HomeMy WebLinkAbout5/7/2003 - STAFF REPORTS (12) DATE: May 7, 2003
TO: City Council
FROM: Director of Public Works/City Engineer
PARCEL MAP NO. 30703
RECOMMENDATION:
It is recommended that the City Council approve Parcel Map No. 30703 for Sanborn A& E,
Inc., representing Melvyn Haber Revocable Trust U/T/D December 13, 1983, to subdivide
property located at 700 W. Stevens Road, in Section 10, T 4 S, R 4 E.
SUMMARY:
Sanborn A & E, Inc., representing Melvyn Haber Revocable Trust U/T/D December 13,
1983, has prepared a two parcel Parcel Map for subdivision of property located at 700 W.
Stevens Road, in Section 10, T 4 S, R 4 E.
BACKGROUND:
Sanborn A & E, Inc., representing Melvyn Haber Revocable Trust U/T/D December 13,
1983, requests that the property located at 700 W. Stevens Road,in Section 10, T 4 S, R
4 E, be subdivided into two parcels.
At its meeting of August 14, 2002, the Planning Commission recommended approval of
Tentative Parcel Map No. 30703 which was subsequently approved by the City Council,
subject to conditions, on September 18, 2002.
The owner offers for dedication to the public an easement five feet wide for public utility
purposes designated as "5' PUE".
It has been determined that required conditions have been satisfied, that Parcel Map No.
30703 is in substantial conformance with the approved Tentative Parcel Map, and that
Parcel Map No. 30703 is ready for City Council approval.
SUBMITTED: i%"�'"`'dy'
DAVID J. BARAKIAN
Director of Public Works, City Engineer
DAVID H. READY
City Manager
ATTACHMENTS:
1. Resolution /00
2. Map
3. Subdivision Agreement
SUBDIVISION IMPROVEMENT AGREEMENT
by and between
CITY OF PALM SPRINGS
and
MELVYN HABER REVOCABLE TRUST U/T/D DECEMBER 13, 1983
MELVYN HABER, TRUSTEE
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 Performance of Work.............................................. 3
1.5 Changes in the Work.............................................. 3
1.6 Defective Work....................................................... 3
1.7 No Warranty by City............................................... 3
1.8 Authority of the City Engineer................................ 3
1.9 Documents Available at the Site............................ 3
1.10 Inspection............................................................... 3
1.11 Compliance with Law............................................. 4
1.12 Suspension of Work............................................... 4
1.13 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
Construction............................................................ 11 1043
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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 Melvyn
Haber Revocable Trust U/T/D December 13, 1983, ("Subdivider"),
RECITALS
A. Subdivider is the owner of, and has obtained approval of a subdivision map for
Parcel Map No. 30703 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
City a 5 feet wide easement for public utility purposes. City desires to accept the 5 feet wide
easement for public utility purposes as shown on the subdivision map.
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 easement and other
improvements and facilities, as shown on the Map, are a material consideration to City in
approving the subdivision map for the Property and permitting development of the Property
to proceed.
COVENANTS
Based upon the foregoing Recitals which are incorporated herein by reference and
in consideration of City's approving the Map for the Property and permitting development of
the Property to proceed, Subdivider agrees to timely perform all of its obligations as set forth
herein.
1. Construction Oblations.
1.1 Works of Improvement. Subdivider agrees, at its sole cost and
expense, to construct or install or cause to be constructed or installed the sanitary
sewer and other improvements (herein sometimes collectively referred to as the
"Works of Improvement"), as the same may be supplemented and revised from time
to time as set forth herein (said plans and specifications, together with all related
documents, are referred to herein as the "Plans"). The estimated construction cost
for the Works of Improvement is $46,000.00.
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
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on the tentative map for the Property. The conditions of approval which have not
been satisfied prior to the date of this Agreement are identified on Exhibit"A" 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 Performance of Work. Subdivider shall furnish or cause to be furnished
all materials, labor,tools,equipment, utilities,transportation, and incidentals required
to perform Subdivider's obligations under this Agreement.
