HomeMy WebLinkAbout5/1/2002 - STAFF REPORTS (7) DATE: May 1, 2002
TO: City Council
FROM: City Engineer
FINAL MAP NO. 29987 FOR CONDOMINIUM PURPOSES, SECTION 10 , T 4 S, R 4 E -
MAINIERO, SMITH AND ASSOCIATES, INC. FOR SPARTAN VILLA HERMOSA, LLC
RECOMMENDATION:
That the City Council approve Final Map No. 29987 for Condominium Purposes for
Mainiero, Smith and Associates, Inc. representing Spartan Villa Hermosa, LLC to divide
property located at 155 Hermosa Place (APN 505-264-001), Section 10, T 4 S, R 4 E.
SUMMARY:
Mainiero, Smith and Associates, Inc. representing Spartan Villa Hermosa, LLC, requests
that a one(1) lot Tract map for condominium purposes for property located at 155
Hermosa Place, Section 10, T 4 S, R 4 E, be approved. Twenty-one (21) condominium
units are proposed,
BACKGROUND:
Mainiero, Smith and Associates, Inc, representing Spartan Villa Hermosa, LLC, requests
that one (1) lot located at 155 Hermosa Place, Section 10, T 4 S, R 4 E, be divided into
twenty-one (21) condominium units.
At its meeting of June 20, 2001, the Planning Commission recommended approval of
Tentative Map No. 29987 for condominium purposes which was subsequently approved
by the City Council, subject to conditions, on July 5, 2001.
The owner offers an easement shown on the map as "2 foot sidewalk easement'for the
public use .
It has been determined that required conditions have been satisfied, that the Final Map No.
29987 for condominium purposes is in substantial conformance with the approved
Tentative Map, and that the Final Map No. 29987 for condominium purposes is ready for
City Council actions.
DAVID J. BARAKIAN
Director of Public Works, City Engineer
APPROVED
City Manager
ATTACHMENTS:
1. Map
2. Council Resolution
3. Subdivision Agreement and Letter of Credit
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SUBDIVISION OMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is
entered into this dayof 2002, by and between the CITY
OF PALM SPRINGS, a municipal corporation of the State of California ("CITY"), and
SPARTAN VILLA HERMOSA, LLC ("Subdivider").
RECITALS
A. Subdivider is the owner of, and has obtained approval of a subdivision
map for Tract No. 29987 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 Citythe easements shown on the Map as Lot(s) "_". City desires
to accept the easements shown on the Map as Lot(s) " " for emergency use
and utilities, 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 orderto
accommodate the development Hof 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,
are referred to herein as the"Plans").The estimated construction costfor the
Works of Improvement is $t 97,827.97.
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1 .2 Other Obligations Referenced in Conditions of Tentative Man
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.
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 forthe 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 Engineerforfurnishing 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 vvork. 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
2 goy
specified herein or as deemed necessary or desirable bythe City Engineer as
determined necessaryto 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 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 orto anyother person regarding the adequacy of the
Plans or related documents.
1 .9 Authority of thie 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
contractorto keep a copy of all approved Plans atthejob site and shall give
access thereto to the Citys 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
contractorto furnish the City with every reasonable facilityfor 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 anytime before acceptance
of the Works of Improvement shall remove or uncover such portions of the
finished work as maybe 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 bythe City shall
not be considered as direct control of the individual workmen on thejob 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
3 57;1s"10,
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 SuspensionofWork. City Engineer shall have authorityto order
suspension of the work for failure of the contractor to comply with law
pursuant to Section 1 .11 . In case of suspension of work for any cause
whatever, Subdivider and its contractor shall be responsible for all materials
and shall store them properly if necessary and shall provide suitable
drainage and erect temporary structures where necessary.
