for all of City's costs reasonably incurred in having its authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Subdivider shall compensate City for all design, plan check, evaluating any proposed or agreed-upon changes in the work. The procedures for deposit and payment of such fees shall be as established by the City Council. In no event shall Subdivider be entitled to additional inspections or a final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections. 6. Acceptance of Offers of Dedication. The City Council shall pass as appropriate resolution or resolutions accepting all offers of dedication shown on the Map for the 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 lohl P�- settlement of fill or backfill occurs, or should any portion of the Works of Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen (15) days after written notice of such defects, or within such shorter time as may reasonably be determined by the City in the event of emergency, shall commence to repair or replace the same together with any other work which may be damaged or displaced in so doing. Should Subdivider fail to remedy defective material and/or workmanship or make replacements or repairs within the period of time set forth above, City may make such repairs and replacements and the actual cost of the required labor and materials shall be chargeable to and payable by Subdivider. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law. 8. Default. 8.1 Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, such remedy shall be in addition to, and not exclusive of, City's right to pursue any other administrative, legal, or equitable remedy to which it may by entitled. 8.2 City Right to Perform Work. In addition to whatever other rights or remedies it may have for Subdivider's default hereunder, in the event Subdivider shall fail to timely perform any work required to be performed under this Agreement and such failure shall continue for a period of twenty (20) days after receipt of written notice of default from City, or thereafter Subdivider shall fail to diligently and continuously pursue the cure of any such default to completion, City shall have the right to enter into the Property and perform any of the uncompleted work by force account or contract or both and thereupon recover from Subdivider or any Security Instrument,or both,the full cost and expense thereby incurred by City. 8.3 Attorney's Fees and Costs. In the event that Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney's fees. In the event of any dispute arising out of Subdivider's performance of its obligations under this Agreement or tinder 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 /p ,� 1 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 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. 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. 10 /DIW 1�` IN WITNESS WHEREOF, the parties hereto have executed this Subdivision Improvement Agreement as of the date first above written. ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By Patricia A. Sanders, City Clerk David Ready, City Manager APPROVED AS TO FORM: City Engineer SUBDIVIDER: Alejo Caballeros, LLC, a California Limited Liability Company By: Dennis L. Freeman, its Managing Member (Check One: _individual, _partnership, X corporation) By: b 6 Signature By: Dennis L. Freeman. Name and Title Mailing Address: 72880 Fred Waring Drive, Suite C-13 Palm Desert, CA 92260 ALL-PURPOSE ACKNOWLEDGMENT State of CAPACITY CLAIMED BY SIGNER County of ❑ INDIVIDUAL(S) On w�( � ❑ CORPORATE r� U� before - / ) -�✓_ OFFICER(S) Date _ /p( "�Tit�tle of Officer TITLE(S) personally appeared 2<4 �- ! LC f/(i( E[ Gig ❑ PARTNER(S) NAME(S) OF SIGNER(S) ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) rserially known to me -OR- ❑ SUBSCRIBING WITNESS ❑ GUARDIAN/CONSERVATOR ❑ proved to me on the basis of satisfactory evidence to be the persons(s) whose name(s) 'gr/ �� ���O�T�H�EP149A.(,[A i is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s)or the entity upon behalf of which the persons(s)acted,executed the instrument. SIGNER IS REPRESENTING: :1111111 IIYIIIIIII IIIIII III II1111111111111� ti w+w„� KIM BUTLER (t'/ � GC4if�L/LIY.J Witness and official seal. a s' .... comet.iC000v Z /Notary Public-Colifornia> z ` Riverside mmis County My Commission Expires� Febr,uort 26,2005 u�u nnllumn nnuluunu: Signature of Notary ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Docmnent� MUST BE ATTACHED TO THE DOCUMENT Number of Pages DATE of DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other Than Named Above /��4v EXHIBIT "A" TENTATIVE TRACT MAP 31256 CONDITIONS OF APPROVAL Y � ) PROVED BY PLANNIINN�I3////C1;1U��MMlas7uh SOO 9_L w Dats_�y / Initial EXHIBIT A APPROVED BY CITY COUNCIL TENTATIVE TRACT MAP 31256 "rs' l??oat® Initiate' CASE 3.2348 � - _-ALEJO/VABALLERGSaCO d77 ALEJO ROAD EAST TENTATIVE TRACT MAP AND MAJOR ARCHITECTURAL- CONDITIONS OF APPROVAL June 11, 2003 Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the.Director of Planning,the Chief of Police,the Fire Chief or their designee, depending on which department recommended the condition. Any agreements,easements or covenants required to be entered into shall be in a form approved by the City Attorney. 