HomeMy WebLinkAbout7/2/2003 - STAFF REPORTS (11) DATE: June 18, 2003
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:
DAVID J. BARAKIAN
Director of Public Works,_City Engineer
APPROVED:�'t
DAVID H. READY
City Manager I D
ATTACHMENTS: 1
1. Resolution --- ---------
2. Map
3. Subdivision Agreement
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TRACT MAP NO. 30941
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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
/014--3
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 ln,�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
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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 II, LLC, a California Limited Liability Company ("Subdivider").
RECITALS
A. Subdivider is the owner of, and has obtained approval of a subdivision map for
Tract No. 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,
1 a
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 or work 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
years 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 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
Q �j
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(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
5 IOAi�
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$85,350.00 equal to 15% of the estimated construction cost
set forth in Section 1.1 or a suitable amount determined by the City Engineer.
4.2 Form of Security Instruments. All Security Instruments shall be in the amounts
required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following minimum
requirements and otherwise shall be in a form provided by City or otherwise approved by
the City Attorney:
(a) Bonds. For Security Instruments provided in the form of bonds, any such bond
must be issued and executed by an insurance company or bank authorized to transact
surety business in the State of California. Any insurance company acting as surety shall
have a minimum rating of A-IX, as rated by the current edition of Best's Key Rating Guide
published by A.M. Best's Company, Oldwick, New Jersey, 08858.Any bank acting as surety
shall have a minimum rating of AA, as rated by Moody's or Standard & Poor's.
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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 /o/- 1
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 (1) such party is duly organized and existing, (ii) they are duly
authorized to execute and deliver this Agreement on behalf of said party, (iii) by so
executing this Agreement, such party is formally bound to the provisions of this Agreement,
and (iv) the entering into of this Agreement does not violate any provisions of any other
Agreement to which said party is bound.
IN WITNESS WHEREOF, the parties hereto have executed this 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 Il, 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.
OFTHE CITY COUNCIL OFTHE 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 181h day of June, 2003.
AYES:
NOES:
ABSENT:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By
City Clerk City Manager n
REVIEWED & APPROVED AS TO FORM: /f✓�
SHEET 1 OF 2 SHEETS
1N Tffi COY Or PAIY SPRD169,CODNT'f OF BR6@SmI STAT&of ClI4D[CRl RECORDER'S STATEMENT
HE HERES STATEMENT TRACT MAP N0. 30941
FT THIS ORAL OK SAT
HE HEREBY STATE THAT f1E AM ME SHIERS OF THE L11O INCLUDES NS MIN AT M. IN AT T—OF MAPS AT
no—
THE$IR9is NECESSARY
S RXX HEPAM THAT XE ATE TTO CITY LAWS AT HE PAGES AT TF£REEFS. OF ll£Citt
HEREBY IS MECEW THE
i0 KING A DEAR TITLE TO MIS LAWS THAT HE
BEING MAT 1 SUBilIY= OF TH6 TITS}1OF OF SO 14.T1AAft I/l% .B. LLEpI(OF THE CITY OF PALM SPRINGS.
AS SHY NCOMEMTWITHIN
N E O IYMINS ILO BORDER
R)IIN OF MIS'LIDrvISIg1 MAP MOlTfH6I.5T MIA OF THE Sb CONDI M OF 6ELPU If,T E$R 4$SB.Y
As sDNx WITxxN THE oxsixxmxvE BaDm LIME. FOR CONDONII'IIUM PURPOSES NO- '
ME HEREBY DEDICATE TO R M USE FOR STREET AND PVEIC OTnxTY MAUMW, SMITH AND ASSOCIATES, INC. MAY 2GO'S.
PURPOSES, LOTS•A' ANO-B..