1 .14 Final Acceptance of Works of Improvement. After Subdivider's
contractor has completed all of the Works of Improvement, Subdivider shall
then request a final inspection of the work. It items are found by the
inspector to be incomplete or not in compliance with this Agreement or any
of the requirements contained or referenced herein, City will inform the
contractor of such items.Afterthe contractor has completed these items,the
procedure shall then be the same as specified above for the contractor's
initial requestforfinal inspection. If items arefound byCity'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 ofthe 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 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
4 5746
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 maybe 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 adl applicable requirements that area 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,thatthe period of anyenforced
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(orseparate portion thereof), Subdivider shall cause
such workto be diligently pursued to completion, and shall not abandon the
workfor 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 tirne 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. SOW
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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 applicablefederal and state labor standards,
including to the extent applicable the prevailing wage requirements
promulgated bythe 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 bythe Labor Code ofthe State
of California and shall cause each such contractor and subcontractor to
submitto City a Certificate of Insurance verifying such coverage priorto 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
$97,827.97 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 $ 48,913.99 o f 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 $ 3,825.00 of the estimated monumentation cost.
6 -.0 /945
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 equal to $ 24,456.99 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 Er Poor's.
(b) Letters of Credit. For Security Instruments which are
letters of credit, any letter of credit shall be an original separate
unconditional, Irrevocable, negotiable and transferable commercial
letter of credit issued by a financial institution with offices in the State
of California acceptable to City. Any such letter of credit shall
specifically permit City to draw on same by unilateral certification of
the City Engineer of the City that Subdivider is in default under its
payment or performance obligations hereunder or in the event
Subdivider fails to deliver a replacement letter of credit not less than
thirty (30) days prior to the date of expiration of any such letter of
credit and shall further be subject to the provisions of Section 4.4.
(c) Instrument of Credit. For Security Instruments which are
Instruments of Credit, any Instrument of Credit shall bean 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.
,v
(i) Payments under any Security Instruments shall be
required to be made(and,with respectto 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 Subdividers 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
Cityfrom such realization of any Security Instrument. Notwithstanding the
giving of any Security Instrument or the subsequent expiration of any
Security Instrument or any failure by any surety or financial institution to
perform its obligations with respect thereto, Subdivider shall be personally
liable for performance under this Agreement and for payment of the cost of
the labor and materials for the improvements required to be constructed or
installed hereby and shall, within ten (10) days after written demand
therefor, deliver to City such substitute security as City shall require
satisfying the requirements in this Section 4.
4.4 Letters of Credit.
(a) In the event a letter of credit is given pursuant to Section
4.2(b), City shall be entitled to draw on any such letter of credit if a
replacement letter of credit (expiring in not less than one (1) year,
unless City agrees to a lesser term in City's sole and absolute
discretion) is not delivered not less than thirty (30) days prior to the
expiration of the original letter of credit, such substitute letter of credit
being in the same amount and having the terms and conditions as the
initial letter of credit delivered hereunder, issued by a financial
institution acceptable to City as of the date of delivery of the
replacement letter of credit.
(b) In the event of draw by the City on a letter of credit,the City
may elect, in its sole and absolute discretion,to apply any such funds
drawn to the obligations secured by such letter of credit or to hold
such funds in an account under the control of the City, with no
interest accruing thereon for the benefit of the Subdivider. If the City
8 3W10
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
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) Cityshall releasethe 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 Cityfor all of City's costs reasonably
incurred in having its authorized representative make the usual and
9 W57911
customary inspections of the Works of Improvement. In addition, Subdivider
shall compensate Cityfor 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 Clerkto 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 back-fill 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 workwhich
may be damaged or displaced in so doing. Should Subdividerfail 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 laborand 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
10 jo I / /4;!_
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 Attorneys 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 attorneys 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 attorneys 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 actiion 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 Citys 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, attorneys 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 anythird 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
11 �w13
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 byan authorized representative of
the partyto 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 hereeto warrant the(1) such partyis dulyorganized 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.
O/Y
12
IN WITNESS WHEREOF, the parties hereto have executed this Subdivision
Improvement Agreement as of the date first above written.
DATED:
ATTEST: CITYOF PALM SPRINGS, CALIFORNIA
By
Patricia A. Sanders, City Clerk David Ready, City Manager
APPROVED AS TO FORM:
City Attorney
CONTRACTOR: Spartan Villa Hermosa, LLC
(Managing Member is Spartan Equity,
Inc.)
