Item 1W - Page 8
7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity
EXAMPLE
JANEDOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
A.
100%, Toll West Inc. which will do business in
Toll Holdings, Inc. California as Toll Brothers West Inc:
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
B.
Toll Brothers, Inc. (Publicly-traded-NYSE) 100%, Toll Holdings, Inc. [name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C.
The Vanguard Group 10.82%, Toll Brothers, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
D.
BlackRock, Inc. 10%, Toll Brothers, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
E.
Greenhaven Associates 5.3%, Toll Brothers, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Date
Kris Camb ell LD Vice President
PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.
(Revised 05/16/19)
CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Item 1W - Page 9
6. PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
ATTACHMENT
Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (continued) • Toll West Inc. which will do business in California as Toll Brothers West Inc.
Officers: Kris Campbell
Todd Callahan
Kevin J. Coen
Christina M. Congdon
Gregory M. Deacon
Joseph R. Desanto
David Ernst Michael J. Escarcega
Scott Esping
Kenneth J. Greenspan
Benjamin A. Gold Michael J. Grubb Bradley L. Hare
Jonathan M. Hayes
Benjamin C. Helber
Peter G. Hemphill
Timothy J. Hoban
Raj Kaur
Nicholas Kosla
Shem Lao
Joyce Lee
Peter H. Kim
William W. McReynolds IV
Stephen D. Mikhalevich
Craig Miller
Joshua Neiman
Nicholas W. Norvilas
Mo Rahim
Seth Ring
Yolanda S. Rodriguez
Jack Rye
Steve M. Savage
Allison (Alli) Sweeney
Gregory S. Van Dam
Michael P. Villani
Gregg L. Ziegler
Item 1W - Page 10
• Toll Holdings, Inc.
Directors:
Officers:
Douglas C. Yearley, Jr.
Robert Parahus Martin P. Connor Kevin J. Coen
Martin P. Connor
Joseph R. Desanto
Kenneth J. Greenspan
Michael J. Grubb
Timothy J. Hoban
Robert Parahus Douglas C. Y earley, Jr.
Gregg L. Ziegler
• Toll Brothers, Inc. is publicly traded on the New York Stock Exchange.
Attachment B
Item 1W - Page 11
Department of Public Works and Engineering
Vicinity Map
CITY OF PALM SPRINGS
Item 1W - Page 12
~
0 O'.'. ~ - -----r-~-,,
0 0 Cl'.'. ~ f-~--½---C-----+-+--+--r-+-~
<C C
....I z
w ~~~-~~
m r---~--------_____, >-
z ~~~~~~~-----.-----.--------.---,---,,,.....,-----,----,------,--------,-------,--., <(
.------1-------=,,.,,.o--+---+---,-+-+-+-+-+---,.....,..-r ~ ..I
'--~~~~~~
!Legend
~Site
1-,t---_-_-----1-1 C>C-CHILLOAVE
1 c:::J 500' Radius 1 1111111111111 [ I I I ] r~
Attachment C
Item 1W - Page 13
Item 1W - Page 14
OWNER'S STATEMENT
WE HEREBY STATE THAT WE ARE THE OWNERS OF THE LAND INCLUDED WITHIN THE SUBDIVISION SHOWN HEREON: THAT WE ARE THE ONLY PERSONS WHOSE CONSENT IS NECESSARY TO PASS A CLEAR TITLE TO SAID LAND: THAT WE CONSENT TO THE MAKING AND RECORDING OF THIS SUBDIVISION MAP AS SHOWN WITHIN THE DISTINCTIVE BORDER LINE:
WE HEREBY DEDICATE TO PUBLIC USE, LOTS "B", -c· AND "D" FOR STREET AND PUBLIC UTILITY PURPOSES.
WE HEREBY DEDICATE TO THE CITY OF PALM SPRINGS, EASEMENT FOR PUBLIC UTILITY (PUE) AND SIDEWALK
PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS FOR SERVICE AND EMERGENCY VEHICLES AND PERSONNEL, OVER PORTIONS OF LOTS "A", "1" AND •4• AS SHOWN WITHIN THIS MAP.
WE HEREBY RETAIN LOT "A" INDICATED AS "PRIVATE STREET" FOR PRIVATE USE FOR THE SOLE BENfFIT OF OURSELVES, OUR SUCCESSORS, ASSIGNEES AND LOT OWNERS WITHIN THIS MAP.
RREF II-DC CAMERON, LLC,
A CALIFORNIA LIMITED LIABILITY COMPANY
BY: RREF II-DC CAMERON JV MEMBER, LLC,
A DELAWARE LIMITED LIABILITY COMPANY,
ITS MANAGER
NOTARY ACKNOWLEDGEMENT
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS
CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE
/NON/DUAL WHO SIGNED THE DOCUMENT TO WHICH THIS
CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS,
ACCURACY, OR VALIDITY OF THAT DOCUMENT.
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
ON J:.'4ki- lt~ , 2015 BEFORE ME, ('..(1"Cht/te ~M~ ,
NOTARY PUBLIC, PERSONALLY APPEARED ,lf\tt, 0'-llf--SfiJ-~- Vi U:._()_a,sjdlAf. ______ _ WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON($) WHOSE NAME(S)
IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S} ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON($) ACTED, EXECUTED THE INSTRUMENT.
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF FLORIDA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.
WITNESS MY HAND AND OFFICIAL SEAL.
PLEASE PRINT NAME: M,cht.Ut o~.fPl,r
PRINCIPAL PLACE OF BUSINESS: .MfiM(--{)AdJ; COUNTY
COMMISSION · EXPIRATION DATE: ".1 - S,-;l.ft _____ COMMISSION NUMBER: _ ___f!1?2Qv 1-L"C-,-~---
HUNSAKER & ASSOCIATES SAN DIEGO, INC
Pt.ANNING - ENGINEERING - SURVCYING
9707 WAPL£S STREET - SAN Of£GO, C4 92121
(858) 558-45()() - FAX (858) 558-1414
R:\ 1.?64\NMnr,\ Tr-0d Mnn\FM rAMFF<nN C:HT nn wn .,'tOA ... nn,;?
IN THE CITY OF PALM SPRINGS
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
TRACT MAP NO. 33575
BEING A SUBDIVISION OF A PORTION OF BLOCK "C" OF TAHQUITZ RIVER ESTATES NO. 2 AS FILED IN MAP BOOK 22.
PAGES 76 AND 77, RIVERSIDE COUNTY RECORDS
THIS IS A CONDOMINIUM PROJECT AS DEFINED IN SECTION 4125 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA AND IS FILED PERSUANT TO THE SUBDIVISION MAP ACT. THE MAXIMUM NUMBER OF RESIDENTIAL CONDOMINIUM UNITS JS 106.
HUNSAKER AND ASSOCIATES APRIL 2015
FOR CONDOMINIUM PURPOSES
TAX COLLECTOR'S CERTIFICATE
I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF THIS OFFICE, AS OF THIS DATE, THERE ARE NO
LIENS AGAINST THE PROPERTY SHOWN ON THE WITHIN MAP FOR UNPAID STATE, COUNTY, MUNICIPAL, OR
LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES, EXCEPT TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES, NOW A LIEN BUT NOT YET PAYABLE, WHICH ARE ESTIMATED TO BE , ___ -1!.~~- DATED: :J'~..,i \ , 2015
DON KENT, COUNTY TAX COLLECTOR
BY: ">11 •c. 5-e,.. •
DEPUTY
TAX BOND CERTIFICATE
I HEREBY CERTIFY THAT A BOND IN THE SUM OF 1--113..J.a!L_ ~ HAS BEEN EXECUTED AND FILED WITH THE
BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE, 'CALIFORNIA, CONDITIONED UPON THE PAYMENT OF
ALL TAXES, STATE, COUNTY, MUNICIPAL OR LOCAL, AND ALL SPECIAL ASSESSMENTS COLLECTED AS TAXES, WHICH AT THE TIME OF FILING OF THIS MAP .WITH THE COUNTY RECORDER ARE A LIEN AGAINST SAID
PROPERTY BUT NOT YET PAYABLE AND SAID BOND HAS BEEN DULY APPROVED BY SAID BOARD OF SUPERVISORS.
• DATED: ':J"'........ 1) , 2015 ·
HARPER-I HEM
HE BOARD OF SUPERV/,'<"tu:iICASH TAX BONDI
DON KENT
COUNTY TAX COLLECTOR
BY: ..,_._.. ~~ .... ---
DEPUTY DEPUTY
SIGNATURE OMISSIONS
PURSUANT TO SECTION 66436 (A), AND (C), OF THE SUBDIVISION MAP ACT, THE SIGNATURES OF THE FOLLOWING OWNERS OF EASEMENTS AND/OR OTHER INTEREST HAVE BEEN OMITTED.
EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS GRANTED IN A DOCUMENT, GRANTEE: CALIFORNIA ELECTRIC POWER COMPANY
PURPOSE: PUBLIC UTILITIES
RECORDED: OCTOBER 13, 1960, IN BOOK 2782, PAGE 101. O.R.
GRANTEE: RNERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT PURPOSE: MAINTENANCE
RECORDED: JANUARY 12, 1949, AS 1260. 0.R.
SOILS REPORT
PURSUANT TO SECTIONS 66490 OF THE SUBDMSION MAP ACT, A PRELIMINARY SOILS REPORT, NO. 08401-2, WAS PREPARED BY EARTH SYSTEMS SOUTHWEST ON 11/28/01, AND IS ON FILE WITH THE CITY OF PALM SPRINGS ENGINEERING DEPARTMENT.
SHEET 1 OF 4
RECORDER'S STATEMENT
FILED THIS;_; DAY OF _:S~lY __ 2015, AT J.~~ l.M.
IN BOOK __ j_'i.I.- OF MAPS AT PAGES _J..1:::..t...P_ AT THE
REQUEST OF THE CITY CLERK OF THE CITY OF PALM SPRINGS,
CALIFORNIA.
FEE: ..}t_Lk_ __ _
N0.~5_:-01~Lf1'f
BY:_M~
LARRY W. WARD
COUNTY RECORDER-ASSESSOR-CLERK
, DEPUTY
SUBDIVISION GUARANTEE BY: FIRST AMERICAN TITLE CO.
SURVEYOR'S STATEMENT
SHEETS
THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND IS BASED UPON A FIELD SURVEY
IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP AND LOCAL ORDINANCE AT THE REQUEST OF RREF II-DC CAMERON L.L.C. A CALIFORNIA LIMITED LIABILITY COMPANY IN FEBRUARY, 2015. I
HEREBY STATE THAT THIS ANAL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONAUY APPROVED TENTATIVE MAP. THAT ALL MONUMENTS SHOWN HEREON ACTUALLY EXIST AND THEIR POSITIONS ARE CORRECTLY SHOWN,
OR WILL BE IN ACCORDANCE WITH THE TERMS OF THE MONUMENT AGREEMENT FOR THIS MAP, ANO THAT SAID MONUMENTS WILL BE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. THE SURVEY IS TRUE AND COMPLETE SHOWN.
CITY SURVEYOR'S STATMENT
I HEREBY STATE THAT I HAVE EXAMINED THE WITHIN MAP OF TRACT MAP NO. JJ575 CONSISTING OF 4 SHEETS: THAT THE SUBDIVISION SHOWN HEREON IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP AND ANY APPROVED ALTERATIONS THEREOF; THAT ALL PROVISIONS OF THE STATE SUBDIVISION
MAP ACT AND ANY LOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH AND I AM SATISFIED THAT SAID MAP IS TECHNICALLY CORRECT.
DATED: __ Ju. 0 1 s-- , 2015
CITY CLERK'S STATEMENT
I, JAMES THOMPSON, CITY CLERK AND EX-OFFICIO ASSESSOR OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, STATE OF CALIFORNIA. HEREBY STATE THAT SAID CITY COUNCIL AT ITS REGULAR MEETING HELO ON THE~ DAY OF __ .:ru1--l 20.12 DULY APPROVED THE WITHIN MAP OF TRACT MAP NO. 33575, AND DID ACCEPT ON BEHALF OF THE PUBLIC LOTS "B", ·c- AND ·o· FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES; DID ACCEPT THE EASEMENT OVER PORTIONS OF LOTS "A': "1' AND •4: OFFERED FOR
PUBLIC UTILITY EASEMENT (PUE) AND SIDEWALK PURPOSES, TOGETHER WITH THE RIGHT OF INGRESS AND
EGRESS FOR SERVICE PERSONNEL AND EMERGENCY VEHICLES AND PERSONNEL AS DEDICATED AND SHOWN WITHIN THIS MAP.
THE TENTATIVE MAP FOR SAID TRACT MAP WAS APPROVED BY THE CITY COUNCIL AT ITS REGULAR MEETING HELD ON THE 7 DAY OF JULY, 2006.
DATED: p '1 /u, I z.o, 5
OMPSON
LERK AND EX-OFFICIO ASSESSOR OF THE
COUNCIL OF THE CITY OF PALM SPRINGS, CAL/FOR/NA
Item 1W - Page 15
.--------------------•"'~~'"" _______ ,,_, ----------w,;.,_T00'c-------------------------------------------------------------------------, TRACT MAP NO. 33575
BEING A SUBDIVISION OF A PORT!CW Ci BLOCK ·c OF iA'!OUiTZ mvrF? ESTATES NO. 2 AS FILED IN MA.P BOOK 22, B1\SlS Of' BEARll\/GS:
THE CENTERLINE OF MESQUITE AVENUE BEING
N89'JO'OO"W AS SHOWN ON MAP RECORDED IN M.B.
22, AT PAGE 77 OF MAPS, RECORDS OF RIVERSIDE
COUNTY, CALIFORNIA .
THIS IS A CONDOMINIUM PROJECT AS Off/NED IN SECTION 4125. OF TH£ C/VJL COD£ OF THE STATE OF CALIFORNIA AND IS FILED PERSUANT TO THE SUBDIVISION MAP ACT. THE MAXIMUM NUMBER OF RESIDENTIAL CONDOMINIUM UNITS IS 106.
HUNSAKER AND ASSOCIATES APRIL 2015
LEGEND
• INDICATES FOUND MONUMENTS AS NOTED.
0 INDICATES WILL SET 2" X 24" IRON PIPE AND DISC STAMPED "L.S. 8553",
6. INDICATES WILL SET COPPERWELD FLUSH TAGGED L..S. 8553. ( ) INDICATES RECORD DATA PER M.B. 22/76- 77.
[] INDICATES RECORD DATA PER M.B. 17/40.
< > INDICATES RECORD DATA PER RS 57/3-16
[[ ]) INDICATES RECORD DATA PER DOC. REC. 3/12/84 AS INST. NO. 50357 O.R.
C.P.S. INDICATES CITY OF PALM SPRINGS.
S.F.N.F. INDICATES SEARCHED FOR, NOTHING FOUND.
SURVEYOR'S NOTES
1. UNLESS OTHERWISE SHOWN ON THIS MAP: ALL LOT CORNERS EXCEPT AS DESCRIBED BE'LOW WILL BE MONUMENTED BY A 3/4" X 18" IRON PIPE STAMPED "l.S. 8553".
2. LOT CORNERS ALONG THE SIDELINE OF DEDICATED STREET RIGHT-OF-WAY WILL BE MONUMENTED BY A DISC STAMPED "l.S. 8553", SET ON AN EXTENSION OF THE LOT LINE .AT AN OFFSET OF 9.75 FEET IN THE CURB, ALL OFFSETS SHALL BE MEASURED RADIALLY OR AT RIGHT ANGLES TO THE RIGHT-OF-WAY LINE OR SIDELINE.
3. TOTAL NUMBER OF NUMBERED LOTS IS 4.
TOTAL NUMBER OF LETTERED LCTS IS 4.
4. THIS TRACT MAP cnNTAINS 11.699 ACRES WITHIN THE DISTINCTIVE BORDER. ffi INDICATES PROPOSED ANO EX6TING EASEMENTS.
FOR CONDOMINIUM PURPOSES
NUMBER
Cl
C2
CJ
C4
C5
C6
Cl
CB
C9
C10
C11
NUMBER
L1
L2
L3
DELTA RADIUS LENGTH
31'35'00" 716.78 395. 11
(31 '45'30" 707.00 391.88)
08"09'47" 716.78 102.12
23'25'13" 716.78 292.99
18'09'27" 676.78 214.48
(18"39'00" 667.00 217.10)
104'00'29" 20.00 36.31
(97'07'16" 20.00 33.90)
90'03'46" 159.51 250.73
(90'07'30" 159.51 250.90)
90'03'46" 184.51 290.03
(90'07'30" 184.51 290.23)
68'31'19" 184.51 220.66
21'32'27" 184.51 69.37
73'33'31" 20.00 25.68
(73'33'30" 20.00 25.68)
06"33'52" 716.78 82.12
BEARING DISTANCE
N89'30'00"E(R) 7.25'
N01'14'34"W(R) 11.58'
N71'10'42"W(R) 10.65'
FD. CALIF. DIV. HWY BRASS DISK, -
DOWN 12" IN MONUMENT PER
CALTRANS R/W MAP NO. 62803-2.
FD. CALIF. DIV. HWY BRASS DISK,
DOWN 12" IN MONUMENT PER
CALTRANS R/W MAP NO. 62803-2.
4 C
256.33'
DETAIL "B''
CAMERON
CENTER DR.
1 NTS
57/3-15
DEED REF. INST. NO.
50357 O.R. 3/12/84
FD. 1" I.P. WITH DISC STAMPED "LS
7083" PER COR. REC. 14-0170
DOWN 0.6" IN MONUMENT WELL ON
CENTERLINE 2.00' SOUTHWEST OF
TRUE POSITION.
T.1-\J-JO Utf7 RJVFR FSTATFS
J\/O. 2 J'.;J.B, 22/75-77
____,__ FD. LEAD & TAG L.S.
2344 FLUSH IN CONG.
407.62'
g
ME-SQUIT-,z;,-.. --Na9•30·00-t 114.56-;-A-V-ENUE---~--
.I.J., N89'30'00"E 775.87' · ,
DETAIL "A"
NTS
li:Ji;.:;'i!zt;,,,;ci'';I HUNSAKER & ASSOCL4TES SAN DIEGO, INC PLANNING - ENGINEERING - SURVEY!N(;
9707 WAPLES STRID' - SAN DIEGO, Ci1 92121
(858) 558-4500 - FAX (858) 558-1414
R:\ 1264\&:Mao\Tract Ma/J\FM CAMERON .<o"r 02 W.O. 239.4-0052 I
FD. 1 • J.P. OPEN DOWN 12" IN
MONUMENT WELL NO REF.,
SOUTH 2.93' FROM RECORD
,; .' B.C. PER M.B. 22/76-77.
P_.L\LOS VFRDFS
TR_.L\CT 1VJ.B. 17 /40
100
SHEET OF SIIEET
RJVFRSID£ COU1\JTY FLOOD
COJ\JTROL &: \!VATFR
COJ\JSFRVAT/OJ\J DISTRICT R/\IV
TAJ-JO UJT7 RJVFR FSTA TES
J\/O. 2 1VJ.B. 22/75-77
_S.c..cci!N LOfi=E'--N_Z9 R0,4._D _
k?<.,
f?J /;?- FD. 1" I.P. IN MONUMENT WELL ON 6", NO TAG,
;? [fr NO REF. ACCEPTED AS CENTERLINE INTERSECTION
!!:: /;:, PER M.B. 22/76-77 SET L.5. 8553 TAG . .....
~~ ,;:::.
TAJ-JO UITZ RIVER FSTATFS
J\/O, 2 J\;J,8, 22/75-77
FD. J/4" I.P. TAG NOT LEGIBLE
DOWN 0.6" IN MONUMENT WELL,
NO REF., ACCEPTE:D AS
CENTE:RLINE INTERSEC110N PER
M.B. 22/76-77.
0 200 ---
SCALE 1"= 100'
300
Item 1W - Page 16
...----------------------------------~---it---1'-th fl
LOT 4 LOT 1
411. 18' -t--
¼ LOT 40.82'
N86.22'2J"W 55 53• _ __..,-__,.,.. 240.57' . 407.62' -t-- MESQUITE AVENUE -t--
NUMBER
Cl
C2
CJ
C4
C5
C6
C7
NUMBER
L1
L2
L3
L4
L5
L6
L7
LB
L9
L10
N89'JO'OO"E 663.96'
DETAIL "C"
NTS
DELTA RADIUS LENGTH
02'24'06° 1005.37 42.14
91"15'26° 6.50 10.35
90'54'57" 6.50 10.31
77'31'09° 6.50 8.79
06'57'38° 34.50 4.19
90•00·00· 9.50 14.92
12'11'47" 233.50 49.70
BEARING DISTANCE
NJ0"45'1B"E 15.00'
N59'14'42"W 11.18'
N76"12'37"E 8.96'
N30'45'1B"E 12.00'
NJ 1 'J9'56"E 5.39'
N12"41'47"W 20.24'
N77'18'1YE 3.32'
N00"30'00"W 20.91'
NOO'JO'OO"W 4.00'
N12'41'47"W 11.34'
FD. CALIF. DIV. HWY BRASS DISK,
DOWN 12" IN MONUMENT PER
CALTRANS R/W MAP NO. 62803-2.
~o- I
I
I
~I
t_r,· 11]?
~~Oj zy' ."-$ // ~. Q;'
¾·?~ ~ // fv f:J.
Cl: t:J t.: {!I~ • It ~'I;"' &'"' a ct)
~6~g• • I ff I ~$I -----2, i1'(R) I // / ~l----f--- 1 I \'
I / t?36loo·.
I ro R'''2- o· 2-9
,~,o FD. 1" I.P. OPEN DOWN 1 .,~
I
~, 'V ~ ~ <:jQ;- ~
f:? if (!J sf 1:-,.. 'O
Q) ~ s:i·
t~~
~ i 9- .f$
~~f k'• Q:'
~::y~
u~~ r::::i·~~ i;:.,&~ u
NJ1"40'15"E 41.00'
N08'50'04"E 9.96'
N72'31 '50"W(!Q_,..
4 1.007 ACRES
4o·
w 22.29'
N12•4f41' g•~(R)~_,...
S.41,,'0 1/" C 5
~:.:.------- L7
·4 r4TW zs.oo·
N12 ,47"W(R~5
N12°~~
:..;.----
t.=12'11'47"
R=228.50'
L=48.64'
Noo•3o•oo·w 20.37'
240.02'
SllEET OF l SllEE·rs
1 vt, rqC'/('f- 0,U _, STA !Lr OF CAL/FOHN/A
TRACT MAP NO. 33575 EASEMENT LEGEND:
BEl: G A SUBDIVISION OF A PORTION OF BLOCK "C" OF TAHQUITZ RIV[R ESTATES NO. 2 AS FILED IN MAP BOOK 22, PAt;tS ?6 A/VD 7 7. RiVEF?SlOf" COUNTY .RECORDS
APRIL 2015
SEE SHEET 4
2 0 241 ACRES
1.152 ACRES
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I 11
I '1
1 8.802 ACRES
t.=73°44'56" /
L=25.10'
R=19.50' !>I _ _N~9-:!/~~~5.90~---------------- //
313.59'
I
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::::; I
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INDICATES PUBLIC UTILITY EASMENT DEDICATED HEREON.
iND!CATES AN EXISTING ELECTRICAL EASEMENT GRANTED TO
CAi!FORNIA ELECTRIC POWER COMPANY OCTOBER IJ. 1960 AS
800i<. 2 782. PAGE IO I OF OFFICIAL RECORDS.
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SEE SHEET 4
I
FD. 1" J.P. AND DISC STAMPED "LS
7083" PER COR. REC. 14-0170,
DOWN 0. 6" IN MONUMENT WELL ON
CENTERLINE 2.00' SOUTHWEST OF
TRUE POSITION FD. SCRIBE MARK ON
EASTERLY & WESTERLY CURB 90 DEG.
AND 2.00' NORTHERLY OF FD.
MONUMENT.
(EXAGERRATED FOR CLARITY)
FD. 1" I.P. IN MONUMENT WELL ON 6", NO TAG,
NO REF. ACCEPTED AS CENTERLINE INTERSECTION
PER M.B. 22/76-77 SET L.S. 8553 TAG.
t.= 102"16'03" DETAIL "D"
R=6.50'
L=11.60'
------ SEE DETAIL •c-
-----:::=--Noo•3o•oo·w~6' THIS SHEET
SEE DETAIL •o•~
THIS SHEET
LOT D
I 'O'
I
NTS
- 411.18' -
- 404.59' -
-------------------------------- 407.62'
N89'30'00"E 663.96'
0.003 ACRES~/
__ 1 _________ - ~
3.03'
_Ji ~N89'30'00"E
-v- 407.62'
MESQUITE A VENUE
FD. 3/4" I.P. AND TAG ILLEGIBLE
10" IN MONUMENT WELL,~-24' 0.019 ,1,CRES _______ _ DOWN 0. 6" IN MONUMENT WELL, NO REF., ACCEPTED AS
ACCEPTED AS W 1 / 4 - ---
CORNER M.B. 22/76- 77 . ,
AND 17/40, SET L.S. I '
8553 TAG. f ! I
HUNSAKER & ASSOCIATES SAN DIEGO, INC
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9707 WAPLES STREIT - SAN Dl£GO, CA 92121
(858) 558-4500 - FAX (858) 558-1414
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Item 1W - Page 17
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HUNSAKER &ASSOC/A TES SAN DIEGO, INC.
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9'lf}f WAPLES STREET - SAN 0/EGO, CA 92121
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10.65'
IN THE CITY OF PALM SPRINGS
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
TRACT MAP NO. 33575
BEING A SUBDIVISION OF A PORTION OF BLOCK "C" OF TAHQUITZ RIVER ESTATES NO. 2 AS FILED IN MAP BOOK 22, PAGES 76 AND 77, RIVERSIDE COUNTY RECORDS
THIS IS A CONDOMINIUM PROJECT AS DEFINED IN SECTION 4125 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA AND IS FILED PERSUANT TO THE SUBDIVISION MAP ACT. THE MAXIMUM NUMBER OF RESIDENTIAL CONDOMINIUM UNITS IS 106.
HUNSAKER AND ASSOCIATES APRIL 2015
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SEE SHEET 3.
SHEET 4 ,OF 4 SHEETS
EASEMENT LEGEND:
& INDICATES PUBLIC UTILITY EASMENT DEDICATED HEREON.
ill INDICATES AN EXISTING ACCESS EASEMENT GRANTED TO RIVERSIDE
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
JANUMRY 12, 1949 AS 1260 OF OFACIAL RECORDS.
FD. 1" /.P. WITH DISC STAMPED "LS 7083"
PER COR. REC. 14-0170 DOWN 0.6" IN
MONUMENT WELL ON CENTERLINE 2.00'
SOUTHWEST OF TRUE POSITION.
(EXAGERRATED FOR CLARITY)
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SCALE 1"= 50'
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Attachment D
Item 1W - Page 18
Item 1W - Page 19
'
RECORDING REQUESTED BY:
CITY OF PALM SPRINGS
AND WHEN RECORDED MAIL TO:
.,------------------
2016-0164393
04/26/2016 12:38 PM Fee:$ 0.00
Recorded in Official Records
County of Riverside
Peter Aldana
Assessor-County Clerk-Recorder
1 ~ra,~~~ f Jj1~ 1~~~~~1 City of Palm Springs
P. 0. Box 2743
q R A Exam: :J 70 5?'