GARY L. IX60. COUNTY PECCPLFA-ASSES60P-0£if(
PALM SPRINGS MOOERW MOPES II. LLC, BY: DEPUTY
AAj��"71ALIABILITY COMPANY
SM.DOIVISICN 4URDREE BY:
BINC.. A CALIFORIZA COfPoRATIUI ENGINEER'S STATEMENTI FI16T AMEIIIC/M TSfLE ItBA.11U£LYPYD'L P T 5. SWIM HEREBY STATE TEAT I AM A REGISTERED)CIVIL
ENGINEER CFTHE STATE OF GLIFORMIA AND THAT MIS MIP CONSISCINP CF
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A.THEIR POSITIONS ARE CORRECTLY SHOWN OR MILL BE IH ACCORDANCE KITH I HERESY CERTIFY THAT ACCORDING M THE RECORDS OF THIS OFFICE THE TERNS OF ME M3AKEHT AGREEMENT FOR THE MAP. THE MRO ENTS WILL BE As OF THIS GATE THERE ARE NO LOONS AGAINST THE PiWEPTY
SUFFICIENT TO ENABLE THE SMVEY TO BE fETPACEC. THE EONV IS MOE AM AS OF M THE MIRITN MAP FOR O LOONPAID STATE TTHE. MAIICIPAL
BENEFICIARY: LC AB SHOMX.,K OR LOCAL TAXES ON SPECIAL ASSESS'ENTS CCLLECIE➢AS TAXES
/ //,_ y EXCEPT TAXES OR SPECIAL ASSE59ENTS COLLECTED AS TAXES NOW
JYIC{�G/KSML yp ALIEN BUi NOT YET PAYABLE NNI[N ARE ESTIMATED TO
PCIFIC WESTERN NATIONAL S.U CONSTRUCTION SEES W MUST gOBWi TX FCE 26A01 p- ti,� Bf S
NAECORMC)MATGI 15. 2003 AS INSTRUMENT M. 20GR-la7O 0. .P,
OFFICIAL RECORDS OF RIYEASICE GL/IFR�p�p{M,'�GT.I�'''_ S 0 AEG. ESP. 3/31/01 }y A3.t� PAM McDONNELL
Slrl¢ BY: �p1 ATE Sj C2alOf COUNTY TAX C%1ECTOR
JK SIEAKAKIL� P BY. ATM
SVII V'k tN L-(AWrA TY oEPDrY o
F�ff CLLq�
TAX SONG CERTIFICATE
I MEREST CERTIFY MAT A BOND IN THE SUI OF 5 WAS L®1
NOTARY'S ALKNOXLEGGEMENi EXECUTED AND FILED WITH ME SOAFp OF SIIPEAVICM OF TTE coV
OF RIVEMCCE GLI.IA. CONDITIONED UPON THE PAYMNI OF ALL
TAXES. STATE COUNTY. MMICORAL OR LOCAL AND ALL SPECIAL
STATE OF cA y^oPNTA. )ss CITY ENGINEER'$ STATEMENT ASSESSMENTS COLLECTED AS TAXES WHICH AT THE TIME OF FTIPD
COUHTY OF OF THIS MAP WITH THE CO OM RECORDER APE A LIEN AGAINST SAID
ON_Sla OID3 SEFOw ME T.trembla� I HEREBY STATE THAT I HAVE EXAMINED ME WITHIN MAP OF TRACT MAP NO. PROPERTY BUT NOT YET PAYABLE AND SAID BOND HAS BEEN plY
A NOTAgy PUSLTc IN AW FOR SAID,5TA EaPEAREO 30911 CONSISTING OF TWO SHEETS. THAT THE SUBDIVISION SHOWN TYEREWi IS APPROVED BY SAID BOARD OF SUPERVISORS.
I]P¢D(S •. IYIl A1IU �¢M SUBSTANTIALLY
A YBRAT
DONE TH SAM AS IT EPEOF;APPEARED
AFL PR ON TOVESISIOTSAOFVE MAP AM UNE STATE 11R' SATE:
PERSONA)T KNOWN TO E ION MW W® IALT
MAP ACT AND ANY LOCAL OROIHANCES APPLICABLE AT THE TIME CASH TAX BUD
G4'BM 1 TO WE
THE
A(NON WL WHOSE OMWAHE T T M SVBEFAIBEO TO THE OF AR'T10VAL OF ME TENTATIVE MAP HAVE BEEN COMPLIES WIM AND THAT I GETULD A. MALONEY PAD McCOMAIL
WITHIN INSTFLWENi AM ACMNONLE➢GEO TO NE THAT HE/FXKW4l'EXECUTED AM SATISFIED THAT SAID HAD IS TEMNJCALLY CORRECT. CLERK OF THE BOWS OF SLPEMISORS COUNTY TAX COLLECTOR
THE SAME IN HMA6G—"R AUDIORIZED CAPACITY MFl1. —THAT BY
MIS-L—"—EMWATUPE IN ON THE IMRYLMENT THE PEASD NMI. OR TIE BT: BY:
ENTM WON OEMLLF OF WHIP ME PERSON ACTED. EXECUTED THE _ -DEPUTY OEFUIT
METRMENT' pTI PPLLAA DAVID BAR4(LH PCE 28931
MMY IT COMMISSION EXPIRES10- .Q IS RiV•f_I �B WHY. CITCITY ENETIEEA AEG. EAP. 3/31/O7
NDTA.PYIPUBLIC IN ATYI FO ♦ STATE
/.7r2mk)l L/ CITY CLERK STATEMENT
IPPINi N> CRY COUNCIL OF THE CITY OF PALM SPRINGS. STATE OF CALIFORNIA,
I. PATRICIA A. SANDERS, CITY CLERK AND EX-OFFICIO ASSESSOR OF TFE
HEREBY STATE THAT SAID CITY COUNCIL AT IT'S REGULAR WEE7MG HELD
NOTARY'$ ACKNOMLEGGEMENT CMETMITHIHE N MAP DAY OF —OF TMR MAP 1D. 3DN♦f. ANO 200
p XFR�Y�V�
DEDICATION OF LOTS A' AIO 'B' i0 g18LIC VBE FOR StF£EC AND PUBLIC
STATE OF
C IFOR MSS IITIIIiY PURPOSES.
