HomeMy WebLinkAbout7/16/2003 - STAFF REPORTS (4) DATE: JI 003
TO: City Council
FROM: Director of Public Works/City Engineer
FINAL MAP NO. 30941
RECOMMENDATION:
It is recommended that the City Council approve Final Map No. 30941 for Mainiero, Smith
and Associates, Inc.,representing Palm Springs Modern Homes II, LLC, a California Limited
Liability Company, to subdivide property located at 1450 and 1500 East Baristo Road, in
Section 14, T 4 S, R 4 E.
SUMMARY:
Mainiero, Smith and Associates, Inc., representing Palm Springs Modern Homes II, LLC, a
California Limited Liability Company, has prepared a one lot Tract Map for condominium
purposes for subdivision of property located at 1450 and 1500 East Baristo Road, in Section
14, T4S, R4E.
BACKGROUND:
Mainiero, Smith and Associates, Inc., representing Palm Springs Modern Homes II, LLC, a
California Limited Liability Company, requests that the property locatedat 1450 and 1500
East Baristo Road, in Section 14, T 4 S, R 4 E, be subdivided into one lot for condominium
purposes. A total of 48 condominium units will be developed within the Tract Map.
At its meeting of January 22, 2003, the Planning Commission recommended approval of
Tentative Tract Map No. 30941, which was subsequently approved by the City Council,
subject to conditions, on February 19, 2003.
The owner offers for dedication to public use Lots "A" and "B" for street and public utility
purposes.
It has been determined that required conditions have been satisfied, that Final Map No.
30941 is in substantial conformance with the approved Tentative Tract Map, and that Final
Map No. 30941 is ready for City Council approval.
SUBMITTED: •'W
DAVID J. BARAKIAN
Director of Public Works ' X Engineer
APPROVED:
DAVID H. READY
-
City Manager
ATTACHMENTS:
1. Resolution
2. Map
3. Subdivision Agreement
1
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SUBDIVISION IMPROVEMENT AGREEMENT
by and between
CITY OF PALM SPRINGS
and
PALM SPRINGS MODERN HOMES II, 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.............................................. 3
1.6 Changes in the Work.............................................. 3
1.7 Defective Work....................................................... 3
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............................................. 4
1.13 Suspension of Work............................................... 4
1.14 Final Acceptance of Works of Improvement........... 4
2. Time for Performance....................................................... 5
2.1 Commencement and Completion Dates................. 5
2.2 Phasing Requirements............................................ 5
2.3 Force Majeure......................................................... 5
2.4 Continuous Work.................................................... 6
2.5 Reversion to Acreage.............................................. 6
2.6 Time of the Essence................................................ 6
3. Labor................................................................................. 6
3.1 Labor Standards...................................................... 6
3.2 Nondiscrimination................................................... 6
3.3 Licensed Contractors.............................................. 7
3.4 Workers' Compensation.......................................... 7
4. Security............................................................................. 7
4.1 Required Security.................................................... 7
4.2 Form of Security Instruments.................................. 8
4.3 Subdivider's Liability................................................ 9
4.4 Letters of Credit....................................................... 9
4.5 Release of Security Instruments.............................. 10
5. Cost of Construction and Provision of Inspection
Service............................................................................... 11
5.1 Subdivider Responsible for All Related Costs of
i A �Ll
Construction............................................................ 11
5.2 Payment to City for Cost of Related Inspection
and Engineering Services........................................ 11
6. Acceptance of Offers of Dedication................................... 11
7. Warranty of Work.............................................................. 11
8. Default............................................................................... 12
8.1 Remedies Not Exclusive.......................................... 12
8.2 City Right to Perform Work...................................... 12
8.3 Attorney's Fees and Costs....................................... 12
9. Indemnity.......................................................................... 12
10 General Provisions............................................................. 13
10.1 Successors and Assigns......................................... 13
10.2 No Third Party Beneficiaries.................................... 13
10.3 Entire Agreement; Waivers and Amendments....... 13
11. Corporate Authority........................................................... 13
ii W� I- ;/�-S
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 Palm
Springs Modern Homes ll, LLC, a California Limited Liability Company ("Subdivider").
RECITALS
A. Subdivider is the ownerof, and has obtained approval of a subdivision map for
Tract No. 30941 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 Lots "A" and "B" for street and public utility purposes. 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 Obligations.