Palm Springs, CA 92263
Attn: Office of the City Clerk
Page DA PCOR Misc Long RFD 1st Pg Adtl Pg Cert cc
41 ,
I
SIZE NCOR SMF VNCHG l: 1
Filing fee EXEMPT per Government Code 6103
SUBDIVISION IMPROVEMENT AGREEMENT
RREF II-DC Cameron, LLC
and
The City of Palm Springs, California
THIS AREA FOR
RECORDER'S
USE ONLY
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies)
Item 1W - Page 20
DOC #2016-0164393 Page 2 of 41
TABLE OF CONTENTS
1. Construction Obligations ...................................................................................... 1
1.1 Works of Improvement ............................................................................... 1
1.2 Other Obligations Referenced in Conditions of
Tentative Map Approval ............................................................................. 2
1.3 Intent of Plans ............................................................................................ 2
1.4 Survey Monuments .................................................................................... 2
1.5 Performance of Work ................................................................................. 2
1.6 Changes in the Work .................................................................................. 2
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 ........................................................................................... 4
2.1 Commencement and Completion Dates ..................................................... 4
2.2 Phasing Requirements ............................................................................... 5
2.3 Force Majeure ............................................................................................ 5
2.4 Continuous Work ........................................................................................ 5
2.5 Reversion to Acreage ................................................................................. 5
2.6 Time of the Essence ................................................................................... 6
3. Labor. .................................................................................................................... 6
3.1 Labor Standards ......................................................................................... 6
3.2 Nondiscrimination ....................................................................................... 6
3.3 Licensed Contractors ................................................................................. 6
3.4 Workers' Compensation ............................................................................. 6
4. Security ................................................................................................................. 6
4.1 Required Security ....................................................................................... 6
4.2 Form of Security Instruments ..................................................................... 7
4.3 Subdivider's Liability ................................................................................... 8
4.4 Letters of Credit. ......................................................................................... 8
4.5 Release of Security Instruments ................................................................ 9 1 Item 1W - Page 21
DOC #2016-0164393 Page 3 of 41
5. Cost of Construction and Provision of Inspection
Service .................................................................................................................. 9
5.1 Subdivider Responsible for All Related Costs of
Construction ............................................................................................... 9
5.2 Payment to City for Cost of Related Inspection
and Engineering Services ........................................................................ 10
6. Acceptance of Offers of Dedication ..................................................................... 10
7. Warranty of Work ................................................................................................ 10
8. Default ................................................................................................................ 10
8.1 Remedies Not Exclusive .......................................................................... 10
8.2 City Right to Perform Work ....................................................................... 10
8.3 Attorney's Fees and Costs ....................................................................... 11
9. Indemnity ............................................................................................................ 11 10 General Provisions .............................................................................................. 11
10.1 Successors and Assigns .......................................................................... 11
10.2 No Third Party Beneficiaries ..................................................................... 11
10.3 Entire Agreement; Waivers and Amendments ......................................... 11
11. Corporate Authority ............................................................................................. 12 2 Item 1W - Page 22
' ' DOC #2016-0164393 Page 4 of 41
SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is entered into this \~~ day of ~~t, \ "o1)\Jo • 2015, by and between the CITY OF PALM SPRINGS, a Califoria tharter city ("CITY"), and RREF II-DC CAMERON, LLC, a California Limited Liability Company (Subdivider").
RECITALS
A. Subdivider is the owner of, and has obtained approval of a subdivision map for Tract Map No. 33575 located in the City of Palm Springs, County of Riverside, State of California (the "Property"), as described on Exhibit "A". The map contains conditions of approval for the development of the Property (the "Conditions") as described on Exhibit "B".
8. Pursuant to the Conditions, Subdivider, by the Map, has offered dedication to the City of Palm Springs Lots "B", "C", and "D" for street and public utility purposes, easements for public utility purposes (PUE) and sidewalk purposes together with the right of ingress and egress for service and emergency vehicles and personnel, over portions of Lots "A", "1" and "4" as shown on Map.
C. Subdivider has delivered to City and City has approved plans and specifications and related documents for certain "Works of Improvement" (as hereinafter defined) which are required to be constructed and installed in order to accommodate the development of the Property.
D. Subdivider's agreement to construct and install the Works of Improvement pursuant to this Agreement and its offer of dedication of the 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 1 Item 1W - Page 23
• ' DOC #2016-0164393 Page 5 of 41
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 $ 6, 008, 986.00.
1.2 Other Obligations Referenced in Conditions of Tentative Map Approval. In addition to the foregoing, Subdivider shall satisfy all of the conditions of approval on the Tentative Map for the Property. The conditions of approval associated with the Tentative Map are included as Exhibit "B" attached hereto.
1.3 Intent of Plans. The intent of the Plans referenced in Section 1.1 is to prescribe a complete work of improvement which Subdivider shall perform or cause to be performed in a manner acceptable to the City Engineer (or his/her designee) and in full compliance with all codes and the terms of this Agreement. Subdivider shall complete a functional or operable improvement or facility, even though the Plans may not specifically call out all items of work required for the contractor to complete its tasks, incidental appurtenances, materials, and the like. If any omissions are made or information necessary to carry out the full intent and meaning of the Plans, Subdivider or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the Plans, reference shall be made to the City Engineer whose decision thereon shall be final.
Subdivider recognizes that the Plans consist of general drawings. All authorized alterations affecting the requirements and information given on the Plans shall be in writing and approved by the City Engineer. The Plans shall be supplemented by such working or shop drawings as are necessary to adequately control the work. Without the City Engineer's prior written approval, no change shall be made by Subdivider or Subdivider's contractor to any plan, specification, or working or shop drawing after it has been stamped as approved.
1.4 Survey Monuments. Before final approval of street improvements, Subdivider will place survey monument(s) as shown on the Map in accordance with the provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City of Palm Springs. Subdivider shall provide security for such obligation as provided in Section 4.1 (a)(iii) and, after setting the monument(s), Subdivider shall furnish the City Engineer of the City of Palm Springs written notice of the setting of said monument(s) and written proof of having paid the engineer or surveyor for the setting of said monument(s).
1.5 Performance of Work. Subdivider shall furnish or cause to be furnished all materials, labor, tools, equipment, utilities, transportation, and incidentals required to perform Subdivider's obligations under this Agreement.
1.6 Changes in the Work. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions 2 Item 1W - Page 24
DOC #2016-0164393 Page 6 of 41
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 by City. The Plans for the Works of Improvement have been prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no representation or warranty, express or implied, to Subdivider or to any other person regarding the adequacy of the Plans or related documents.
1.9 Authority of the City Engineer. In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to decide all questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Subdivider and Subdivider's contractor.
1.1 O Documents Available at the Site. Subdivider shall cause its contractor to keep a copy of all approved Plans at the job site and shall give access thereto to the City's inspectors and engineers at all times.
1.11 Inspection. Subdivider shall have an authorized representative on the job site at all times during which work is being done who has full authority to act for Subdivider, or its design engineer, and Subdivider's contractor(s) regarding the Works of Improvement. Subdivider shall cause its contractor to furnish the City with every reasonable facility for ascertaining whether or not the Works of Improvement as performed are in accordance with the requirements and intent of this Agreement, including the Plans. If the City inspector requests it, the contractor at any time before acceptance of the Works of Improvement shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected. After examination, the contractor shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City shall not be considered as direct control of the individual workmen on the job site. City's inspector shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement.
The inspection of the work by City shall not relieve Subdivider or the contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials or 3 Item 1W - Page 25
DOC #2016-0164393 Page 7 of 41
work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted.
1.12 Compliance With Law. In addition to the express provIsIons of this Agreement and the Plans, Subdivider shall cause construction of the Works of Improvement to be completed in accordance with all other applicable federal, state, and local laws, ordinances, rules and regulations.
1.13 Suspension of Work. City Engineer shall have authority to order suspension of the work for failure of the contractor to comply with law pursuant to Section 1.11. In case of suspension of work for any cause whatever, Subdivider and its contractor shall be 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. If items are found by the inspector to be incomplete or not in compliance with this Agreement or any of the requirements contained or referenced herein, City will inform the contractor of such items. After the contractor has completed these items, the procedure shall then be the same as specified above for the contractor's initial request for final inspection. If items are found by City's inspector to be incomplete or not in compliance after two (2) "final" inspections, City may require the contractor, as a condition to performing further field inspections, to submit in writing a detailed statement of the work performed subsequent to the date of the previous inspection which was found to be incomplete or not in compliance at that time.
No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by City is made. Final acceptance shall not constitute a waiver by City of defective work subsequently discovered.
The date on which the Works of Improvement will be considered as complete shall be the date of the Notice of Acceptance.
2. Time for Performance.
2.1 Commencement and Completion Dates. Subject to Section 2.2 and 2.3 below, Subdivider shall (i) commence with construction and installation of the Works of Improvement thirty (30) days following City's approval of the Plans ("Commencement Date"); and (ii) complete or cause to be completed all of the Works of Improvement two (2} years after the Commencement Date. Extensions of time for completion of the Works of Improvement may be granted upon approval by the City Engineer or his designee. Extension of time may be granted upon mutual agreement of the City 4 Item 1W - Page 26
DOC #2016-0164393 Page 8 of 41
Engineer and Subdivider, either verbally or in writing, as required by the City Engineer or his designee.
2.2 Phasing Requirements. Notwithstanding the provisions of Section 2.1, City reserves the right to control and regulate the phasing of completion of specific Works of Improvement as required to comply with applicable City ordinances, regulations, and rules relating to the timely provision of public services and facilities. In addition to whatever other remedies City may have for Subdivider's failure to satisfy such phasing requirements, as the same now exist or may be amended from time to time, Subdivider acknowledges City's right to withhold the issuance of further building permits on the Property until such phasing requirements are satisfied. 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.
Final inspections or issuance of Certificates of Occupancy may be withheld from the Subdivider by the City, if, upon a determination by the City Engineer or his designee, completion of specific Works of Improvements or other requirements associated with the development of the Property have not been completed to his satisfaction.
2.3 Force Majeure. Notwithstanding the provisions of Section 2.1, Subdivider's time for commencement and completion of the Works of Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikers, lockouts, acts or failures to act of a public agency (including City), required changes to the scope of work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than five (5) days prior to City's receipt of a written notice from Subdivider or its Contractor detailing the grounds for Subdivider's claim to a right to extend its time for performance hereunder. City Engineer shall evaluate all claims to Force Majeure and his decision shall be final.
2.4 Continuous Work. After commencement of construction of the Works of Improvement (or separate portion thereof), Subdivider shall cause such work to be diligently pursued to completion, and shall not abandon the work for a consecutive period or more than thirty (30) days, events of Force Majeure excepted.
2.5 Reversion to Acreage. In addition to whatever other rights City may have due to Subdivider's failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Sections 66499.11-66499.20-3/4. In this regard, Subdivider agrees that if the Works of Improvement have not been completed on or before the later of two (2) years from the date of this Agreement or within the time allowed herein, whichever is the later, and if City thereafter initiates proceedings to revert the Property to acreage, pursuant to Government Code Section 66499.16 Subdivider hereby consents to reversion and 5 Item 1W - Page 27
DOC #2016-0164393 Page 9 of 41
agrees that any improvements made by or on behalf of Subdivider shall not be considered in determining City's authority to revert the Property to acreage.
2.6 Time of the Essence. Time is of the essence of Subdivider's performance of all of its obligations under this Agreement,
3. Labor.
3.1 Labor Standards. Subdivider shall be responsible for causing all contractors and subcontractors performing any of the Works of Improvement to comply with all applicable federal and state labor standards, including to the extent applicable the prevailing wage requirements promulgated by the Director of Industrial Relations of the State of California Department of Labor.
3.2 Nondiscrimination. Subdivider agrees that no contractor or subcontractor performing any of the Works of Improvement shall discriminate against any employee or prospective employee with respect to such work in hiring, promotion, seniority, or any other terms and conditions of employment on the grounds of race, creed, color, national origin, ancestry, religion, sex, or marital status.
3.3 Licensed Contractors. Subdivider shall cause all of the Works of Improvement to be constructed by contractors and subcontractors with valid California Contractors' licenses for the type of work being performed.
3.4 Worker's Compensation. Subdivider shall cause every contractor and subcontractor performing any of the Works of Improvement to carry Workers' Compensation Insurance as required by the Labor Code of the State of California and shall cause each such contractor and subcontractor to submit to City a Certificate of Insurance verifying such coverage prior to such contractor or subcontractor entering onto the job site.
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 $6,000,000.00 equal to 100%1 of the estimated construction cost referenced in Section
1.1. 6
Item 1W - Page 28
DOC #2016-0164393 Page 10 of 41
(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 $3,000i000.00 equal to 50% of the estimated construction cost referenced in Section 1.1.
(iii) A Security Instrument guaranteeing the payment of the cost of setting monuments as required in Section 1.4 in the amount of $9,500.00 equal to 100% of the cost thereof.
This Agreement shall not be effective for any purpose until such Security Instruments are supplied to and approved by City in accordance herewith. (b) Required Security Instrument for Maintenance and Warranty. Prior to the City Council's acceptance of the Works of Improvement and recordation of a Notice of Completion, Subdivider shall deliver a Security Instrument warranting the work accepted for a period of one (1) year following said acceptance ("Maintenance and Warranty Security Instrument"), in the amount of $900,000.00 equal to 15% of the estimated construction cost set forth in Section 1.1 or a suitable amount determined by the City Engineer.
4.2 Form of Security Instruments. All Security Instruments shall be in the amounts required under Section 4.1 (a) or 4.1 (b), as applicable, shall meet the following minimum requirements and otherwise shall be in a form provided by City or otherwise approved by the City Attorney:
@l Bonds. For Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California. Any insurance company acting as surety shall have a minimum rating of A-IX, as rated by the current edition of Best's Key Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858. Any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard & Poor's .
.(Ql 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.
7 Item 1W - Page 29
DOC #2016-0164393 Page 11 of 41
fg}_ Instrument of Credit. For Security Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to City all of Subdivider's interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. @ General Requirements for all Security Instruments.
(i) Payments under any Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the City of Palm Springs, State of California (and the Security Instrument shall so provide). (ii) Each Security Instrument shall have a minimum term of one (1) year after the deadline for Subdivider's completing the Works of Improvement, in accordance with Section 2.1 (other than Instruments of Credit, which shall have no defined term or expiration date).
(iii) Each Security Instrument shall provide that changes may be made in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and without affecting the obligations under such Security Instrument.
4.3 Subdivider's Liability. While no action of Subdivider shall be required in order for City to realize on its security under any Security Instrument, Subdivider agrees to cooperate with City to facilitate City's realization under any Security Instrument, and to take no action to prevent City from such realization of any Security Instrument.
Notwithstanding the giving of any Security Instrument or the subsequent expiration of any Security Instrument or any failure by any surety or financial institution to perform its obligations with respect thereto, Subdivider shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10) days after written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 4.
4.4 Letters of Credit.
(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 8 Item 1W - Page 30
DOC #2016-0164393 Page 12 of 41
by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Subdivider. If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as provided in the foregoing. Subdivider agrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City's security interest in such account.
4.5 Release of Security Instruments.
(a) City shall release the Faithful Performance Security Instrument and Labor and Materials Security Instrument when all of the following have occurred:
(i) Subdivider has made written request for release and provided evidence of satisfaction of all other requirements in this Section 4.5; (ii) the Works of Improvement have been accepted;
(iii) Subdivider has delivered the Maintenance and Warranty Security Instrument; and
(iv) subject to the following sentences after passage of the time within which lien claims are required to be made pursuant to Article 3 (commencing with Section 3114) of Chapter 2 of Title 15 of Part IV of Division 3 of the California Civil Code. If lien claims have been timely filed, City shall hold the Labor and Materials Security Instrument until such claims have been resolved, Subdivider has provided a statutory bond, or otherwise as required by applicable law.
(b) City shall release the Maintenance and Warranty Security Instrument upon Subdivider's written request upon the expiration of the warranty period, provided no claims are outstanding at that time regarding defective work.
5. Cost of Construction and Provision of Inspection Service.
5.1 Subdivider Responsible for All Costs of Construction. Subdivider shall be responsible for payment of all costs incurred for construction and installation of the Works of Improvement. In the event Subdivider is entitled to reimbursement from City · for any of the Works of Improvement, such reimbursement shall be subject to a separate Reimbursement Agreement to be entered into between Subdivider and City prior to construction of the works.
5.2 Payment to City for Cost of Related Inspection and Engineering Services.
Subdivider shall compensate City for all of City's costs reasonably incurred in having its authorized representative make the usual and customary inspections of the Works of 9 Item 1W - Page 31
DOC #2016-0164393 Page 13 of 41
Improvement. In addition, Subdivider shall compensate City for all design, plan check, evaluating any proposed or agreed-upon changes in the work. The procedures for deposit and payment of such fees shall be as established by the City Council. In no event shall Subdivider be entitled to additional inspections or a final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections.
6. Acceptance of Offers of Dedication. The City Council shall pass as appropriate resolution or resolutions accepting all offers of dedication shown on the Map for the Property, with acceptance to become effective upon completion and acceptance by City of the Works of Improvement. Such resolution(s) shall authorize the City Clerk to execute the Certificate made a part of the Map regarding said acceptance of the offer of dedication.
7. Warranty of Work. Subdivider shall guarantee all Works of Improvement against defective materials and workmanship for a period of one (1) year from the date of final acceptance. If any of the Works of Improvement should fail or prove defective within said one (1) year period due to any reason other than improper maintenance, or if any settlement of fill or backfill occurs, or should any portion of the Works of Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen (15) days after written notice of such defects, or within such shorter time as may reasonably be determined by the City in the event of emergency, shall commence to repair or replace the same together with any other work which may be damaged or displaced in so doing. Should Subdivider fail to remedy defective material and/or workmanship or make replacements or repairs within the period of time set forth above, City may make such repairs and replacements and the actual cost of the required labor and materials shall be chargeable to and payable by Subdivider. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law.
8. Default.
8.1 Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, such remedy shall be in addition to, and not exclusive of, City's right to pursue any other administrative, legal, or equitable remedy to which it may by entitled.
8.2 City Right to Perform Work. In addition to whatever other rights or remedies it may have for Subdivider's default hereunder, in the event Subdivider shall fail to timely perform any work required to be performed under this Agreement and such failure shall continue for a period of twenty (20) days after receipt of written notice of default from City, or thereafter Subdivider shall fail to diligently and continuously pursue the cure of any such default to completion, City shall have the right to enter into the Property and perform any of the uncompleted work by force account or contract or both 10 Item 1W - Page 32
DOC #2016-0164393 Page 14 of 41
and thereupon recover from Subdivider or any Security Instrument, or both, the full cost and expense thereby incurred by City.
8.3 Attorney's Fees and Costs. In the event that Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney's fees. In the event of any dispute arising out of Subdivider's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney's fees and costs. Such attorney's fees and cost shall include fees and costs on any appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment.
9. Indemnity. Subdivider agrees to indemnify, defend, and hold harmless City and City's officers, employees, and agents from and against any and all claims, liabilities, losses, damages, causes of action, and obligations arising out of Subdivider's failure to perform the construction and installation of the Works of Improvement in accordance with the requirements contained or referenced in this Agreement. Said indemnity obligation shall apply to personal injury, death, property damage, economic loss, and any other monetary damage or penalty to which City may be subjected, including without limitation, attorney's fees and costs and the costs of realizing on any Security Instrument provided by Subdivider pursuant to the terms hereof. Such indemnity obligation shall not extend to any loss resulting from City's sole negligence or willful misconduct.
10. General Provisions.
10.1 Successors and Assigns. This Agreement shall be binding upon all successors and assigns to Subdivider's right, title, and interest in and to the Property and any portion thereof.
10.2 No Third Party Beneficiaries. This Agreement is intended to benefit only the parties hereto and their respective successors and assigns. Neither City nor Subdivider intend to create any third party beneficiary rights in this Agreement in any contractor, subcontractor, member of the general public, or other person or entity.
10.3 Entire Agreement; Waivers and Amendments. This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to all or part of the subject matter hereof, except as may be expressly provided herein. All waivers of 1 1
Item 1W - Page 33
DOC #2016-0164393 Page 15 of 41
the provIsIons of this Agreement must be in writing and signed by an authorized representative of the party to be charged, and all amendments hereto must be in writing and signed by the appropriate representatives of both parties.
11. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant the (I) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into of this Agreement does not violate any provisions of any other Agreement to which said party is bound.
* * * * *
(Signatures on Next Page)
12 Item 1W - Page 34
DOC #2016-0164393 Page 16 of 41
ACKNOWLEDGMENT OF INSTRUMENT
(Cal. Civil Code Section 1181)
State of California
County of Riverside
City of Palm Springs
)
)
)
ss.
On April 19, 2016, before me, JAMES THOMPSON, CITY CLERK, CITY OF PALM SPRINGS, CALIFORNIA, personally appeared DAVID H. READY, who I personally know is the CITY MANAGER of the CITY OF PALM SPRINGS whose name is subscribed to the within instrument and acknowledged _ to me that he executed the same in his official and authorized capacity on behalf of the City of Palm Springs, a California Charter City.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
Witness my hand and the official seal of the City of Palm Springs, California, this 19th day of April, 2016.
Signature:
MES THOMPSON, CITY CLERK
City of Palm Springs, California ·
Title or Type of Document
Subdivision Improvement Agreement - A6730
Item 1W - Page 35
DOC #2016-0164393 Page 17 of 41
IN WITNESS WHEREOF, the parties hereto have executed this Subdivision Improvement Agreement as of the date first above written.
STANDARD FORM CITY RNEY APPROVED AGREEMENT
RE MMENDED BY:
Marcus Fuller, City Engineer/Assistant Cit Manager APPROVEDBYCfTYCOUNCIL \\J., ~1{6\, l '\-\{?.\VJ
SUBDIVIDER: /- ?)
RREF II-DC Cameron, LLC, a Californ;a Llrability Company {>-.\,"( O By: RREF II-DC Cameron JV ember, LC
a Delaware Limited L. ility Co any
Its: Mana
By:
Name:
Its: Vice President
ATTORNEY
DATE ~ f. bZ.,Jw,
Check one: _Individual _Partnership _Corporation*_Company *Note, for Corporations, two corporate officers must sign this Agreement, as indicated below; for all others, authorized agents must sign this Agreement.
By: ____________ _
Signature (notarized)
Name: ___________ _
Title: ___________ _
(For Corporations, this document must be signed
in the above space by one of the following:
Chairman of the Board, President or any Vice
President)
By: ____________ _
Signature (notarized)
Name:, ___________ _
Title:, ____________ _
For Corporations, this document must be signed in
the above space by one of the following: Secretary,
Chief Financial Officer or any Assistant Treasurer)
13 Item 1W - Page 36
Mailing Address:
RREF II-DC Cameron, LLC
C/O Davidson Communities
1302 Camino Del Mar
Del Mar. California 92014
Attn: Tim O'Grady
760-518-0163
DOC #2016-0164393 Page 18 of 41
14 Item 1W - Page 37
DOC #2016-0164393 Page 19 of 41
STATE OF FLORIDA }
COUNTY OF MIAMI-DADE}
On ~ vl ~ / D • 2-o I S , before me, a Notary Public in and for said County and State, duly commissioned and sworn, personally app~ared AnW,a\1f Sei.,;,.~ , known to me to be -VP ofRREF II-DC Cameron, LLC, the corporation described in and thatexecrlted the within and foregoing instrument, and known to me to be the person who executed the said instrument on behalf of said corporation, and he duly acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above.
My Commission Expires August 21, 2015
r lyn Blanco, Notary Public
~.i.'i.~u;;,, KAREL YN BLANCO
'1~() MY COMMISSION #EE123862
\~} ~ EXPIRES: AUG 21, 2015
~~.:.;'," Bonde/J through 1st State Insurance
Item 1W - Page 38
DOC #2016-0164393 Page 20 of 41
EXHIBIT "A"
TRACT MAP 33575 LEGAL DESCRIPTION
Tract Map No. 33575, as recorded in Map Book 41\b Pages 1 1 through 20 inclusive, records of Riverside
County, California.
16 Item 1W - Page 39
DOC #2016-0164393 Page 21 of 41
:,<;-;,f•--·' !#·.
,
""i
,:."
.
EXHIBIT "B"
TENTATIVE TRACT MAP 33575 CONDITIONS OF APPROVAL
. ...r·
,,,._.
17 -<!,.,
' \. ' ·\1 .
r . -... ~::::::_>·-;·,?_
Item 1W - Page 40
:,,.·,.
,, .
·-•~~/ ~~ ~,5
-·
•.°ji~ ~ ,, ..,,· :·
·1" .• ' -: ;._. »t-,.,:
~a·c.
·: '
'·· .. _.,•
DOC #2016-0164393 Page 22 of 41
EXHIBIT A
Case No~ 5·.1056-PD-314-TTM 33575
M~y 14, 2014 ·
REVISEO ·coNDITIONS .OF APPROVAL
·Before:finaJ acceptance ,qf _the project, all_cohditio_ns listed below.shall be complet~-d to the satisfaction of the C1ty Engineer, the Director -~f Planning Services, Jhe Chief of RoJice, the Fire .Chief or their de~igr:iee, depending on wlifch department recommenc;ted the ~ondition: . . -- - .
Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. ' ' · •- ·
PRO~ECT SPECIFIC CONDITIONS
At1m1111strat1ve: ,·'.' , _·, •'
·The:J~oposed deveiripm~rit of the pre~ises ·siiau confbrm .to alL~pplicabl~ f~gul~tions ~f .. '-the Palm Springs Zonintf Ordlnanc;:e;, Murii~ipEII Code, or any other City Codes, or~inane~s and resolutlpns wh,ic~ suppleinenf the zonlng·distri,ct regulatiOJis. _.. . l]l'~ owner s~all d~f~nd, -l~~emnlfy, and h~ld ~~otiless 0 ,th~: c;~; of Palm, $prln~~. ·•its agen~s.
•offi9~rs, an_d employe,e_s from -~-ny claim; ;_action; o_r',ptqc$¢ding · agalrisfJhe; City of Palm·. -·-~piiqgs or !!s agents. 9ffi~rs or employee~· to'~tiacli';);ela~lµe, ·yqid or'.anntjl,:arf~pproyal _ :ofJlie City pf J~~lm :$prihgs; -Jts legislative ~ody;: ~d\,isory ~gen~les, :or ··a~mirii~~Jive , :offi.cers: cCJnc;effii,ljg _ C@se i5.1Q_5µ, Planned . Qev.~Jopilient . Dlstrigt' 314:·-(P.D _3 t4} E!nd . ·, . TEintatlye· Triicr~ap 33575 {TTM :33575) Jl.l~'City]~f:P~im $.piirjgs,wm promj:,JlyJ)J:>Jify:tbe'. ·1;1pplicant of'~ny·~uch· claim; aq~9n; ·or-"pnjqe~ding ag~inst th~t:C1ty:Qf Palm Springs a'nd th~ ~p'piicant .will .([!iU,er .1.1ndertak~ '."Hef.ense ',pf the. mallet eind' p_ay the>J;it}i's asi;o,ci~tl;KI :1eg~I 'costs or will advance. funds .to P~Y for defetisi of. the. matter _by: the''Clty.Attc:frney. If tlJe "City of Palm Spijngs ·falls~tcf prbmppy notify ·the .applicant· ·ot. any sucti-·cfa_im, .action·0 or . - •. -· •. _. ·-',.. prpce_<:!dir1g.or '- ,, .... _ ,_, •• ,,-., ···~ •• ··.- .f.' .•.• ~ ,.• ·,: falls to ctJop~rate fully.in __ the,:aefense./.ttie ~ppl{cants,han ·not; tljereaft~r. ·ije re,sponsip_le to . defend,. i[idemnlfy_, or, ~old · 11a~jess_ the _ .C!ty ·of _Pal"'!;,·. -~Sprjngs . .. ~Qlwifn~!~ndhig· ttieJoregol_ng, -P,e "City -retains ttie fi9fifto se~e :pr: abaride>_tj :the.·rnatter . ·. ~tf,out)he appii~Jit's ~~riserit b~t shoul~ jt. do so, the Ci_ty sh~n walv~-_the,_irid~(nni6cation. herein,_· e~~ll_t, the City's decisicjn ,to settle or- abandorf a .matter 'fallowing ~n ·ac;tv~~e jucJgrnenro~f~ilure . ' . ' "{' ' .. •. . . . t<;> -~ppe,al;'_!hall
. : - . ' . .
n9.t '
c~9se_ a w~ive,t9fthe indernnJfi~tion righJs hetefri . ", . ' ' ': ,- . :,. : . ~ '.; ' . . .. ' . ' · . Tt!~t ·ti'!.~ prop~rty ~wn~r(s) and Juccesso~ an~. ~~sl~n~es .In i:nteiest_ s~ali_'riiaintain ~ri_d 1' _repair-tlje 1111·provemeo.ts including -and_ without limitation sldew~lks, bikeways'/pafkWay~. parking ai"_eas, _lancfs~p~,- lrfigatlo~. lighting, signs; ·w.1;111s, and,_ fe11ces befyieen Y,~ ·curb · arid:property linE!.- including sidewalk or bikeway-easement area~ that extencl :pnt9·:pnvat¢ . ·pr~p_erty; 'in ~- first clai;s cohcfltio11,· free fro.nr.~aste ·and.~ebris, at,d iri aqcordarjc:;,e .with_all appll~b!e law; [Ules/o_rdinan~.$ an~ regulations ef E!JI fe~eral, _state, :andJ9c~I br:id.J~ ,~ltd agJ!ncles hc:!,Viri'g junsdictio11 atJhe prope_rty·pwilers· S()Je exp~pse~ This c911g!tioh .. s~airbe -included in Jtie recorded ·covenant agreement for the prop~rty if 'fequired l;>y the Qity. · · Item 1W - Page 41
', . . .