1 a. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 1 b. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body,advisory agencies, or administrative officers concerning TTM 31256. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails.to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense,the applicant shall not,thereafter,be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so,the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgement or failure to appeal, shall not cause a waiver-of the indemnification rights herein. 2. That the property owner(s) and successors and assignees in interest shall maintain and repairthe improvements including and without limitation sidewalks,bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line,, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition,free from Waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having IL , jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property it required by the City. 3. Architectural approval shall be valid for a period of two(2)years. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. 4. The appeal period for an Architectural Approval and Tentative Tract Map application is 15 calendar days form the date of project approval. Permits will not be issued until the appeal period has concluded. 6. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning and Zoning prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. 7. Final landscape plans shall include the following design elements: a) The site shall include an added design element (landscape or other decorative element)on the site to soften the we interior street end. b) The landscape shall be bermed adjacent to the wall on Avenida Caballeros. c) Larger pavers shall be used on the decorative paving portions. d) All plantftree container sizes shall be included on the final landscape plan. e) 1Ali interior walkways shall be straight with angles rather than curved. 8. Prior to issuance of a grading permit, a Fugitive.Dust and Erosion Control Plan shall be submitted and approved by the Building Official." Refer to Chapter 8.50 of the Municipal Code for specific requirements. 9. The grading plan shall show the disposition of all cut and fill materials. Limits of site disturbance shall be shown-arid all disturbed areas shall be fully restored or landscaped. . 10. Drainage swales shall be provided adjacent to all curbs and sidewalks-3'wide and 6"deep. The irrigation system shall be field tested prior to final approval of the project. Section 14.24.020 of the Municipal Code prohibits nuisance water from entering the public streets, roadways or gutters. 11. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Engineering specifications. 12. In addition to shade trees planted in the landscaped right-of-way adjacent to Avenida Caballeros the applicant shall provide filifera palm trees planted in groupings of two approximately every 60 feet. 13. The applicant prior to issuance of building permits shall submit a draft declaration of covenants,conditions and restrictions("CC&R's")to the Director of Planning and Building for approval in a form to be approved by the City Attorney,to be recorded prior to certificate of occupancy. The CC&R's shall be enforceable by the City,shall not be amended without City approval, shall require maintenance of all property in a good condition and in accordance With all ordinances. The applicant shall submit to the City of Palm Springs, a deposit in the amount of$2000,for the review of the CC&R's by the City Attorney. A$250 filing fee shall also be paid to the City Planning Department for administrative review purposes. 14, Separate architectural approval and permits shall be required for all signs. A detailed sign program shall be submitted for review and approval by the Planning Commission prior to issuance of building permits. 15. All materials on the flat portions of the roof shall be earth tone in color. 16. All roof mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Section 93.03.00 of the Zoning Ordinance. The screening shall Pe 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. 17. No exterior downspouts shall be permitted on any facade on the proposed building(s)which are visible from adjacent streets or residential and commercial areas. 18. 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. 19. The street address numbering/lettering shall not exceed eight inches in height. 20. An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00, Outdoor Lighting Standards, shall be submitted for reviewand approval by the Director of Planning & Building prior to the issuance of building permits. Manufacturer's cut sheets of all exterior lighting on the building, in the landscaping, and in the parking lot shall be submitted for approval prior to issuance of a building pen-nit. If lights are proposed to be mounted on buildings, down-lights shall be utilized. A photometric study shall be required for all parking .areas, driveways and entries. 