1.5 Changes in the Work. The City Engineer, without invalidating this
Agreement and without notification to any of the sureties or financial institutions
referenced in Paragraph 4, may order extra work or may make changes by altering
or deleting any portion of the Works of Improvement as specified herein or as
deemed necessary or desirable by the City Engineer as determined necessary to
accomplish the purposes of this Agreement and to protect the public health, safety,
or welfare. The City Engineer shall notify Subdivider or Subdivider's contractor in
writing (by Correction Notice) at the time a determination has been made to require
changes in the work. No field changes performed or proposed by Subdivider or its
contractor shall be binding on City unless approved in writing by the City Engineer.
1.6 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.
1.7 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.
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1.8 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.
1.9 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.
1.10 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.
1.11 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.
1.12 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 1.10. In case of suspension of work for any cause whatever, Subdivider and
its contractor shall be responsible for all materials and shall store them properly if
necessary and shall provide suitable drainage and erect temporary structures where
necessary.
1.13 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
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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 (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
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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
66499.11-66499.20-314, In this regard, Subdivider agrees that if the Works of
Improvement have not been completed on or before the later of two (2) years from
the date of this Agreement or within the time allowed herein, whichever is the later,
and if City thereafter initiates proceedings to revert the Property to acreage, pursuant
to Government Code Section 66499.16 Subdivider hereby consents to reversion and
agrees that any improvements made by or on behalf of Subdivider shall not be
considered in determining City's authority to revert the Property to acreage.
2.6 Time of the Essence. Time is of the essence of Subdivider's
performance of all of its obligations under this Agreement,
3. Labor.
3.1 Labor Standards. Subdivider shall be responsible for causing all
contractors and subcontractors performing any of the Works of Improvement to
comply with all applicable federal and state labor standards, including to the extent
applicable the prevailing wage requirements promulgated by the Director of Industrial
Relations of the State of California Department of Labor.
3.2 Nondiscrimination. Subdivider agrees that no contractor or
subcontractor performing any of the Works of Improvement shall discriminate against
any employee or prospective employee with respect to such work in hiring,
promotion, seniority, or any other terms and conditions of employment on the
grounds of race, creed, color, national origin, ancestry, religion, sex, or marital status.
3.3 Licensed Contractors. Subdivider shall cause all of the Works of
Improvement to be constructed by contractors and subcontractors with valid
California Contractors' licenses for the type of work being performed.
3.4 Worker's Compensation. Subdivider shall cause every contractor and
subcontractor performing any of the Works of Improvement to carry Workers'
Compensation Insurance as required by the Labor Code of the State of California
and shall cause each such contractor and subcontractor to submit to City a
Certificate of Insurance verifying such coverage prior to such contractor or
subcontractor entering onto the job site.
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4. Securi ,
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$46,000.00, equal to 100% of
the estimated construction costs listed 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 the amount
of $23,000.00, equal to 50% of the estimated construction cost
referenced in Section 1.1.
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 far a period of one(1)year following
said acceptance ("Maintenance and Warranty Security Instrument"), with the
amount of such Security Instrument to be $11,500,00, equal to 25% of the
estimated construction cost set forth in Section 1.1 or a suitable amount
determined by the City Engineer.
4.2 Form of Security Instruments. All Security Instruments shall be in the
amounts required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the
following minimum requirements and otherwise shall be in a form provided by City or
otherwise approved by the City Attorney:
(a) Bonds. For Security Instruments provided in the form of bonds,
any such bond must be issued and executed by an insurance company or
bank authorized to transact surety business in the State of California. Any
insurance company acting as surety shall have a minimum rating of A-IX, as
rated by the current edition of Best's Key Rating Guide published by A.M.
Best's Company, Oldwick, New Jersey, 08858. Any bank acting as surety
shall have a minimum rating of AA, as rated by Moody's or Standard & Poor's.
(b) Letters of Credit. For Security Instruments which are letters of
credit, any letter of credit shall be an original separate unconditional,
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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 d 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 may
be 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. WWI
(a) In the event a letter of credit is given pursuant to Section 4.2(b),
City shall be entitled to draw on any such letter of credit if a replacement letter
of credit (expiring in not less than one (1) year, unless City agrees to a lesser
term in City's sole and absolute discretion) is not delivered not less than thirty
(30) days prior to the expiration of the original letter of credit, such substitute
letter of credit being in the same amount and having the terms and conditions
as the initial letter of credit delivered hereunder, issued by a financial
institution acceptable to City as of the date of delivery of the replacement
letter of credit.