.-·~ ·_.r
4. 5.
DOC #2016-0164393 Page 23 of 41
-
. - - . '· . . '
Mpy 14, 2014
··_.-,:~_-. . . . -.' _:·.;-~- . _· ,· - .·._ ~·- _-··-,. - .. . · .. J;~ll~Y~nt;to · Fish .~nEJ -'q~rne Cod~. S~tion .Z11.4-a · filing 'fee. of .· $64.Q0 js req'_Li,ire~. :· ,:~is .- -P[OJ~~r~~s'·;a-g_~,_rn_iii,mµs j~p~ct_o~ fi~h- a(Jc;f wildlife,·and a,Certificate of fee;_ExempJipr,1 ' ,s.n~RJ;i~"~rnpleJed pyth~:.C!ty anial_two·.c(lpl~~ fil,e~/w,i,th,the co·~nJy Ol_er~:. Tflis appli~liQn:· . 'S.~alt~!1Pt~e. final ~ntil sucli fee.is pai_d _antt·Qte Certificate of fet:Exemption·Js'.filed.--Fe.e · "~~all Jij Jh~Jorm. ofJi mo11ey order or cashier's ·check payable;to Riversicie Cqunty . . . :;rip;r J~.; :,~~ua~ce' :·of 'a ~u,il~,n~ p~rrn';~, Fringe Toed . ~~~~d:'· Mitfg~tion; .fees. ~n-alf · b~ · submitted/ ··_ · , , - · • . . · · · ; · · -·. : ~: · • . -. ' . ' . . ' . ' ' .,
6. . .. th!~'.i~roJe:gi' ~hall be:_ subjec:~-Jq. Chapters 2.24' a~cf~~;a1._:9f:t6e :M~~!c!~ai Co~~: t~~~:~IIJg.' . · '~O.blig:att.jT~~t t>rqject shall ~ither pf,ovlde ·publlc:·l:'!rt or paYmen~,9f .an:,in li~u ,feie~<ln. the':
. :~~e~of ·\fi,e/n::11~~ f't,~- l~-~'~(:)8,_.~baftB,~ ·~_ased up9n. :the tqf~! ;~u.il~intfp~rm{(,vaf~afiift,1'::ijs':: · calc1,1!at~p.,pursuant to ,tt,:erval_Qa~on:table_ rn. the Uniform• Bulldr.ng ·code, tf:JeJee being +1/~% . f~;,r. ·c9.Q1ttj~r,ci~I or Jn,d~~tH~:1/proJec::~s, 1/4% for liew,reslde~rlal ~,µbdjvisions,i,o(114Yo-••f~r .O~Y.{~l~divid~al .slngle-famiJY;ri3:Sldenti~i ·unJts '-~nstn.!cted o~ ~Jot' lq9at~dJl.n ~an e>9sting subd_lvi~ion _\Yith ;fir~t,-:$tQo,ooo of to(aLbLJilding. permit yaluatioh_ for indi.vi~uars_ingte-farriily . ';~ni'fs,i:ex_empt/ Should:.th~d~u~lic ait'b~ i9catec! on ·thef"prpjecl's,lte, s.~1d·1ocatiqrj~shi:il(be • - • ·-· ,- , • ·- '. - ' •,:._ •• - .- ·_ • ' • ·~ ~ • • • .... • • ' < • \ ••• -- ' • ··':"' . ,r~v]~\\'~jj ~'a.lJ<t · -apprgv~~--.f~Y- -•the_ Dire'c,e>r ~·pJ • P:!~~nlng ·,',~~tvlc~~ · and · t~,~. :f,?4-bJic /Acts · _ · C9m.rrt!~~jqni._ and.-.th~.;_pr,Qp~r:tY, .o~n~r:sti~_ll/eht~r<ioto:. ~-__ r~~fQ~f[ ~Qfe_e~~pt;.tQ/hiJ~iD~in :> _ ·: · · · :-jp~ __ a~:\y~r~:~~<;I: pr,9t~ctU1~: pq~l~c' rig_~_ts,;~f:.~~~~~J~~d vi~wi_~~?.-t'-'-'· ·) : ; . . ~" ,::/-:,}\/·'../ _//~ /; " . _ -_'_.' · -·: : · . · .. •,"·-~·./. ·:_: .~;-'._-:<·.-~. - ·;_~-·- :·,::/:Z~-~~.:-·.:s'.-, ·: ;~·t __ ·"~·-.~-~~r>.>.'~L:- ~--~- :::· ·_-___ j~(."_.-';~~{:/ \· ·:_\ _ _;- _ .. :-~(~t/;;\:.~;~t-.. ~~/.•;;g~::_.'((. :. -7.. ·· RQ!!q~f:ltt9 P.eirl:< :F~.-P~!11a11~e N_o; ,1a~2 'an<Lih''-~¢c;gr~~nc~ :w1t11_{~ov,~mm~rit~qode.:: , . 'Section' 66~77 .(Quirflby~Act),.all ·residential ,developriient-.shall· be requited: to_ cdntrib_uter to. . ~•• ;.:..,,-:-•y• •> ,•,, '•,_, ~ -.- L '••-r\i•~,••,• .•'!\,.,;",•,,•••• '{ ,_, •'•••'•••,-• • ,,\,j :,1 ;, J •• ..,,,,, ..... , \f ~: : : .~,_trgat~ iPi:lrk an_ct:re~r~~\~9-n. lm..t>a_cts ,·~uctt·)b~t •. ::p~Qr-.itP_ lssuan:ce c;,f :r~sld,e~ti~l -b9lldi.lig -.-,:· -per.rilits, _:a : :parkland feet.or,/dedlcation shall<be .. ,made. :Accordingly, .alt oresidential . :deVelOpfh~nt "·sha1(?:be ·:subf eci( · .:to '. parklalict / ciedicatlbri ,, , · req~lrements· '.' artiiicir>:pt:itk •,, !, •~._ r,-t••,, ·/ ,:'~· • •-._ • fi:;;• _ ,; ,·• •,• • :st.·c_,.,..:._. t.,, •_I• •c' , ._!:,., ;'¾.. . -.• ,.·,,, ,• ', ' .
ini~.il?Y~ffl~nt- ~e~~- T~~ J>,~rklan~ rij~tiQ~Jip~ :.a,npgQt.-:,sp~.!I .:~I:! p~se~: µp6n tlj1;f-,;.99.~tJP. _ · __ aGilµintarid-':fully :lmprovcf parkl~nd. The applicant. shall·1submit a ·pfoperty ~pprai~IJeJhe·-:, - . .- · .· ._,. · __ '-..~--., ,·· - - ,- '-.:, .., - ~ ,.,., ·- -- •--- -··-···,--r. _, .. -.,.~ . .;-.. -, ~-- -,- r • ---,,. )~la~~_lh_g -~ervic_~-~ _pepa_i:t,:nerit (or th1f p~rposes·:of J~~l.cµlatirig_: the far~ ,Fe~.,.2;[h¢-.F?~~rk. F.~e:., ·· , .·. .. .. . · :. · . . · :;,:-·· · $~~W§~tp~~ble :prlc;>r .t~ thcf issuiance of _bpildlntf pel'iftifs; : _ ,- .. /. ·~. _'.: '.\\ ·~ .: : .•:-:F .-;- : ,, . . : :,_ ~ ,,,- <·::· .. }'-, -.. ;: ; ; ,;- . -,_ :_ '.:,_ . . -.-.·' ··:·"_: ' . >:. ::· :·· .,:·).j\:,1:.c.::~- /_ .<:: .. ,r.-_. . ·:~- >: .. '. .. ,;;;_: : '.· ::. :, ...... :~~ : · ::A~ :-•h~:f}?r9.pei'ty · it? .Jndl~n' ttost Ian~; ·Jees:; as: rgguiri(!d ·. by .the Ag!Ja:iQ~Jlent~ J3,and· ·9f. - _ · -
· -~ .. · qa~~J!J~'-.J~ijiarys Iri.~al Co_uncil shall}~e· pa_id.' prfo(to coQ~ideratlon _of this· proj~cl:.~_Y t~e _;•.:. ·· '. - . · Plt!lhning C(imrriisslon. , - --. . · -, . . . • . , ,i ·•" - .· ·-' .,-
. Enl/lronrriental '-A~s~ss~_ent . -: : . :Ci.-., -~ ·, .. . : . . , ':: , ·. ·,, j _-; . . , " . . . . , ': _'. - . , • c '-. . , _' , . ,,'.., -~ ,. ,
9. • · r11e_:Jilltlg$.Jlgri •rrie~stJr.etrof. t~~ envl{ptii;nental a~s~ssme~t shall. apply/~ Th~ ~PP!!<;a~t .'/. .. ,. ,.: . . s~~!I ~u.bmita .sigi:ted·:agr~errie1Jt ,that _tne n,itigjation. rne~sure~- oi.ljlin~_d_ ·,as: pa'rt of.:ttj'e · · · -; "'~- - - .,, .,_ ' ' ,<, • • • • ' - ' - .,,. ' • - ' - t - • . -rt~g~ti.ve,-dS:cla,:ali_oti-or EIR,.wilLbe: - - ln9lµded _In the _p,lar:rtr prior Jo Planning :Ctfrn1J1ission- _ , .. · consl~el't;ltii)~;;9f th~ Sl)Vlrprim,tn~~I asssssment.. Mitiga_tlpri m~asures· ~r~:.a$}dll~w~::~ · _. · _ .. ,,,~·~,-- ~ ~. -•-:;~ --- . ,"";'· .. ·- .. :/·:,_-:•· .• \··.:. - .... : .. _ ..... 7· ·.~ •.. ' · .• ,•. • · \( ... ·,: ,:, .. : •I· .·~;-. :, •··~-;:·~,_.•···;;·.~\-~¥:··.:.-·_.~ •.. '; •
10. · .· ·T;!ie: deyelop:er' s1:t~ll -reimburse the City .for _the City's cq$ts .incurred_· in_-m:ani_tonrig :tffe · ~.e[elop~r-~· "~omptiaric~ \y;it,'·,,:th~ condltJon~.· of; appi:ovar ~IJd ;:tnlJ!gatit>o/:rrjoiiHo.nrfg' •.. · pfciQra'flif~Jncluding, blit-n0
citjl_mjted tc( ini;p89~ions<~hd ,:evl~'k_. of\deve!~p~rs"'..:pjiefatio_p~ . -- - · arid ·a~tiviti~$' for.:complian·ce· with a!l.;$pplicabl.e du.s,ta.·n~ 11,~ise tjperatiot)~!::~nc.tcultur~I · r~~94r~ -~iti~~tlor,. Th!s,;~~~dltion of:approv~I i!/s~pplemehtal_ ~ng-Jn -~cfdltl,_~-rfto 'nd'f[l)I bui!dirig .permit· an~ pu~Hc, i,tnprovement pen'nlts that .rnay· b~ required pursuijrit to the . P1;1f_in _Springs Muni~lpal 9o~e. · · · · · · ... 1 ' • 2 Item 1W - Page 42
'
DOC #2016-0164393 Pag_e 24 of 41
t f. pJanfflng ~:nilkslon ROSO. Noi6399
Case 5.,1056 PD 314 Time Extensiori"
..
.. ,.-·····,;·
-- /. . ,; ~:~·: May 14, 2014
14. 15.
16. 'irh~ eppllcant prio~. tp:'-issuance,of builc;l,ing. permits shall submit a draft decl,ara(ioli of ··~C>V~n~nt~. '.conditions an_p_~e~tric\lons (!'CC~R'~"J tq th~ Director of Plarhiirig Servlc~s for·. -a,:ipr6y~[ !n :a "f Qrm to . ~e. ·a,t:~proye.,d QY. th~. City· Attorney; . to be recorded prior -to certil'i~!e.' ·of without
occup~ncy. The.·oe&R·~~shaU be enfp(ge~ble.by'the City/shall i:l.otbe am~_nded and
•GilY ··approval,_ ~od st.fall require· mainteriance of all property in a good condition in accordance with all ordinances. . . : ~ . . . ,. ~ ' ~
$10;000
The_·appil6c1nt shall s.ub,m,it to:·tt1,e·cIt}' of Palm Springs, a deJosit in Jhe amount of pa_id
or the.review of ti:Je .. CC&8's··by the City Attorney. A $290Jiling fee sball also be to th.a City .Plannin.g O~pattmeryt .for administrative review purposes. . ' . .
The '"cc.R's shall .ha~e?· a d(sci;sJre. ,•s;aten,ent regarding the :location . of' the . project . r~l~tjv~ :,to .ro'a'd~~y noise, City· sp_ecial ev~nts, roadway closures for special· events;al)a D~sert'
othef activities which :may occur. in the Central Business District, Desert Museum arid noise
'F~shic,n Plaza. Said· disciosu,re shall lnforih. persp.ective ·buyers -about 'traffic,. and other activities which may occur in Jhls ijrea. - . . ' . ~ . . .
Additional .Permits
17. Th$_ appllcant/p~vel_opet/pr,op~rty'.~wne;· sha_ll,_b~ ~e~uired to; de~ign an~j_:'.~Q,l'!~truct·a . . .,cu~t4?11(J~.~s :~h-elter,,:wh!ch i~.' consi$telif~ith )he Rroject architecture. · The·'.b.us··:_she!,te,r :d_esign•"shr:311 : ·cpmply: With ·.:Sl)flline Iran1?if.bus shelter desJgn criteria -and .:shall. ~,~e st1bmitted Jo, S~nline tijlnsft for r~_view, :.arid .cor,nn,ent p~or tq 'Cify review· and apptqyal • . separaJe
T~e ,propr:3rty qwrier sh~H rnalntain·.,tf,le·,bus shelterJcfr the .. llfe or t~e prpje~t; .u.,:iless.,;a. · · · · ·entered· . maintenance· agreerherit b~tween the · pi:operty owner and Sunlihe. ·. Trad'~it :]~ ·. . into. Thls coriditlC>D mo~ifles'Engineerlng Condltlo11 No 18. . . :·: . ., .. · . .;·· .. . - . ' ' ' - ' . . .- Cultural Resources
. +a.- ;;,or. to·~:~n:i:gr~~nd ·d.ist~rblng ·:activity, :fn~luding clearing· and .~rubbing, 'i.~st~nauon °-0f : .· ·Utlfities,: abdlof any 'c9nstr,uptfori relate'd excavation, -an ·Archaeologist qualified ·ac;cdrdlng .. to Jne Se;qretary of the lnterii;>r's':Sta,ng~rds·and Guideilnes, shail be empi~yt:Jctto survey·. · the ar~a;fot'the ptes~rice of gulturaf tesoutcf:ls id~fiimable on Jhe grou·nd: surface. : .. I • • • .'; ' ;_ ._ . • • • ~ •· • ~ . -· .• ' '. • .• _•• • ' • -;
19. buried
Giv~n that' portions of the proj~ct area are),vithin an .a!!u~ial forma,tio~, the pos$Jbllity of ground-dis~.llrbing resourcE!s is
activities, increased. A Native American Monitor. shall be present during .all . ,• . C • • • • • • , , • •• ' • • .. 1-:'- . . .
·a) . ExperJ~ru;:e . has . shciwn that Jh~re is . alw~ys' a posslblli~ of buri~d ::Q,Ulturt:U ·tesotirceEf in a prc;,ject· area. ' Given that,. a I Na~ive American Moriitor{s r ~hall b~ pres~n,fduring all- grourjd ·distur:bin~ ·a.clivi)les'Jncludlng c(&arln~f ana grµb~i[IQ,_ Caliente
e~cay~tiori; bllria_l: of.,utiifti~s •. planting qf ·root~d :plants, ~tc. ·.cont1;1:ctthe l\gya Ban~ ot..Cahuilfa .Indian:. Cultural Office for additional informatlon,ori:" use_···!inc(.-.avallablllty·. the of. Cuituraf Resourc~ .. Monitors: . · .Sf:tould .buried cuitofal deposits be entjountered, the 'Monitor shall .. pontact the ··Director <;;f Planning . . Services and after the consultation the Direcior shall have.the authority·,to hait . 3 ·- ·.:-.•.=
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destructive construction and shall notify a Qualified Archaeologist to investigate and, if necessary, the Qualified Archaeologist shall prepare a treatment plan for su.t,i"nlssion to the State ffistoric Preservation Officer and Agua Caliente Cultura.1 Resource Coorpin~tc;,r for approvaL · · b) Two.copies of an·y cultural_resoi.Jrce dc_,cumentation generated in con,hection with. this project; including r~poris of· investigations, record · s·earch results and sit~ · records/updates shail_ be forwarded to the Tribal Planning, Build(ng,. and Engin_eering Department and one copy to the City Planning Services D~partn,ent prior to final inspection.
Final Design
20. Flnal landscaping,Jrpga~Io.n, .e.xteric;>r'l!ghtln_g,, and. ,fencirig pl_ans shall be subrn!tted for .· a,pprov~I 'by the :Department ·oJPlann_ing Servj~es, .D.epartment of Public_ .Works, ari,d· . ·. Oepa,11m~n't of Parks and .:Recreiitli;>n/:prior t0Jssua11·c~··:of a building ·pern,it. ·Land.scape plan$:$hall be approved' by.the"J~iyerside County Agricultural Corn'rn!ssiorier's Office pri9r to s'µ_bmittal. Ali· landscaping. located. within_ jJ,e, public -right of ·way or within ·comrr1L1nity_ faciliti~s
Parks
districts must be approved by the Public Works Director and ·the Director of · ·· and Recreauo·n. · · · · · ·
21.. The.final development plaf'!S 'shall beisl,Jb'1}iti~cf in accordance with Sectiqn 94.03.00. of the· Zo,riing Ordinan·ce. Final , develc:>p,rne·rit plans shall .. include site plans.~ building . ·. eJe~at~o.ns, · flc,or :'plaps, ro()f _plans, · gry:idi~g · pJary~; land,s~ape plans, irrigc:1tlon ·,gi~11s, ;~xterior llghU11g pl~.11s, sign ·progra"rtj, initigaJl011· i'.TIPhitorlng prqgr~m. 'sit~ cros_s s·ectio!js, .p_rop~rfy dev~lopm~.r:irstand_ar~s and Qth~r-st1~h-9oc~n,ents ~s .,r~qulred by:the Pl~.nnin~ 'Commission·: FinalJjevelopm1;int plan$ shall be submitted Within two '{2)_.years pf the City Council ,t
approval • '
of ffi'e preliminary planned, . - •
dev~lcip,ment district. . . --' •·,• , . ' ._. . ' -.
22. ·An exterior lighting plan in accord~nce.with 4o~in'g·Ord.inan·ce Section 93-.21.00, o·uJdoor · Lighting Standards, shall, be su.bmltted ·tor re.view and approv~I. by th~ Director of Planning Services prior.to·the:iss.uance',of'building ·permits. Mariufacturet's cut sheets of . all ~xterior lighting on the building and· in ,·t.he iandscaping shall bei" submitted fqr approvaJ p~or to 'fssua_nC8J>f a bliildin,g ,Pl='!'fTlil If Hghts are proposed to ,be mounted on 1;1_ulldings, · down-lights -- - -- . shaJl·be - .
utilized. No lighting of the hillside ls·permltted .. - . ' . . ' - Public Safety CFO
23. The Proj~ct will briQg a significant number of additional residents to the community. The.
City's :existing public safety and recreation services, including ·police protection, criminal .
Jµ~tlce, fire protection ·and suppression, arhoulance, paramedic, aQd 0th.er safety. seniice~ and re~r¢ati91i, .library, cultural servic~s Err~ near .capacity. . Accordingly, the· City may d~termln~ ·Jo form a Community Servi.ces District under.toe authority of Government ·Cod~ Section 53311 et seq, or tjtfrer ·approprii:lte_ staiutory.or'.municipal autho~ty .. · Qeveloper ag$es to support the·fomiatlpn of-such ~ssessmerit distrigt arid shall' waive any right to protest, ·provided -that the ~mount of_ -~uch assessm~nt ·shall be established throµgf.1 appropriate study and shall not exceed· ·$soo annually with a consumer price inde_x · Item 1W - Page 44
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escalator. The district shall be formed prior to sale of any lots or a covenant agreement shall be recorded against each parcel, permitting incorporation of the parcel In the district.
GENERAL CONDITIONS/CODE REQUIREMENTS
24. Architectural approval shall be valid for a period of two (2) years. Extensions of time may be granted by the Planning Commission upon demonstration of good cause.
25. The Tentative Tract Map and Planned Development approval shall be valid for a period of two (2) years. Once constructed, the conditional use permit, provide all conditions of approval have been complied with, does not have a time limit. Extensions of time may be granted by the Planning Commission upon demonstration of good cause.
26. The appeal period for a Planned Development District 314 (PD 314) and Tentative Tract Map 33575 (TTM 33575) application is 15 calendar days from the date of project approval. Permits will not be issued until the appeal period has concluded.
27. In accordance with Planning Commission Resolution No. 1503, dated November 18, 1970, the developer is required to plant palm trees (14 feet from ground to fronds in height) 60 feet apart along the entire frontage of Palm Canyon Drive.
28. The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance.
The applicant shall submit an application for Final Landscape Document Package to the Director of Planning 'Services for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements . .. _.,_ '": " , .
29. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal Code for specific requirements.
30. The grading plan shall show the disposition of all cut and fill materials. Limits of site disturbance shall be shown and all disturbed areas shall be fully restored or landscaped.
31. Separate architectural approval and permits shall be required for all signs. A detailed sign program shall be submitted for review and approval by the Planning Commission prior to issuance of building permits.
32. All materials on the flat portions of the roof shall be earth tone in color.
33. All awnings shall be maintained and periodically cleaned.
34. All roof mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Section 9303.00 of the Zoning Ordinance. The screening shall be considered as an element of the overall design and must blend with the architectural design of the building(s). The exterior elevations and roof plans of the buildings shall indicate any fixtures or equipment to be located on the roof of the building. the equipment heights, and type of screening. Parapets shall be at least 6" above the equipment for the purpose of screening.
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35. No exte~or downsp,outs·'shall be permitted on f,JIJY facade or) tbe proposed· building(s) · wf:lich are visible from adjacent streets or residential and comm!3r6ial areas. . . :· ·· -.
36. Perimeter walls shall f:!e designed, installed and maintained in compiiance with the corrier¢utback reqµirements as required in Section·9302.00.D. .
37. Tne d~~ign, height, textu~e and.color of building(s), fences arid wall~ shaii be submitted for revi(;!w ••c•
and approval prior to 'issuance ./- -•,1
of buildhig permits. · .. · · . · · •.• • • • •
38. The ,str~et address nuni~ering/letter,ing shall npt exceetj eight lnche·s in ~eight. . '
39. · C_o'ns~ct_lon of ·any residenUal :unit ~hall meet miniri'IUl'T! ,soundproofing requlr~ments prE!scrlbed--pursuant to Section 1092.'and related.sections of Titl_e 25 of the California Admlr,istrafive Code. GQmpiiance snail be . demonstrated· ·to . the satisfaction of the Dir~_i::tqr of ·suilc!ing and Safety. ; . · ·. . _ . · · ·.
40. · 41.
Subr:nit Plc!n~-rt)e~ting ·city- :=itandard for approval on Jhe:propos~d. trash and r~cycl~~le; in,aterials ·enclo~µre prior'\q issuance of a bui(ding permit. - . . · · · . . ., . · . . : · . . . . . ,' .. ·- .-,_.~-. _·· .. ,-. ~·J:- . · .. '·-,.--, ' - ·_ ,••·-, :/ __ ·--~~--~- :· .'_ . : ···:'. .... :>:-'.: :-~ ~ ·. _-_-.:·-·- . ·. O~tail~ :of.ppc:il':fencing:(mi;j'terl~l and color) .a-rjd _equiprnent area shall be sµbmitted with -fi,;,alJa.ndscape . plan.. ·. .· · ·· . ·· . .- -· . . · . : ·· . _. .. · - , ;'· .. ·. . . ~ . - .~
42. 43.
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N;,si~ens, out~ide·p~g:ing .pr any type of ::~lgnalizatio,:i will be permitted, e~cept appr~~ed_ alarm· • •
sy!,tems.
• / i • ' '
. . . : ••
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N~:~utsid_e ~torage··or.~ny klnd,_shall be P8Tfl1!lted ·except as appr~v~d· as:;a .p~rt.of the proposed -plan. - · · 'c • ·
44. ·. v~~iq[~S:,associated\vitf:\:,{he pper~dlo0
riQf theiproposJd de~~Jop~·ent i_ncludlrig cd'mpany .. ' ... · - v~ijic(Qs o~ :employe_es v~hJc(es',shali. not ·be ,permJtted::to. part:: off the '.proposed-· buUding·_ · • ', - - - , ' , ••· ,, • • 1 • 'i •· - ,. -_;,l • • . , • · . , ~ 1 , si,e U!'}less a parking-management plan has-b¢e~ approved. · •• , -~;:~;-... • \ '. •• ·_, ·: • • : ... _. • - _- • ' •• ' !.- '-:_ • _:: :-.. / • • • • • .•• ' .tb~, :PrOj~ct .:sh.~11 comply with: the City, of Palm · Springs rransportation ·o_emand. _- 'l .• ,, . ,. - .• - • '..... • - ' ' • ' . - - . ' • ' M,~ti~gi:!ment ' • . (TOM) Ordinance which establish~s transportation dehjand -ni_an~9em~nt. • requiretne,nts ·ror :tht:1 City of,:,Palm Springs. Refer to .Chapter 8.4 of. t~~ Municip~l--'~o?~ . : , for s·pec,ific requirements. .. . ' ·. . ' . . . . : . . . ·, : : ' . . . . . . . . ' . . ~ - ., . ,, , ..
Prior lo "1~ lesuance.: ofbuildirig-~pe,,'.n!t~. :!ocations·of all telephori$ .and ~lecfrJ~J i:io~~s rriui(~e hidic~ted.on !h_e·bujlding·plans~na most be complete_ly scr~j:1~ed_~.fld_l9_cfit~~ffh tQ~Jnterior: ofjhe· bµi_ltjitig~ · _ Electrl~~l-:t~.n~.fc;>rrilers must be /opat~ toward. the lnterjpf of th~·projecf mainlaJiling·· a -suffli;ierit di~ta_rice-:(roni Jh~ 'Jrontage(s) of-the projegt: Said .. trarisforrrier(s,) - . ~
.must bei a~equately and deP5>ra_ijvety·;~creened. _ . ' .. .• . . . ~J . "\. - . ·. .. : . ~.
47. Th_e· appUcil~t
• • •
snaU provide r •·.
all tena,nts with Conditions of Apprcival of.this proje~t: ' . ; . - ·,, -
48. Loading_ sp_ace.:facllltles -shall be-prp,yided In accordance with ~ectjon ,9307;00 of .YJ~ Zoning Ordinance: Sald·lacUltles shall be' Indicated ori the site plan and approved prior' to issuance cif building permits. .
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49. · Standard parking spaces shall be 17 feet deep by 9 feet wide; compact sized spaces shall be 15 feet deep by 8 feet wide. Handicap parking spaces shall be 18 feet deep by 9 fe~t wide plus a 5 foot walkway at the right side of the parking space; two (2) handicap spaces can share a common walkway. One in every eight (8) handicap accessible spaces, but not less than one (1 ), shall be served by an 8 foot walkway on the right side and shall be designated as "van accessible".
50. Handicapped accessibility shall be indicated on the site plan to Include the location of handicapped parking spaces, the main entrance to the proposed structure and the path of travel. to the main entrance. Consideration stiall be given to potential difficulties with the hahdicapped accessibility to the building due to the future grading plans for the property.
51. Compact and handicapped spaces shall be appropriately marked per Section
93.06.00.C.10.