21. Parking lot light fixtures shall align with stall striping and shall be located two to three feet from curb face. 22. The applicant shall submit plans meeting City standard for approval on the proposed trash and recyclable materials enclosure prior to issuance of a building permit or submit a letter from the municipal waste disposal service stating that individual household refuse pickup is acceptable. 23. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art.The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee,the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial projects or 1/4% for residential projects with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site,said location shall be reviewed and approved by the Director of Planning and jo�a� Building and the Public Arts Commission,and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. 24, Detail of perimeter fencing and entry gate shall be submited at the time of final landscape plan submittal. 25. Prior to the issuance of building permits, locations of all telephone and electrical boxes must be indicated on the building plans and must be completely screened and located in the interior of the building. Electrical transformers must be located toward the interior of the project maintaining. a sufficient distance from the frontage(s) of the project. Said transformer(s) must be adequately and decoratively screened. 26. Shading requirements for parking lot areas as set forth in Section 93.06.00 of the Zoning Ordinance shall be met. Details to be provided with final landscape plan. 27. Parking stalls shall be delineated with a 4 to 6 inch double stripe or equivalent design - hairpin or elongated "U" design. Individual wheel stops shall be prohibited; a continuos 6" barrier curb shall provide wheel stops. 28. Two handicapped spaces shall be provided. Handicapped accessibility shall be indicated on the site plan to include the location of handicapped parking spaces and the path of travel to the entry ways. 29. Standard parking spaces shall be 17 feet deep by 9 feet wide; compact sized spaces shall be 15 feet deep by 8 feet wide. Handicap parking spaces shall be 18 feet deep by 9 feet wide plus a 5 foot walkway at the right side of the parking space; two handicap spaces can share a common walkway. One in every eight accessible spaces, but not less than one, shall be served by an 8 foot walkway on the right side and shall be designated "van accessible". 30. Compact and handicapped spaces shall be appropriately marked per Section 93.06.00(C) (10). . 31. Curbs shall be installed at a minimum of five(5)feet from face of walls,fences, buildings, or other structures. Areas that are not part of the maneuvering area shall have curbs placed at a minimum of two (2)feet from the face of walls, fences or buildings adjoining driveways. 32. The developer shall submit a letter from the waste disposal service verifying that trash cans are acceptable for project waste management prior to issuance of building permits. 33. Prior to any ground disturbing activity, including clearing and grubbing, installation of utilities, and/or any construction related excavation, an Archaeologist qualified according to the Secretary of the Interior's Standards and Guidelines, shall be employed to survey the area for the presence of cultural resources identifiable on the ground surface. 34. Given that portions of the project area are within an alluvial formation,the possibility of buried resources is increased. A Native American Monitor shall be present during all ground- disturbing activities and that, should buried deposits be encountered, that the Monitorhave the authority to halt destructive construction and that the Monitor notify a Qualified /Q, a/ Archaeologist to investigate and,if necessary, prepare a mitigation plan for submission to the State Historic Preservation 6fFcer and the Agua Caliente Band of Cahuilla Indians. 35. One copy of any cultural resource documentation generated in connection with this project, including reports of investigations, record search results and site records/updates shall be forwarded to the Tribal Planning, Building, and Engineering,Department. 36. Applicant shall be required to pay all Agua Caliente Band of Cahuilla Indians planning fees associated with this development. POLICE DEPARTMENT 1. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT 1. Prior to any construction on-site, all appropriate permits must be secured. FIRE 1. Building or Complex Gate Locking Devices: Locked gate(s)shall be equipped with a KNOX key switch device or Key box. Contact the fire department at 323-8186 for a KNOX application form. (902.4 CFC) 2. Automatic Fire Sprinklers:An approved, automatic Fire Sprinkler System is required. 