HomeMy WebLinkAboutA4433 - CV HOUSING COALITION SUBDIVISION IMPROVEMENT COTTONWOOD CHUCKWALLA CVHC
Subdi*rision Improvement
AGREEMENT #4433
R20241 , 12-19-01
SUBDIVISION IMPROVEMENT AGREEMENT
by and between
CITY OF PALM SPRINGS
and
COACHELLA VAL T,E 1�HOUSING COALITION
0 TABLE OF CONTENTS •
I.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
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5.1 Subdivider*onsible for All Related Costs of •
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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SLGIVISION IMPROVEMENT AGREE04T
THI$ SUBDIVISIO IMPROVEMENT AGREEMENT(this "Agreement")is entered into
this day of � 200J_ , by and between the CITY OF PALM
SPRINGS, a municipal corporation of the State of California ("CITY"), and Coachcella Valley
Housing Coalition ("Subdivider").
RECITALS
A. Subdivider is the owner of,and has obtained approval of a subdivision map for Tract
No.29695 in the City ofPalm Springs,County ofRiverside,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 the
easements shown on the Map as Lot"A". City desires to accept the easement shown on the Map as
Lot"A"for street and public utility purposes 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 oflinprovement pursuant to
this F greement 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 ofthe 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 maybe 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$
60,068.49
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 which have not been satisfied prior
to the date of this Agreement are identified on Exhibit "A" hereto.
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1.3 Intent flans. The intent of the Plans referenceosection 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 ofthe Plans,Subdivider or its contractor shall immediately notify its design engineer
who will seek approval ofthe City Engineer for furnishing of detailed instructions.In the event
of any doubt or question arising regarding the true meaning of any ofthe 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 ofthe
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.l(a)(iii)and,
after setting the monument(s),Subdivider shall furnish the City Engineer of the City ofPalm
Springs written notice ofthe setting of said monument(s)and written proof ofhaving paid the
engineer or surveyor for the setting of said monument(s).
1.5 Performance of Work. Subdivider shall famish or cause to be famished 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 ofthe 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.
1.7 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 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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1.9 AuthAf the City En ineer. In addition to thOthority 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 ofmaterials 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 ofthe
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 j ob site. City's inspector shall
have the authority to stop any and all work not in accordance with the requirements contained
or reference!in this Agreement.
The inspection ofthe workby 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 ofthis 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 responsible
for all materials and shall store them properly ifnecessary 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 ofthe Works of Improvement,Subdivider shall then request a final inspection
ofthe 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
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inspections,to subrift writing a detailed statement ofthe worWormedsubsequenttothe
date ofthe 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 thigy(30)days followingCity's approval ofthe Plans("Commencement Date");
and(ii)complete or cause to be completed all of the Works of Improvement nine(9)months
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 ofpublic 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 ForceMajeure. 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 Maj eure 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.
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2.5 Reversoo Acreage.In addition to whatever otloghts 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 ifCity 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 Nondiscri-nination. 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 ofthe Works ofImprovementto carry Workers'Compensation
Insurance as required by the Labor Code of the State of California and shall cause each such
contractor and subcontractor to submit to City a Certificate of Insurance verifying such
coverage prior to such contractor or subcontractor entering onto the job site.
4. 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"):
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Oi) A Security Instrument securing Sub&er's faithful performance
of all of the Works of Improvement ("Faithful Performance Security
Instrument"),in the amount of$60,068.49 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 an amount equal to$30,034.24 ofthe estimated construction
cost referenced in Section 1.1.
(iii) A Security Instrument guaranteeing the payment of the cost of
setting monuments as required in Section 1.4 in the amount of$ 0_00 of the
estimated monumentation cost.
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 Securi1y Instrument for Maintenance and Warranty.Prior tothe
City Council's acceptance of the Works of Improvement and recordation of allotice
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 he
equal to $6,517.12 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 41(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 ofbonds,any such
bond must be issued and executed by an insurance company or bank authorized to
transact surety business in the State of California.Any insurance company acting as
surety shall have a minimum rating of A-IX,as rated by the current edition of Best's
Key Rating Guide published by A.M.Best's Company,Oldwick,New Jersey,08858.