1.1 Works of Improvement. Subdivider agrees, at its sole cost and expense, to
construct or install or cause to be constructed or installed the street, drainage, domestic
water, sanitary sewer and other improvements (herein sometimes collectively referred to as
the "Works of Improvement"), as the same may be supplemented and revised from time to
time as set forth herein (said plans and specifications, together with all related documents,
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are referred to herein as the "Plans"). The estimated construction cost for the Works of
Improvement is $569,000.00.
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 Changes in the Work. The City Engineer, without invalidating this Agreement
and without notification to any of the sureties or financial institutions referenced in
Paragraph 4, may order extra work or may make changes by altering or deleting any portion
of the Works of Improvement as specified herein or as deemed necessary or desirable by
the City Engineer as determined necessary to accomplish the purposes of this Agreement
and to protect the public health, safety, or welfare. The City Engineer shall notify Subdivider
or Subdivider's contractor in writing (by Correction Notice) at the time a determination has
been made to require changes in the work. No field changes performed or proposed by
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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.
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 not the Works of Improvement as performed are in accordance with
the requirements and intent of this Agreement, including the Plans. If the City inspector
requests it, the contractor at any time before acceptance of the Works of Improvement shall
remove or uncover such portions of the finished work as may be directed which have not
previously been inspected. After examination, the contractor shall restore said portions of
the work to the standards required hereunder. Inspection or supervision by the City shall not
be considered as direct control of the individual workmen on the job site. City's inspector
shall have the authority to stop any and all work not in accordance with the requirements
contained or referenced in this Agreement.
The inspection of the work by City shall not relieve Subdivider or the contractor of any
obligations to fulfill this Agreement as herein provided, and unsuitable materials orwork may
be rejected notwithstanding that such materials or work may have been previously
overlooked or accepted.
1.12 Compliance With Law. In addition to the express provisions of this Agreement
and the Plans, Subdivider shall cause construction of the Works of Improvement to be
completed in accordance with all other applicable federal, state, and local laws, ordinances,
rules and regulations.
1.13 Suspension of Work. City Engineer shall have authority to order suspension of
the work for failure of the contractor to comply with law pursuant to Section 1.11. In case of
suspension of work for any cause whatever, Subdivider and its contractor shall be
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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
shall then be the same as specified above for the contractor's initial request for final
inspection. If items are found by City's inspector to be incomplete or not in compliance after
two (2) "final" inspections, City may require the contractor, as a condition to performing
further field inspections, to submit in writing a detailed statement of the work performed
subsequent to the date of the previous inspection which was found to be incomplete or not
in compliance at that time.
No inspection or acceptance pertaining to specific parts of the Works of Improvement
shall be construed as final acceptance of any part until the overall final acceptance by City
is made. Final acceptance shall not constitute a waiver by City of defective work
subsequently discovered.
The date on which the Works of Improvement will be considered as complete shall
be the date of the Notice of Acceptance.
2. Time for Performance.
2.1 Commencement and Completion Dates. Subject to Section 2.2 and 2.3 below,
Subdivider shall (i) commence with construction and installation of the Works of
Improvement thirty_(30) days following City's approval of the Plans ("Commencement
Date"); and (ii) complete or cause to be completed all of the Works of Improvement two 2
ears after the Commencement Date.
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 Maj_eure. 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
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
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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
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
$569,000.00 equal to 100% of the estimated construction cost referenced in Section 1.1.
(ii) A Security Instrument guaranteeing the payment to contractors, subcontractors,
and other persons furnishing labor, materials, and/or equipment ("Labor and Materials
Security Instrument") with respect to the Works of Improvement in an amount equal to
$284,500.00 equal to 50% of the estimated construction cost referenced in Section 1.1.
(iii) A Security Instrument guaranteeing the payment of the cost of setting
monuments as required in Section 1.4 in the amount of$2,500.00 equal to 100% of the cost
thereof.
This Agreement shall not be effective for any purpose until such Security Instruments
are supplied to and approved by City in accordance herewith.
(b) Required Security Instrument for Maintenance and Warranty. Prior to the City
Council's acceptance of the Works of Improvement and recordation of a Notice of
Completion, Subdivider shall deliver a Security Instrument warranting the work accepted for
a period of one (1) year following said acceptance ("Maintenance and Warranty Security
Instrument"), in the amount of$85. 550.00 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.
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(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
City all of Subdivider's interest in funds on deposit in one or more bank accounts with
financial institutions acceptable to City.
(d) General Requirements for all Security Instruments.
(i) Payments under any Security Instruments shall be required to be made (and,
with respect to bonds, litigation shall be required to be instituted and maintained) in the City
of Palm Springs, State of California (and the Security Instrument shall so provide).