52. Curbs shall be Installed at a minimum of five (5) feet from face of walls, fences, buildings, or other structures. Areas that are not part of the maneuvering area shall have curbs placed at a minimum of two (2) feet from the face of walls, fences or buildings adjoining driveways.
53. Parking lot Ugh( fixtures shall align with stall striping and shall be located two to three feet from curb face.
54. Islands of not less than 9 feet in width with a minimum of 6 feet of planter shall be provided every 10 parking spaces. Additional islands may be necessary to comply with shading requirements.
55. Shading requirements for parking lot areas as set forth In Section 9306.00 of the Zoning Ordinance shall be met. Details to be provided with final landscape plan.
56. Parking stalls shall be delineated with a 4 to 6 inch double stripe - hairpin or elongated "U'' design. lridivipual wheel stops shall be prohibited; a continuous 6" barrier curb shall provide wheel stops.
57. Concrete walks with • a minimum width of two (2) feet shall be installed adjacent to end parking spaces or end spaces shall be increased to eleven (11) feet wide.
58. Tree wells shall be provided within the parking lot and shall have a planting area of six feet In diameter/width.
Waste Disposal
59. Trash cans shall be screened from view and kept within fifty (50) feet of the street. .1
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POLICE-DEPARTMENT: .,·
' . 1. _ Developer shall comply with Section II of Ch!:Jpter. 8.04 of-the Palm Springs Municipal Cpde • .
. BUILDIN~ DEPARTMENT:
1. Prior to any .construction on-site, all appropriate permits must be secured.
FIRE:
· 1. · Comply with all ·fire regiJlations.
ENGINEERING DEPARTMENT: .
STREETS
1. _Any improvem~nts wijhin the public right-of-way require a City of Palm Springs Encroac~menj - - Permrt.- . - . ._ - -- - - - -- --- ·- _: · . . ,:
2 ... ,gn~rc;>.~chments ·.of bli_U~ing~ -~r -o~_e/-:st~uctures Y,\'U~ln _th~ "publ_ic '_ ~~ht-of.:way_; ~~;~ii .r~g:~i~~- -_ · . · ~)jpfc:,~1. of an :.Enc:r<>achmeot Agree:m$nt or: l;ncrqachm~ril. Llcen~e by the Cify ··,Engineer arid/a( -- ·city Gc:>uncll (as:req'i.1i_red) •. tbe applieci_ot ·s~all :apply for anJ:ncro!:lchment Agreement·<>tLicen~e. · · ::~J; n.~q~ssary,·pflpr_t9 issuarfce of a .. biiilding p~rfuitJor bt.iildings or structures that ~ncro.a:ch withi!i. :th~( '• '•,
p~bJic;·rlg~t~f;.way. -. .-!. ·-.
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3. ~l:J~tn_i(
_,_ • • - ;sfr~~t
.• ,,. . t~ lmpr~ve~ent_ ' . . ~ . ' 1i~·ns prepared . -· ' ' , by a·_:
' . California • r~lstered civil, :~ngine~r to uj~ . ' ' . . ' . ' •. ·~ngln~efihQ:· Oiyis.ion. ·The· plan(~) · shall be· approve,_g · by ·the City' Engineer prior ·to i~~;u~nc:e 9_f · building permit. - · · · · ·- ·- · · . '. . . . . ), . ~ ' -. ' . . . ,. - ' ' -· ';: . .. . . -~> '. . ',; . ~ - I'. ··.i, .. \sc: ~I._..-· ~; -- , 3a·. Jhe applicant shall be, required to·,coristruct asphalt concrete P!:lving for streets Jo :two: sep_arijte. · -• ·lifts. ·.1Ji!=)~~nat!lft. bf _asphalt. ~onc;rete pavemenfsllaU pe( p~s,tpdn~d.. tin~I sue~ time tti~f ofl.;siJe · · __ pons\ru~tlo_n acijvltJes- -are co-nipl~•~; _as ·_m~y ·be· de_t~niiined by: .the· City:_Engine.er .. '.Paving _tif _ ;~fteets ·,1n one ·-lift priefr to cqriipletton. of on~site cohstruction -will" npt be allowect,. .unless:·Pligr Efuthcitjz~tion has been: o~talned :frpm ,the Pity 1:ngineer. Compl~tiori_ ·of asp_halt ~oncret~ p~virig {or streets prior ;to completioffQf on .. sit~ constructioii activit{~s. ·If ijuthorized by the City_ l;ligfneer, . wm ···requlre· addltionaf .. paving requirements -prior tp accepfai-nqe, of the street improvements, ,_ including, but not_-limltectto: -r~mqval and replacement of damaged asphalt concrete, pav~m~nt, . overlay";- ' - slurry ~eal; or other repairs·, as required .by the City Engineer/ .. ·•·· -' - :. . ,, - ' . . - SOUTH : PALM CANYON-DRIVE . . ,
·. _ 4. -: D,edi~te-·ao additional 10 feet to i:>ro'iide the .ultimate ~alf street rlgtit'."of 7way w!dth of ~Q feet along th~ enjlre f~9ntage, together .with a property line corner cut-back at the soµthwest corner of the siibje~fprciP,~rfy in accordance With City of Palm Springs Standard Drawing No~ ~ 05. . , ... , . _;·
5. Condl_tion # 5 deletfi]d.
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The existir,g palm trees located along the South Palm Canyon Drive frontage shalJ be relocated anq transplanted by the applicant in conjunction with the associa.ted street wid~ning; or-,the applicant may furnish and_ in.stall new Washingtonia filifera palm trees along the -Sol!th Palm ~r:iyon Drive froritage; at e_cf1.;1al spacing, as appr_oved by the Dire.ctor of Plannlng. The ~pplicant s~all b~ responsible for installation of a new irrigation and electrical system for the palm :free~ to the satlsfactic:,n of the City Engineer. , . Ne\-11· or · tra11s planted palm trees shall -be sJbj~·ct to a ione-year · plant estaolishment period gu·aranteed for·a period-of 90 .cl?YS from ·the date of acceptance::oy the City Engineer. Any palm treei; that f~ll during the one;,;year piani establishment .80 day-kind$oape ma1ntenanoe period ,shall be, .replaced with a new 'palm tree ·of similar trunk cfiameter and. height to ·the satisfaction' of.;the City Engineer,· :and shall. be subject to a subsequent . one-year: ·olant establishment 9Q}J,e1y l~ntJ_13~~p~ mai~~nanse period. The applicant shatt .ensureJhat adequate irrigation .of new. o·a1m :
,trees' is~provided during the plant establishment period. unttl such time as the··eixisting iftigation :system is sufficient to irrigate the cialm·trees. . · . . - . . .
R~~ove the 'existing .. curb and ~utte-rh~~a-;e~ 32 ~ f~et east of ceriteriine and replace with ·an 8 irich-.curb-an~ gutt~r located 38 feet east of cehterllne -~long tJ,~ entire frontage, 'with a 35:f~e~ Mesquite
!JJdl_us curb return at lf!e northeast. com~L of _the ir,ter~~ction bf $outh', P~lm 9ariyQn lJriv!f ·ahd .
Avencie in acc:orc!ance ~ith Qity of ;P~Jm Sprir'lg~ Standard Drawing ,~o:-20Q ~n~f2Q6. '. Pro'lid~ -~ transition ~etween the -proposeq m'ain. ·e.ntrance an~ the Talicfuitz Cree~--:.13.fidg!jl, acc~ptable to ti)~ City ·Engineer, to provide f¢r the requctlorfin roadway width ·from the propo~ea _3~·fee, to the existing road~ay width at- ~~e bridge. , . ,. 9; · · R~move th'e,exJsting. cr~ss-gutter loc~teda~ro:ss the east leg of the South Palm ·canyonDrive·and .·-.. l • , ' - • , . • ' , ,. - , . . .• ' . - • • • , . :fiA~sqyJte J\venLJe lnters~ction a~d_ constrU:ct ·a neW ~ feet wide cro~s-gutter""'ln~accorda~ce wlth-- ·qity 6,f Palrii .,springs Standard Drawing ·No. :200 and 206, as. necessary to facilitate the reql!l.red street Improvements. · .. :- . . · · · . - . .
10. Qor,struct a new 36 feet wide street int~rsectfon for:fhe.Maln Entry··with_ the cent.erline of the, M~.{n l;ntry -aUgned with the existing drivew~y access to Rock..:Gari:fen Cafe on the westside 9f Sqµth ~~lrtj ,9,aQybn ·Q_~v~. The · Main Entry s~all cgnsist or-a divided ~iltry with one e11tr~_nce lane and one exlt:lane {14. fest .wide each): and a :landscaped median (8 feet wid~). for ~i.:tptal width of.'36 Je~t;-or as otherwise approved bY"-the.-City E[!glr:iee.r or:--required by the i=tre Marshall. The Majn Erilry,sh~II be c6nstructed ·as a 36 f~efwicfe·driveway approach, In-accordance witfr City of Palm Spnligs-Standard Drawing No. 205. The.:inC:ldian a(lhe·Main Entry snail tiot be constructed wltnin tfie _pub!i'c right-of-way. . . -. · · . · . ·. --·
11. _, Cd.nstruct a 2_4 feet -Wide driveway approach in ~ccordaliee· with_ Citr of_ Palm_ Springs ·standa_rd . Drawing No. 205. The centerline of the driveway approach shall be lcicated approxima~¢1y 460 fe~t :north of the centerline of Mesquite Avenue, as sho,wn on the apprc;,v,ed site_ plan. : Acc~~s snau_·be limited to right-turn in and right--'lurn o~t only. · . ' /. · - .
12. GQf'lSfruct a Type.c curb ramp meeting curren~ California Stat~:Accessibillty standards on_ each ·sicl_~;-~f.the fy,airfl:ntry and secqn~ary·entry driveway approaches irfacccirdance wit~ City of Palm Spti~gs Stalid~rg Drawing No. 214. The applicant shall ensure that an a·ppropriate path of travel, meeting ,AD~ guldelfnes,_ Is provided )1cross t~e driveway, and shall adjust :the locatJor, of Jhe acces~ ramps, if necessary, to meet AQA guidelines, subject to the approval of the City Engin~er Item 1W - Page 49
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and ADA Coordinator. If necessary, additional pedestrian and sidewalk easements shall be provided on-site to construct a path of travel meeting ADA guidelines.
13. Construct an 8 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 21 O. The sidewalk shall be constructed of colored Portland cement concrete. The admixture shall be Desert Sand, Palm Springs Tan, or approved equal color by the Engineering Division.
14. Construct a Type A curb ramp meeting current California State Accessibility standards at the northeast corner of the intersection of South Palm Canyon Drive and Mesquite Avenue in accordance with City of Palm Springs Standard Drawing No. 212.
15. Construct a 14-feet wide landscaped median island along the entire frontage. Provide a 50 feet long southbound left turn pocket, and a 50 feet long northbound left turn pocket at the Main Entry (aligned with the existing access to Rock Garden Cafe) with 90 feet long bay tapers; and a 200 feet long southbound left turn pocket at Mesquite Avenue with a 90 feet long bay taper. The left turn pockets shall be designed in accordance with Section 405 of the current edition of the Caltrans Highway Design Manual, as approved by the City Engineer. The median shall be constructed as necessary to pass stormwater runoff from the west side to the east side of South Palm Canyon Drive, as may be determined during final engineering design, subject to the review and approval by the City Engineer.
16. Submit landscaping and irrigation system improvement plans for review and approval by the City Engineer and Director of Planning. The irrigation system shall be separately metered from the parkway landscaping to be maintained by the applicant, for future use by the City upon acceptance of the landscaping by the City. The plans shall be approved in conjunction with the street improvement plans for the median and prior to issuance of a building. permit, unless otherwise allowed by the City Engineer.
17. All median landscaping shall be guaranteed for a period of one year 90 days from the date of acceptance by the City Engineer. Any landscaping that fails during the one-year gg say landscape maintenance period shall be replaced with similar plant material to the satisfaction of the City Engineer, and shall be subject to a subsequent one-year gg Elay landscape maintenance period.
18. Condition# 18 deleted.
19. Construct pavement with a minimum pavement section of 5 Inches asphalt concrete pavement over 4 Inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to clean sawcut edge of pavement along the entire frontage In accordance with City of Palm Springs Standard Drawing No. 110 and 340. ff an alternative pavement section is proposed, the proposed pavement section shall be designed by a Cslifomia registered Geotechnlcal Engineer using "R" values from the project site and submitted to the City Engineer for approval.
20. Install a catch basin of appropriate size to accommodate the stormwater runoff tributary to the existing low point along South Palm Canyon Drive {between the Tahquitz Creek bridge and Mesquite Avenue). Install a storm drain connection pipe (HOPE pipe as allowed by the City Engineer) from the catch basin extending north within the South Palm Canyon Drive right-of~way, 10 .,
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to a ·n~w outlet in .the· Tahquitz Creek. The public storm drain $hall ,not: be connected tq or e~ter'ided :on~site. · The -applicant shall coordln~te with Riversi.de County Fiood C.ontrol Dislri.ct (RCFG) .fc,r:r~vi~w-and.appjoyal :ci,f a.new outl.~t structure-,fnto the Tahquitz ·creeic-iri1medj~t~ly -dovvo:Stre~nf(forri_- th_e Ta_hquitz Creek bridge. Submit. storm drain improvement ;plans for ·r::eview and/approval~y-tlie_·cityErigiiieerand RCFC. . . - · :-· -- 1 ••
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21. -D~dicate ar, adc;litional right-qf-way Of 4 fe_et conceritric wjth the back of th~· n~w ~{dewatiradja~~~t to ~e prc;,po$ed 1!~ ,feet long westbound rig~t.;tum lane at the intersecJip~- ·with Soutb:P.ajm C~liYon Qrive:and MesqLJlte AvenQe, extending frohi South Palm C~nyon DrivEfto _the Me!iqulte Aven1,1e dri'(eway, as required byJhe City E11gineer. . · ·_ . .. ,- .
22. Be~iv~·-:the-existing curb and gutt~tlocatei:1:20 feet_north'of ter1t~rll~e an~ r~~lac_~'\Y,Jt~a_ 6:inqh :c'i:1t~ .~a.nd :-guJter' lo~ted 26. feel north·_of centerlirif!l fr.om" Sou_th Pa!rn CEil'lyon: Q_ijy~ .. With "j111 . appfpprlate trtins!tjQl:I t0-.20 fe~t nor:th of centerline;:adja,cerilJq and Westof t~e Mesq~lte Avenl)e ' ' •. , ' 'f - ..... \>,~ ·• ., •. -·~ . - . . . ·,. • ' . . -• ~ ' dJiyeW~y . ••. • ·- • • - ' -' .. _ Th,~ curo and gutter shall-be -co~sttuct!9cl,-ir1 accordance with City:of-Pl;llrtf$p_rhigs S!ancf,ard i;>ra.wirjgiN6. 200: .T~.e: street shall :be _wf~en~d_Jo. provide a· :20_ feet _wJcfe_ ~a$tpqund latJe,:e •.'···--. '..
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JE;llt~Jlini/thtough lane,. and a ·14fe,el wld~ .dedlcat~ right-tumJane.: :_(:·. •• ,.}.__ - -· .'~ :- ' ' ·' .- ·~-~,~- •• ;!- ' ia. Con;~ct a 28_ftj!et-Wide drh,~way:-~pproa,q~:ih ac~Qrd~hc~ With,Clty of_pa1mi~Rr1ng~:-~Stand§lf~- .. Dra·w,ng· No, 205. ·rh~,,cent~r.Une al. the .dt~veway. appr~~ch .s_h~U be lo~tea . appiq_J:<i~ajely :295 . · -Jeet-ea~t of th~ cehtetllrie of South Pplhl Canyon Drive, as shown on .the approv.~d site :pl~n. _ •._ ·\~ -'". ;,-:,:; <:·_-: .- , · .- ~- -. ><:':._:·,.: ._\:· :-:- :-:_::-·:<.:,_·:_<· .. ·a·•··: .. ' .. · ·,':--,'., ~-:~}V;::'.. - - . . .. · ·24. Gonstru¢t a Type.-c -curf:> ·tan.,p ,meeti11g C!Jrreht c_afjfbrnJ.a · Sta.te_ Acc·es;;ibility stah_d_ards i;ln_. ei(ich . ~ic!_e::of the· driveway· approach Jrj: accordance With City'· of -Palm .-springs. Stani;f artj ·: Qrawl_ng _J.Jo. 7214. Toe· _applicant shall e·nsure that an. approptjate path':of travel,· .meeting· ADA-glrid~lin~s, is ;pfQVid~d;acros~f the_driveway;:ao<1.shall ~~jysfthe loea'tlon of _the ~~cess ramp,;' if rf¢'ce~~aiy, to :,m~e.t . ADA · g'uldelin~s. -. subject: to · .. the : approval-of ·-the ,City J:ngin~·er. and -AQA Coorqir;l~~o.t;: ·-rf n~c_e·ssary, additional pedest~_arj ~nif sidewalk easemenJs stfall be provided a~.:site' to ro.nstt,)st_ a path oftravel'meet!~g ADA·-gui~elll),es. . ', ··., · . . _ ~. . . - < -. . · : . ·,- :· .. ·. · •._ .
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:~1a~~alk ~t • .,, l; _ . -ba~ind . the curb froril South Pia-n CanY6n: f~_: ;h~:MJs:~iJ~t~' , . __ _ . , " • _ _ _ _. _- ,,,. _ .. doYeWay·.and a 5 foot side waJk(rom tt,e.dnyeway to Random Ro~d-1n··a-ccordance with·Cify;qf - • -.· ' •• • • • • • ' , • • ' -~ • - • • ~ - • ; . • •. - t •• ·Palm.Springs St1:1ri~~,rd O_raWing No. 210.. · ::: · ,.1 - · · · .. · ·- ',; -:: · • : • -: • ~. -~ -· " - • •• ·- ·:. •• ' , ; •• J.
· 26. ·t:onstruct a _Type A curb ·r~ni·p meeting current Cailf,ornla State . AccessibillW st~ndard~ ·at the {jqnhwest r • ·
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Avenue and Randon," Road· in accqrd~r:ice With
City Qf_Palm Springs '• ~- '• I ,~ ' ' ' • , "::I,• •• • - ,S_tandard Drawlng_No:·212. - ·- . . ~· · · ·· · . , ' .\, -:. - ./.. • _· . " . =. ... . ' . . . ~,-::· - ' . ~ .-; . - •. . ' .. . ::~ _· ,: ~•::. -
27. Cobstruct-·p~vem~nt with a ·minim!Jm payeiTieilt sectio_n ~f ,,3.:Jnches -El~j:>halt concret~. -pav~nj-~ht .· , · over 6 inches crushed mlsceHaneous base with a minimum subgrade of 24. inches at'95% :relative_ . cqmpac:tioft',: or-equaf," frpm edg'e ofpropo_ie~ qr existing gutter-to clean :~a,&~ut .'~dge of .p'.~V8.'!1~~-t. · wl:!e_reJig14irea:· ·_ If an ,aJten:,ative. pavement -se¢Jiort 1s··pr9po~ed, the propgsed pavem~intsectlori ,shail be design~ _by . a ,Qalifornlij ,:,-egisiered:;~Gsotectinicai- i;nglneer using' '"R" ~i,ues fr(?m the project !;_ '
site and su~mitt~d to the City Engineer for-apj:,rovat . __ · - . . - ·28. All broken or off grade street.lfDprovements shall be repaired or replaced. ,,
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29. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210.
30. Construct a 20 feet wide driveway approach In accordance with City of Palm Springs Standard Drawing No. 201. The centerline of the driveway approach shall be located approximate'ly .305 feet north of the centerline of Mesquite Avenue, aligned with San Lorenzo Road. Access shall be limited to emergency access only. The access shall be gated anel looked \'Jith a "knoK hex", i11ith aooess pro1.«leled.as required to the Are DepartmoRt. An Opticom or Tamar system (or approved equal) for automatic operation by emergency vehicles, with uninterrupted power supply {battery back-Lip). shall be installed for the entry gates, meeting the approval of the Fire Marshall. ·
31. All broken or off grade street improvements shall be repaired or replaced.
ON-SITE PRIVATE STREETS
32. The on-site layout of streets and parking spaces is subject to further review and approval by the City Engineer. Adjustment of proposed street alignments, and deletion or relocation of proposed parking spaces may be required during review of construction plans for on-site improveme,nts duri11g final engineer{ng, as required by the City En.glneer. Approv_al of the preliminary site pia'i-1 does not constitute approval of the on-site layout of streets and parking spaces as proposed.
33. Dedicate an easement extending, from back of curb to back of curb to the City of Palm Springs for service-and emergency vehicles and personnel access over the private streets. '
34. All two-way oh-site streets shall be a minimum of 24 feet wide (as measured from curb face or edge of travel way).
35. All on-site streets shall be constructed with concrete wedge curbs and cross-gutters as· necessary to accept and convey on-site storrnwater runoff to the on-silo storm drain system, In accordance with applicable City Standards.
36. Construct pavement with a minimum pavement section of 2½ inches asphalt concrete pavement over 4 inches crushed •misc~llaneous base with a minimum subgrade of 24 Inches at 95% relative compaction, or equal. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a Callfomia registered Geotechnlcal Engineer using uR" values from the project site and submitted to the City Engineer for approval.
37. Parking shall be restricted along both sides of the on-site streets, as necessary to maintain a minimum 24 feet wide clear two-way travel way. Regulatory Type R26 "No Parking" signs or r~d curb s~all be Installed along the private streets as necess·ary to enforce parking restrictions. The Home Owners Association (HOA) shall be responsible for regulating and maintaining required no park.Ing restrictions, which shall be included in Covenants, Conditions, and Restrictions (CC&R's) required for the development.
38. Proposed parking spaces located on Lot "E" shall be deleted. Lot "E" shall be provided as a minimum 20 feet wide emergency access driveway to Random Road, as required by the Fire Marshall.
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38A. An acqessible .pedestrian path of travel sl;lall be provided_ throughout the development, as may be required _by applicable state and federaf.laws. An accesslble path of travel shall be constructed of · J?9nland cemei:,t c_oncrete; unl_e~s aliem~tive materials meeting state and federal accessi~lllty stari~ard~ is· approved by the City Engineer. . ~ t - .
SANITARY SEWER
39. All sanitary facilities shall be connected to the public sewer system.
40. All .. on'."si,te se_wer systems Sh~II be privately maintained by- a Home Owners Association (HOA).
Prc;_IVi.siolis fpr m~intenance of the on-site sewer system ~cc~ptable to the City Engineer shall be includecl In the Covenants, Conditions ~nd Restrictions (CC_&R;s) required for this project. ·
41. Ah oh"'.~lte private sewer syst~tn Sh~II be constrµ_cte.d to cpllect. ~ewagE;I fr'omJhe develp~ment,~nd ·c~nnect to. the e~istlng publib se~er syst~rn. i$ew~r plan~ sh~fl·_be submltfe~. to _th~ !;ri~_iii(t~rlrjg Pi vision ,for ~eview .a-rid approval. Private. on-~ite sewer'.=mairts _ shall confqrnfto City sewer deslgh:
sJ~ndards, including· ~onstr_uqfion .rir-·s inch ·v.c.P.:· se~er: main and. standard sewer· manhole~. ~~wer nJ.~~hole cdvers-$h~ll 'be ide_ntified as "Private-Sewer". A profile ·view of the.· on-sileLpriv~te s~#~r ll}~i~$. I~. no~ ·necess~ry._.provfded ·sufficlen_t :invert_ lnforrna~lon Is provided _jlj :t~e-pl~n ·yi&w, in_cludlntfelevatio_ris ~th conflicJing uijlity lirj~s .• Cont1ecUpr:iofth_e gn-:s_ite J)riv~t.e·seWer system to -th~: ·pqolic; '.sewer .. i:n~Jn shall Ji~ .:m~,de; af? a standard lc1te_(~I · co·nneq.tion_ -into thei ;-e_~Js_tlhj puqlic se.w.er n:iai1.1s :located in MesquiJe •. }\venue arict -:Rand9m Road iri a.ccordance witfl . Gity ·:of Palm Sprlr1gs_~Starid?n:f Drawing No .. 4,05~- _ Plans fot}~eW~r-$ otherJh~n the :priv~.t~ on-slle · sewer'inairjs, i~~~ b4ildi!1g se.wers and late(als {tom thei ·buiJdings·tp_ the. oh:site ·private sewer mairis,·are subject to separate review and approval'by the BUIiding Division. . ' . . .GRADlN.G
. 42. Subrriit a_ Precise Srad_ing _ anq·,Pavlhg. Pl~n p~epared by ·a California regis.te.red civil engin~~r. or g1;1allfied .Archi.i~c~. to fhe :Engineering ;Division for _review -~nd ,approval:. T~e · Precise Gradlng Plan sbaH:be.apprpved"bY . -
the Clty.Englne;efprlor tcfiss_uance of gr?ding permit. · .. J • ' -, . - ' .. ', ' . . . • .. -~:~ :~:'~~giJJ.ve· DiJ~t Coritrol Plan shall b~ pr~pared-by trie ~pplican·t, and/~r itS-gradi11g .contrat:tor - and _subrnitt~d to_tre.·E-rtgineering Divtslo·n for .review al1i::J app.rqy_al. )"he apiJ.!lcant ~nd/or it., ··gradil:i9 :contractor sh~ll'-be required to comply with Chapter B:50 of the City'ofPalrn Spr:fngs . Municipal Code,-~nd shail'be required to .utilize one ormod:f "Coachella V~lley Best Avail!;lble.
Contror MeaSLffE!S" as identified. Ir:, the ·Coachella .. Valley, F ugitiVe Diis1 \Controt }ian_dbook _· fcir · e.ach ·fugitive ·du.st ~ource such -that .the applicable 'perforrn~nc~ standards are- rnet. T~e applicant'.~ or Its cor,trac:to.~s Fugitive .Oi!sl,Cqntfol Plari .s.halLb~. pre~ared:'by stc!ff that.ha.s · completed 'the $oUth Coa·st -Air ·o,Jallty : Management District (AQMD) ·-Coachella Valley :,. ',, ,-:.·.•· .~ ... ,, - .. , .. - ., ,. . - -, , ., , .. -· . ·~ ;_ ',.:.•,,, - ... ,,.,,,_·•- ' .·- ,. ' - ' .. ,, .. , -, . , ·• _ F_1.1gitJy~ .P,1:1st Gpntrol Class •. The e;1ppllcantar:td/or _lts'.,gr~dlog_ c;qrittactor shall pro'lide-.the Er;igineering: Division· with cufreht and valid Certificate.(s) 9f Completion from AQMQ for.~t~ff that h~s ccimpletecfthe ·required·'traii,ing. For information on att~ridlng a. Fµgitive Dusf Cciritrol . _qa~s: _a'!'id lnforrriati~!'l -on ·the Qc,achella Valley: Fugitive , Dust ·.contr~t ~anclbook and' related aPIIA1 O" Dust- Control issues; pl.ease· contact AQMD at (909) 396-:3752; or at www.AQMD.gov.
A, Fu_gitive Dust Cootrol Pl_a,11,-!n conformance with the Coachella va,rey.Fugitive i;>u_stCont_rol Hanc;lbooki shail be_ submitted -to and approved by the Engineering Division prior tc;> apJfroval of the Precise Grading and Paving Plan. . · .
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b. The first submittal of the Precise ·Grading and P~ving Plan shall include the ·following :lriformatlonii a·copy of final approved .conformed copy of ConditionEi of Approval; a copy of:the approved tentat'iv~ tract m·ap; a copy' of cu_rrent Title Report; a copy of ·soils , Report: ~nd a :copy - of.Ula . . ass.ciciated '
Hydrology $tudy/Report. .. · . ·. . . .