3. Water Systems and Hydrants: Underground water mains and fire hydrants shall be installed, completed, tested and in service prior to the time when combusitble materials are delivered to the construction site. (903 CFC). Prior to final approval of the installation,contractor shall submit a completed Contractor's Material and Test Certificate to the fire department. (9-2.1 NFPA 24) 4. Fire Extinguisher Requirements:Provide one 2-A:10-B:C portable fire extinguisher to revery 75 feet of floor or grade travel distance for normal hazards. Show proposed extinguisher locations on the plans. (1002.1 CFC) Extinguishers shall be mounted in a visible, accessible location 3 to 5 feet above floor level and recessed into the building. Preferred location is in the path of exit travel near an exit door. 5. Fire Alarm System: Fire Alarm System required. Installation shall comply with the requirements of NFPA 72. 6. Trash Container Protection: Trash container space is within 5 feet of. the building wall. Provide information on the type and size of trash container to be stored there. If it is a dumpsterwith a capacity of 1.5 cubic yards or greater,then the enclosure must be protected by an approved automatic fire sprinkler. (1103.2.2 CFC) 1oAa� a •' � f ENGINEERING Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS I. Any improvements within the street right-of-way require ,a City of Palm Springs' Encroachment Permit. 2. Submit street improvement plans prepared bya Registered Civil Engineerto the Engineering Division.The plan(s)shall be approved bythe City Engineer priorto issuance of any grading or building permits. ALEJO ROAD 3. Dedicate an additional right-of-way of 10 feet to provide the ultimate half street width of 50 feet along the entire frontage,together with a property line-corner cut-back at the northeast corner of the subject property in accordance with City of Palm Springs Standard Drawing No. 105. 4. Remove the existing asphalt concrete berm and curb return, and construct an 8 inch curb and gutter located 38 feet south of centerline along the entire frontage, with a 35 feet radius curb return at the southwest comer of the intersection of Alejo Road and Avenida Caballeros in accordance with City of Palm Springs Standard Drawing No. 200 and 206, 5. Remove the existing catch basin located at the southwest corner of the intersection of Alejo Road and Avenida Caballeros and remove the associated storm drain lateral; and reconstruct a new inlet catch basin located 38 feet south of centerline at the new beginning of curb return (BCR)at the southwest corner of the intersection of Alejo Road and Avenida Caballeros in accordance with City of Palm Springs Standard Drawing No. 700; and construct a new storm drain lateral connection to the existing 60" R.C.P. storm drain. The new storm drain lateral connection may require modification of the entire lateral to the opposite catch basin located on the north side of Alejo Road, All removals and installations shall be shown on storm drain improvement plans prepared by a Registered,Civil Engineer and submitted to the Engineering Department and Riverside County Flood Control District for review and approval. 6. Remove the existing iuminaire located at the southwest corner of the intersection of Alejo Road and Avenida Caballeros. Provide and install a new 9,500lumen high pressure sodium vapor safety street light with glare shield on a marbelite pole at the southwest comer of the intersection of Alejo Road and Avenida Caballeros with the mast arm over Alejo Road. The developer'shall coordinate with Southern California Edison for required permits and work orders necessary to provide electrical service to the new street light. 7. Construct a 50 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 205. The centerline of the driveway approach shall be located approximately 280 feet west of the centerline of Avenida Caballeros as shown on the approved site plan. The raised median island shall be located onsite and not within public right-of-way. 8. Construct a 12 feet wide meandering combination sidewalk and bicycle path along the entire East Alejo Road frontage. The construction shall be adjacent to the curb with colored Portland Cement concrete. The admixture shall be Palm Springs Tang Desert Sand, or approved equal color by the Engineering Division. 9. Easements shall be granted for the portions of proposed meandering sidewalk and bicycle path that leave the public right-of-way. 10. Construct a Type A curb ramp meeting current California State Accessibility standards at the southwest corner of the intersection of Alejo Road and Avenida Caballeros in accordance with City of Palm Springs Standard Drawing No. 212. 11. Construct a Type C curb ramp at each side of the main entrance driveway, in accordance with City of Palm Springs Standard Drawing No. 214. 