CCI.MY �''�! /L.T�� �� SIGNATURE CMISSIONS THE TENTATIVE MAP FW SAID TRACT MAP WAS APPROVED BY RE CITY
8 ORE ME <�fLC1 IIrI//AI'/EJR// COUNCIL AT IT'S SECULAR MEETING MELD ON THE MM DAY OF
TTT TTT FEBRIARY. 2CO3.
ANNOT Y P LIC3N INRFOq SAID 5 A E PEP30NALLT gPSUANR TO SECTION 6N08 (.1) C IC) CF ThE SUBDIVISION MAP ACE, THE
rOP, l(m/Ilenl SIGWTMES CF THE FOLLCKING OWNERS OF EASEMENTS HAS MEW MM .
SYFxWE; TO BE THE PLT60N Rii,WHOSE NAME W IS/NG.SUi54UBED TO THE RACE STINGS WATER COMPANY, NUA]t OF AN EASFNEYT FIXi WATER GTFD' CRT CLEW AND EYDFFICIO ASS'E^SW OF THE
WITHIN INSTRUMENT AM ACKNOWLEME➢TO ME THAT I@/GYGCGYEMECVIEp PIPELLES PEP INST. SEC. 3-fT-53 IN BOOK 1909 AT PAGE f5& O.R. CITY CWNLIL CF THE CITY OF PALM SFPIX55.
THE SAME IN HIS/NCNfY'Gia AUMORIZID CAPACITY ITEA. AM THAT BY
NIS/".a.T:..GMNAICFU� DX THE INSRTIMFM THE PERGMM. OR T1E CON ERS CALIFCMIA EDISOM COMPANY. HOLDER OF AN EASEMENT FOR
ENTITY UPON BEHALF OF WHICH NE PEMONf ACTED. EXECUTED THE %PLIC UTILITIES AND INCIOENCAL PURPOSES HEMMET. M.942
IxSiRMEM. SEC. 1-22-T3. O.R.
MT COMMMsmW EXPIRE$ K-tl�lP'AIIMY INCH L ggLE OF B15Itf"' UNITED STATES OF DERICA HOLDER OF GSEMENIS FOR FLOW CdITPCI, SOILS REPORT
X 5 MY NANO. IS EJy CORRT. UTILITIES PIFI-MEL ROADS ND STREETS HUNTER BY ME SECRETARY
Y CL THE INTERIOR IS T AS VS. 8Y THE ED PRINSTATE''ETS IN THE CASE OF gPyyAHT TO SECTIDN ESA90 OF THE SO OIVIBMW MAP ACT, A PiELIWDURY
DEFILES ITED STATES
ER DI VS. UNITED STATE$. ET Al-. M. f1BBE-OF
x0 Y PUSC C IN FOP BRIO AT IN THE STATES DISTRICT COURT OF THE SWTXEPN pISTgICi OF SOILS 1.REPORT200 M. 5N-302T WAS PREPARES BY SUDOF.Y EN6IIA�iDD 0.4
erlunn 1YlArwlmCALIFORNIA.ILIA. MARCH 3. 2005 AM
IS ON FILE IN ME BUILDING DEPARTMENT OF THE
IPRINT )) CITY 0."PALE SPRINGS. GL60PNIA.
J.N. 1613
N