. 42C. · t:f! · a.c.~o~dan~~ _ with an approved· ·PM-1 a O_ust C_ontrol Plan, perimeter fericlrig -~~all be i~st~!I e~. · · Fenc{hg-shalfhave.~creenlng that is tan 'irrcolor; gre.en screening will ni;:,t be. allpWed. :.l:',~rim_~t~r fencing shall be 'installed after Jssuance of· ·Grading . Permit, and immediately . prior _ tc:i -co_mrnencement of grading operations. ·· ~ . . . · . . . · '·'
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420,·Peiimeter fence ~cre,ening shail be appropriately :maintained, as reqiJired by the City Eng~rjaer~ . . 9uts. {vents) ·made into the pefimeter fence screening shall riot be allowed. Perimeter fencing s~a!I be adequately anchored into-ground to resist wi.n.d loading. .. · , · ,: :'"'•i42E: Within. ·10 days. of· ceasing :aJI cqnstrµction activiJy- ahd · whein. construction' ·a~tivities. .are noJ . · ~9h~u.led_ :to occur. for' at l~ast 30: d~ys, .,,the ,~disturbed areas· on.site shsill ; b~: /perrnJirj~ntly . -stabi'liz~, . in accordance . with . P~ltn ~prings · M1J~icipaf Code .se·ction 8.50;Q22~ FoiloYJi~9 . -·st,~!l~_tiort of all disturbed .areas, perimet~r fencing"-s~all _be removed, as requlred,by;the,Qity . ~rigineer. - ~ · · _ - . · _ ..:. ·- .. · 42F. Pri~r,to--a~proval ofa G~dlng iPlan (or ls~i.Jance· of a :G~a~in~ .Pe_ntiit), ·the a~pllcatii sh,~1i:··-~6t~in .. -writt~n::approval to proce,ed wHti ·constrticijJ)rl ·from .the' ·Agi1a_· daliente Band, qf ,c~_liuilla '1n~!,~~s. _ •_Triµ~I Hlstonc Pres_ervation Qffic~r 6i' Jtlbal:Archaeolqgist._ Th~ appng~_nt•s.~all co_pt~ct the, .. T~~.~I -Histqric .Preservation Officer 9r tile l)ib~I iArc~a~o(ogist ·.af ·(76Q) 6Q~::-6800,; ,J.o ;,g~t~rmjq~::Jti~lf.' requirer;n_e(.its·, · Jf any, associated with"!gradlng or: othei::' tojjstru9tlqij; · ·Tn~: app,lica_pf'is: )adyi.~e~f'!p . ·'COrlt~ct the-'Tribal Historic Preserya69n .dffi~er-'9r -Trib~(:Archaeolqgist as·e~rly.as po$~iQIE!!;_~lf -rijqUlt~c.t. )t_J~J6,e res·p.onsibilily of the ~P:PliC.~Qt)q~c:pprdi~ale sche~uJing of Ti;i_bal)Jionltor~;d4f.ing _g@'ging_:or. other. construction;· and to arrange pj:lyment of any required fees assoc1ated_.with ·Tribal ·.m<>nit~ting. ·, ., , . ,. . . ::: '.· . · __ · . . . ' . . ·_ ' ' ' '. ~ . . . . . . ·43. · D~~lnage swales -shall be provided ·ac!Jaceht tci ,all curbs ~·nd sidewalks to keep nuisan~ water' · . from_ e[itenng the pubnc· streets, roadways, or gutters. . . · -· . · . . -:_ ':- . -~::•;•'.•'..,:••.• ' •_,• :• •. •, ••• •• \_••• 0 ••·,~•• • a • ,• • ,•.••· • ~~ •L:_•.-~:.• ... ,.
44. ·A, -- ~iatioi:1;3t,Pollutant.
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Dis~aFQe . .e: • _eliminalio11::$¥~toFf,l
• -'- ' - . - - (~IPDeS) ._, •,, .- ,. sto~•.iater ~-•- pennf~ Issued Jrom: tho - ·,· ,. . --- _ ... -:,_.- .... ~ .,. Celifpfrila. Rogiprjal '.'Vatei= QuaUly ·Conti=ol lilpaFd (Phone· ~le .. 7G0.r3~~7491) Is. r:equlFEidJo~ the · PfflP~~~cl. Et~lelopeie·~. A sop~• ofihe 'D*SG_~tei~,:~e~it s'fi.~_1r·~e jJ~to~i~e,~' ~-ihe)Jib' Engin'c{~ff)fiOF ,~';j_s~l;Jaflsa·._!:)f':a .. grading p_ori:Rlt Notice ·of Intent: to ·corholv with Califofnia-Gen·era1 · co-nsfrucUoh ·stormwatet,Permlt (Water Quality Ortler.2009~0'009~DWQ_as modified'Seritembei':;2,.2009) is . regulrecf:fcir the:;probosed :development vii,fi:the· Califomla '.Recjlonah.Watef.Quality :ConfrohSoa'ii:J · onllne:·sMARTS ,·system.--A :copy of :u,e :executed ·.1etter 1ssllina .a 'Waste Discharge lderitlficattori CWDID) riuriiber ·s11ail be providea to tne City·Engine·er:prior]oissu·ancef ofa gradfntrpefrmif .. ": ;:::.,:-. - - _,,,.'' _·:, • ·.,-- ·1. ' •. ,.:. •., - - ' _.:•; . ."::· .... . .
44/\. 'f>roJ~6Js ~using ·soil ·disturba11c~ of on~. acre _or ni~te, must :c9~ply Y'it~ either th_e 9enef~I Per~it, .. , fpr ~tQrrnW~t~f_ -Plsq~arges.· Associated "Vit~ :Pon~truc:tiorj:,;f\c_tivity or ·U,e .. ~ene.ra1,: .Penjlit -.ft1r: Stqririw~ter - _ Dlsql)arges As§0ci~ted . with Constru,~tion Ac~vity from. -~IJlall . Li11"etar U~cJetgrpuild/Ovect,~ad_ Projects, and shall, prep~re arid _ implement a storinwater. pi;,Jlqtlon ·. ·preVe,nfion plan.(SWPPf:>)i A·copy of the up-to-date SWPPP shall be kept at the proj~ct:'site and be'.avaifable for·review upon request_. . .
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. .•.. ~ Plannf ng Commission Resolln NQ. 6399
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45. In accordance with City of Palm Springs Municipal Code, Section 8.50.022 (h) &50.025 (s), the applicant shall post with the City a cash bond of two thousand dollars ($2,000.00) per disturbed acre at the time of Issuance of grading permit for mitigation measures for erosion/blowsand relating to this property and development.
46. A qeotechnical/soils report prepared by a California registered Geotechnical Engineer shall be required for and Incorporated as an integral part of the grading plan for the proposed development. A copy of the geotechnical/soils report shall be submitted to the Building Department and to the Engineering Division with the first submittal of a grading plan (if required) or prior to issuance of any permit appro1Jal of the Grading PlaA. 46A. The applicant shall provide all necessary geotechnical/solls inspections and testing in accordance with the Geotechnlcal/Soils Report prepared for the project. All backfill, compaction, and other earthwork shown on the approved grading plan shall be certified by a California registered geotechnical or civil engineer, certifying that all grading was performed in accordance with the Geotechnical/Soils Report prepared for the project. Documentation of all compaction and other soils testing are to be provided. No certificate of occupancy will be issued until the required certification is provided to the City Engineer.
468. The applicant shall provide pad elevation certifications for all building pads In conformance with the_ approved grading plan, to the Engineering Division prior to construction of any building foundation.
47. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and Involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan (If required). The California Department of Food and Agriculture office Is located at 73-710 Fred=Waring Drive, Palm Desert (Phone: 760-776-8208).
DRAINAGE
48. All stormwater runoff across the property shall be accepted and co_,nveyed in a manner acceptable to the City Engineer and released to Palm Springs Master Storm Drain Line 29 through an on-site storm drain system. Stormwater runoff may not be released directly to Storm Drain Line 29 or adjacent streets without first intercepting and treating with approved Best Management Practices (BMP's).
49. Provisions for the interception of nuisance water from entering adjacent public streets from the project site shall be provided through the use of a minor storm drain system that collects and conveys nuisance water to landscape or parkway areas, and in only a stormwater runoff condition, pass runoff directly to the streets through parkway or under sidewalk drains. j.
50. The on-site storm drain system, Including storm drain pipe sizing, catch basin sizing and other specifications for cons~ction of required on-site storm drainage improvements shall be finalized In a Hydrology Report, subject to review and approval by the City Engineer, for this development t5:
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Plannlng CC!mmlssion Resciiutlon No. 6399
Case 5.1056 PD 314 Time Extension .·
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51. §u~rnit-'$torm.drain improvemen·t plans for all on.,site private storm drain improvements for'review ·and Elpproval by the. City ,Engineer~ . . · · · . : :
52. Co11stru._c.t storm dr~inag:e impt~vern.e~ts, including but not limit~d to, catch basins arid storm drain lines';_ for dr~i,nage_ ,of . the development into Storm Drain Line ·.2~; subject _ to . the· review '.~pd _ appr9val by the City of Palm ~pr.ings_ and Riverside County Flo_od .GQiltrol_ District (RCFC). · · · . .
53. The ~ppiic~nt. sha1·1 ·construct:P.alril' $~rings .M~ster Storm Drai~. Line 29;·-r:o~ ½he Ta~q~ti ·.cr~ek -Qutl~t extending up R.andom .• Ro~d · to Mesqu.it~ ~Avenue. The'· applicant . shaiJ coor9inate: ¼1th · ~!~~~id,e PAu.nty F!oo~--Cont~I' Ol~~rfc,t JRCFC) fof.the :q~stgn and installatiqn of~torm~bra.ln);;ine · ~~;:)nqlu~if1Q· as.~oci~~ed c,:~t$~ ··b~sins:ian,d _stofl')l drain' connector pipes,. along bottr-sld.~~--of · R_l;indoiii _ Ro~~ upJo-:the infersectiqrr with Me~quite Av~nue. The ~onstri.ictlon ofStonn' Drain Line 29 s~au be COnlRl~ted. •prior to issuance of a certificate of Qccupahcy, unless other\4/ise. aliowed ~y the City· Engine~r. , · · · · · · · · . " -- . .. . . • ' '' . . . !· - ,_···- -•;:-~ ·</,._t
54. Th~ 'p,roJ.e~t .sliall_•wiD b~J-'egulred to install nj~~sures in .accordaqce· with appflp,~~lei,N~tl,btj~I . 'PpJluUon :oi~cti~tg~. Elifninatl9.n sys,e111-(NPPES) Bes~ ·Management··Prac.tices .(BfVIP'._s)-includ_ed --~s_ ,paq~~of_:tbe ;NJ~b~§ ·Per:mlt. l~~"4~-~ fo_r, t~e: Whi_te~~ter: River ~eQion frQrf!- t~~, .Co!o~p~}~i_yer . ~!!$l!tijegionar;~~t~r'QualiJy::Oorytro1:_B9_ar~ (R.WQCl3).' The ~pplipant i~-~dvisea t_hat;ins{alla-ti{>.~. 'QI· ~wr:.~·1·r1tipluding me:c~_aiii~I ~or :9.!Jler ,n¢aq~ 0-for pre-tr~ating ;·contaminated --~tortn~~t~tJ:1:~_a • 0 non~stotmwatet' n.it19ff, shall.:~I .b_e requlreq ,by· regul~tjons ]mpo~ed-by th~: RWQ(;::!3,: :. lt~ij:~.11 ,J;>e . (If~ :·.-~ppli,~-~!l.t!.s 0~e,$pdnsl~iliiy,-~td·' ·~e.sigri. -~nd: i.rjstalF~~propriate BMF?'~. ~in_' accofdaHc¢_\wil~ :t)Je. _ ~Pij~S ;·Peitn_lt; jtfiat effectively intercept .ijpct pre~treat contaminated stormWElt!er , and non- . :~to~_Wa!~r. runpff JrolTi :lli,~ _proje,t:! i'sit7~ . Pfi~r .to_._rele@~~:~~o :~~-}~ltY'.s · m.urjlqiP,'~.!:~i'par~~e ,; ~f~'tm ·sew~~ syste_m C:~S4"), t~ tbe .. ~atl~!act1on· qf tne _CIJy E~g•n~er.~n.9 ·.the RWq_QJ;}~;§.µqh~~~~S,l,Jf~S ~_h~IJ -~ design~a a~d lnsJalled .pn"'.slte; ancJ _ provi~ioni; fck_'p~rpetual malnt~n~n.ce 'pf tn~_:m~ei~~'r~s 's.~all., ~e .proviq~d. to theii$a~~facij9n · .of ·tfie Clty_,E;ngin~~r,c. li1cl1,.1dlQQ -Arovisfons l_n Cc;,Veti!=lnt~. :Qondl~o"r:1.s~:and Restrictions ·(C_C&R1s) requlred·f~r the·develqpmen:tJlfar\y). · · . _:- ~ .. • ,.' I , _. r • •, ' • ~ • • • ' ~~~i> -~!i --0~-i;1~e•"S,j~ti,; .·9/ain ;Syst~~-s: sH~u be ptivat~-,y ·mc1int~,ln~c;1 ijy '/a HOfTlE!()~~<efrs As~ociati?n .· .. · (1:1()).~l -Proyis,i~ns for: mainte,nance ·:of ~e· o~-sife ~tQrtn di:ai~: ,:syslemit~cq~pta~le ,l9 Jhe, J~I!}' . Eng_ine13rs~aU._'~~:-1nt:lud.ed-i,n ,qovenants~ C,onditions and Re_stricti,ons (CC&R's) requlnad f4?f~I~ P. "o· i"ec"·t. · · Sc•· .. · • • -· ·•· • • I' .' ,~r . . ,· ... -·1~· .. ., -·.;. r 55A. Tliis-_project .wm be req1,1lred: tp Install measures in accordance .with appli~ble Nati.onal Poil1,1tiQJl . · -Di~cfJ~.tQ,~·-E!imina.t!ori Syst~rri~ (NPQ.est$estJAanE1g·~ment' Ptactic;~~:CBMP~s) 1n~1ud~~, as:p~ftQr:.· ... . th~:--~~oes' Pefrnlfi~~'!fad :_f,9r' ttle ·.w~jt~~~l~( ~Ver. Regi~n ·from ~~~_.Cplo~9~{-R!x~r .~B~~jp . . :'3~9tOp~1-yvat7r ·.9.~a_hty ~9ntrp1. Bo~r.~ ';~RYY,99~}; ~-Thet,_ '~pp~1ca,;it·-Is; ad_yt~_~q_ that 19s_tall!;!ti9~,:pt ' . :~~l:31~;--JD~lud1Qg:{118QhEl.l"!IGal or. pth~r:mean~tfor. pr~tre~t,ng'. contam1natecl . s~c;,r.mwater and -non-. · starmwater _n.i'r1c:iff, iv.ill!.' be required_: by .regijl~tloijs· Jmpo~ed 'by thEi. R\NQCS •. JJ -~tiaU · .bef'.JJie·. -~ppll~rit's r~sp_dh$i~iiity_ Jo_ d,i:,sJgrfarid:'frisfci11.,ai>Jiropn~t~rJiMP's; iin _accorda_nc;~· with .thi:f NP•~$ .f?~_fm.it; -th'atiijf,fe-6ti~~1y _111.tercept-' a~a -pre-tr,eat contamlhat~d stormw~ter:. ana non::stormWafer · rµf(off fronfthe proje•cr s{teL prior: to_ release to the ·c1ty's··muriicipa1 separate storm sewer system CMS4n), ·tQ t_he. ~~tisfactlo1::,' gf th,e City ~nglneer and th.~. RWQCja: $uch . m~a_sures ~ shaU be. de~jgneig ~nd l_nsiEIJled oli-$lie;;1and provlsltjns-for·pefpaJual n:ialntenari'ce_ of the m~asures _stlall be' _ prov{.~ed tr:i" th~:;~~ljsracti(iri of th~ ·City Engineer,_ iricl!,Jp,ln,~f provision~ 'in °.Covenarit5-," CQnditiOQS, .:~r:id::f{estrl~~lon·~(OC&R's) requited for thedevelopme_rit(lf-any).
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:; ;•~. # ~ Planning Commission Resolution No. 6399
Case 5.1056 PD 314 Time Extension
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GENERAL
56. Any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development shall be backfilled and repaired .in accordance with City of Palm Springs Standard Drawing No. 115. The developer shall be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of off-site · streets as required by and at tile discretion of the City Engineer, including additional pavement repairs to pavement repairs made by utility companies for utilities Installed for the benefit of the proposed development (i.e. Desert Water Agency, Southern California Edison, Southern California Gas Company, Time Warner, Verizon, etc.). Multiple excavations, trenches, and other street cuts within existing asphalt · concrete pavement of off-site streets required by the proposed development may require complete grinding and asphalt concrete overlay of the affected off-site streets, at_ the discretion of the -City Engineer. The pavement conditi~n of the existing off-site st_reets. shall. b~ returned to a condition equal to or better than existed prior to construction of the proposed development.
56A. On phases or elements of construction following initial site grading (e.g., sewer, storm drain, or other utility work requiring trenching) associated with this project, . the applicant shall be re·sponsible for coordinating the scheduled construction with the Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist. Unless the project site has previously been waived from ai:iy requirements for Tribal monitoring, It is the _applicant's responsibility to notify the Tribal Historic Preservation Officer or the Tribal Archaeologist at (760) 699-6800, for any subsequent phases or elements of construction that might require Tribal monitoring. ff required, it is the responsibility of the applicant to coordinate_ scheduling of Tribal monitors during construction, and to arrange payment of any required fees associated with Tribal monitoring. Tribal monitoring requirements may extend to off-site construction. performed by utility companies on behalf of the applicant.(e.g. utility llne extensions in off-site streets), which shall be the responsibility of the applicant to coordinate and arrange payment of any required fees for the utility companies.
57. All proposed utility lines shall be Installed underground.
58. In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal Code, all existing and •.I. proposed electrical lines of thirty-five thousand volts or less and overhead servlc:e drop co.nductors, and all gas, telephone, television cable service, and similar service wires or fines, which are on-site, abutting, and/or transecting, shall be Installed underground . unless specific restrictions are shown in General Orders 95 and 128 of the California Public Utilities Commission, and service requirements published .by the utilities. A detailed plan approved by the owner{s} of the affected LJtilltles cfepicting all above ground facilities in the area of the project to . be undergrounded, shall be submitted to the Engineering Division prior to approval of any grading plan. The existing overhead utllltles across the . north property line meet the requirement to b~ Installed_ underground. Utility undergroundlng shall extend. to the · nearest off-site po!J¥er pc,le; _,no new power poles shall be installed unless otherwise approved by the City Engineer. A le~er from the owners of the affected utilities shall be submitted to the Engineering Division prior to approval of a grading · plan, Informing the · City that they have been notified of the City's Ll~lity undergroundlng requirement and their intent to commence design of utility undergroundlng plans.
When available, the utility undergrounding plan shall be submitted to the Engineering Division 17 Item 1W - Page 57
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Planning Com'mis1;1ion Res~ln No. 6399
Case 5.;I 056 PD 314 Time Extension (r .
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ideiitifylng all above ground facilities in the are1:1 of the project to be undergrounded. Utility undergrounding shall be shall be completed prior to issuance of'a certificate of occupancy.
59. AH existing utilities shall be shown on the grading/streeJ plans. The existing and proposed service la_terals shall be shown from the main line to the property line. ' ' 60. Upd~ approval_ of any improvement plan by the ·city Er,:igineer, the improvement plan 13ball be pfovicled to_ the City in digital format, consisting _qf a DWG (AutoCAD: 2004· drawing file) aiid DXF (AutoCAD -ASCII drawing exchange file). and PDF ·(Adobe Acrobat· 6.0 or gr~ater) formats.
Varl~tipn of the type ,an~ form.at of the digital data to be submitted to the City may be .authorized, upon 'prior approval of the Cjty Engineer. · -- , . - .- - '
61. Th~ original lmpn;,vement plans prepared for the proposed devl9Iopment and apprqved by the C.ity Engineer shall be documented with recorc:I drawing uas~built" information and retum'ed- to .UJe Eng\neerir,g Division prior to _isi:;tiance of a certific~te of occupancy._ Any.m6difications c;>r c:hangi!s tp apptov~d improvement plans stiall be subm-(tted to ·the -city Er:igineer for approval prior lo construction. · · · _-·_
62. _ Npihln,Q:~li_ali l:>e _cp~structed or planted in the cornei(cut-off-~re~ of ,any lntersecti~n'Or __ drivewa,Y -_,whiclfdoes 'or w!H ·exceed the height required to maintain_ an.appropriate sight distc;ince per City of _Palm Spring~ Zorjing ·code Section 93.92.00, D. . . . . '
63. All proposed trees' within the public right:-of-way an~ ytithin 1 O fe~t of the public; sidewalk and/or :p,µrb shall h~ve City, e1pproved deep root barriers installed · per City of Palm Springs ~tan9_ard Drawing 'No. 904. · - . . . - - . '
63A. _Thi,s.property is subject to the C9achella Valley Mµltiple Species Habitat Qonsery_atlon Plan· Lo_~I -l?~vel!)pment 'M!tlgation fee (CVMSHCP-LDMF). The LDMF s'1all be paid prior to l_ssuance· of -Building Permit. · ·
64.' - A An~I M~p shall be prepared by a California registered land Surveyor' or qu~lifi~d C.!VII E~gineer, · . ahd submitted .to the Engineerii'Jg Division for review arid approval. I',. ·Title Report prep,ared for subdivision guarantee for the,.subject property, the tl"E!verse qJost,1rl3~ for th~ ex!stir:ig ,p_ar,~e!.an,~:~11- tots cre~tecl the~efr<;>m, .and copie~ of record documents shall be submitted with the Finaf·:'Map ;Jo the Eng.I nearing Division as part of the review _of Jne Map. The Final Map ihall be _approved by t~e - City - .<Jpi;fncil' -- . .
prior _, to isi;uance· of bulldlng permits. · - _ . -·_ , · _ .: ' ' -- J35. - A c~py c;,f draft_ Covenants, Cdi:tdi~iolis and Restrjctions (CC&R's} shall be submitted_ to .th~ City -Attorn,ey for ·review_:-and approval for any restrictions related -to the J=ngineering Division's r~_conim~n~aile.ns_. The CC&R's · shall be approved ·by the City Attorney prior to approval of the Final Map. ·
66. Upon ·approval of a final map, the final map· shall he provided to the City in GJ.S~: digital fo~at, consistent with the UGuldelines for G.I.S. Digital Slibmissionn from the' Riverside .. Cql.inty Tran.spprtation and Land Management Agency." {;;1.s. 'digital. Information. sfi~!I con,~i~t_-of the follo~ng data': California Coordinate System, CCSB3 Zone 6 (in U.S. feet); monuments (ASCII · drawing . exchange· file); Jot lines, rights-of-way, and centerlines sfrown as continuous ifnes; full 18 _t.,
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·, ' .. · .., ~).'. o'/ :· Plannfng Commission Res~ln NQ; 6399 Case 5,1056 PD 314 Time Extension
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r'rl~P _annbt~tlon consi~tent with annotation shown on the map; map number; and m_ap file name. ·G:t~. data -format -shall be, -provided on a COROM/DVD containing the followirig: ArcGIS Geodafabase, ArcView Shapefile, Arclnfo C<;>verage or. Exchange file (e00), oyvG· (AutoCAD d~~\ying _file), DGN·(Microstation-drawhig file}, DXF (AutoCAD ASCII drawing ,E!xchanQe file)-an9 PDF (Adobe Acrobat .6.0 or greater} formats. Variations of the type and format. Qr G.I.S. digital ~ata to be submittejj _to the City may be authorized, upon prior approval of the City Engineer.
TRAFFIC
67. T~e applicant 5.hall install traffic calming measure,s as approved by the City Engineer. and the neighbQrt:iood, including but not limited tq, . a11 entrance -statement, monument sign, oi' other ·fe~tures; at the intersection of Mesquite Avenue and Random Road.
68. Relocate and modify the existing traffic signal at the intel'$ection of South Palm._Canyon Driv1iarid · Me-$quite Avenue, ,_,n conjunction with the associated widening :qfSouth Palm cai:iyon Driv~~ · The appllca.nt shall submit traffic signal modification plans prepared by a Califorhia;reglstered Civi.1 . ~rigiQeer or Traffic Engli1eer for review al')d aj:>pr9val by the City.Engineer:• The traffid. signal shall be_. installed and oper1;1tiorial prior to issuance of a C~rtificate of Occupancy, unles·s otheiwis_e • aljowed by the City Engineer. · · · 89 .. _ ip~t,alL~ ·traffj_c ~igh~I ~t the· intersecUpn CJ,f S,Q0th Palm ca:f'lYQO, :Drive, and,, ,the f\1ain Entry.· . The ,~pplil~?ht. sh~II subqiit traffic signal .in_stalh:i_tib~. plans preparea ;by :·a: Califqr11ic1,l1;1gi~t~ted .Qiyil · ··-~tjgi~~_e(or Traffic. Engineer for-revie'l{.and·approval by.tfie· City-Engineer. TheJrijf(lc' sjgnal_ s~all b,e installed -and_ operational prlpr to· issuance ,of a Certificate· of .Occ:upancy, .-u81~~~, '~th~r:Wf$e . allow~d PY the ·c.1ty· E_nglneer. The _applicant shall be·responsible-for 100°/o of t~_~;QQSt. to dejlgi:, and lnst~II the .traffic :~lgnal; however, the applicant's lair share c9st o_f this jmpfQV~ment_-i::;)50°4,.
Ao,y 9th~r, developers fair share costs th~t the City may. receive for this traffic sfgnal ,rnay- be reimbursed to the applicant su.bject to the terms of a refnibtfrserrient agreemerif,:.up to a miiximum of 50% . of the .. -
total
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70. ~ _If Jein,p_lJ_~se~ebt of ~6~t~ associated with traffic m.itlQf-!tiCln_ m~{:!suf es 1s· reque·~t~d)r{,w~ting by tb~ :
l;!PPl{tji:ltit-;, --the applici:iiJt shall -submit_ ·a formal ·re_gu~~i .for priiP?r~tion of a.'.R~Jroburs~ment _ :-Agf~rn€!nt and ·a· $2:~00 ~epol5it fqr· C_ity . staff 'tip,~- ~ssociat~ with the preRa.rc1tiori t,f ,;,_(Jie -Reimburse,inent Agr~ement. ihclu~ling ·-cify A~orriey .. fee~ .. The. ~eplicarit shall lJEf~te~pon~lb_le for payment of all associat~d staff time and·expe,ns~~-ne,c~s~ary In ~f1e ·P,_rep~ration .an~.pro_9essing of the' Reimb~frsement Agreement with :the ·City· Council, and sh'aU-:submit additign,ar.deposits:- asn~ce~sary when· requestea_ by t!Je City, ,Which are includ_ed 1n the amotint that may be r~imb0rsed to t~e :,~pplicant t_hrough the Re_imbyrsem~_nt Agre~ment The Reimbursement _Agreement i~ su_pJ¢c:t tq_the City Council's review and approva1,··and its approvalls not gua(anteed nor implied l?Y this c9qdltion. ' . . - . -
71. l~s~a_ll ttciffic striping and ~lgnage imp~<:>vements at 1h~ intersecti~n of South :R~lm Ca~yon-pfi"v~ ·. ·and Mesquite Avelill(! to p·rovide a ·12- feet wide westlJound left-turn lane, and a ··14 feetwl~e exclusive we~tbound tight-turn lane. Pa,rklng shall be· prohibjt~d alpng Jh_e north side of Me:;;qu,ite Ave114e, west of t~e Mesquit~ Avenue. driveway; Submit tr~fflc striping and signage jJlc1hs to 'the City Engineer for revl~w and . approyai. Reqlilred--trafflc striping and signage improvetrienis shall be completed prior to ·issuance of a certificate of occupancy . . 72. A minimum of 48 inches of clearance shall be provided on public sidewalks for handicap. 19 •·
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Case 5.1056 PD 314 Time Extension May 14, 2014
accessibility. Minimum clearance o_n public sidew~lks shall be provided by either an additional dedication. of a sidewalk easement (if- necessary) and widening of the sidewalk; or by the relocation of any obstructions Wit!lin the public sidewalk along the South Palm Canyon Orive, Mesquite Avenue, and Random Road frontages of the subject property.
73. Alt-.damaged, destroyed, or modified pavement- legends, traffic c:ontrol devices, s1gmr:ig, and striping ·associated ·with the propc;:,sed developm_enJ -shall be replaced as required by -the City Engineer prior to issuance ofa Gertiffoate of Occupancy. - · · 7 4. . Submit_ traffic striping plans for ·Scutt, f>al_m Canyon Drive and Mesquite Aven,ue; prepare_d by a C~,lifo_rriia registered civil engineer, Jcir review and approval by the City Er:igineer. All_ required traffic striping and· slgnage improvements shall be completed in conjunction with required street improvements, to the satisfaction of the City Engineer, and prior to issuance of a certificate of occupancy.