12. Remove and replace existing pavement with a minimum pavement section of 5 inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction from edge of proposed gutter to clean sawcut edge of pavement along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 340. If an alternative pavement section is proposed,,the proposed pavement section sliall be designed by a California registered Geotechnical Engineer using"R"values from the project site.and submitted to the City Engineer for approval. AVENIDA CABALLEROS 13. . Remove the existing curb and curb return, and construct a 6 inch curb and gutter located 42 feet west of centerline along the entire frontage, with a 35 foot radius curb return at the southwest corner of the intersection of Avenida Caballeros and Alejo Road, in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 14. Construct a 26 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 201. The centerline of the driveway approach shall be located approximately 185 feet south of the centerline of Alejo Road as shown on the approved site plan. 15. Construct an 8 feet wide sidewalk along the entire frontage. The construction shall be adjacent to curb with colored Portland Cement concrete. The admixture shall be Palm .Springs Tan, Desert Sand, or approved equal color by the Engineering Division. 16'. Easements shall be granted for the portions of proposed bicycle path that leave the public right-of-way.. 17. Construct a 14-feet wide landscaped, raised median island as specified by the City Engineer from Alejo Road southerly along the Avenida Caballeros frontage. Provide a 100 feet long left turn pocket at Alejo Road. The overall length of the median shall be approved by the Director of Planning&Zoning. The median nose width shall be constructed 4 feet wide and shall have cobblestone paving. The left turn pocket shall be designed in accordance with Section 405 of the current edition of the Caltrans Highway Design.Manual, as approved by the City Engineer. Developer shall annex the property to an existing City Landscape E Maintenance District for maintenance of the future landscaped median island and pay all associated fees for the annexation if a District exists at the time the median is constructed. 18. Remove and replace existing pavement with a minimum pavement section of 5 inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction from edge of'proposed gutter to clean sawcut edge of pavement along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 340. If an alternative pavement section is proposed, the proposed pavement section shall be designed bya California registered Geotechnical Engineer using"R"values from the project site and submitted to the City Engineer for approval. ALEJO VISTA(PRIVATE STREET) 19. The on-site private street shall consist of a 26 feet wide two-way street as shown on the approved site plan. All on-site private streets shall be constructed with a minimum pavement section of 2%, inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95%relative compaction.Provisions for drainage of private streets, including curbs and gutters, shall be provided to the satisfaction of the City Engineer. If an alternative'pavement section is proposed,the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "IT'values from the project site and submitted to the City Engineer for approval. 20. Parking shall be prohibited along the private street except-for designated parking areas. SANITARY SEWER 21. All sanitary facilities shall be connected to the public sewer system. Laterals shall not be connected at manholes. 22. Construct an on-site (private) sewer system to collect and convey sewage through a maximum of one lateral to the sewer main located in Avenida Caballeros. 23; All on-site sewer systems shall be privately maintained by a Home Owners Association (HOA)..Provisions for maintenance of the on-site sewer system acceptable to the City Engineer shall be included in the Codes, Covenants,and Restrictions(CC&R's)required for this project. GRADING 24. Submit a Precise Grading Plan prepared by a California registered Civil Engineer or qualified Architect to the Engineering Division for review and approval.The Precise Grading plan shall be submitted to the Planning Department for approval to submit for plan check, prior to submittal to the Engineering Division. A PM 10(dust control)Plan shall be submitted to and approved by the Building Department .prior to approval of the Precise Grading plan. The Precise Grading Plan shall be approved by the City Engineer prior to issuance of any grading or building pen-nits. Minimum submittal includes the following: A. 'Planning Department approval to submit for plan check. l��as 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 current Title Report. E. Copy of Soils Report. 25. 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. 26. A,National Pollutant Discharge Elimination System(NPDES)stormwater permit, issued from the California Regional Water Quality Control Board(Phone No. 760-346-7491) is required for the proposed development. A copy of the executed permit shall be provided to the City _ Engineer prior to approval of a Grading Plan. 27. In accordance with City of Palm Springs Municipal Code,Section 8.50.025(c),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. 28. A soils report prepared by California registered Geotechnical Engineer shall be required for and incorporated as an in part of the grading plan for the proposed development. A copy of the soils report shall be submitted to the Building Department and to the Engineering Division prior to approval of the Grading Plan. 29. Contact the Building Department to get information regarding the preparation of the PM10 (dust control)plan requirements. 