(ii) Each Security Instrument shall have a minimum term of one (1) year after the
deadline for Subdivider's completing the Works of Improvement, in accordance with Section
2.1 (other than Instruments of Credit, which shall have no defined term or expiration date).
(iii) Each Security Instrument shall provide that changes maybe made in the Works
of Improvement pursuant to the terms of this Agreement without notice to any issuer or
surety and without affecting the obligations under such Security Instrument.
4.3 Subdivider's Liability. While no action of Subdivider shall be required in order
for City to realize on its security under any Security Instrument, Subdivider agrees to
cooperate with City to facilitate City's realization under any Security Instrument, and to take
no action to prevent City from such realization of any Security Instrument. Notwithstanding
the giving of any Security Instrument or the subsequent expiration of any Security
Instrument or any failure by any surety or financial institution to perform its obligations with
respect thereto, Subdivider shall be personally liable for performance under this Agreement
and for payment of the cost of the labor and materials for the improvements required to be
constructed or installed hereby and shall, within ten (10)days after written demand therefor,
deliver to City such substitute security as City shall require satisfying the requirements in this
Section 4.
4.4 Letters of Credit.
(a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be
entitled to draw on any such letter of credit if a replacement letter of credit (expiring in not
less than one (1) year, unless City agrees to a lesser term in City's sole and absolute
discretion) is not delivered not less than thirty (30) days prior to the expiration of the original
letter of credit, such substitute letter of credit being in the same amount and having the
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terms and conditions as the initial letter of credit delivered hereunder, issued by a financial
institution acceptable to City as of the date of delivery of the replacement letter of credit.
(b) In the event of draw by the City on a letter of credit, the City may elect, in its sole
and absolute discretion, to apply any such funds drawn to the obligations secured by such
letter of credit or to hold such funds in an account under the control of the City, with no
interest accruing thereon for the benefit of the Subdivider. If the City elects to hold the funds
in an account pursuant to the foregoing, City may thereafter at any time elect instead to
apply such funds as provided in the foregoing. Subdivider agrees and hereby grants City a
security interest in such account to the extent required for City to realize on its interests
therein and agrees to execute and deliver to City any other documents requested by City in
order to evidence the creation and perfection of City's security interest in such account.
4.5 Release of Security Instruments.
(a) City shall release the Faithful Performance Security Instrument and Labor and
Materials Security Instrument when all of the following have occurred:
(i) Subdivider has made written request for release and provided evidence of
satisfaction of all other requirements in this Section 4.5;
(ii) the Works of Improvement have been accepted;
(iii)Subdivider has delivered the Maintenance and Warranty Security Instrument; and
(iv) subject to the following sentences after passage of the time within which lien
claims are required to be made pursuant to Article 3 (commencing with Section 3114) of
Chapter 2 of Title 15 of Part IV of Division 3 of the California Civil Code. If lien claims have
been timely filed, City shall hold the Labor and Materials Security Instrument until such
claims have been resolved, Subdivider has provided a statutory bond, or otherwise as
required by applicable law.
(b) City shall release the Maintenance and Warranty Security Instrument upon
Subdivider's written request upon the expiration of the warranty period, provided no claims
are outstanding at that time regarding defective work.
5. Cost of Construction and Provision of Inspection Service.
5.1 Subdivider Responsible for All Costs of Construction. Subdivider shall be
responsible for payment of all costs incurred for construction and installation of the Works
of Improvement. In the event Subdivider is entitled to reimbursement from 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
8
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
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
9 ; . AlV
attorney's fees, In the event of any dispute arising out of Subdivider's performance of its
obligations under this Agreement or under any of the Security Instruments referenced
herein, the prevailing party in such action, in addition to any other relief which may be
granted, shall be entitled to recover its reasonable attorney's fees and costs. Such
attorney's fees and cost shall include fees and costs on any appeal, and in addition a party
entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred
in investigating such action, taking depositions and discovery, retaining expert witnesses,
and all other necessary and related costs with respect to the litigation. All such fees and
costs shall be deemed to have accrued on commencement of the action and shall be
enforceable whether or not the action is prosecuted to judgment.