· 75. lnstail a.· ~4-inch stop sign, stQp 'bar, and ;.STOP" legend for traffic exiting the development_ a ttie ~~co.ridary driveway on ,Soµtli Petlrrl CahybttD(ive and the Mesquite Avenue driveway, in . -_ accor.c:tanc~ -with. ·city of Pal~ -Spriii1;is. Standard- Drawing . Nos. 620-625 ·and 0,the- Caliromia·: - Manual :or'{Unlform-:Traffic Control Devices for Streets,and Highways, dated·Jahuafy'. t3/2012i :. : ·or subseciue·nt editions in force at the time· of constroction: ·as ·required by the CipiEnqine'er. . .. ~ -; ' . . '
76. lnstalf.stop controls at ~ri-site street int~rs~ctions, a~ required by the City EJ1gineer. . ~
· 77. A _decorative ~ireet ·11ght shall be provided 'as part ?f the Mesquite Avenue ·and Ranpom Road in,tersection traffic calming program, tcf ·:the satisfaction of the Director of Planning and .. :City E~gineer. The applicant shall be responsible for providing and maint!:!ining electrical service ·to. the d~corative sire.et light. · ·
' ;-(' '
~: .. · ... '
"--78. C~rj~tnJption signing! lighting and b~rricapin,g shall be pro\ll9ed duri/lg all. phases of con~tru~ti,p_n ~s-'reqt.iii'~ by City Standard~;: or as.-dire~ted by the City Engineer. As a minimum, all:~_nstruc~!Ph -· signing, lighting ~nd 'barricading shall be In ·accordance with Pa·rt 6 "Temporary Traffic Coritfq]" ·of the Qalif~mia Manual on llni~oim Trame· Control"Oevices for Streets and Highways, dated January 13, 2012 Sept9rnb~r 26, 2006, or subsequent editions In force at the time of c;onslruction. · - - .::•' . ' ' - . . . '
79. This property is subject to the· -Transportation Uniform Mitigation Fee which shall be paid prior to - - "' .. ' issuance of building permit · - · .
END OF CONDITIONS
Attachment E
Item 1W - Page 60
Item 1W - Page 61
~------ ------~-- -
2019-0380100
09/25/2019 12:42 PM Fee:$ 0.00
Recorded in Official Records
County of Riverside
WHEN RECORDED MAIL TO:
Peter Aldana
i~iiiri~jb\Mii.n:f 11 Ill
Toll Brps., Inc.
2S0 Gibraltar Road
Horshaiµ, PA 19044
Attention: Yolanda Rodriguez, Esq.
(Space above this line is for recorder's use)
THiRD AMENDMENT TO AND
ASSIGNMENT AND-A~SUW"flON OF
SUBDMSJON IMPJtOVEMENT AGREEMEI'ff
THIS THIRD AMENDMENT TO AND -ASSiGNMENT AND ASSUMPTION OF SUBDIVIS~ON IMPROVEMENT- AGREEMENT -("Assignment") .is made this J,J.._ day of ~~ , 2019, _by and among RREF 11-DC Cameron, LLC, a California limited liability corn~(~signor"), Tol_l West_ Inc. Ooing Bi,siness in Califoml!1 as Toll Brothers We$t Inc., a Delaware corporation _(" Assignee"), and -the City of Palm Springs, California, a municipal corporation ("City,,). - - - -RECITALS
A. Assignor and the City entered into that certain Subdivision Improvement Agreem~nt dated April 19, 2016 and recorded on April 26, 2016 as Document No. 2016-0164393 in the Official Records of Riverside County, Califomi~ as amended by-that certain First Amendment to the Subdivision Improvement Agreement dated k,i \ Y , 2018 and recorded on _ 2018 as Document No. ___ in the Officuil Records of ~,iverside Cou~ty. California. and_ that certain Second Amendment to the Subdivision Improvement Agreement dated ,\u\u 'tS • 2019 and recorded on _______ 2019 as Document No. · in the OfficialRecords of Riverside County, California (as amended, _the "Original SIA"), a copy of which is attached he_reto as Exhibit A and fully incorporated herein by this reference, relating to the development of the property described as a subdivi~ion of Tract Map No. '33S7S, as approved by the City and as recorded in Map Book 446, pages 17 through 20 inclusive in the Official Records of ,Riverside County, California (the ''Property"). Initially· capitalized terms used and not otherwise defined herein shall have the meanings set forth in the Original SIA.
_ ~- As set_ forth in the Original .SIA, Assignor, JlS S11bdivider, has agreed to construct and install certain_·improvements to accommodate the d~velopment of Tract Map No. 3357S (the "Works of Improvement") and to offer for dedication to the City, the stre~ts. easements and other improvements and faciliti~ _as i,hown on Tract Map No. 33S7S. Pursuant to S_ection 4.l(a) of the Original SIA, Subdivider has ptovided the City with those certain bonds, a list of which is set forth on Exhibit B attached hereto agd fully fqc.orporated herein by this reference (coll~ctively, the "Existing Security l11struments"),- each as security for the Assigrior;s faithful performance of the Works of Improvement required unde'i· the Original SIA, including without limitation, col_lStruction of the Works of Improvemen~ C. In accordance with -the Original SIA, Subdivider installed a portion of the Works of Improvement (the "Jnstalled Improvements").
I
·--
15 #221
----- ____ " ______ _
i ------ ---·---~
Item 1W - Page 62
DOC #2019-0380100 Page 2 of 9
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D. In accordance with the Agreement for Sale and Purchase of Property _dated January 2S, 2019 as amended {"Purchase Contract") between Assignor, as seller, and Assignee, as buyer, Assignee agreed to p1_1rchasc the Property and replace the Existing Secutjty lnsJn)ments {serving as the "Required Security" provided _by .the Assignor under the Original SIA, as Subdivider) with the Approved Replacement Bonds (as defined below) upon the terms and conditions set forth in the Purch~e -C::ontract.
E. Assignor, as seller, conveyed all right, title and interest in the Property to Assignee, as buyer, by .G~_t Deed. da_ted March 27, 2019 and recorded on March 27, 2019 as Document No. 2019- 0102382 in the Official RecordsofRiverSide County, California.
F: The City has not acc~ptcd dedication of the s~ets, easements and other ·improvements and facilities as shown on Tract Map No. 33S7S by Subdivider as of the conveyance of the ·Property to.
Assignee. Un~l such time as the -~ity does ~pprov~ _and provide final acceptance of dC(fication .of the Works of Improvement by Subdivider, the Subdivider, and its successors and assigns, must maintain the Required Security as set forth in ·the O~igigal SIA,
G. Assignor desires to assign to Assignee, without representation or warranty, all of Assignor's rights, titles, interests, ben~fits, privileges, claims, duties, and obligations (collectively, "Assignor's Interests") pursuant to, contained within and in accordance with the Original SIA, as amended hereby an4, subject to receipt of ~e assurances and other agrc;ements of the City set forth herein, Assignee de~h.'es to assume the Interests iii accordance with the terms of this Assignment.
H. ~Wtor; Assignee and the..City further wis1Lto.J]rm1de the tenns__and conditions by .which A'ssigoee will deliver the Attproyed,J!e_pJacemenlBJmds as sub.Stibtte- Required Security under,tM:
SIA and Assiwor's obligations will l&rclcas.cd.
AGQEEMENT
NOW, THEREFORE, for good and valuable consideration,-ihe receipt ~d sufficiency of which arc acknowledged.-the parties awee as follows.
I. Assignment and Assumption
LI Assignor hereby grants, transfers arid assigns to Assignee all of Assignor's Interests pursuant to, under, and contained ·within the Original SIA, as amegded by thls A~ignment without. recourse, repre$Cntation or warranty.
1.2 Assignee hereby fully accepts the (oregoing assignment and unconditionally assumes and agrc~ to perfonn, in a_ timely m~ner, all. c,f thc :duties ,and obligations of Subdivider arising pursuant to, under ot contained within the Original SIA, as amended by this Assignment (the Original SIA,_as so ~mended, the "SIA"), with the same force and effect as if Assignee .had initially execl,lted tile Original SIA as the Subdivider. Assignee agrees and acknowledges that, upon execution of this Assignment, Assignee shall become the Subdivider U!lder the SIA~ 2·. Exoneration and Replacement of Existing Security-Instruments. The City hereby agrees. that upon delivery by Assignee to Cjty of duly executed bonds in. form and substance approved _by the ·city as being in compliance with the SIA and fully executed by Western Surety Company and Assigne~ as described in Exhibit C which is attached hereto and fully incorporated herein by this reference (the "Apprpvecf Replacc111ent Bonds"), City shall return the a,tisting Security Interests to Assignor.
Notwithstanding the' foregoing, City agrees that, upon request from Assignor, it ·shall execute and deliver 16 ----------------------------------- --------- ----~---- -- -~-- ---- --- - ----- -- Item 1W - Page 63
DOC #2019-0380100 Page 3 of 9
------------~-------~~------------· ---- ------- ·-· -- --- ---~--' a separate letter stating th~t Assignor and the applicable bonding companies and/or sureties with respect .to the Existing Security Instruments are released and exonerated from any and all liability with respect to the Original SIA and the Existing Security Instruments, which letter shall enclose and release the otjginals of each.of the Existirig Security Instruments.
3 .. Release.
3.1 Upon delivery by Assignee to the: City of the Approved Repiacement Bonds (the ~Assignment Effective Date"). this Assignment shall constitute the City's release and exoneration of Assignor, ·and their applicable bonding companies aQQlor:- sureties with respccr·to the Existing Security Instruments and from ·any and ali liabiiity with respect to the Original SIA and the Existing Security Instruments. After execution of.this Assignment by all parties and delivery by Assignee to the City of the Approved Replacement Bonds, Assignor -shall have no obligation to Assignee or to the City and shall have no 'liability of any nature under the SIA. · ·
3.2: In this regard, Assignee and City, each for· itself and for th•eir respective members, agents. employees. predecessors, successors, assigns. agents, .and all other persons or entities who may claim through it, dqe~ hereby · release and fo,:evet discharge Assignor and its _respective members, managers,. officers, shareholders, partners, directors, employees, agents, lenders, attorneys. successors, assigns. and related _and/or affiliated parties, from any and all manner of _action, suit, U~m, damage, ·expen~ (including attorneys' fees), claim or demand of whatever nature heretofore or he~fter lltising out of, related to, connected with the SIA.
3.3 In connection with the general .release set forth herein, each of Assignee and City specifically waives the provisions of California Civil Code Section 1542, which provides as follows:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH
THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN
HIS OR HER FAVOR AT THE TIME OF EX:ECUTiNG THE
RELEASE, WHICH IF KNOWN BY .HIM OR HER MUST HA VE
MATERIALLY AFFECTED HIS OR HER 'SETTLEMENT WITH THE
DEBTOR."
Each of Assignee and City knowingly an_d voluntarily waiv,es the provision!,; of Civi_l Code Section 1542 and any other comparable provisions or principles of state, federal or common law and acknowledges and agrees that this waiver is.an essential and material ·tenn of this Assignment and the release provision!:i contained herein and that, without such waiver, this. Assignment would 11ot have· ~een entered into. Each of Assignee and City understands and acknowledges the significance and consequences of the release set forth herein and. this specific waiver _of Civf I Code Section I 542 and all other comparable provisions or princip s state~ federal law or common ·
4. Effect of Assignment and Assumption. From and after the Assignment Effective Date, the City and· Assignee agree that (a) Assignee shall be deemed a party to the "Original SIA and any reference therein to "Subdivid~r" shall be deemed to refer to J\ssignee; and (b) Assignee s~II b" entitled to exercise and enforce the Original SIA as the Subdivider as if Assignee had been a _signatory to the Original SIA or a beneficiary thereunder as of the date of its original execution.
5. INTENTIONALL V DELETED
3 17
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DOC #2019-0380100 Page 4 of 9
I - -- = .--.,, ":: •-- ·-- ~-~------.-----·--·-····-··· . ------------------
6. Effect of Assignment on lntemretation of SIA.
6.1 lntea,retation of SIA. The City and Assignee hereby acknowledge and agree that, from and after th~ J\ssignment Effective Date, certain rights, duties and obligaiions uoder tbe SIA shall be interpreted as follows:
6.1.IAssignee !:ihall be responsible only for the accuracy and satisfaction of those obligations, representatfons and warranties of the Subdivider arising from and af'ter the Assignm~nt Effcctiye Date; and
6.1.2City acknowledges that (a) Assignee is entering: into this Assignment in reliance upon the agreements of City contained in Section S of this Assignment to waive defaults and extend the. time period for perfonnance by Assignee, and (b) City hereby waives and hereafter shall be estopped from pursuing any rights or remedies against Su_bdivider (as tha~ teon is used prior to; on _and after _the Assignment Effective Date) .in connection with any alleged breach of the SIA prior to the Assignment Effective Da.te.
6. I .3Notices, Demands and Communications to Subdivider from and after the Assigni:nent Effective Date shall go to Assignee as indicated belQw:
Toll, West Inc. doing business in California as Toll Brothers West Inc. 8767 E. Via de Ventura, #390
Scottsdale, AZ 8S2S8
Attention: Kevin Oue_nnit
Phone: (602) S49-5822
Email: [email protected]
With a copy to:
Toll Bros., Inc.
250 Gibraltar Road
Hor&ham·, PA 19044
Attention: Mark Warshauer,. Esq.
Phone: (215) 938-8260
E-mail: [email protected]
6.1 ATenns: No ~Other Changes. Unless otlierwise expressly indicated herein, all references in Original SIA and in this Assignment to ·"this Agreement" or the "SIA" shall mean and refer: to the Original SIA as modified by this Assignment and other than ihe amendments and changes herein, all provisions .of the Original SIA remain unmodified and in full force and effect. In the event of any conflict or inconsistency between the terms of the Original SIA arid this Assignment, the tennsofthis Assignmentsball control,
7. Miscellan·eous Provisions.
7. I Entire .Agreement l'h_is Assignment, ,togeth!'r with. the Original SIA., constitutes the entire a~ement between the parties in regards-to the subject matter contained herein. 4 18 r-·-------------------------'-------~----------'-~- ' '--------·- •---T-•-- ---- -- .. ---------~----- --------- ---··-- ' - --~ -----~~ ' Item 1W - Page 65
DOC #2019-0380100 Page 5 of 9
____ _,, ________________ -- - ----------- -· .. - ·····-·------ l 1----~----
7.2 Recitals. The Recitals above are incorporated herein by reference.
7.3 Governing Law. This Assignment shall be governed by, igierpre~d un~er, and constriled and enforceable in accordance with the laws of the State of California.
7.4 lntea,retation. All of the parties hereto have been represented by legal coun_sel of their choice arc not relying on any statement of the other party in entering herein. Each party has cooperated and participated in the drafting and .the preparation of this Assignment. Hence, in any construction to _be rna~e of this Assignment, no ambiguity shall be. _resolved again~t any·party by virtu~ of that party's participation in the drafting-of this Assignment. · -
7.5 Severabjlity. If any provision, section, paragraph, claµse or sentence in. this Assignment is declared to be illegal, void, invalid, or unenforceable by a court or other authority with jurisdiction thereof, the remaining provisions, paragraphs, clauses, and sente_nces shall ® severable and shall remain in full force and ·effect. ·The parties agree that a void or invalid paragraph, clause or provision shall not affect the validity.or enforceability of the remaining provisions of this Assignment.
7.6 Counter.parts. This Assignment may be executed simultaneously in counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument.
7.7 Survjval, All representations, warranties, covenants and agreements made by the parties heret1nder shall be considered io have been relied upon by the parties and shall survi\ie the execution, delivery an<I perfonnance of this Assignment and all other documents contemplated herein.
7.8 Successors and Assigns~ This Assignment shall be binding upon and inure to the benefit of the successors, assignees, personal representatives, heirs and legatees of Assignor and the City and shall be binding upon and inure to the. benefit. of all successors and assigns to Assign~•s right, title and interest in ancl to .the Property. '
s
19 ' -------- ------··-------· ----------------- - -- - - ' Item 1W - Page 66
DOC #2019-0380100 Page 6 of 9
---~---------- --- ... - ------------~----------------
7 .9 Amendment.
7 .9 .1 Any amendment to Section 1 of this Assignment shall not be binding unless in .writing and executed by Assignor and Assignee but shall not require execution by the City.
1.<)._i Any amendment to Sections 4, S and/o~ 6 of this Assignment shall be effective if executed by the City and Assignee, as Subdivider .under the SIA, or any subsequent $ubdivider, b!lt shall not req~ire execution by Assignor.
7.9.3 Any amendment to Sections 2, 3 and/or Section 6 of this Assignment shall require execution of ( 1) Assignor, (2) Assignee, as Subdivider under the SIA, or any subsequent Subdivider, and (3) the City.
7.10 Additional Documents. Each of the partie~ shall eac~ execute l!D_d deliver to the other parties, upon demand, such further documen~. and shail take such further actions as.are necessary or desirable to effectuate the intent and purposes of this Assignment. , 7 .11 Authority. The persons signing 'below represent that they have the autho_rity to bind their respective party, and that all necessary board of directors', shareholders', partners', agency's or other approvals have ~en obtained.
Signatures on followi11g pages
6 20
---------- -------------- --- -- - ------------ -~---- ----------- Item 1W - Page 67
DOC #2019-0380100 Page 7 of 9
IN WITNESS WHEREOF, Assignor and Assignee have executed this Assignment as of the day and year first written above.
"ASSIGNOR" RREF II-DC CAMERON, LLC,
a California limited ility company
By:
Name :-A-~""-k~J,,..l-'¥-=J.,;'-,-y--ccc..----c=-,---.----- Title :....:,_l-"'I.-I-J-l!..,._.-""-.!£1-___,,._~4L'=--J~-=i---- A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of t-flO ~ I
County of [Ml! @A f0 tS"'C P1 ~ 'f f l.1 e, t.. l e._
On 0-UVlf ✓ Jo Jo\ °I before me,_~~.---':T,~--ft;-;-ij-~-:-r-?'Tiiv~~ere insert name and title of officer), personally appeared--\.,4.J.L----=--t-.....u.~~-fL~~,JU,,t.,t;;i'l--------l...21.!q...JI~ , ' who proved to me on the basis of satisfactory o be the person(s) whose ame( is/are subscribed~ the within instrument and acknowledged to ~that'r&/she/they executed the same in Q9.lher/their authorized capacity(ies), and that by hi 1/herkleir signature(s) on the instrument the person(s), or the entity upon behalf of which he person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of ~O~_ that the foregoing paragraph is true and correct
,••,~~v.~~'ti;;,, ERIKA D. LEVY (f'A-''{,;, MY COMMISSION# GG 207976 ~~- .:if EXPIRES: May 14, 2022 ',,-,;. · ·. -,,.. · It ·•,fo·,;•'-?,,•· Bonded Thru Notary erwr ers ,,,. '''' [Signature Continues on Following Page]
7 Item 1W - Page 68
'
DOC #2019-0380100 Page 8 of 9
.... -------------------~ ......... ------
"ASSIGNEE" TOLL WEST· INC. WHJCH WILL DO BUSINESS IN
CALIFORNIA AS.TOLL BROTHERS WEST INC.,
a Delaware co ration
By:
A notary public or other officer completing this
certificate verifies orily the identity of the
individual who signed the documenlto which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of [ u1YLW111 l
•
Countyof[h1t?Jt.!C'tf2A ] /JoT;P./l.Y Pu~c..i(l...
On , Ju.ne, 24 2-D I '1 before me, C-Dlll2-l J.JE, "Su2an ne. ~A (here insert name and title of officer), personally appeared )<'.W1N 'b. l)~f t ~ ft<Qs • who proved to me on the basis of satisfactory evidence to be the pcrson(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shctAhe-y executed the same in his/hc&itbeir ~uthorized capacity(ies),_ and that by his/hea;l-d:lc:ir signature(s) on the instrument the person(s1 or the en~ity upon behalf of which_ ~e pcrson(s) acted, executed tile instrument.
.Ari~
I certify under PENAL TY OF PERJURY under the laws of the State of California that the fo~going paragraph is true and correct
·w1TNESS my hand and official -seal. ..
Signature ~~ Jinu.3~ ~c & 0 (Seal)
CORRINE SUZANNE GARCIA
Notary Public -Arizona
Maricopa County
My Comm. Expires Mar 18, 2020
22 --- ------ ------.-- ---- ·---- ----- -~- ~---- -----·-~----- ------------ _,_~~-- ------~- ----- --------· ' Item 1W - Page 69
DOC #2019-0380100 Page 9 of 9
- •-----------
CITY OF PALM SPRINGS, CALIFORNIA
a ~icioal corporation ~
By: ~ ½:::~:7~=~~~""2...~~ ..--;.a-.
N~me: D Pr_\/ I J> ADY
Title: C...(-ry M,4.fJ,4G,£~.
APPROVED AS TO FORM:
BYQ;n3,;~
City Attorney
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
APPROVED av crrv COUNCIL
~}7~0, ~,
accuracy, or v~f that document.
State of.._( ______ _,
County of [ .... _____ __.
On, __________ before me,,_--""';::-----------------<here insert name and title of officer), personally appeare ~-------------• who proved to me on the basis of satisfactory evide e to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledge o me that he/she/they executed the same in his/her/their authorized capacity(ies), and that his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State o foregoing paragraph is true and correct
WITNESS my hand and official seal.
Signature _____________ _ (Seal)
23 ---~ --· ·····.. . ~
Attachment F
Item 1W - Page 70
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AUTHORIZING
ACCEPTANCE OF THE SUBDIVISION IMPROVEMENTS
ASSOCIATED WITH TRACT MAP 33575 AND
AUTHORIZING RELEASE OF SECURITIES REQUIRED BY
THE SUBDIVISION IMPROVEMENT AGREEMENT WITH
TOLL WEST INC., A DELAWARE CORPORATION, (A6730),
FOR PROPERTY LOCATED AT THE NORTHEAST
CORNER OF SOUTH PALM CANYON DRIVE AND
MESQUITE AVENUE, IN SECTION 23, TOWNSHIP 4
SOUTH, RANGE 4 EAST.
WHEREAS, the Planning Commission of the City of Palm Springs, at its meeting of October 12, 2005 recommended approval of Tentative Tract Map 33575, subject to conditions; and
WHEREAS, the City Council of the City of Palm Springs, (hereinafter the “City”), at its meeting of July 12, 2006, approved Tentative Tract Map 33575 subject to conditions; and
WHEREAS, the City, at its meeting of July 15, 2015, adopted Resolution No. 23862, approving Tract Map 33575 and a related Subdivision Improvement Agreement, (Agreement No. 6730), with RREF II-DC Cameron, LLC, a California limited liability company, (hereinafter the “Former Developer”), in accordance with Section 66462 of the California Government Code; and
WHEREAS, in accordance with Section 4.1 of the Subdivision Improvement Agreement, the Former Developer was required to submit subdivision improvement securities in the amount of $9,009,500 to guarantee construction of certain public improvements required for and associated with Tract Map 33575, (the “Works of Improvement”); and
WHEREAS, the Former Developer filed with the City Clerk a performance bond in the amount of $6,000,000, labor and materials (payment) bond in the amount totaling $3,000,000, and a monumentation bond in the amount of $9,500 in accordance with the Subdivision Improvement Agreement; and
WHEREAS, the City, at its meeting of April 4, 2018, approved the first amendment to the Subdivision Improvement Agreement, extending the term of completion by one year to April 19, 2019 with the condition of certain improvements (“Works of Improvement”) to be completed by September 1, 2018; and
WHEREAS, the City, at its meeting of March 20, 2019, approved the second amendment to the Subdivision Improvement Agreement, extending the term of completion by one year to April 19, 2020 with the condition that the Former Developer close escrow and convey Tract Map 33575 to Toll West Inc., a Delaware corporation Item 1W - Page 71
Resolution No. _____
(Developer), on or before April 5, 2019; and
WHEREAS, the Former Developer had completed portions of the Works of Improvement, and the Developer had requested that the City Council authorize a reduction in the subdivision improvement securities and to allow the Developer to post new subdivision improvement securities to reflect its progress with completing a portion of the Works of Improvement; and
WHEREAS, the City, at its meeting of June 19, 2019, adopted Resolution No. 24628, approving the third amendment to the Subdivision Improvement Agreement, reducing the subdivision improvement security amounts required for the agreement; and WHEREAS, in accordance with the Subdivision Improvement Agreement the Developer has filed with the City Clerk a performance (payment) bond in the amount of $3,500,000.00, a labor and materials (payment) bond in the amount of $3,500,000.00, and a Monumentation (payment) bond in the amount of $15,000.00, and a Maintenance and Warranty (payment) bond in the amount of $800,000.00 has been received by the Engineering Services Department; and
WHEREAS, the Developer has completed construction of the Works of Improvement, and has requested that the City accept the Works of Improvement in accordance with Section 1.14 of the Subdivision Improvement Agreement; and WHEREAS, in accordance with Section 4.5 of the Subdivision Improvement Agreement, the Developer has requested that the City release the subdivision improvement securities filed with the City Clerk to guarantee construction of the Works of Improvement; and
WHEREAS, the City Engineer has examined the Works of Improvement, and has found them to be constructed and completed in accordance with the Subdivision Improvement Agreement, and the associated plans and specifications; and WHEREAS, the City Engineer recommends that the City Council accept the Works of Improvement, and authorize the City Clerk to release the subdivision improvement securities filed with the City Clerk to guarantee construction of the Works of Improvement, with the exception of the maintenance and warranty security required by Section 4(b) of Subdivision Improvement Agreement.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the foregoing Recitals are true and correct and are incorporated herein by this reference.
SECTION 2. The City Council hereby finds and determines that the Works of Improvement have been completed in accordance with the relevant provisions of the Subdivision Improvement Agreement and the approved plans and specifications, and the Item 1W - Page 72
Resolution No. _____
City Council hereby accepts the completed Works of Improvements.
SECTION 3. The City Council’s acceptance of the Works of Improvement effectuated by this resolution shall not in any way supersede or relieve Toll West Inc., a Delaware corporation, or its successors and assigns, of any other obligations required by the Subdivision Improvement Agreement or the conditions of approval associated with Tentative Tract Map 33575.
SECTION 4. The City Council’s acceptance of the Works of Improvement effectuated by this resolution shall not in any way impose an obligation on the City of Palm Springs to maintain those improvements that are required to be privately maintained by a Homeowners Association through Covenants, Conditions and Restrictions (CC&R’s), including the private streets associated with Tract Map 33575.
SECTION 5. In accordance with Section 4.5(a) of the Subdivision Improvement Agreement, the City Clerk is hereby authorized to release the following Security Instruments previously filed with the City Clerk to guarantee construction of the Works of Improvement:
Faithful Performance Bond No. 30077098; $3,500,000.00 Labor and Materials Bond No. 30077098; $3,500,000.00
Monumentation Bond No. 3007799; $15,000.00
SECTION 6. In accordance with Section 4.5(b) of the Subdivision Improvement Agreement, the City Clerk is hereby authorized to release all Bonds for the project, excluding the Maintenance and Warranty Bond which will be held as security for a period of one year following the City Engineer’s acceptance of the Works of Improvement, and there being no claims regarding defective work associated with the Works of Improvement having been filed with the City Engineer.
SECTION 7. The sole intention of this Resolution is to carry out Sections 1.14 and
4.5 of Agreement No. 6730 approved on April 19, 2016. Neither the City nor the City Council admits or acknowledges, by adoption of this Resolution or otherwise, that Agreement No. 6730 and/or the final map approved on July 15, 2015, is/are not void ab initio by operation of law under Government Code sections 1090. Accordingly, the City reserves all rights and remedies to which it is entitled with respect to Agreement No. 6730 and/or the final map approval, under State and Federal law, in advance of this Resolution’s adoption.
SECTION 8. The City Clerk, following adoption of this resolution, shall file with the Riverside County Recorder, the Acceptance of the Works of Improvement Certificate attached hereto.
ADOPTED THIS ___TH DAY OF ________________, _________.