30. 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 31. The developer may conduct stormwater runoff off-site to Avenida Caballeros for conveyance to the existing storm drain system. Provisions for the interception of nuisance water from entering Avenida Caballeros from the project site shall be provided through the use of a minor storm drain system that collects and conveys nuisance water to landscape or parkway areas adjacent to Avenida Caballeros,and in only a stormwater runoff condition,pass runoff directly to the street through parkway or under sidewalk drains. 32. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is$9,212 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. la� � i • ♦ f 1� GENERAL 33. Any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required bythe proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No: 115. 34• All proposed utility lines shall be installed underground. 35• 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. 36. The original improvement plans prepared for the proposed development and approved by the City Engineer shall be documented with record drawing "as-built' information and returned to the Engineering Division prior to issuance of a certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to theCity Engineer for approval prior to construction. 37. Contact Whitewater Mutual Water Company to determine impacts to any existing water lines and other facilities that may be located within the project. Make appropriate arrangements to protect in place or relocate any existing Whitewater Mutual Water Company facilities that are impacted by the development. A letter of approval for relocated or adjusted facilities from Whitewater Mutual Water Company shall be submitted to.the Engineering Division prior to issuance of a certificate of occupancy. 38. 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 Springs Zoning Code 93.02.00 D. 39. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Standard Drawing No, 904. MAP 40. 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 first draft of the Final Map for review to the ,Engineering Division: 41, A Final Map shall be prepared by a licensed Land Surveyor or qualified Civil Engineer and submitted to the Engineering Division for review and approval. The map shall be approved by the City Council prior to issuance,of building permits. TRAFFIC 42. A minimum of 48 inches of sidewalk clearance shall be provided around all street furniture, fire hydrants and other above-ground facilities for handicap accessibility.(Required clearance shall be provided through dedication of additional right-of-way and widening of the sidewalk or by relocation of encroachments along the public street frontages. 43. All damaged, destroyed, or modified pavement legends and striping associated with the proposed development shall be replaced as required by the City Engineer prior to issuance ' of a Certificate of Occupancy. 44. Relocate the existing stop sign and repaint a standard stop bar,and legend in accordance with City of Palm Springs Standard Drawing Nos. 620-625 at the southwest corner of the intersection of Alejo Road and Avenida Caballeros. 45. Submit traffic striping plans prepared by a California registered Civil Engineer to the Engineering Division for review and approval. All required'traffic striping improvements shall be completed in conjunction with required street improvements,to the satisfaction of the City Engineer, and prior to issuance of a Certificate of Occupancy. 46. A 36 inch stop sign and standard stop bar and legend shall be installed in accordance with City of Palm Springs Standard Drawing Nos. 620-625 at the project exit on Alejo Road. 47. 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. 48. This propertyis subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING FINAL MAP NO. 31256 FOR PROPERTY LOCATED AT 977 E.ALEJO ROAD, IN SECTION 14, TOWNSHIP 4 SOUTH, RANGE 4 EAST WHEREAS the Planning Commission, at its meeting of June 11, 2003, approved Tentative Tract Map No. 31256 requested by Fomotor Engineering, representing Alejo Caballeros, LLC, a California Limited Liability Company, for the above described property; and WHEREAS the City Council at its meeting of July 2, 2003, approved Tentative Tract Map No. 31256 subject to conditions; and WHEREAS owner offers for dedication to the City of Palm Springs Lot "A" for street and public utility purposes with right of ingress and egress for service and emergency vehicles and personnel, and dedication to the City of Palm Springs easements for pedestrian access and bicycle path purposes over Lots "B" and "C" NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs as follows: 1. That Final Map No. 31256 is in substantial conformance with approved Tentative Tract Map No. 31256; and 2. That requisite conditions associated with Tentative Tract Map No. 31256 have been satisfied; and 3. That Final Map No. 31256 is in conformance with the General Plan; and 4. That Final Map