9. Indemnity. Subdivider agrees to indemnify, defend, and hold harmless City and
City's officers, employees, and agents from and against any and all claims, liabilities, losses,
damages, causes of action, and obligations arising out of Subdivider's failure to perform the
construction and installation of the Works of Improvement in accordance with the
requirements contained or referenced in this Agreement. Said indemnity obligation shall
apply to personal injury, death, property damage, economic loss, and any other monetary
damage or penalty to which City may be subjected, including without limitation, attorney's
fees and costs and the costs of realizing on any Security Instrument provided by Subdivider
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 (I) 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 ��L
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
APPROVED AS TO FORM:
City Attorney
SUBDIVIDER:
Palm Springs Modern Homes II, LLC, a California Limited Liability Company
By: Ironwood Homes, Inc., a California Corporation
Its: Managing Member
(Check One: _individual, X partnership, _ corporation)
By:
Signature
By: Dennis A. Cunningham. President
Name and Title
Mailing Address:
74-140 El Paseo, Suite 4-PMB520
Palm desert, CA 92260-4113
(760) 323-1477
RESOLUTION NO.
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING FINAL MAP NO. 30941 FOR
PROPERTY LOCATED AT 1450 AND 1500 EAST BARISTO
ROAD, IN SECTION 14, T 4 S, R 4 E
WHEREAS the Planning Commission, at its meeting of January 22, 2003, recommended
approval of Tentative Tract Map No. 30941 requested by Mainiero, Smith and Associates,
Inc., representing Palm Springs Modern Homes II, LLC, a California Limited Liability
Company, for the above described property; and
WHEREAS the City Council at its meeting of February 19, 2003, approved Tentative Tract
Map No. 30941 subject to conditions; and
WHEREAS owner offers for dedication to public use Lots "A"and "B" for street and public
utility purposes.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs as
follows:
1. That Final Map No. 30941 is in substantial conformance with approved Tentative
Tract Map No. 30941; and
2. That requisite conditions associated with Tentative Tract Map No. 30941 have been
satisfied; and
3. That Final Map No. 30941 is in conformance with the General Plan; and
4. That Final Map No. 30941 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. 30941 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. 30941 is hereby approved for purposes therein defined.
Resolution No.
ADOPTED this 18" day of June, 2003.
AYES:
NOES:
ABSENT:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By
City Clerk City Manager
REVIEWED & APPROVED AS TO FORM:
IN INS CRY OF PAIL SPREMS,COUNTY OF NV6i5m6 STAM OF CdI➢9RNIA SHEET 1 OF 2 SHEETS
RECORDER'S BTATEMEM
OWNER'S STATEMENT TRACT MAP N0. 30941
FILM Txxs_BAT OF Abe
ME MASSY STATE THAT NE AGE THE AT WE
C£WE LYp INCLUDED WITHIN AT M. IN BBBK OF NIPS AT
TI¢SUBDIVISION SIAXN XEHEOK 1}YT XE AHE THE G`YY PEl�N6 YM1p$E PAGES AT}METE iIESTP TiE CITY
CONSENT IS NECESSARY M PAGE A CLEAR TITLE TO SAID LANE THAT WE BEQLG 1 3[TBOIVL`BON OF TR6 1ST 1 OF INS SOUTHEAST 1/4 Or TER CLEFT(SP TE CITY CF PAUI SPRINGS.
XE y CONSENT TO WE!`PINS AM BECOMING CF THIS 9.PoMSIM HAP NoNnali vr!114 OF SBR 9]VC@:AtiT 1/4 F=am Sl,S i S.R i S.&PLY
AS SHVMN WITHIN THE BISTINLTIYE BENDER LTIE. FOR CONDOMRMUM PURPOSES ��
ME IERGEY DEDICATE TO PUBLIC USE 10A STREET AND PUBLIC WILITY MARMW, SMITH AND ASSOCIATES, INC. MAY 2BB.3 FEW
PURPOSES LOTS'A'AND-B-. GARY L. GREG. COUNTY PECOFLER-ASSESSOG-0.EM
BY: DEP Y
PALM BA— .