(Check One: individual, _ partnership
}C' corporations
(Notarize Signature) By: /VUV&
i
Terr nce Buckley, resident
Print Name and Title
(Notarize Signature) By:
Print Name and Title
"Subdivider"
Mailing Address:
Spartan Equity, Inc.
27 South Bruner Street
Hinsdale, IL 60521 01500
13
Page 1 of 3
EXHIBIT "A"
CONDITIONS OF TENTATIVE MAP APPROVAL APPLICABLE TO PROJECT
STREETS
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 Major and Secondary Thoroughfares.
2. The existing street improvement plans can be revised by a Registered Civil Engineer
to show the proposed improvements.The plans shall be approved by the City Engineer
prior to Final Map submittal to the City Council for approval.The plans are in the City
of Palm Springs Engineering Department.
HERMOSA PLACE
3. Construct a 6 inch curb and gutter, 20 feet SOUTH of centerline along the entire
frontage ofthe subject property per City ofPalm Springs Standard Drawing No.200.
4. The driveway approach shall be constructed in accordance with City of Palm Springs
Standard Drawing No. 201 and have minimum width of 10 feet.
5. 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.
6. 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 of 24
inches at 95% relative compaction, OR equal, from edge of proposed gutter to
centerline along the entire frontage in accordance with City of Palm Springs Standard
Drawing No. 110 AND 315. The pavement section shall be designed, using "R"
values,by a licensed Soils Engineer and submitted to the City Engineer for approval.
PRE,SCOTT DRIVE N.E.
7. Developer shall apply forthe vacation ofPRESCOTT DRIVE N.E.from HERMOSA
PLACE to EL ALAMEDA. Developer shall be responsible for final resolution of all
utilities, demolition of all existing improvements, reconstruction of affected
intersecting streets and coordination of improvements with adjacent property owners,
if applicable,for the street vacation.All agreements and improvement plans relative to
the above mentioned items shall be approved by the City Engineer prior to the
submittal of the street improvement plans. All underlying ownership of the proposed
14 �14
Page 2of3
vacated street shall be appropriately transferred and copies of the recorded deeds
provided to the City Engineer prior to issuance of building permits.
EL ALAMEDA
8. Construct a 6 inch curb and gutter, 18 feet NORTH of centerline along the entire
frontage of the subject property per City of Palm Springs Standard Drawing No.200.
9. Construct modified driveway approachesto accommodate bayparking stalls along the
EL ALAMEDA frontage per City of Palm Springs Standard Drawing No. 201 (See
Note 5 and Section A-A for depressed top of curb).
10. The driveway approach at the Main Entry shall be constructed in accordance with City
of Palm Springs Standard Drawing No. 201 and have minimum width of 24 feet.
11. 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.
12. 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 minima n 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. 110 AND300. The pavement section shall be designed, using "R"
values,by a licensed Soils Engineer and submitted to the City Engineer for approval.
TRAFFIC
33. 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 ofadditional 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 HERMOSA PLACE and EL ALAMEDA frontages of the subject
property.
34. The developer shall replace all damaged,destroyed,or modified pavement legends and
striping that is required by the City Engineer on the HERMOSA PLACE and EL
ALAMEDA frontages prior to issuance of a Certificate of Occupancy.
35. 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 minimwn, all
construction signing, lighting and barricading shall be in accordance with State of
15
Page 3 of 3
California,Department of Transportation,"MANUAL OF TRAFFIC CONTROLS
FORCONSTRUCTION AND MAINTENANCE WORKZONES"dated 1996,or
subsequent additions in force at the time of construction.
16 Ole
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No 6907
State of 0—WA0C\'\c-
County of
On a-9A-0a before me,
DATE NAME,TITLE OF OFFICER-E.G "JANE DOE,NOTARY PUBLIC"
personally appeared \ eC�gt�ce- &Ck\C
NAME(S) FSIGNER(s)
personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(* whose name(84 is/a-r-e
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/he-r-/-t-h-eir authorized
capacity(ies-), and that by his/h-e-r-fth-eir
�. signature(s) on the instrument the person(g),
Luommission#1308264 cILLE E.swANNER or the entity upon behalf of which the
C
-. NotaryPublic-California > person(i) acted, executed the instrument.