No. 31256 conforms to all requirements of the Subdivision Map Act of the State of California; and 5. That the offers of dedication to the public on Final Map No. 31256 shall be accepted by the City Clerk of the City of Palm Springs; and 6. That the City Manager is hereby authorized to enter into a Subdivision Improvement Agreement with the subdivider and to accept subdivision improvement security in conformance with the requirements therein for construction of required public improvements; and 7. That the City Clerk shall cause to have recorded with the Riverside County Recorder the Subdivision Improvement Agreement; and 8. That Final Map No. 31256 is hereby approved for purposes therein defined. ADOPTED this 51h day of November, 2003. AYES: NOES: ABSENT: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk City Manager REVIEWED &APPROVED AS TO FORM: IN THE CITY OF PALM SPRINGS SHEET 1 OF 2 SHEETS COUNTY OF RNERSIDE, STATE OF CALIFORNIA RECORDER'S STATEMENT TCT MAP N O. 31256 FILED THIS DAY OF 003, RA AT_M.IN BOOK_OF MAPS AT PAGES ,AT THE REQUESTOF THE C11T CLERK OF THE CRY OF PAW SPRINGS BEING A SUBDIVISION OF LOT 100 AND A PORTION OF CALLE SUPPLEMENTAL AND ALLEYS ADJACENT T. AND INCLUDED WITHIN LOT 100, ACCORDING TO THE SUPPLEMENTAL PLAT FOR SECTION 14. NO. T.4.5, R.4E., S B.M., ON FILE WITH THE BUREAU OF LAND MANAGEMENT. DATED JUNE 27. 1956 FEE FOMOTOR ENGINEERING AUGUST, 2003 GM L ORS , COUNTY RECORDER-ASSESEDR-CLERK SVBDMSION GUARANTEE FIRST ANERICAN TITLE COMPANY OWNERS' STATEMENT SURVEYOR'S STATEMENT TAX BOND CERTIFICATE WE HBO ON STATE THAT WE µE THE OWNERS OF OR HAVE SOME INTEREST IN THE LAND 1 HEREBY CERTIFY THAT A BOND IN THE SUM OF f_HAS BEEN EXECUTED AND FILM INCLUDED WITHIN THE SUBDMSION SHOWN HEREON,THAT WE µE THE ONLY PERSONS THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTOR AND IS BASED UPON A FIELD WTM THE BOARD OF SUPEROSORS OF THE COUNTY OF RNERSIDE,CALFORNIA CDNDMDNED WHOSE CONSENT IS NECESSARY TO PASS A CLEAR TOLE TO SAID LAND;THAT WE GLM IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDMSION MAP ACT AND LOCAL UPON THE PAYMENT OF ALL TAXES, STATE, COUNTY.MUNICIPAL,OR LOCAL,AND ALL SPECNL CONSENT TO THE MARKS AND RECORDING OF THIS SUBDMSION MAP AS SHOWN WITHIN ORDNANCE AT THE REQUEST OF DENNIS FRIEDMµ. IN APRIL 2003.I HEREBY STATE THAT THIS ASSESSMENTS COLLECTED AS TAME,WHICH AT THE TIME OF FUND OF THIS MAP WITH THE THE DCPNCTIVE BORDER THE TRACT Mµ EMSTANMLLY CONFORMS TO THE APPROVED OR CONDMO RALLY APPROVED COUNTY RECORDER ARE ALIEN AGAINST SAID PROPERTY,BUT NOT YET PAYABLE,µ0 SAID TENTATIVE BAR, IF ANY.ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE nsCl0N5 BOND HAS BEEN DULY APPROVED BY SAID BOARD OF SUPERYSORS. WE MERELY DEUIUTE FOR TO THE CRY'OF PALM SPRINGS LOT A FOR STREET AND INDICATED,AND THE MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED PROUD ITIL PURPOSES WITH RIGHT OF INGRESS AND EGRESS FOR SERVILE ARM DATED: , 2D EMERGENCY MEHICIES AND PERSONNEL WE HEREBY DEDICATE TO THE CRY OF LAW SPRINGS MEMBERS FOR PEDESOAN NANCY ROMERD CASH TAX BONA ACCESS AND BICYCLE PATH PURPOSES OVER LOTS B AND C. OATC .20 CLERK OF THE BOARD OF SUPEiM50R5 PAULPHILLIPXPIRA K. DM 12 31 NO.]WO COUNTY TAX COLLEMOR FOR HI E REWN FOR LANDSCAPE,INGRESS µ0 EGRESS PURPOSES N LOTS B µD C EXPIRATION GATE l2/31/O2 FOR THE SOLE USE OF OQRSELKS. OUR SUCCESSORS.ASSIGNEES AND LOT OWNERS O BY: BY wmHN TIIs TRACT MAP. % oFPBrr DEPUTY ..., TAX COLLECTOR'S CERIFICAIt ALEF0 CABNIEROS, LLC,A CALIFORNIA UNITED WRIIM COMPANY I HEREBY CERDFY THAT ACCORDING TO THE RECORDS OF THIS DEVICE,AS OF THIS DATE. THERE µE NO VENS AGNNST THE PROPERTY SHOWN ON THE WRM�,IIN MAP FOR UNPAIDBY. CTfY ENGINEER'S STATEMENT STATE,COUNTY.TAXES TPAL 08 LOCAL TAGER OR SPECIAL ASSESSOR GERMS L FREEMAN MANALINC MEMBER ,EXCEPT TAXES CE COLLECTED AS SPECIAL ASSESSMENTS COLLECT TAXES NOW A HER BUT NOT 1 HEREBY STATE THAT I HAVE M.AN EO ME USGM µNIXED MAP E TRAIT MAP NO.312TH TC PAYABLE.WHICH ARE FSiIMATED lD BE 9- CONSISTING OF TWO(2)N THE T µ0 THE SUBOR APP SHOWN HEREON IS THEREOF. .THAT THE BENEFICIARY SAME AST APPEARED S ON THE TENTATIVE R A OR AND LOCAL RDEM¶DNS APPLICABLE THAT HE DATED: 20 PAUL MCDONNOL CANYON NATIONAL BANK, NA.A WD"L BANKING ASSOCIATION.AS SMFMCBW TIMEFROA510N5 OF lHE STATE SUBOM510N MAP ACT µ0 LOCK ORDINANCES µPUCABLE AT THE COUNTY TA%COLLECTOR UNDER DEED OF TRUST RECORDED SEPR VM 9, 2003 AS INSTRUMENT NO. THE OF VPRIN)L OF THE hNTAT1VE MAP WNE BEEN COMPt1E0 Wlill.AGO TH-0T AM 2003-]49392 OF OFFRIN.RECORDS. 54NSFlED THAT SUD MAP IS TECHNICALLY CORRECT B1, DEyIT• BY: CITY CLERK'S STATEMENT SUE BATTS,VICE PRESIDENT RAVID J. IXP.3-31-D]NO 26931 PIIP µ L PATRICIA A SANDERS CRT CLERK ANDIX-OFFICIO ASSESSOR OF THE CRY COUNCIL OF CRY ENGINEER E N THE CHIT OF PALM SPRINGS, STATE OF CALIFORNIA. 