NG MOOEHR HOLES L.Z. CC, SLEOIVISIRI GUWURANTEE BY:
tTABILITY COPANfINC., A CALIFRHZA CORPoRATION ENGINEER'S STATEMENT FIRST AIEGEMM TITLE INGURtAA.E 1Y11PAiY
I. ROBOT 5. SMIRC HEREBY STATE THAT I AN A REGISTERED CIVIL
BRUIREMTWUUBS`lGG`MRSECTLYOF ME STATE UP CAHFPRESENTSLIFORMIA ASSMVEYMALEND MAT THIS NUMBERN SUMB'ISIOX RESIDENT BVflING FECRUARY W RMZ THAT ALL M HUNENTS SHOWN MASON ACTUALLY EXIST TAX COLLECTOR
AP CONSISTING OF 'S STATEMENT
AND THEIR POSITIONS ARE CORRECTLY SNWN OR WILL BE IN ACCCMA10E WITH I HEREBY CERTIFY THAT ACMPOING TO THE RECORDS W THIS OFFLM
MZ TERM OF THE NMTH AGREEMENT FOR E MID. THE MONNEXTS MILL BE AS OF THIS BATE, THERE ARE NO LIENS AGAINST THE PROPERTY
SUFFICIENT TO ENABLE THE SURIVEY TO SE RETRACED. THE SURVEY IS TRUE AND SHOWN M THE WITHIN HAP FOR UNPAID STATE COUNT. WLNICIPAL
BENEFICIARY: CO AS BHOMM. OR LOCAL TAME OG SPECIAL.ASSESSMENTS COLLECTED)AS TAY6
��yF, 6y� EXCEPT TAXES OR SPECIAL ASSESaFMS COULOMB AN TAXES Ndi
PAC IFIC WEEMM NATIONAL BAKK UNDER CONSTiNCTILN 0®ff TRUST / d l yVC "(fy BELSFN SUT——PAYA�E, NAICH AM ESTIMATE➢TO
RECORDED MARCH SB. BOOS AE INSMUNENT M. 2003-]B]010, flOBc7iT TN FEE,.FXP1 3/31/OA 4T T ^"
OFFPLIIl VP
RECORDS OF RIYER52OE T. CAL s 0 PAUL WOOMM-L
DATE C26WO1� COUNTY TAX CCLLECTOR
BY s✓r BY: {j C` * BY: OATm
DEPUTY
J.r. SIRAWAEIA� A $Vt YARN !•Ukery '�,
TAX EOM CERTIFICATE
I HEPIDY CERTIFY THAT A BONDIN THE SUM OF lam_HAS BEEN
NOTARY'S ACKNOXLEBGEHENT IXECUIED AND FILED WITH THE BOARD OF SUpERVI5IX5 OF RUE LCUMT
OF AIMBS ME. UALIFORVIA CODITIOWID UFON WEI PAYMENT OF ALL
STATE CF CdI TAXES, STATE COUNTY, MUNICIPAL OR LOCAL AND ALL SPECIAL.
COUNTY OF FF�V/Tsi�!i� CITY ENGINEER'S STATEMENT ASSESSMENTS A WITH WE CAOUNTY ROOMER AM WE
LIM TIME
FILING
AIID
ON ��P�OIe� BEFgE ME ?.'Are mblav I HEY STATE THAT I HAVE EXAMINED THE WITHIN NAP OF TRACT MAP NO. PROPERTY BUT NOT YET PAYABLE AHD)SAID BOND HAS BEEN 0.tY
A NOTAgy PUBLIC IN AND FOR SAIO.STAT� PERSONALLY PFEIIEp 30941 CONSISTING OF TWO SHEETS, THAT THE SUSDIVIEIN SFpWN iNERECH IS APPROVED BY SAID BOARD OF EWERVISOR5.
OE1A11(1 •. LY,10 1U IIn M SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP AM ANY
PEREONLLLY KENO IN TO NE IPRLCTLVW .. - APPROYEO ALTERATIONS THEREOF: THAT ALL PROVISIONS OF WE STATE DATE-
TO
GgiPiiJ BE THE PERSON NIL. WHOSE.WNE IN IS/Y!SUBSW IBEO TO RE EUOVISIDN MAP ACT AND ANY LOCAL GROINANCES APPLICABLE AT THE TINE CASH TAX BOND
WITHIN INSTRUMENT AND) RSONOM.EBGEO TO NE THAT lE SUBSO GGOEXE TO
OF APPROVAL OF ME TENTATIVE NO HAYE BEEN COMPLIED WITH: AND)THAT I MRALD A. MALONEY PAUL WCWNEIL
THE SAME IN HIS, -- AUTHORIZED CAPACITY Nil*. N0 TWAT BY
AM SATISFIED THdT SAID MAP IS TECAIICALT CORRECT. LLEfi`(OF WE BOARD OF SIIPEgVI50R5 COUNT TAX COLLECTOR
-- HIS NGC"- SIGNATURE W ON THE INSigNfM WE PFASGNAPI. OR WE BY: ET:
- ENTITY UPON BEHALF OF WHICH THE PERSON W AGED. EX£Mm THE _ .DERITY p T
IXSTR�NEnr, DAVID 9IAAKLW GCE BB931
BY CCWWMS IN EYPIPSS10- 'O MY Pt1IryCRAI P.AL£K UWSDES^a CITY ENGINEER PEG,FXP. 3131/07
Y HND. IS fllV.fa l�P CINIY. DAM%.