(b) In the event of draw by the City on a letter of credit, the City may
elect, in its sole and absolute discretion, to apply any such funds drawn to the
obligations secured by such letter of credit or to hold such funds in an account
under the control of the City, with no interest accruing thereon 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
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warranty period, provided no claims are outstanding at that time regarding
defective work.
5. Cost of Construction and Provision of Inspection Service.
5.1 Subdivider Responsible for All Costs of Construction. Subdivider shall
be responsible for payment of all costs incurred for construction and installation of
the Works of Improvement. In the event Subdivider is entitled to reimbursement from
City for any of the Works of Improvement, such reimbursement shall be subject to a
separate Reimbursement Agreement to be entered into between Subdivider and City
prior to construction of the works.
5.2 Payment to City for Cost of Related Inspection and Engineering
Services. Subdivider shall compensate City for all of City's costs reasonably
incurred in having its authorized representative make the usual and customary
inspections of the Works of Improvement. In addition, Subdivider shall compensate
City for all design, plan check, evaluating any proposed or agreed-upon changes in
the work. The procedures for deposit and payment of such fees shall be as
established by the City Council. In no event shall Subdivider be entitled to additional
inspections or a final inspection and acceptance of any of the Works of Improvement
until all City fees and charges have been fully paid, including without limitation,
charges for applicable penalties and additional required inspections.
6. Acceptance of Offers of Dedication. .The City Council shall pass as appropriate
resolution or resolutions accepting all offers of dedication shown on the Map for the
Property, with acceptance to become effective upon completion and acceptance by
City of the Works of Improvement. Such resolution(s)shall authorize the City Clerk to
execute the Certificate made a part of the Map regarding said acceptance of the offer
of dedication.
7. Warranty of Work. Subdivider shall guarantee all Works of Improvement against
defective materials and workmanship for a period of one (1) year from the date of
final acceptance. If any of the Works of Improvement should fail or prove defective
within said one (1)year period due to any reason other than improper maintenance,
or if any 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.
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8.1 Remedies Not Exclusive. In any case where this Agreement provides
a specific remedy to City for a default by Subdivider hereunder, such remedy shall be
in addition to, and not exclusive of, City's right to pursue any other administrative,
legal, or equitable remedy to which it may by entitled.
8.2 City Right to Perform Work. In addition to whatever other rights or
remedies it may have for Subdivider's default hereunder, in the event Subdivider
shall fail to timely perform any work required to be performed under this Agreement
and such failure shall continue for a period of twenty(20) days after receipt of written
notice of default from City, or thereafter Subdivider shall fail to diligently and
continuously pursue the cure of any such default to completion, City shall have the
right to enter into the Property and perform any of the uncompleted work by force
account or contract or both and thereupon recover from Subdivider or any Security
Instrument, or both, the full cost and expense thereby incurred by City.
8.3 Attorney's Fees and Costs. In the event that Subdivider fails to perform
any obligation under this Agreement, Subdivider agrees to pay all costs and
expenses incurred by City in securing performance of such obligations, including
costs of suit and reasonable attorney's fees. In the event of any dispute arising out of
Subdivider's performance of its obligations under this Agreement or 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. /C)14 ) v
10.2 No Third Party Beneficiaries. This Agreement is intended to benefit
only the parties hereto and their respective successors and assigns. Neither City nor
Subdivider intend to create any third party beneficiary rights in this Agreement in any
contractor, subcontractor, member of the general public, or other person or entity.
10.3 Entire Agreement: Waivers and Amendments. This Agreement
integrates all of the terms and conditions mentioned herein, or incidental hereto, and
supersedes all negotiations and previous agreements between the parties with
respect to all or part of the subject matter hereof, except as may be expressly
provided herein. All waivers of the provisions of this Agreement must be in writing
and signed by an authorized representative of the party to be charged, and all
amendments hereto must be in writing and signed by the appropriate representatives
of both parties.
11. Corporate Authority. The persons executing this Agreement on behalf of the
parties hereto warrant the (1) such party is duly organized and existing, (ii) they are
duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by
so executing this Agreement, such party is formally bound to the provisions of this
Agreement, and (iv) the entering into of this Agreement does not violate any
provisions of any other Agreement to which said party is bound.