Item 1W - Page 73
Resolution No. _____
SCOTT C. STILES
CITY MANAGER, CITY OF PALM SPRINGS
ATTEST:
BRENDA PREE
CITY CLERK, CITY OF PALM SPRINGS
Item 1W - Page 74
Resolution No. _____
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, Brenda Pree, City Clerk of the City of Palm Springs, hereby certify that Resolution No. ________ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on July 25, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.
BRENDA PREE
CITY CLERK, CITY OF PALM SPRINGS
Item 1W - Page 75
Acceptance of the Works of Improvement Certificate follows this page.
Item 1W - Page 76
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City Clerk
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
SPACE ABOVE THIS LINE FOR RECORDER’S USE
Exempt from recording fees under Government Code §6103
Acceptance of the Works of Improvement Certificate
Tract Map 33575
Subdivision Improvement Agreement (A6730)
The undersigned, City of Palm Springs, a California charter city and municipal corporation, (hereafter the “City”), hereby confirms that on July 25, 2024, the City Council of the City accepted the Works of Improvement associated with Tract Map 33575 to be constructed by or on behalf of Toll West Inc., a Delaware corporation, and/or its successors and assigns, (collectively, hereafter the “Developer”), pursuant to that certain Subdivision Improvement Agreement (A6730) by and between the City and the former developer, RREF II-DC Cameron, LLC, a California limited liability company, recorded on April 26, 2016, as Document No. 2016-0164393, records of Riverside County Recorder, (hereafter the “Agreement”), assigned to and assumed by the Developer as part of the third amendment to the Agreement per document recorded on September 25, 2019, as Document No. 2019-0380100, records of Riverside County Recorder. The City hereby releases the Developer from its performance obligations to construct the Works of Improvement as set forth in the Agreement, and hereby releases the Security Instruments filed with the City Clerk pursuant to and in accordance with the Agreement. This Acceptance Certificate is applicable to those Works of Improvement associated with Tract Map 33575, identified as that certain real property more particularly described in Exhibit “A” attached hereto.
[SIGNATURES ON NEXT PAGE]
Item 1W - Page 77
City of Palm Springs, a California charter
city and municipal corporation
Dated: ______________________
Scott C. Stiles, City Manager
Attest: Approved as to form:
Brenda Pree, City Clerk City Attorney
Item 1W - Page 78
EXHIBIT “A”
Tract Map No. 33575 filed in the office of the County Recorder, County of Riverside, State of California, on July 23, 2015, in Book 446 of Maps at Pages 17 through 20.
Item 1W - Page 79
CITY COUNCIL STAFF REPORT
DATE: JULY 25, 2024 CONSENT CALENDAR
SUBJECT: ACCEPT A GRANT AWARD FROM THE CALIFORNIA PUBLIC UTILITIES COMMISSION IN THE AMOUNT OF $56,196
FROM: Scott C. Stiles, City Manager
BY: Information Technology Department
SUMMARY:
This action will accept a grant award from the California Public Utilities Commission.
RECOMMENDATION:
1) Accept a grant award from the California Public Utilities Commission in the amount of $56,196 (Attachment A).
BUSINESS PRINCIPAL DISCLOSURE:
Not applicable.
BACKGROUND:
The James O. Jessie Desert Highland Unity Center (Center) located at 480 W. Tramview Road currently features a variety of multi-use recreational spaces including a gymnasium, meeting rooms, classroom, library/computer lab, kitchen, and areas that can be utilized for community events, workshops, seminars, and social gatherings. The Center currently offers several computers with free internet access for the community and has Wi-Fi access in a limited geographic footprint but lacks any Wi-Fi connection when located in the gymnasium building or surrounding offices or meeting rooms. The addition of full-site Wi-Fi access and additional computer stations would significantly improve the efficiency of operations and provide better technology resources to its day-to-day users.
STAFF ANALYSIS:
Staff worked with the City’s grant consultant, Townsend Public Affairs, to identify opportunities to create a public Internet facility at James O. Jessie Desert Highland Unity Item 1X - Page 1
City Council Staff Report
July 25, 2024-- Page 2
Accept Grant Award from the California Public Utilities Commission Center and identified the California Advanced Services Fund (CASF) Broadband Adoption Grant. The CASF grant is designed to is to increase publicly available or afterschool internet access.
For this initiative, staff designed a site-specific layout that would create a new environment to provide spaces for patrons to easily access the Internet free of charge.
The layout includes eight (8) terminals in the main building and an additional eight (8) computer stations in the second building. The project encompasses the procurement of furniture, wireless connectivity, and funding for workstations. This new configuration will also improve the Wi-Fi connectivity at the facility. Under this agenda item, staff recommends Council’s acceptance of grant funds in the amount of $56,196.
ENVIRONMENTAL ASSESSMENT:
The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The requested action is to approve contracts for the above-mentioned services, and is exempt from CEQA pursuant to Section 15378(b), in that a “Project” does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
ALIGNMENT WITH STRATEGIC PLANNING:
The requested action aligns with the City Council Priority 3A ‐ Improve City Facilities.
FISCAL IMPACT:
California Advanced Services Fund (CASF) Broadband Adoption Grant program will reimburse the City of Palm Springs for all approved grant related expenses, not to exceed $56,196.
REVIEWED BY:
Department Director: Larry Klingaman
Deputy City Manager: Jeremy Hammond
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles
ATTACHMENTS:
A. Grant Award
Item 1X - Page 2
ATTACHMENT A
Item 1X - Page 3
May 7, 2024
Larry Klingaman
[email protected]
City of Palm Springs
3200 E Tahquitz Canyon Way
Palm Springs, CA 92262
SUBJECT: CASF ADOPTION ACCOUNT GRANT AWARD FOR BROADBAND ACCESS This letter serves to inform you that the California Public Utilities Commission (CPUC) Communications Division (CD) approves California Advanced Services Fund (CASF) Broadband Adoption Account (Adoption Account) grant funding to City of Palm Springs (Grantee).
In your application, you requested $56,196. The CPUC has approved your CASF grant application for funding of up to $56,196 for the City of Palm Springs Jesse O. James Desert Unity Center Broadband Access Project project (award sequence 107).
Budget: Grant funding is approved for this project as described below. 1 This includes items and activities listed in the grantees’ application and eligible for reimbursement per Decision (D.) 22-05-029, Broadband Adoption Account Guidelines. (See website here - https://www.cpuc.ca.gov/industries-and-topics/internet-and-phone/california-advanced-services-fund/casfadoption-account).
CASF Broadband Adoption Grant Funding
Category Approved Grant
In-Classroom Computing Devices $10,500
Hotspots $0
General Program Implementation1 $45,696
Total Grant Award $56,196
Funding per participant (exclusive of in-person and takehome computer or hot spot funding, if applicable)$6.40 Item 1X - Page 4
PUBLIC UTILITIES COMMISSION
STATE OF CALIFORNIA
505 VAN NESS AVENUE I SAN FRANCISCO, CALIFORNIA 94102
300 CAPITOL MALL I SACRAMENTO, CALIFORNIA 95814
Requirements
The grant award is predicated on City of Palm Springs’s commitment to provide adoption services as expressed in its application and consistent with the Ministerial Review criteria that City of Palm Springs agreed and/or attested to in its application which includes meeting all milestones and goals for each project(s) as well as fulfilling the requirements per D.22-05-029.
Key requirements include, among others:
• Grantee will provide free broadband access as described in its application. • Grantee has identified a designated space for broadband access or provided detailed information on how such a space will be obtained.
• Grantee has at least one year’s experience conducting broadband access projects or has completed at least one broadband access project.
• Grantee must provide technical support, either by phone or in person, within 24 hours. • Grantee agrees that reimbursement for computing devices used in community training rooms or other public space is capped at $11,250 and limited to $750 per device. • Grantee must make broadband access available within six months of submitting a consent form accepting the CASF grant.
• Grantee agrees that the project costs $42 per participant or less. • Grantee must complete the project within a 24-month timeframe or earlier.
City of Palm Springs must provide broadband access to 7,140 participants and aspires to subscribe 0 participants to broadband internet services.
Reporting
The grant award is also contingent upon fulfilling the reporting requirements per D.22-05-029, Appendix 2. These reports include a Ramp-up period report (if applicable), a Year 1 Progress Report and a Year 2 Completion Report. Ramp-up reports must be submitted no later than 3 months after completion of ramp-up activities. Year 1 Progress Report and Year 2 Completion Report must be submitted within 3 months after the end of the first year of deployment and no later than 3 months after completion of the project, respectively. If applicable, City of Palm Springs must fulfill the monthly reporting requirements set forth in Public Utilities Code, § 281(l)(1) if it is using a licensed contractor or subcontractor to undertake a contract or subcontract in excess of twenty-five thousand dollars ($25,000) to perform work on the project funded or financed by CASF. Reporting templates are available in the Administrative Manual posted on the Adoption Account website.
City of Palm Springs must maintain files, invoices, and other related documentation for three years after final payment. City of Palm Springs shall make these records available to the Item 1X - Page 5
CALIFORNIA PUBLIC UTILITIES COMMISSION
CPUC upon request and agree that these records are subject to audit and review by the CPUC at any time within three years after City of Palm Springs has incurred the expense being audited to ensure that CASF funds are spent in accordance with the terms of approval the CPUC grants.
Payment
All reimbursements are contingent upon the City of Palm Springs fulfilling its obligation to provide digital literacy training as described in its application. City of Palm Springs may submit up to three payment requests throughout the project period. Payment requests may accompany the Ramp-up or Year 1 reports or be submitted separately; Year 2 Completion Report must be submitted with a final payment request. Payment will be based upon receipt and approval of invoices and other supporting documents showing that expenditures incurred for the project are in accordance with their approved application and budget. Ramp-up period payment requests may not exceed 25% of grant amount and no more than 90% of the grant amount will be reimbursed before the completion report and final payment request.
Completion Reports must be submitted no later than three months post project completion.
Payment request templates are available in the Administrative Manual posted on the Adoption Account website.
Execution and Performance
City of Palm Springs must begin the project within six months after submitting a consent form accepting the terms stated in the award letter and must complete the project within 24-months. City of Palm Springs must complete all performance under the award on or before the termination date of the award.
By receiving a CASF grant, City of Palm Springs agrees to comply with the terms, conditions, and requirements of the grant award and submit to the jurisdiction of the CPUC regarding disbursement and administration of the grant and the CPUC’s enforcement authority under Pub. Util. Code, §§ 2108 and 2111. City of Palm Springs must notify the Director of Communications Division as soon as it becomes aware that it may not be able to meet project deadlines. The CPUC may withhold, reduce or terminate grant payments if City of Palm Springs does not comply with any of the requirements set forth in its application and compliance with the CASF. In the event City of Palm Springs fails to complete the project in accordance with the terms of the approval granted by the CPUC as set forth in D. 22-05-029 and this award letter, City of Palm Springs must reimburse some or all the CASF funds it has received.
Item 1X - Page 6
CALIFORNIA PUBLIC UTILITIES COMMISSION
City of Palm Springs must notify CD within 30 days regarding modifications to budget line items or milestone/activity timelines set forth in D.22-05-029, Appendix 2, Section XV. City of Palm Springs must also report any material changes in the entries for the application, by letter to the California Public Utilities Commission, Director of the Communications Division, 505 Van Ness Avenue, San Francisco, CA 94102 and [email protected].
Award Acceptance
City of Palm Springs must sign the Consent Form (Attachment 1) and the Payee Record Form (Attachment 2) and email both within 30 days from the date of this award letter to [email protected]. If City of Palm Springs does not submit the Consent Form within 30 calendar days from the date of the award, the CPUC will deem the Grant or award to be null and void.
If you have any questions, please contact [email protected].
Sincerely,
/s/ Maria Ellis
Maria Ellis, Deputy Director
Communications Division
Item 1X - Page 7
CALIFORNIA PUBLIC UTILITIES COMMISSION
ATTACHMENT 1
Consent Form and Acknowledgement and Acceptance of the
California Advanced Services Fund Broadband Adoption Grant Award Name of Grantee: _______________________________________________ Grantee identified above hereby acknowledges receipt of the letter approving the California Advanced Services Fund Broadband Adoption Grant for the City of Palm Springs Jesse O. James Desert Unity Center Broadband Access Project project (award sequence 107).
The grantee agrees to comply with all grant terms, conditions, and requirements set forth in the letter dated May 7, 2024, as well as all CASF rules, including those in the Broadband Adoption Account Requirements, Guidelines and Application Materials. Grantee also agrees to fulfill the goals it identified in the application and agrees that all payment requests will be subject to meeting those goals.
Undersigned representative of ____________________________________ [Name of Grantee] is duly authorized to execute this Agreement Form on behalf of the Grantee and to bind the Grantee to the terms, conditions, and requirements set forth by the California Public Utilities Commission in the letter referenced above.
Dated this _____ day of __________, 20___.
Signature _______________________
Printed Name_______________________
Title _______________________________
Organization or Name of Company ______________________________
Business Address (include street address, suite/apt. number, city, state, and ZIP Code) ______________________________________________________________________________ Item 1X - Page 8
CALIFORNIA PUBLIC UTILITIES COMMISSION
•
ATTACHMENT 2
Payee Record Form
Item 1X - Page 9
CALIFORNIA PUBLIC UTILITIES COMMISSION
CITY COUNCIL STAFF REPORT
DATE: JULY 25, 2024 CONSENT CALENDAR
SUBJECT: APPROVAL OF A RESOLUTION AUTHORIZING THE ACCEPTANCE OF
A SUSTAINABLE TRANSPORTATION PLANNING GRANT FROM THE
CALIFORNIA DEPARTMENT OF TRANSPORTATION
FROM: Scott C. Stiles, City Manager
BY: Office of Sustainability
SUMMARY:
Approval of this item will authorize the City to accept a conditional grant award from the California Department of Transportation’s (Caltrans) Sustainable Transportation Grant Program in the amount of $400,000 to develop a “Comprehensive Shade and Heat Mitigation Plan for Multi-Modal Transportation.”
RECOMMENDATION
1) Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE ACCEPTANCE
OF A SUSTAINABLE TRANSPORTATION PLANNING GRANT FROM THE
CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR A
COMPREHENSIVE SHADE AND HEAT MITIGATION PLAN FOR MULTI-MODAL TRANSPORTATION.”
2) Authorize the City Manager to execute all necessary documents.
BACKGROUND
In January 2024, the Office of Sustainability applied for the California Department of Transportation (Caltrans) Sustainable Transportation Planning Grant Program with a proposal under the $31.8 million allocated for Climate Adaptation Planning Grants.
In July 2024, Caltrans announced the Sustainable Transportation Grant Preliminary Awards for the Fiscal Year 2024-25. The City of Palm Springs was one of 89 awarded applicants for this grant program. Using the awarded $400,000 of funding, the Office of Sustainability will develop a “Palm Springs Comprehensive Shade and Heat Mitigation Item 1Y - Page 1
City Council Staff Report
July 25, 2024 -- Page 2
Acceptance of Sustainable Transportation Planning Grant Plan for Multi-modal Transportation” between the award date and the grant expiry date of June 2027.
This plan will focus on sustainable and resilient transportation planning to mitigate and adapt to the City’s extreme and unique climate. Working with members of the Palm Springs community and generating new, specific analyses, the City will generate a plan that identifies strategies to enhance adaptive multi-modal infrastructure, build resilient communities in an equitable manner, and reduce overall greenhouse gas emissions. This project includes a variety of studies and plans, including:
• Urban Heat Study
• Heat and Shade Equity Study
• Heat Impact Assessment
• Community and Stakeholder Engagement Plan
• Design Recommendations for Shade, Sustainable and Functional Landscaping, and other urban design interventions
• Strategies and pathways to safe, comfortable and efficient transportation around the city that also reduce GHG emissions and pollution.
• Strategies that align with Local, Regional, and State goals to reduce carbon emissions and address climate change.
STAFF ANALYSIS:
Caltrans requires a number of conditions be met before the grant can be fully awarded.
The General Conditions require the passage of a Board Resolution for this grant, signed by the governing board, that includes the grant project title and job title of the person authorized to enter into a contract with Caltrans. This adopted resolution is to be submitted to Caltrans by September 13, 2024.
ENVIRONMENTAL ASSESSMENT:
Not applicable.
ALIGNMENT WITH STRATEGIC PLANNING:
The Comprehensive Shade and Heat Mitigation Plan aligns with the City Council’s Sustainability priority.
FISCAL IMPACT:
The City of Palm Springs has been conditionally awarded grant funding in the amount of $400,000. The 12% local match will be met via the allocation of staff time to the project.
Item 1Y - Page 2
City Council Staff Report
July 25, 2024 -- Page 3
Acceptance of Sustainable Transportation Planning Grant REVIEWED BY:
Sustainability Director: Lindsey-Paige McCloy
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:
A. Resolution in support of Caltrans Sustainable Transportation Grant Award B. Preliminary Award Letter dated July 9, 2024
Item 1Y - Page 3
ATTACHMENT A
Item 1Y - Page 4
RESOLUTION NO. __
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AUTHORIZING THE ACCEPTANCE OF A
SUSTAINABLE TRANSPORTATION PLANNING GRANT IN THE
AMOUNT OF $400,000 FROM CALTRANS FOR A
COMPREHENSIVE SHADE AND HEAT MITIGATION PLAN FOR
MULTI-MODAL TRANSPORTATION; AND AUTHORIZING THE CITY
MANAGER OR DESIGNEE TO EXECUTE ANY NECESSARY
DOCUMENTS RELATED TO THE GRANT PROGRAM AND
FUNDING
WHEREAS, the California Department of Transportation (“Caltrans”) makes available funding for cities and regions to pursue transportation planning initiatives that reduce greenhouse gas emissions via the Sustainable Transportation Planning Grant program; and WHEREAS, the Sustainable Transportation Planning Grant program allocated $31.8 million toward Climate Adaptation Planning Grants, inviting planning projects that support local and regional identification of transportation-related climate vulnerabilities through the development of climate adaptation plans, as well as project-level adaptation planning to identify adaptation projects and strategies for transportation infrastructure; and WHEREAS, the City of Palm Springs has committed to a just and equitable transition to carbon neutrality in its 2021 Climate Action Roadmap, 2016 Sustainability Plan, and previous plans; and
WHEREAS, transportation emissions represent the single largest source of greenhouse gas emissions in the City of Palm Springs; and
WHEREAS, reducing the use of fossil-fuel passenger vehicles is critical to meeting the City’s emissions targets; and
WHEREAS, demographic and environmental conditions in Palm Springs can make active and multimodal transportation difficult, especially during the hot summer months, necessitating thoughtful, creative approaches to managing extreme heat via shade and other mechanisms; and
WHEREAS, the City of Palm Springs was provisionally awarded funding under the Caltrans Sustainable Transportation Planning - Climate Adaptation Planning Grant program in the amount of $400,000 to generate a Comprehensive Shade and Heat Mitigation Plan for MultiModal Transportation; and WHEREAS, a Restricted Grant Agreement is needed to be executed with Caltrans before such funds can be allocated through the Sustainable Transportation Planning Program; and WHEREAS, the City Council desires to accept the funds from the Caltrans Sustainable Transportation Planning - Climate Adaptation Planning Grant program to be used for the stated planning purpose; and
WHEREAS, the City Council desires to direct the City Manager (or designee) to authorize any necessary documents to accept the grant funds and to meet the grant requirements; Item 1Y - Page 5
Resolution No. _____
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The above recitals are all true and correct.
SECTION 2. The City of Palm Springs hereby accepts the award of the Caltrans Sustainable Transportation Planning - Climate Adaptation Planning Grant funds in the amount of $400,000 to be used for the stated planning purposes.
SECTION 3. The City Manager, or designee, is hereby authorized and empowered to execute in the name of the City of Palm Springs all grant documents, including but not limited to, applications, agreements, amendments and requests for payment, necessary to secure grant funds and implement the approved grant project.
SECTION 4. This Resolution shall take effect immediately upon its adoption the City Council, and the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.
PASSED, APPROVED, AND ADOPTED this 25th day of July, 2024.
SCOTT C. STILES
CITY MANAGER
ATTEST:
BRENDA PREE
CITY CLERK
Item 1Y - Page 6
Resolution No. _____
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, BRENDA PREE, City Clerk of the City of Palm Springs, hereby certify that Resolution No. ____ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on July 25, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of July, 2024.
Brenda Pree, City Clerk
City of Palm Springs, California
Item 1Y - Page 7
ATTACHMENT B
Item 1Y - Page 8
“Provide a safe and reliable transportation network that serves all people and respects the environment”
DIVISION OF TRANSPORTATION PLANNING
P.O. BOX 942873, MS–32 SACRAMENTO, CA 94273–0001
(916) 261-3326 | TTY 711
www.dot.ca.gov
July 9, 2024te
SENT VIA E-MAIL
On behalf of the California Department of Transportation (Caltrans), Division of Transportation Planning, we are pleased to congratulate you on your Sustainable Transportation Planning Grant award.
Sustainable Transportation Planning Grant Program
Grant Award
Fiscal Year
Grant
Category
Grant Fund
Source
Project Title
Grantee/Agency
Executive Director
Grantee/Agency
Contact
Sub-Recipient(s)
Caltrans District
Contact(s)
Caltrans District
Contact(s) E-mail
Grant Award Local Match
(Cash)
Local Match
(In-Kind)
Total
Local Match
%
Local Match
Total
Project Cost
Conditions of Award Due to Caltrans Grant Expiration Date Final Invoice Due * The final contractually agreed upon Local Match and Fund Source are located on the Grant Application Cover Sheet and Project Cost and Schedule. Any change in Local Match that increases/decreases the Total Project Cost must be approved by Caltrans and may require a Formal Amendment. Each invoice must include the contractual/agreed upon local match % - any deviation to this amount requires an approved Tapered Local Match Amendment prior to invoice submittal. Any change to the Local Match Fund Source requires prior Caltrans approval and an Administrative Amendment. 24-25 Climate Adaptation Planning SHA-CAP Palm Springs Comprehensive Shade and Heat Mitigation Plan for Multi-modal Transportation City of Palm Springs Linsey-Paige McCloy Christian Wheeler Ricky Rivers [email protected] $400,000 $0 $51,824 $51,824 11.47 $451,824 8/16/24 6/30/27 8/29/27 Item 1Y - Page 9
Caltrans Sustainable Transportation Planning Grant Program Grant Award
“Provide a safe and reliable transportation network that serves all people and respects the environment” Next Steps
1. The Caltrans District Grant Manager will schedule a Conditional Award Meeting with your agency soon.
The attached specific and general conditions and project revisions necessary to accept grant funding will be discussed at this meeting.
2. The required conditions must be submitted to the Caltrans District Grant Manager no later than the date listed in the table above.
Failure to satisfy these conditions will result in the forfeiture of grant funds.
3. The Caltrans District Grant Manager will review and approve all items required to fulfill the attached specific and general conditions.
4. Once the required conditions are met and the agreement is executed, the Caltrans District Grant Manager will:
Send a Notice to Proceed letter (for MPO/RTPAs, this will happen after the OWP/OWPA formal amendment is processed). Grant work cannot begin until the Notice to Proceed letter is received by your agency. Coordinate and schedule a grant kick-off meeting with your agency.
If you have questions concerning your Conditional Grant Award, please reach out to your Caltrans District contact listed in the table above.
Sincerely,
ERIN THOMPSON
Chief, Office of Regional and Community Planning
Attachments:
Specific and General Conditions
Item 1Y - Page 10
Sustainable Transportation Planning Grant Program
Grant Award Specific and General Conditions
Specific Conditions
If Specific Conditions have been identified for this grant, they will be listed below. Please make all necessary revisions to the Grant Application Cover Sheet, Scope of Work (SOW), and/or the Cost and Schedule, and complete the right column to indicate where the specific conditions were addressed.
Specific Conditions
Conditions Addressed
List Document,
Section & Page(s)
1. Clarify if there is there a cash match? 2. Update the project timeline to follow the application guide. 4. Consider making public outreach longer due to the holiday. 3. Confirm that analysis is only 3 months. 5. Consider expanding list of stakeholders. 6. Task deliverables in the Scope of Work need to be physical documents. 7. Minimum number of meetings needs to be specified also, virtual or in-person? 8. Identify the authorized signer(s) and email address(s) for the grant agreement that will be routed via Adobe Acrobat Sign
9. Complete form STD 1000 - Generative Artificial Intelligence (GenAI) Disclosure & Factsheet
Item 1Y - Page 11
Specific Conditions
Conditions Addressed
List Document,
Section & Page(s)
Item 1Y - Page 12
General Conditions
Please review the General Conditions below and complete them, as necessary. Most of these items are outlined in the Grant Application Guide, Ch. 6 and Appendix B. • Board Resolution – A current (less than one year old) Local Board Resolution, signed by the governing board that includes the grant project title and job title of the person authorized to enter into a contract with Caltrans, is required to be submitted to Caltrans by September 13, 2024.
• Government Entity Taxpayer ID Form is now required in place of the previously required STD-204. It is required by Caltrans Accounting to ensure payments are sent to the correct recipient and address.
• Generative Artificial Intelligence (GenAI) Disclosure (STD 1000) is a new form now required by Caltrans for all contract submittals. The Solicitation Number field can be left blank. • Scope of Work (SOW) and Project Cost and Schedule (Refer to Grant Application Guide, Appendix B Checklists) These are frequently missed requirements:
o Project Management stand-alone tasks, staff and/or consultant coordination are not allowed. Project Management activities must be charged to the tasks in which they are accrued.
o Include tasks for a kick-off meeting with Caltrans, invoicing, quarterly reporting, and Board adoption or acceptance.
o Ensure the deliverable for the consultant procurement task includes: Request for Proposal (RFP), executed consultant contract, and a copy of your agency’s procurement procedures.
o The earliest project start date is November 4, 2024, with an end date of June 30, 2027.
The Project Cost and Schedule will need be updated to reflect your proposed start date. At least one task must extend to the grant expiration date on June 30, 2027. o Indirect Costs - For Local Government Agencies requesting to bill for indirect costs:
Indirect costs must be identified in the SOW and Project Cost and Schedule, and the indirect cost rate included at the bottom of the Project Cost and Schedule. • Grant Application Cover Sheet and Project Cost and Schedule o Ensure the grant award, local match, and total project costs are consistent with the award letter amounts.
• Grant Application Cover Sheet - Must identify the specific source of cash and in-kind local match funds; and must identify the agency providing the local match. o If your agency is using staff time as a cash match, the application cover sheet must identify the source of local match funds for staff time (e.g., General Fund). o Direct grantee staff time is not an allowable in-kind match and must be identified as cash match.
• Third Party In-Kind Valuation Plan, if applicable - Third-party in-kind contributions consist of goods and services donated from outside the grantee’s agency (e.g., printing, facilities, interpreters, equipment, advertising, staff time, and other goods or services). If utilizing thirdparty in-kind contributions to satisfy the local match requirement:
o Ensure in-kind contribution information is identified on the Grant Application Cover Sheet and Project Cost and Schedule.
o To clarify, sub-recipient staff time, if reimbursed, is considered cash match. If donating their time, it is considered in-kind.
Item 1Y - Page 13
o Submit a Third-Party In-kind Valuation Plan. The district can provide a copy of the valuation plan checklist and template.
• Ensure Consistency - All changes made to the Grant Application Cover Sheet, SOW, and Project Cost and Schedule are made consistently in all documents.
Grant Administrative Requirements
Refer to the Grant Application Guide, Ch. 6, and the Restricted Grant Agreement boilerplate for a detailed overview of the Grant Administrative Requirements that must be adhered to over the life of the project. In summary:
• Third Party Contracts - Competitive consultant procurement, i.e., Request for Proposals (RFP) is required for all grant projects.
o If there is a consultant on-board, ensure the process to procure the consultant was a competitive process (documentation must be provided to Caltrans); the grant work must have been part of the original RFP.
o If using an on-call consultant list, the process for establishing the list must be competitive and less than five years old (documentation must be provided to Caltrans) o If the consultant helped to prepare the Project Scope of Work or grant application, they shall not be considered in the consultant procurement. • Quarterly Reporting – Quarterly Progress Reports (a narrative of completed project activities) are submitted on a quarterly basis.
• Invoicing and Financial Requirements –
o Maintain a proper accounting system (MS Excel is unacceptable). o Request for Reimbursements/invoices (RFRs) at least quarterly, but no more than monthly.
One-time, lump sum invoices are not allowed.