Riverside County ir
My Comm Expires Jun 27,2005
WITNESS my hand and official seal.
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S) TITLE OR TYPE OF DOCUMENT
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O Box 7184•Canoga Park,CA 91 3 0 9-71 84
IRREVOCABLE LETTER OF CREDIT
Canyon National Bank, N.A.
1711 E. Palm Canyon Drive
Palm Springs, CA 92264
Date of Issue: April 3, 2002
Our Irrevocable Standby Credit: No. 329512
Date of Expiry:_ October 3, 2002
Place of Expiry: At Our Counters
Applicant:
Spartan Villa Hermosa, LLC
Beneficiary:
City of Palm Springs
P.O. Box 2743
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92263-2743
Amount: USD $ 152,876.73 U.S. DOLLARS
Canyon National Bank. N.A. hereby establishes in favor of Beneficiary this
Irrevocable Letter of Credit No. 329512 available with Canyon National Bank.N.A.
(Issuer)by payment of Beneficiary's draft at sight drawn on Canyon National Bank, N.A.
(Issuer) accompanied by a statement from Beneficiary executed by a person purporting to
be the City Manager or the City Engineer of Beneficiary or authorized agent thereof in
one or both of the forms set forth in Exhibit "1" attached hereto.
Draft drawn under this Letter of Credit must bear the clause "Drawn" under
Canyon National Bank, N.A. (Issuer) Letter of Credit No. 329512 dated April 3, 2002.
Each draft presented hereunder must be accompanied by this original credit for
Canyon National Bank, N.A. (Issuer's) endorsement thereon of the amount of such draft.
The document must be forwarded to Canyon National Bank, N.A. (Issuer) at
Issuer's address: 1711 E. Palm Canyon Drive Palm Springs CA 92264.
020
Canyon National Bank. N.A. (Issuer) shall have no duty to and shall not
investigate into the veracity of any certification to be given under the terms of this Letter
of Credit, but shall be entitled to rely solely upon receipt of such certification in
permitting draws under this Letter of Credit. Applicant's sole recourse in the event of
any false certification by the Beneficiary shall be against Beneficiary and there shall be
no recourse against Canyon National Bank, N.A. (Issuer), provided that Canyon National
Bank, N.A. (Issuer)has complied with its obligations under this Letter of Credit.
This Letter of Credit shall be automatically extended, without amendment, for an
additional period or periods tip to six 6 moths from the present expiration date, unless
not less than thirty(30) day prior to any expiration date, Canyon National Bank,N.A.
(Issuer) shall notify Beneficiary in writing that either Canyon National Bank, N.A.
(Issuer) or Application elected not to renew or extend this Letter of Credit for such
additional period, nor has Applicant procured a replacement letter of credit, at which time
Beneficiary may draw against this Letter of Credit by presenting its draft and certification
as stated above.
This credit is subject to the Uniform Customs and Practice for Documentary
Credits (1983 Revision), International Chamber of Commerce Publication No. 400, and
engages us in accordance with the terms hereof.
Can on National Bank
By % /!✓ G�./L�
Robert Cross
Senior Vice President
SA Z)
INSTRUMENT OF CREDIT
(Labor and Material)
The undersigned, being a financial institution which is subject to regulation by the
State of California or by the Federal Govermnent hereby pledges that moneys to the
extent of Forty-nine thousand six hundred eighty-three dollars and ninety-one cents
($49,683.91) and on deposit by , hereinafter referred
to as Improver, for the purpose of securing payment to the engineer, contractor, his sub-
contractors and to persons renting equipment or fiirnishing labor or materials to them for
the improvement provided for the certain Agreement for Completion of Improvement
Work dated , by and between Improver and the City of Palm
Springs, a Municipal Corporation, an executed copy of which is hereto attached and
incorporated herein by reference and.that said funds are trust funds for the sole purposed
of guaranteeing the payment thereof to the City of Pahn Springs or such portion thereof
as said City may request for payment to the engineer, contractor, his subcontractor and to
persons renting equipment or furnishing labor or material to them in constriction of the
improvements set forth in said Agreement in event of default by Improver.