Any bank acting as surety shall have a minimum rating of AA,as rated by Moody's or
Standard&Poor's.
(b) Letters of Credit. For Security Instruments which are letters of credit,any
letter of credit shall be an original separate unconditional,Irrevocable,negotiable and
transferable commercial letter of credit issued by a financial institution with offices in
the State of California acceptable to City. Any such letter of credit shall specifically
permit City to draw on same by unilateral certification ofthe City Engineer ofthe 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.
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(c) entofCredit. For Security Instrur*s 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 ofImprovement,
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 Cityto 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 ofthe cost
ofthe labor and materials for the improvements required to be constructed or installed hereby
and shall,within ten(10)days after written demand therefor,deliver to City such substitute
security as City shall require satisfying the requirements in this Section 4.
4.4 Letters of Credit.
(a) In the event a letter of credit is given pursuant to Section 4.2(b),City shall
be entitled to draw on any such letter of credit if a replacement letter of credit
(expiring in not less than one(1)year,unless City agrees to a lesser term in City's sole
and absolute discretion) is not delivered not less than thirty (30) days prior to the
expiration of the original letter of credit,such substitute letter of credit being in the
same amount and having the terms and conditions as the initial letter of credit
delivered hereunder,issued by a financial institution acceptable to City as ofthe 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
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City elects &ld the funds in an account pursuanlethe 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 requestedby 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 ofthe 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.Iflien 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 ofthe 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 ofthe 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 priorto construction ofthe 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 ofthe Works
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of Improvement wall City fees and charges have been 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 ofthe Works ofImprovement 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 backfrll 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 ofthe required
labor and materials shall be chargeable to and payable by Subdivider.The warranty provided
herein shall not be in lieu of,but shall be in addition to,any warranties or other obligations
otherwise imposed by law.
8. Default.
8.1 Remedies Not Exclusive. In any case where this Agreement provides a specific
remedy to City for a default by Subdivider hereunder,such remedy shall be in addition to,and
not exclusive of,City's right to pursue any other administrative,legal,or equitable remedy to
which it may by entitled.
8.2 City Right to Perform Work. In addition to whatever other rights or remedies it
may have for Subdivider's default hereunder, in the event Subdivider shall fail to timely
perform any work required to be performed under this Agreement and such failure shall
continue for a period of twenty(20)days after receipt of written notice of default from City,
or thereafter Subdivider shall fail to diligently and continuously pursue the cure of any such
default to completion,City shall have the right to enter into the Property and perform any of
the uncompleted work by force account or contract or both and thereupon recover from
Subdivider or any Security Instrument,or both,the full cost and expense thereby incurred by
City.
8.3 Attorney's Fees and Costs. In the event that Subdivider fails to perform any
obligation under this Agreement,Subdivider agrees to pay all costs and expenses incurred by
City in securing performance of such obligations, including costs of suit and reasonable
attorney's fees. In the event of any dispute arising out of Subdivider's performance of its
obligations under this Agreement or under any ofthe Security Instruments referenced herein,
the prevailing party in such action,in addition to any other reliefwhich may be granted,shall
be entitled to recover its reasonable attorney's fees and costs. Such attorney's fees and cost
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shall include fees a6osts on any appeal, and in addition a a entitled to attorneys 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 ofthe action and shall be enforceable whether or not the action is
prosecuted to judgment.
9. Indemni . 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 SuccessorsandAssians. 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 PaM Beneficiaries. This Agreement is intended to benefit only the
parties hereto andtheir 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 ofthis Agreement mustbe in writing and signedbyan 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. CorporateAuthorit_v. The persons executing this Agreement on behalf ofthe parties
hereeto warrant the(I)such parry 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 parry 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 parry is bound.
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IN WITNESS WH*OF,the parties hereto have executed subdivision Improvement
Agreement as of the date first above written.
DATED: — ✓� —�
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
Patricia A. Sanders, City Clerk David Ready, City Manaker�^
APPROVED AS TO FORM:
City Atto
CONTRACTOR:
Coachella Valley Housing Coalition
(Check One: individual, partnership,
X No prof, -_C Iorporation)
I
(Notarize Signature) By: , -�
o . M�a� Executive Director
"Subdivider"
Mailing Address:
Coachella Valley Housing Coalition
Plaza 1
45-701 Monroe Street, Suite G
Indio, CA 92201
JU uL i %`ti �w L
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STATE OF CALIFORNIA )
)SS.