10* J
11
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:
Melvyn Haber Revocable Trust U/T/D
December 13, 1983
(Check One: X individual,_ partnership
corporation) A
(Notarize Signature) BY:
y—��f J
Melvyn Haber, Trustee
Mailing Address:
200 W. Ramon Road
Palm Springs, CA 92264
12
EXHIBIT"A"
CONDITIONS OF TENTATIVE MAP APPROVAL APPLICABLE TO PROJECT
SANITARY SEWER
1. Developer shall construct an 8 inch sewer main from the existing cleanout east of the
property to Manhole No. 7 as shown on the approved Sewer Improvement Plan, File
No. 2A-1-90, Drawing No. 2780-3, on file with the Engineering Department. The
developer shall have a California licensed civil engineer modify the approved drawing
to extend the 8 inch sewer main to service the existing structure located on Parcel 1,
if possible, or shall otherwise construct required sewer mains as necessary to provide
sewer service to Parcel 1 as shown on the approved Sewer Improvement Plan, File
No. 2A-1-89, Drawing No. 2780-2.
l /07
13
ALL-PURPOSE ACKNOWLEDGMENT
State of California CAPACITY CLAIMED BY SIGNER
County of Riverside ❑ INDIVIDUAL(S)
❑ CORPORATE
On April 14, 2003 beforeme, Laura M. Gardner OFFICER(S)
Date Name, Title of Officer TITLES)
personally appeared MELVYN HABER ❑ PARTNER(S)
NAME(S) OF SIGNER(S) ❑ ATTORNEY-IN-FACT
t§XTRUSTEE(S)
❑personally known to me-OR- ❑ SUBSCRIBING WITNESS
❑ GUARDIAN/CONSERVATOR
Yproved to me on the basis of satisfactory evidence to be the persons(.0 whose nameo ❑ OTHER
is/xe subscribed to the within instrument and acknowledged to me that he/shaAhay executed
the same in his/her4air authorized capacity(ies), and that by his/heghkeir signature(/)on
the instrument the person(6)or the entity upon behalf of which the persons(o)acted,executed
the instrument. ,;:., .,">o o <Mna n .,,.- SIGNER IS REPRESENTING:
- LAURFl M. GARDNER
Witness my hand and offcial seal. ' COMM. #1262875
a= NOTARY PUBLIC-CALIFORNIA�
�Sgnature'
� " -! �of Notary +++w++++++++s++eeoe+e++caa+++e+++so
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this
certificate to unauthorized document.
THIS CERTIFICATE Title or Type of Document
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages DATE of DOCUMENT
DESCRIBED AT RIGHT:
Signer(s) Other Than Named Above
r�
i
RESOLUTION NO.
OFTHE CITY COUNCIL OF THE CITYOF PALM SPRINGS,
CALIFORNIA,APPROVING PARCEL MAP NO. 30703 FOR
PROPERTY LOCATED AT 700 W. STEVENS ROAD, IN
SECTION 10, T 4 S, R 4 E
WHEREAS the Planning Commission, at its meeting of August 14, 2002, recommended
approval of Tentative Parcel Map No.30703 requested by Sanborn A&E, Inc.,representing
Melvyn Haber Revocable Trust U/T/D December 13, 1983, for the above described
property, subject to conditions; and
WHEREAS the City Council at its meeting of September 18, 2002, approved Tentative
Parcel Map No. 30703 subject to conditions; and
WHEREAS the owner offers for dedication to the public an easement five feet wide for
public utility purposes designated as "S PUE".
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs as
follows:
1. That Parcel Map No. 30703 is in substantial conformance with approved Tentative
Parcel Map No. 30703; and
2. That requisite conditions associated with Tentative Parcel Map No. 30703 have
been satisfied; and
3. That Parcel Map No. 30703 is in conformance with the General Plan; and
4. That Parcel Map No.30703 conforms to all requirements of the Subdivision MapAct
of the State of California; and
5. That the offer of dedication to the public on Parcel Map No. 30703 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 Parcel Map No. 30703 is hereby approved for purposes therein defined.
ADOPTED this day of , 20
AYES:
NOES:
ABSENT:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By
City Clerk City Manager
REVIEWED &APPROVED AS TO FORM: /0
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