The undersigned agrees that upon receipt of written notice of default by Improver
in Improver's payment of payment as above set forth, signed by the City Engineer, the
undersigned shall immediately pay said funds or such amount thereof as shall be set forth
in said notice, to the City of Palm Springs.
The undersigned further agrees that is shall hold said fiords on deposit as trust
fiords for the uses and purposes herein set forth or such amount as may remain, until such
time as it receives written notice singed by the City Engineer of said City to the effect
that all said payments have been made and authorizing the release of said funds to the
depositor.
This Instrument of Credit is executed and delivered in addition to the Instrument
of Credit bearing the same date securing the faithful performance of said Agreement for
Completion of Improvement Work by Improver.
By execution and delivery of this histrunent to the City of Palm Springs, the
midersigned is relieved of any and all liability to Improver except as herein specifically
set forth.
Date at , e4 California, this',J day of , 200a
r---Can on National Bank
By_IY
Robert Cross
Seri r i
By
.� frey Gobble
Vice President
Page 1 of 2
hnstrument of Credit
(Labor and Materials)
The undersigned, being the Improver referred to in the foregoing Instrument of
Credit, hereby agrees to all the terms and conditions therein set forth and releases the
financial institution executing said Instrument of Credit from all liability except as therein
specifically set forth.
Dated at G Q4if ,this day of 20e,)L
Approved:
9
City Engineer
City of Palm Springs
SEAL
Approved as to form:
CCRA 41VAIEz CCR�.k Y
'�, 34T2➢T�'�My FOjv- ' 3TATE OF ILUMMS
City Attorney
City of Palm Springs
Page 2 of 2
INSTRUMENT OF CREDIT
(Faithful Performance)
The undersigned,being a financial institution which is subject to regulation by the
State of California or by the Federal Government hereby pledges that moneys to the
extent of Ninety-nine thousand three hundred sixty-seven dollars and eighty-two cents
($99,367.82) and on deposit by
hereinafter referred to as Improver, for the purpose of securing Improver's performance
of all the terms and conditions of that certain Agreement for Completion of Improvement
Work dated , by and between Improver and the City of Palm Springs, a
Municipal Corporation, an executed copy of which is hereto attached and incorporated
herein by reference and that said funds are trust funds for the sole purpose of
guaranteeing the payment thereof to the City of Palm Springs or such portions thereof as
said City may request for the completion of the improvements set forth in said Agreement
in event of default by Improver.
The undersigned agrees that upon receipt of written notice of default by Improver
in Improver's performance of the terms and conditions of said Agreement, singed by the
City Engineer of said City, the undersigned shall immediately pay said fiends or such
amount thereof as shall be set forth in said notice, to the City of Palm Springs.
The undersigned further agrees that it shall hold said funds on deposit as trust
funds for the uses and purposes herein set forth or such amount as may remain, until such
time as it receives written notice signed by the City Engineer of said City to the effect
that said Agreement has been fully performed and authorizing the release of said fiords to
the depositor.
This instrument of Credit is executed and delivered in addition to the Instrument
of Credit bearing the same date guaranteeing payment of labor and materials under said
Improvement Agreement by Improver.
By execution and delivery of this Instrument to the City of Palm Springs, the
undersigned is relieved of any and all liability to Improver except as herein specifically
set forth.
Date at California, this 5 Jday of , 20vz.
,---Canyon National Bank
By
Robert Cross '
Senior Vice President
By
ffrey Gobble
Vice President
Page I of 2 �
Y
(Faithful Performance)
The undersigned, being the Improver referred to in the foregoing Instrument of
Credit, hereby agrees to all the terms and conditions therein set forth and releases the
financial institution executing said Instrument of Credit from all liability except as therein
specifically set forth.
Dated at Mid A IG Cam, this g0day of , 20 .