County of Riverside )
On November 30, 2001, before me, Mary Aim Ybana personally appeared John F. Mealev
, personally lmown to me or(proved to me on the basis of satisfactory evidence) to be the
person(s)who rs/are subscribed to the within instrument and acknowledge to me that he/shrhhey executed the
same in his/hen'their authorized capacity(ies),and that by his/herftheir signature(s)on the instrument the person(s),
or the entity on behalf of which the persons)acted, executed the instrument.
WITNESS my hand and official seal. (Seal)
MARYANN YBARRA
Notary's Sigr}aty'u?eW Comm.111214383
QMV
NOTARY PUBLIC-CALIFORNIAMy commission expires March 29, 2003 Riverside County Comm.Expires March 29,2003
OPTIONAL INFORMATION
The information below is not required by law. However, it could prevent fraudulent attaclunent of this
acknowledgment to an unauthorized document.
CAPACITY CLAIMED BY SIGNER(PRINCIPAL) DESCRIPTION OF ATTACHED
DOCUMENT
❑ INDIVIDUAL
® CORPORATE OFFICER Subdivision Improvement Agreement
Executive Director Title or Type of Document
Title(s)
PARINER(S) 17
❑ ATTORNEY-IN-FACT Number of Pages
TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR Date of Document
❑ OTHER:
Other
SIGNER IS REPRESENTING:
Name of Person(s) or Entity(ies) RIGHT
THUMBPRINT
Coachella Valle.),Tfniicing Coalition OF
SIGNER
0 EXHIBIT "A" •
CONDITIONS OF TENTATIVE MAP APPROVAL APPLICABLE TO PROJECT
STREET
1. Any improvements within the street right-of-way require a City of Palm Springs
Encroachment Permit. Work shall be allowed according to Resolution 17950 -
Restricting Street Work on Secondary Thoroughfares.
2. Submit street improvement plans prepared by a Registered Civil Engineer to the
Engineering Department.The plan(s)shall be approved by the City Engineer prior to
issuance of any grading or building permits. ,
Minimum submittal shall include the following,IF applicable:
A. Copy of signed Conditions of Approval from Planning Department.
B. All agreements and improvement plans approved by City Engineer, IF
applicable.
C. Proof of processing dedications of right-of-way, casements, encroachment
agreements/licenses,covenants,reimbursement agreements,etc.required by
these conditions.
AVENIDA CABALLEROS
3. Dedicate an additional right-of-way of 14 feet to provide the ultimate half street width
of44 feet along the entire frontage(APN 507-042-011),together with a property line-
comer cut-back at the NORTHEAST corner ofthe subject property in accordance with
City of Palm Springs Standard Drawing No. 105.
4. Dedicate a property line-comer cut-back at the SOUTHEAST corner ofthe subject
property (APN 507-042-022) in accordance with City of Palm Springs Standard
Drawing No. 105.
5. Construct a 6 inch curb and gutter 32 feet WEST of centerline along the entire
frontage, with a 35 foot radius curb return at the NORTHEAST and SOUTHEAST
corners of the subject property per City of Palm Springs Standard Drawing No. 200.
6. Construct a 8 foot wide combination sidewalk and bicycle path along the entire
AVENIDA CABALLEROS frontage.The construction shall be adjacent to the curb
with colored Portland Cement concrete. The admixture shall be Palm Springs Tan,
Desert Sand,or approved equal color by the Engineering Department. The concrete
shall receive a broom finish.
7. Construct the SOUTH half of an 8 foot cross gutter and spandrel at the intersection of
COTTNWOOD AVENUE and AVENIDA CABALLEROS with a flow line parallel
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to the cente0e of AVENIDA CABALLEROS in al6dance with City of Palm
Springs Standard Drawing No. 200 and 206.