00 HEREBY STATE MAT SAID CRY COUNCIL AT ITS REGULAR MEETING ON THE-DAY OF ,SULK. DULY APPROVED NOTARY ACKNOWLEDGMENT CHIT OF PALM SPRINGS DATED .20_ THE µIX NED MAE OF TRACT MAR NO.31256.THE DEDICATION OF LOT A FOR STREET AND PUBLIC URVIY PURPOSES,µO ME MOMENTS OVER LOTS B AND C MR PEDESTRIAN ACCESS STATE OF CALIFORNIA ANO BIKE PATH PURPOSES ARE HEREBY ACCEPTED. COUNTY OF I SE ON BEFORE ME. A NOTARY MOLD Iry AN OLD TENTAT MAP FOR TRACT RV 31256 WAS APPROVED BY THE CITY COUNCIL AT IS FOR SAID STATE.PERSONALLY APPEARED DONS µ FPFEM ' PERSONALLY KNOWN TO REGULAR MEENNG HELD ON THE 2N0 DAY OF JULT,2003 ME OR PRO ID TO ME ON THE BASE OF SATISFACi01SY EVIDENCE TO BE ME PERSON WHOSE NOTARY ACKNOWLEDGMENT NAME 15 SUBSCRIBED TO THE WIPIN INSTRUMENT AND ACKNOWLEDGED TO ME TH HE EXECUTED ME SAME IN HIS AUTHORIZED CAPACITY,AND THAT BY HIS SIGNATURE ON THE STEM,OF CALFORNIA WSTRVMEM ME FERSON(S) OR WE ENTfY UPON BEHALF OF WHICH THE PER50N(S)ACTED, OF; DATED: IXEGVTEO THE INSTRUMENT COUNTY OF CRY CLERK µY IX-OFFMO ASSESSOR OF ON BEFORE ME, A NOTARY PUBUC IN AND THE CTY COUNCIL OF THE CRT OF FOR SAID STATE,PERSONALLY APPEARED PALM SPRINGS WITNESS MY HAND µO OFFICIAL SENT: PERSONALLY KNOWN TO ME OR PROVED i0 ME ON THE MIS OF SATSFAOTORY EVIDENCE i0 BE SHE PERSON(5)WHOSE NAMEUO MJARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND SIGNATURE' ACKNOWTFOGED TO ME THAT HE/SHE/THEY EXECUTED THE GAME IN HIS/HER/T aR SIGNATURE OMISSIONS NOTARY PUBUC IN AND FOR SAID STATE AUTHORIZED CAPACTYNES),AND THAT BY HIS/HI SIGNATURE(5)ON THE INSTRUMENT THE COUNTY OF RIVERSIDE,HOLDER OF AN EASEMENT FOR HIGHWAY THE PERSON(5) OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(5)ACTED, EXECUTED AND INCIDENTAL PURP05E5,RECORDED AUGUST 31.1983 A5 PFINTEO NAME ME INSTRUMENT INSTRUMENT NO 172393 OF OFFICIAL RECORDS OF RIKRSIDE COUNTY, MY COMMUIMOR EXPIRES: WITNESS MY HAND µ0 OFFICIAL SEAL CAUFGRNIA MY PRINCIPLE PUCE OF BUSINESS IS IN: COUNTY THE CITY OF PAW SPRINGS,HOMER OF AN EASEMENT FOR SIGNATURE. INOERGROUNO SEWER LINE AND INCIDENTAL PURPOSES,RECORDED NOTARY PUBLIC IN AND FOR SAID STATE AUGUST 31,1983.AS INSTRUMENT NO,177393 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY.CALIFORNIA. SOILS REPORT POINTED NAME NEASEMENT RIVERSIDE COUNTY UNDERGROUND coxTNa TANDOR WATER DISTRICT,HOLDER OF A PREUMINARYOF SOILS REPORT WAS D BY THE BY HEALTH SYSTEMS SCORE AND.ON SHE 10M MY COMMISSION EXPIRES. AN EASEMENT FOR UNDERGROUND STORM DRAIN AND INCIDENTAL DAY OF C AS EY, ET AS REQUIRED BY ME HE4M µD SAFETY CODE µD UPDATED DULY PURPOSES,RECORDED DS AUGUST ED 1983.A5 INSTRUMENT N0.i]R93 Z2, f9B6 AS REPORT NO BZ-O6]4-P1 MY PRINCIPLE PLACE OF BUSINESS 15 IN COUNTY OF OFFICIAL RECORDS OF RIVERSIDE COUNTY,GVFORNIA ' .wwYw�n V,,.vwM�Ie,>:.E.o Ionnod �. V IN THE CITY OF PALM SPRINGS SHEET 2 OF 2 SHEETS COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT MAP NO. 31256 BEING A SUBDNISION OF LOT 100 AND A PORTION CF CALLE CORONADO AND ALLEYS ADJACENT ® TO AN INCLUDED ., ON LOT ACCORDING TO THE SUPPLEMENTAL PLAT FOR SECT 14 ION . T .S. RINCLUDED., S.B.M., FILE WITTHH THE BUREAU OF LAND MANAGEMENT. GATED RUNE 27. FOMOTCR ENGINEERING AUGUST, 2003 O1 M.B. 36/41"42 N 1/4 COG.SECTION 14 0 40 e0 12D 150 IP."TAG LS 1CR FJ.3/4'IP.TAG ILL£GIBIE LLI ID.0.5 IN MIXiTR_ M41 SCNE: 1"=40• �C. E PER IS ]9/1] U ALEJO ROAD FEE S 9/5}550 90(93-9i k MB I4Df46-4E NU-47'39"W ]ee05'(N89'4e'W'W ]6602') 4p43}' BASIS OF BEARINGS e rvI Y ]5]e• 9ASIS OF BEARINGS 15 THE CENTERUNE OF AVENIDA CABALLEROS w ry 4 {/y s REING N.GTOV5]•E AS SHOWN ON MAP RECORDED IN BOON NGB4T39•W y�yyg• �` gls �y •R I b 7 9,AT PAGE t]OF RECORDS OF SURVEY. T(D mw 2 ]S4Y LOT A oln nc. [5v-23� SURVEYORS NOTES JN699]'39"W BOeY H69'4Y39'W 15554' G"' ]255' 1 INDICATES MONUMENT FOUND AS NOTED ¢ N 04' I \ \4 N993G'OSW INDICATES SET d/4" P. 1G'LONG,OR LF.1D h TAG IN MIN TAG L3.512G LGT I3 4 W L Sl tfi' CONCRETE FOOTING OR F➢RUNG MATERNL,STAMPED IS]D]0. ftllSN PER PS]9I1] = 0,]l AC 3^M \ i I 1 INDICATES RECORD DATA PER RS 79/17 a \ H63/p'D/ w [ ] INDICATES RECORD DATA PER CITY OF PAW SPRINGS RIGHT OF WAY FILE NO.365 L J Of THIS TRACT MAP CONTAINS 1 NUMBER LOT ME 3 LETTER LOTS J n o \ THIS TRACT MAP CONTNNS 2.13 GROSS ACRES AND 2.04 NET ACRES U nN n $ \F �]fi. m 3N r x9000'oo'w ^, m EASEMENT NOTES "s ^' 64}} =xe}sz3a_E U Q AN EASEMENT FOR HIGHWAY AND INCIDENTAL PURPOSES IN i $ LOT 7 ; Q FAVOR OF THE CAUNtt OF RIVERSIDE.RECORDED AUGVCT 31. S LA AC i O ng Qgi 1933 AS INSTRUMENT NO 1]]323 OF OFFICIAL RECORDS OF RITER510E COUNTY,CALIFORNIA L �'9` G.L. 100 o $ ^ W e AN EASEMENT FOR UNDERGROUND SEM£R UNE AND INCIDENTAL VARIES p PURPOSES IN FAVOR OF THE COY OF PALM SPRINGS. `6 a RECORDED AUGUST 31,19B3.AS INSTRUMENT NO I71393 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY,CNJFORNIA ® AN EASEMENT FOR UNDERGROUND STORM DRAIN AND R.S. 59/19 50' INCIDENTAL PURPOSES,IN FAVOR OF RIVERSIDE COUNTY ROOD CONTROL AND WATER DISTRICT.RECORDED AUGUST M,19B3. AS INSTRUMENT NO.171393 OF DFURIAL RECORDS OF RIVERSIDE COUNTY,CALIFORNIA. llNE I}RE CARVE iA9IE 34146' L5 _W60' !L7 SEADNG IFHGM �' D`TTA RApUS IENCM 352e4' (Ne99]3PW 3534CI 3T2e'2E' 161,N' 10539 ) NWGYSTW 100V N693213W 40346•N491C0M 3390' 14SA' 211.11 �.d. 1®2 RUSH PER R.SG70/1I5 512EFO 19'LP.TAGGET LS.51R NW96b5•W SEP FTUSH PER Ri T9/IT Um9 05N &W N69i2'13•W 9.Y' �.L. 107 M.2'BRASS 6AP STA RED'OPS BJ WR3'5TW 2].1}' 14-2'IN WORUMENT Y PER R5 N433"A'W fe12' ]9/Il,MB 90/92-93 k MB 153/`155 N451GIVE 1Sp AMADO ROAD Coe t5] W