NOidgY PUBLIC 1.AM l.rATU STATE
CITY CLERK STATEMENT
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CITYACOUNCIILAOF5ME ITY�P�AI-SPRINGS. SRM AND STTAATEIOFAC'CN-1 ASSESSOR
HEREBY STATE THAT SAID CITY COUNCIL AT IT'S POLUAR MEETING HELD
NOTARY'S ACIWCMLEBGEMENT ON THE_DAY OF 20
0_ WLT OFWF`EO
THE WITHIN NAP OF TRACT MAP W. 30941, AND DID HEREBY ACCEPT THE
pEDICATION OF LOTS'A'AND -B-TO FUBJ-M USE FM STREET AG PLYIC
$T1TE GF C IFOR I55 DTR PURPOSES-
COUrtY SIGNATUFE OMISSIONS THE TTMATIM MAP FOR SAID TRACT MAP WAS APRVOVEO BY TM CITY
CN 00 OBE WE E7p T CANTOR AT IT'S gEE`.Iq MEETING FELp GX THE 34M DAY CF
}}}WWW FEPFIARY. BOOS.
A NOi Y P LICTIN�XNRFOP SA O E A E PERE0.YALLY EAIE➢ SIS"TM TO EEWE F BSISB pl G ICI CE THE SIM;HASIS HAP ACT. THE
- P —I� YR AM_ PALM S RIN CF THE FCOWG IW. Hp OF AN BASEMENT
HAS BEEN OMIiiER
WITHIN
TO BE THE DPERSONACAQ WL WHOSE NAME ITH IS/ANF9A'4UEAE TO THE PIPE SPRINGS MITER CMC. 3 HCCOFA OF AN EASEMENT AFORGE WATER DATEb CITY RFD((ATN EWE.1 ID F BALM
DF THE
WE SA INSTRUMENT AND AC AUTHDGSD TO AHISP THAT HE/GYGAM MAT CDiEO PIPELINES PER INST. MC. 3-]]-50 IN BOdC]]09 AT PAGE 13B. D.R. CITY CLUIKIL CF THE CITY PALM SFgINGE.
THE SAME IN HISMNAMM AOR WEZM CAPACRYIBEII. AND THAT BY
HIS/IEAFi11Ri5IGWTVRGI4 ON WE
INSRNMENT iF'E FSPON f. M TE SCIRHEUV CALIFORNIA Mi.COWANY, NGLDEB UP AN EASEIEXT'OR
ENTITY UPON BEHALF OF.1.THE PWG.C_?ACTE➢. FXECUIM WE PUBLIC UTILITIES AND INCIBEMk PURPOSES PER INST. N0.9M2
IN3TRMEM. ( ��// //FF����//�� BEG. 1-22-]A O.R.
NY COHNISSIM EXPIRES J-VJ-LP•AWMY p�1:NCIpA gACEE OF BUGRE55 UNITED STALES CF IIEflICA XC]➢EN IX'BASEMENTS FINi BLOW Cd1TPLL SOILS REpOgT
X 55 Mt HAM. I5 X•TFgfG_CGNtt. UTILITIES PIPELINES. ROADS AND STREETS GRANTED BY THE SECMTAAY
(r11 ,,,,1l,� Y OF THE INTERIOR AS DISCLOSED BY THE PROCEEDINGS IN THE CASE CF
..1�AAAX6RAR.it II/fYiL4� CLEMF)T SE HU ET AL VS.UNITED STATES. ET AL NO. IMSZ-MUM RURSUAM TO SECTION E5.190 CF WE SUBDIVISION MAP AGi, A PeELIMINU({Y
rv0 Y FV6�'L�I I FOR SA SIU �ATZ IN 9 VN1TF➢STAYS DISTRICT COURT CP WE EWTHEI N DISTRICT DF SOBS REPGR W. 5L1-302J WAS PREPARED BY SV➢DEN ENGINEERING UN
CALIFORNIA. N`MH 3. 2003. AND IS OX FILE IN WE BUILDING OEPARTENT OF THE -
n Cerlumt I�cn1AM CITY OF PALM SPRINGS CALIFORNIA.
(PRINT 1
J,N. 1613
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