8. Construct the NORTH half of an 8 foot cross gutter and spandrel at the intersection of
CHUCKWALLA ROAD and AVENIDA CABALLEROS with a flow line parallel to
the centerline ofAVENIDA CABALLEROS in accordance with City ofPalm Springs
Standard Drawing No. 200 and 206.
9. Construct a curb ramp meeting current California State Accessibility standards at the
NORTHEAST and SOUTHEAST corners of the subject property per City of Palm
Springs Std. Dwg. Nos. 212 and 212A.
10. Remove and replace existing pavement with a minimum pavement section of 3 inch
asphalt concrete pavement over 6 inch aggregate base with a minimum subgrade of24
inches at 95%relative compaction,OR equal,from edge of proposed gutter to clean
saw cut edge ofexisting pavement along the entire frontage in accordance with City of
Palm Springs Standard Drawing No. 330 and 110. The pavement section shall be
designed, using"R"values,by a licensed Soils Engineer and submitted to the City
Engineer for approval.
11. All broken or off grade CURB,GUTTER and AC PAVEMENT shall be repaired or
replaced.
COTTONWOOD AVENUE
12. Construct a 6 inch curb and gutter 18 feet SOUTH of centerline along the entire
frontage
of the subject property per City of Palm Springs Standard Drawing No. 200.
(Remove all cracked or unsuitable existing curb,gutter,sidewalk,and reconstruct per
items No. 12 and No. 14.Remove all existing driveway approaches.The existing curb,
gutter and sidewalk which is undamaged shall remain in place except for proposed
driveway approaches which shall be constructed per item No. 13)
13. The driveway approaches shall be constructed in accordance with City of Palm
Springs Standard Drawing No. 201 and have minimum widths of 10 feet.
14. Construct a minimum 5 foot wide sidewalk behind the curb along the entire frontage
in accordance with City of Palm Springs Standard Drawing No. 210.
15. Remove and replace existing pavement with a minimum pavement section of 2 1/2
inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade
of 24 inches at 95%relative compaction,OR equal,from edge of proposed gutter to
centerline along the entire frontage in accordance with City ofPalm Springs Standard
Drawing No.300 and 110.The pavement section shall be designed,using"R"values,
by a licensed Soils Engineer and submitted to the City Engineer for approval.
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16. All broken*grade CURB,GUTTER,SIDEWALK AC PAVEMENT shall
be repaired or replaced.
CHUCKWALLA ROAD
17. The existing curb and gutter shall remain in place except for curb cuts necessary for
driveway approaches.
18. The driveway approaches shall be constructed in accordance with City of Palm
Springs Standard Drawing No. 201 and have minimum widths of 10 feet.
19. Construct a minimum 5 foot wide sidewalk behind the curb along the entire frontage
in accordance with City of Palm Springs Standard Drawing No. 210.
20. Remove and replace existing pavement with a minimum pavement section of2'/z inch
asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of24
inches at 95% relative compaction, OR equal, from edge of existing gutter to
centerline along the entire frontage in accordance with City ofPalm Springs Standard
Drawing No.300 and 110.The pavement section shall be designed,using"R"values,
by a licensed Soils Engineer and submitted to the City Engineer for approval.
21. All broken or olfgrade CURB,GUTTER,AND AC PAVEMENT shall be repaired or
replaced.
TRAFFIC
39. The developer shall provide a minimum of48 inches of sidewalk clearance around all
street furniture, fire hydrants and other above-ground facilities for handicap
accessibility.The developer shall provide same through dedication of additional right-
of-way and widening of the sidewalk or shall be responsible for the relocation of all
existing traffic signal/safety light poles, conduit,pull boxes and all appurtenances
located on the AVENIDA CABALLEROS, CHUCKWALLA ROAD and
COTTONWOOD ROAD
frontages of the subject property.
40. Construction signing,lighting and barricading shall be provided for on all projects as
required by City Standards or as directed by the City Engineer. As a minimum, all
construction signing, lighting and barricading shall be in accordance with State of
California,Department ofTransportation,"MANUAL OF TRAFFIC CONTROLS
FOR CONSTRUCTION AND MAINTENANCE WORKZONES"dated 1996,or
subsequent additions in force at the time of construction.
E) I BIT "A"
TO SUBDIVISION ROPROVEMENT AGREEMENT
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