K04
Approved:
City Engineer
City of Palm Springs
aGJrC�rN}M1.'1'M1P3`V.'I1r�11`l.'9''.IV'.IM:G..u"v=UM1.JI✓':v"a�L2.;
Approved as to form:
COR)k MAE CORLEY
S NOTAP Y r69BUC,SYATE OF VLL NOIS
�� G,�1V CL�Wm.'�Vd'�A�gT'V�7(PEi�E5:�D51T:n/O3 d�
City Attorney
City of Palm Springs
Page 2 of 2
1
INSTRUMENT OF CREDIT
(Survey Monument Security)
The undersigned,being a financial institution which is subject to regulation by the
State of California or by the Federal Government hereby pledges that moneys to the
extent of Three thousand eight hundred twenty-five dollars ($3,825.00) and on deposit by
, hereinafter referred to as Improver, for the
purposed of securing payment of engineer or surveyor for setting survey monument s in
accordance with the terms and condition of that certain Agreement for Completion of
Monumentation Work dated , by and between Improver
and the City of Palm Springs, a Municipal Corporation, an executed copy of which is
hereto attached and incorporated herein by reference and that said finds are trust funds
for the sole purposed of guaranteeing the payment thereof to the City of Palm Springs or
such portion thereof as said City may request for the completion f Monumentation set
forth in said Agreement in event of default by Improver.
The undersigned agrees that upon receipt of written notice of default by Improver
in Improver's monumentation of the terms and conditions of said Agreement, signed by
the City Engineer of said City, the undersigned shall immediately pay said funds or such
amount thereof as shall be set forth in said notice, to the City of Palm Springs.
The undersigned further agrees that it shall hold said funds on deposit as trust
finds for the uses and purposes herein set forth or such amount as may remain, until such
time as it receives written notice signed by the City Engineer of said City to the effect
that said Agreement has been fully performed and authorizing the release of said funds to
the depositor.
This Instrument of Credit is executed and delivered in addition to the Instrument
of Credit bearing the same date guaranteeing payment, faithful performance of labor and
materials under said Improvement Agreement by Improver.
By execution and delivery of this Instrument to the City of Pahn Springs, the
undersigned is relieved of any and all liability to Improver except as herein specifically
set forth.
O
Date ato California, this 3 day of�, 20v,;i
c C-a mg-National Bank
Bye
Robert Cross
Senor Vice Pr
By
ffrey Gobble
Vice President .iA0026
Page 1 of 2 aC]
Instrument of Credit
(Survey Monument Security)
The undersigned, being the Improver referred to in the foregoing Instrunu t of
Credity, hereby agrees to all the terms and conditions therein set forth and releases the
financial institution executing said Instrument of Credit from all liability except as therein
specifically set forth.DatedaL rOXJ /e this day of 20JAI.
Approved: /12—
City Engineer
City of Palm Springs
J01b^py"Jv✓b�P.'+FLP
Approved as to form: �'t' l;:ab°ILEY S,
P.SY C6?q¢pFi'o3:({i,i
City Attorney "
City of Palm Springs
Page 2 of 2
RESOLUTION NO.
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING FINAL MAP NO.
29987 FOR CONDOMINIUM- PURPOSES FOR
PROPERTY LOCATED AT 155 HERMOSA PLACE,
SECTION 10, T 4 S, R 4 E
WHEREAS the Planning Commission, at its meeting of June 20, 2001 recommended
approval of Tentative Map No. 29987 for condominium purposes, requested by Mainiero,
Smith and Associates, Inc. representing Spartan Villa Hermosa, LLC for the above
described property, subject to conditions; and
WHEREAS the City Council, at its meeting of July 5, 2001approved Tentative Map No.
29987 for condominium purposes subject to conditions; and
WHEREAS the owner offers the easement shown on the map as "2' sidewalk easement"
for public use purposes;
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Palm Springs
finds that Final Map No.29987 for condominium purposes is in substantial conformance
with approved Tentative Map No.29987 and has satisfied conditions as required, and is in
conformance with the General Plan, and conforms to all requirements of the Subdivision
Map Act of the State of California, and authorizes the City Clerk to accept said offer of
easement, and the City Council does hereby approve Final Map No. 29987 for
condominium purposes for property herein described.
ADOPTED this_day of 20_
AYES:
NOES:
ABSENT:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By —
City Clerk City Manager
REVIEWED &APPROVED AS TO FORM:
1"S