If requesting reimbursement of indirect costs, a copy of the ICAP/ICRP acceptance letter must be submitted with the first invoice.
Local match commitments must be satisfied with every RFR/invoice, including any local match amount above the minimum amount. If you are unable to meet this commitment, coordinate with your district Contract Manager. All work must be completed by June 30, 2027.
Final RFR/invoice and the final product are due no later than August 29, 2027. The final RFR/invoice will not be processed without the final product. o An Indirect Cost Allocation Plan/Indirect Cost Rate Proposal (ICAP/ICRP) must be submitted each year to the Inspector General Independent Office of Audits and Investigations for approval. Instructions for submitting an ICAP/ICRP are available at the following webpage: https://ig.dot.ca.gov/resources
• Grant Amendments - Proposed changes to the Grant Application Cover Sheet, SOW, and Project Cost and Schedule (e.g., local match amount, fund source, movement of funds) will require an Amendment and Caltrans approval. Please contact Caltrans for guidance on this process.
Item 1Y - Page 14
CITY COUNCIL STAFF REPORT
DATE: JULY 25, 2024 CONSENT CALENDAR
SUBJECT: APPROVAL OF TRACT MAP 38049 AND A SUBDIVISION
IMPROVEMENT AGREEMENT WITH AG LAND INVESTMENTS LLC, A
CALIFORNIA LIMITED LIABILITY COMPANY
FROM: Scott C. Stiles, City Manager
BY: Engineering Services Department
SUMMARY:
Van Surveying, Inc., representing AG Land Investments LLC, a California Limited Liability Company, (the “Developer”), has requested approval of a final map for Tentative Tract Map 38049 to create 8 single-family residences at 2700 E Alejo Road. Approval of a final map for Tentative Tract Map 38049 is a ministerial action, as required by the Municipal Code and the Subdivision Map Act. All prior discretionary actions have occurred allowing for the City’s ministerial approval of the final map.
RECOMMENDATION:
Adopt Resolution No. _____,“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TRACT MAP 38049 AND AN
ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT WITH AG LAND
INVESTMENTS LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, FOR PROPERTY LOCATED AT 2700 E ALEJO ROAD, IN SECTION 12, TOWNSHIP 4 SOUTH, RANGE 4 EAST.”
BUSINESS PRINCIPAL DISCLOSURE:
The Public Integrity Disclosure Form from the Developer is included as Attachment A.
BACKGROUND:
At its meeting on February 23, 2022, the Planning Commission recommended conditional approval of Tentative Tract Map 38049 (TTM 38049) for the construction of a residential development consisting of eight (8) single-family residences on a 2.53-acre site located at 2700 E Alejo Road.
Item 1Z - Page 1
City Council Staff Report
July 25, 2024 -- Page 2
TM 38049
On March 24, 2022, the City Council approved the project application as Item 2A with the conditions set forth by the Planning Commission.
On March 27, 2024, the Planning Commission recommended approval of a two-year extension of the expiration date, from March 24, 2024 to March 24, 2026. An extension of time was able to be granted as the Extension of Time Application Number EOT-2024- 0001 was filed prior to the expiration of the tentative map. The application was then later approved by the City Council as Item 1D in its April 25, 2024 meeting.
The expiration date of TTM 38049 was March 24, 2024, originally. However, Van Surveying, Inc., representing the Developer, timely filed a final map for TTM 38049 on July 5, 2022. Pursuant to state law (California Government Code Section 66452.6 [the “Subdivision Map Act”]), once the filing of a final map has been made to the City Engineer, all subsequent actions associated with the final map may occur after the expiration of the associated Tentative Tract Map.
STAFF ANALYSIS:
The Developer has completed the street improvement plans, Community Facility District (CFD) requirements, and bonding requirements at this time. A site map is provided below, a vicinity map is included as Attachment B, and a copy of the final map for TM 38049 is included as Attachment C.
Construction of required public improvements associated with Tract Map 38049 has not been completed; the total cost of the public improvements to be completed is $161,000.
In accordance with Section 66462 of the California Government Code, the Developer has requested that the City enter into a Subdivision Improvement Agreement securing the Item 1Z - Page 2
City Council Staff Report
July 25, 2024 -- Page 3
TM 38049
cost of those improvements to be completed to the City’s satisfaction. A copy of the Subdivision Improvement Agreement with associated securities is included in Attachment D.
The City Engineer has determined that required conditions of approval associated with TTM 38049 have been satisfied, that Tract Map 38049 is in substantial conformance with the approved Tentative Tract Map, and that Tract Map 38049 is ready for City Council approval.
ENVIRONMENTAL ASSESSMENT:
This project is considered a project under the definitions of the California Environmental Quality Act (CEQA). Per the prior staff report presented to City Council as Item 2A in its March 24, 2022 meeting, the City had evaluated the project under CEQA Guidelines, and a Mitigated Negative Declaration (MND) had been prepared and circulated for a 20-day public comment period. No comments had been received that would have necessitated the recirculation of the environmental analysis. Staff found that the analysis was a complete description of the project and its potential adverse impacts. The recommended mitigation measures are anticipated to reduce any potentially significant impacts to less than significant levels.
There were no changes proposed to the previously approved Tentative Tract Map No. 38049 in regard to the two-year Extension of Time Application EOT-2024-0001. As such, no amendment to the MND and/or additional environmental studies were required, pursuant to Section 15162 (Subsequent EIRs and Negative Declarations) Article 11 of the CEQA Guidelines.
ALIGNMENT WITH STRATEGIC PLANNING:
This item aligns with City Council Priority 1D regarding Economic Development.
FISCAL IMPACT:
Approval of Tract Map 38049 for the currently vacant 2.53-acre parcel will allow for the development of eight (8) single-family residential parcels. Ultimately, upon completion of the residences, the City will receive yet to be determined additional property tax revenue.
Additional incremental costs for public service will be incurred over time.
REVIEWED BY:
City Engineer: Joel Montalvo
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles
Item 1Z - Page 3
City Council Staff Report
July 25, 2024 -- Page 4
TM 38049
ATTACHMENTS:
A. Business Principal Disclosure
B. Vicinity Map
C. Tract Map 38049
D. Subdivision Improvement Agreement
E. Resolution
Item 1Z - Page 4
Attachment A
Item 1Z - Page 5
Item 1Z - Page 6
1. Name of Entity
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
W \vt.S~vitJ LLL
2. Address of Entity (Principle Place of Business)
3. Local or California Address (if different than #2)
4. State where Entity is Registered with Secretary of State
6. Type of Entity
D Corporation ~lmlted Liability Company D Partnership D Trust D Other (please specify)
8. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: ff any response Is not a natural person, please Identify all offloers, directors, members, managers and other fiduolsrl11s for thtJ member, manager, trust or other entity -~_.;;.. ___ b-=-· _",_\_kw_ J-_______ D Officer D Director D Member l'SlManager [name] T' D General Partner D Limited Partner
• Other ___________ _
-~-f\;-~ __ f'\_'-f ___ ~--~------• Officer O Director ~ember O Manager [name] D General Partner D Limited Partner • Other ___________ _
_________________
D Officer D Director D Member D Manager
(Revised 05/16/19)
[na D General Partner D Limited Partner
• Other ___________ _
CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Pagelof2
Item 1Z - Page 7
•
.
7. Owners/Investors with a 5% beneficial Interest in the Ancllcant Entity or a re1ated entity
EXAMPLE
JANEDOE 50%, ABC COMPANY, Inc.
"[name of owner/investor} [percentage of beneficial interest in entity and name of entitvl
A.
0,'/4 0 ro
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B. Sot} ~~ve:~tfv [percentage of benefici.al interest in entity and name pf entity]
C.
[nam·e of owner/investor] [percentage of beneficial interest in entity and name of entitvl
D.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
E.
[name of owner/investor] [percentage of benefi.cial interest in entity and name of entity]
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signature of Disclosing Party, Printed Name, Title Date s--/~3 /'2,oZ-t-/ .· ti/~ &'fb-t1!-
PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative. aetion by the City.
(Revised 05/16/19)
CITY OF PALM SPRINGS - PUBLIC INTEGR.ITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Page2of 2
Attachment B
Item 1Z - Page 8
Engineering Services Department
Vicinity Map
CITY OF PALM SPRINGS
2700 East Alejo Road
(APN: 507-380-019 & 507-380-020)
Item 1Z - Page 9
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Attachment C
Item 1Z - Page 10
Item 1Z - Page 11
THIS TRACT MAP CONTAINS 2.53 ACRES GROSS AND
8 TOTAL LOTS WITHIN THE DISTINCTIVE BORDER.
OWNER'S STATEMENT
WE HEREBY STA TE THAT WE ARE THE OWNERS OF THE LAND INCLUDED WITHIN THE SUBDIVISION SHOWN HEREON; THAT WE ARE THE ONLY PERSONS WHOSE CONSENT IS NECESSARY TO PASS A CLEAR TITLE TO SAID LAND; THAT WE
CONSENT TO THE MAKING AND RECORDING OF THIS SUBDIVISION MAP AS SHOWN WITHIN THE DISTINCTIVE BORDER LINE.
AG LAND INVESTMENTS LLC, A CALIFORNIA LIMITED LIABILITY COMPANY BY:
PRINT NAME.·
BENEFICIARY
ARI GOO TT AND JOE GOOTT, AS A BENEFICIARY UNDER THAT CERTAIN DEED OF TRUST RECORDED DEPTEMBER 03, 2021 AS INSTRUMENT NO. 2021- 0530046, OF OFFICIAL RECORDS
BY: BY: -------------
PRINTED NAME: ________ _ PRINTED NAME: ________ _
TITLE: ___________ _ TITLE: ___________ _
NOTARY ACKNOWLEDGEMENT
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERT/FICA TE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL W1-IO SIGNED THE DOCUMENT TO W1-IICH THIS CERT/FICA TE IS ATTACHED, AND NOT THE mUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.
STA TE OF CALIFORNIA } SS
COUNTY OF RIVERSIDE }
ON _____ 2023, BEFORE ME,
________ __, A NOTARY PUBLIC,
PERSONALLY APPEARED __________ AND
_________ WHO PROVED TO ME ON THE
BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE
NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND
ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES}, AND THAT BY
HIS/HER/THEIR S/GNA TURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S} ACTED, EXECUTED THE INSTRUMENT.
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE
STA TE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.
WITNESS MY HAND AND OFFICIAL SEAL. MY PRINCIPAL PLACE OF BUSINESS IS IN:
S/GNA TUR£: ______ _ COMMISSION NO. __ _
NOTARY PUBLIC EXP/RATION DA TE: ___ _
NOTARY ACKNOWLEDGEMENT
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERT/FICA TE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL W1-IO SIGNED THE DOCUMENT TO W1-IICH THIS CERT/FICA TE IS ATTACHED, AND NOT THE mUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.
STA TE OF CALIFORNIA } SS
COUNTY OF RIVERSIDE )
ON ____ __, 2023, BEFORE ME,
_________ A NOTARY PUBLIC,
PERSONALLY APPEARED __________ AND
_________ WHO PROVED TO ME ON THE
BASIS OF SATISFACTORY EVIDENCE TO 8£ THE PERSON{S} WHOSE NAME(S} IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND
ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN
HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY
HIS/HER/THEIR S/GNA TURE(S) ON THE INSTRUMENT THE PERSON{S),
OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.
I CERTIFY UNDER PENAL TY OF PERJURY UNDER THE LAWS OF THE
STA TE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.
WITNESS MY HAND AND OFFICIAL SEAL. MY PRINCIPAL PLACE OF BUSINESS IS IN:
S/GNA TUR£: ______ _ COMMISSION NO. __ _
NOTARY PUBLIC EXP/RATION DA TE: ___ _
IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT MAP 38049
PARCEL 2 & 3 OF PARCEL MAP 13336, PMB 64/39,
SECTION 12, TOWNSHIP 4 SOUTH, RANGE 4 EAST, S.B.M.
VAN SURVEYING, INC. JULY 2022
TAX COLLECTOR'S CERT/FICA TE
I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF THIS
OFFICE, AS OF THIS DA TE, THERE ARE NO LIENS AGAINST THE
PROPERTY SHOWN ON THE WITHIN MAP FOR UNPAID STA TE, COUNTY,
MUNICIPAL, OR LOCAL TAXES, OR SPECIAL ASSESSMENTS COLLECTED
AS TAXES, EXCEPT TAXES OR SPECIAL ASSESSMENTS COLLECTED AS
TAXES NOW A LIEN BY NOT YET PAYABLE, WHICH ARE ESTIMATED TO BE$ _____ ~
DATE: -------- 2023
MA TTHEW JENNINGS
COUNTY TAX COLLECTOR
BY __________ DEPUTY
TAX BOND CERT/FICA TE
I HEREBY CERTIFY THAT A BOND IN THE SUM OF $ ____ _
HAS BEEN EXECUTED AND FILED WITH THE BOARD OF SUPERVISORS OF
THE COUNTY OF RIVERSIDE, CALIFORNIA, CONDITIONED UPON THE
PAYMENT OF ALL TAXES, STA TE, COUNTY, MUNICIPAL, OR LOCAL,
AND ALL SPECIAL ASSESSMENTS COLLECTED AS TAXES, WHICH AT THE
TIME OF FILING OF THIS MAP WITH THE COUNTY RECORDER ARE A
LIEN AGAINST SAID PROPERTY BUT NOT YET PAYABLE AND SAID BOND HAS BEEN DULY APPROVED BY SAID BOARD OF SUPERVISORS.
DATE: -------~
CASH BOND
MA TTHEW JENNINGS
COUNTY TAX COLLECTOR
2023
BY: ________ DEPUTY
SOILS REPORT
PURSUANT TO SECTION 66490 OF THE SUBDIVISION MAP ACT, A PRELIMINARY SOILS REPORT, PROJECT NO. 544-22339, WAS PREPARED BY SLADDEN ENGINEERING. ON OCTOBER 17, 2022, AND IS ON FILE WITH THE CITY OF PALM SPRINGS, ENGINEERING DEPARTMENT.
S/GNA TUR£ OMMISS/ONS
PURSUANT TO SECTION 66436 (A), AND (C), OF THE SUBDIVISION MAP ACT. THE S/GNA TURES OF THE FOLLOWING OWNERS OF
EASEMENTS AND/OR OTHER INTEREST HA VE BEEN OMITTED.
ffi AN EASEMENT FOR INGRESS AND EGRESS AND INCIDENTAL PURPOSES IN THE DOCUMENT RECORDED SEPTEMBER 21, 1979 AS/IN INSTRUMENT NO. 205799, OFFICIAL RECORDS.
£_ AN EASEMENT FOR RIGHT TO MAINTAIN, REPAIR, OPERA TE, USE AND CONSTRUCT
A SIDEWALK AND BICYCLE PATH, UNDERGROUND SEWERS, AND PUBLIC UTILITY INSTALLATIONS AND INCIDENTAL PURPOSES, RECORDED SEPTEMBER 28, 1980 AS/IN INSTRUMENT NO. 170398, OFFICIAL RECORDS.
IN FAVOR OF: CITY OF PALM SPRINGS.
AFFECTS: AS DESCRIBED THEREIN.
AN EASEMENT FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES, RECORDED DECEMBER 3, 1980 AS/IN INSTRUMENT NO. 226225, OF OFFICIAL RECORDS.
IN FAVOR OF: GENERAL TELEPHONE AND COMPANY OF CALIFORNIA AFFECTS: AS DESCRIBED THEREIN.
SHEET 1 OF 2 SHEETS
RECORDER'S STATEMENT
FILED THIS _ DAY OF ______ _, 2023, AT
__,M. IN BOOK ___ OF PARCEL MAPS AT
PAGES ___ AT THE REQUEST OF THE CITY CLERK OF THE
CITY OF PALM SPRINGS, CALIFORNIA.
NO. ____ _
FEE: ____ _
PETER ALDANA
COUNTY RECORDER-ASSESSOR-CLERK
BY:---------- DEPUTY
SUBDIVISION GUARANTEE BY: NORTH AMERICAN TITLE CO.
SURVEYOR'S STATEMENT
THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A
FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP
ACT AND LOCAL ORDINANCE AT THE REQUEST OF GLENWOOD MANAGEMENT GROUP, LLC, IN FEBRUARY OF 2020.
I HEREBY STA TE THAT ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE
POSITIONS IND/CA TED OR THAT THEY WILL BE SET WITHIN ONE YEAR OF THE FILING
OF THIS MAP WITH THE COUNTY RECORDER AND THAT THE MONUMENTS ARE, OR WILL
BE, SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED, AND THAT THIS FINAL
TRACT MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE TRACT MAP. THIS SURVEY IS TRUE AND COMPLETE AS SHOWN.
DATE: _______ _ 2023
STEVEN J. VAN P.L.S. 6500
CITY ENGINEER'S STATEMENT
I HEREBY STA TE THAT I HA VE EXAMINED THE WITHIN MAP OF TRACT MAP NO. 38049 CONSISTING OF 2 SHEETS; THAT THE SUBDIVISION SHOWN HEREON
IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP OR ANY APPROVED AL TERA TIONS THEREOF; THAT ALL PROVISIONS OF THE STA TE
SUBDIVISION MAP ACT AND ANY LOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HA VE BEEN COMPLIED WITH; DATED: 2023
BY: ____________ _
JOEL MONTALVO
R.C.E. NO. 62624
CITY SURVEYOR'S STATEMENT
---=='=---
I HEREBY STA TE THAT I HA VE EXAMINED THE MAP, AND THAT I AM SATISFIED THAT SAID MAP IS TECHNICALLY CORRECT.
DA TED: ____ _ 2023
BY: ____________ _
ERIK T. HOWARD
P.L.S. 7648
ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC.
CITY CLERK'S STATEMENT
I, MONIQUE LOMELI, INTERIM CITY CLERK AND EX-OFFICIO ASSESSOR OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, STA TE OF CALIFORNIA, HEREBY STA TE THAT SAID CITY COUNCIL AT ITS REGULAR MEETING HELD ON THE __ DAY OF ____ 2023, DULY APPROVED THE FINAL MAP NO. 38049,
THE TENTATIVE MAP FOR SAID TRACT MAP WAS APPROVED BY THE CITY COUNCIL AT ITS REGULAR MEETING HELD ON THE 24 TH DAY OF MARCH, 2022.
DA TED: ______ _
BY:
MONIQUE LOMELI, CMC
INTERIM CITY CLERK AND EX-OFFICIO ASSESSOR OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CAL/FOR/NA
w.o. 22-112
Item 1Z - Page 12
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SHEET 2 OF 2 SHEETS
IN THE CITY OF PALM SPRINGS. COUNTY OF RIVERSIDE, STATE OF CALIFORNIA PARCEL 2
TRACT MAP 38049
PARCEL 2 & 3 OF PARCEL MAP 13336, P.M.B. 64/39
OF SECTION 12, TOWNSHIP 4 SOUTH, RANGE 4 EAST, S.B.M.
VAN SURVEYING, INC. JULY 2022
BASIS OF BEARINGS:
THE BASIS OF BEARING IS THE CENTERLINE OF ALEJO ROAD,
PMB 14/64, RECORDS AS N 89°47'24"£
SURVEYOR'S NOTES.-
THts TRACT MAP CONTAINS 2.53 ACRES GROSS AND
8 TOTAL LOTS WITHIN THE DISTINCTIVE BORDER.
SET 1" IP WITH TAG STAMPED P.L.S. 6500, AT ALL
0\ INTERIOR AND EXTERIOR LOT CORNERS, OR LEAD & TAG
00 STAMPED P.L.S. 6500 IN WALL AND/OR TOP OF CURB,
UNLESS SHOWN OTHERWISE
0 • IND/CA TES MONUMENTS FOUND AS NOTED
O·q/b () IND/CA TES RECORD PER P.M. 64/39
~6/ [] IND/CA TES RECORD PER P.M. 216/96-98 ~ 0 Q M&R IND/CA TES MEASURED AND RECORD ~ r;,>6
0~~- It:
..J 0~· ~ ~ f>'~. EASEtvENT NOTES:
u
m ~ AN EASEMENT FOR INGRESS AND EGRESS AND INCIDENTAL PURPOSES IN THE DOCUMENT RECORDED SEPTEMBER 21, 1979 AS/IN INSTRUMENT ~ NO. 205799, OFFICIAL RECORDS.
£ AN EASEMENT FOR RIGHT TO MAINTAIN, REPAIR, OPERA TE, USE AND CONSTRUCT 8 A SIDEWALK AND BICYCLE PATH, UNDERGROUND SEWERS, AND PUBLIC UTILITY INSTALLATIONS AND INCIDENTAL PURPOSES, RECORDED SEPTEMBER 28, 1980 AS/IN INSTRUMENT NO. 170398, OFFICIAL RECORDS.
IN FAVOR OF: CITY OF PALM SPRINGS.
50' AFFECTS: AS DESCRIBED THEREIN.
~ AN EASEMENT FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES, RECORDED DECEMBER 3, 1980 AS/IN INSTRUMENT NO. 226225, OF OFFICIAL RECORDS. 25' PARCEL I IN FAVOR OF: GENERAL TELEPHONE AND COMPANY OF CALIFORNIA AFFECTS: AS DESCRIBED THEREIN.
FD 3 4" IP TAGGED
LS 4146 ON. 6"
IN CPS MONUMENT WELL
PER PM 19/3 & PMB 64/39
GRAPHIC SCALE
40 I r----1.0 ___ 8'° 120 I
SCALE 1"=40' w.o. 22-112
Attachment D
Item 1Z - Page 13
Item 1Z - Page 14
RECORDING REQUESTED BY:
CITY OF PALM SPRINGS
AND WHEN RECORDED MAIL TO:
City of Palm Springs
P. 0. Box 2743
Palm Springs, CA 92263
Attn: Office of the City Clerk
SPACE ABOVE FOR RECORDER ONLY
FIiing fee EXEMPT per Government Code 6103
SUBDIVISION IMPROVEMENT AGREEMENT
AG Land Investments LLC, a California Limited
Liability Company
and
The City of Palm Springs, California
TH IS AREA FOR
RECORDER'S
USE ONLY
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies)
Item 1Z - Page 15
Item 1Z - Page 16
TABLE OF CONTENTS
1. Construction Obligations ...................................................................................... 1
1.1 Works of Improvement. .............................................................................. 1 1 .2 Other Obligations Referenced in Conditions of
Tentative Map Approval ............................................................................. 2 1 .3 Intent of Plans ............................................................................................ 2
1.4 Survey Monuments .................................................................................... 2 1 .5 Performance of Work ................................................................................. 2 1 .6 Changes in the Work ................................................................................. 2 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 ........................................................................................... 4
2.1 Commencement and Completion Dates .................................................... 4
2.2 Phasing Requirements ............................................................................... 5
2.3 Force Majeure ............................................................................................ 5
2.4 Continuous Work ....................................................................................... 5
2.5 Reversion to Acreage ................................................................................ 5
2.6 Time of the Essence .................................................................................. 6
3. Labor .................................................................................................................... 6
3.1 Labor Standards ........................................................................................ 6
3.2 Nondiscrimination ...................................................................................... 6 3.3 Licensed Contractors ................................................................................. 6 3.4 Workers' Compensation ............................................................................. 6
4. Security ................................................................................................................ 6
4.1 Required Security ...................................................................................... 6
4.2 Form of Security Instruments ..................................................................... 7 4.3 Subdivider's Liability .................................................................................. 8
4.4 Letters of Credit ......................................................................................... 8
4.5 Release of Security Instruments ................................................................ 9 Item 1Z - Page 17
5. Cost of Construction and Provision of Inspection
Service ................................................................................................................. 9
5.1 Subdivider Responsible for All Related Costs of
Construction ............................................................................................... 9
5.2 Payment to City for Cost of Related Inspection
and Engineering Services ........................................................................ 10
6. Acceptance of Offers of Dedication .................................................................... 10
7. Warranty of Work ................................................................................................ 10
8. Default ................................................................................................................ 10
8.1 Remedies Not Exclusive .......................................................................... 10
8.2 City Right to Perform Work ...................................................................... 10
8.3 Attorney's Fees and Costs ....................................................................... 11
9. Indemnity ............................................................................................................ 11 10 General Provisions ............................................... ·.· ............................................ 11
10.1 Successors and Assigns .......................................................................... 11
10.2 No Third Party Beneficiaries .................................................................... 11 10.3 Entire Agreement; Waivers and Amendments ......................................... 11 11 . Corporate Authority ............................................................................................ 11 2 Item 1Z - Page 18
SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is entered into this _____ day of ________ , 20_, by and between the CITY OF PALM SPRINGS, a California charter city ("CITY"), and AG Land Investments LLC, a California limited liability company (Subdivider").
RECITALS
A. Subdivider is the owner of, and has obtained approval of a subdivision map for Tract Map No. 38049 located in the City of Palm Springs, County of Riverside, State of California (the "Property"), as described on Exhibit "A". The map contains conditions of approval for the development of the Property (the "Conditions") as described on Exhibit "B".
B. 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.
C. 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 cost for the Works of Improvement is $315,000.00.
1.2 Other Obligations Referenced in Conditions of Tentative Map Approval. In addition to the foregoing, Subdivider shall satisfy all of the conditions of approval on the 1 Item 1Z - Page 19
Tentative Map for the Property. The conditions of approval associated with the Tentative Map are included as Exhibit "B" attached hereto.
1.3 Intent of Plans. The intent of the Plans referenced in Section 1.1 is to prescribe a complete work of improvement which Subdivider shall perform or cause to be performed in a manner acceptable to the City Engineer (or his/her designee) and in full compliance with all codes and the terms of this Agreement. Subdivider shall complete a functional or operable improvement or facility, even though the Plans may not specifically call out all items of work required for the contractor to complete its tasks, incidental appurtenances, materials, and the like. If any omissions are made or information necessary to carry out the full intent and meaning of the Plans, Subdivider or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the Plans, reference shall be made to the City Engineer whose decision thereon shall be final.
Subdivider recognizes that the Plans consist of general drawings. All authorized alterations affecting the requirements and information given on the Plans shall be in writing and approved by the City Engineer. The Plans shall be supplemented by such working or shop drawings as are necessary to adequately control the work. Without the City Engineer's prior written approval, no change shall be made by Subdivider or Subdivider's contractor to any plan, specification, or working or shop drawing after it has been stamped as approved.
1.4 Survey Monuments. Before final approval of street improvements, Subdivider will place survey monument(s) as shown on the Map in accordance with the provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City of Palm Springs. Subdivider shall provide security for such obligation as provided in Section 4.1 (a)(iii) and, after setting the monument(s), Subdivider shall furnish the City Engineer of the City of Palm Springs written notice of the setting of said monument(s) and written proof of having paid the engineer or surveyor for the setting of said monument(s).
1.5 Performance of Work. Subdivider shall furnish or cause to be furnished all materials, labor, tools, equipment, utilities, transportation, and incidentals required to perform Subdivider's obligations under this Agreement.
1.6 Changes in the Work. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Paragraph 4, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer as determined necessary to accomplish the purposes of this Agreement and to protect the public health, safety, or welfare. The City Engineer shall notify Subdivider or Subdivider's contractor in writing (by Correction Notice) at the time a determination has been made to require changes in the work. No 2 Item 1Z - Page 20
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 or to any other person regarding the adequacy of the Plans or related documents.
1.9 Authority of the City Engineer. In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to decide all questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Subdivider and Subdivider's contractor.
1.10 Documents Available at the Site. Subdivider shall cause its contractor to keep a copy of all approved Plans at the job site and shall give access thereto to the City's inspectors and engineers at all times.
1.11 Inspection. Subdivider shall have an authorized representative on the job site at all times during which work is being done who has full authority to act for Subdivider, or its design engineer, and Subdivider's contractor(s) regarding the Works of Improvement. Subdivider shall cause its contractor to furnish the City with every reasonable facility for ascertaining whether or not the Works of Improvement as performed are in accordance with the requirements and intent of this Agreement, including the Plans. If the City inspector requests it, the contractor at any time before acceptance of the Works of Improvement shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected. After examination, the contractor shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City shall not be considered as direct control of the individual workmen on the job site. City's inspector shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement.
The inspection of the work by City shall not relieve Subdivider or the contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted.
1.12 Compliance With Law. In addition to the express provisions of this Agreement and the Plans, Subdivider shall cause construction of the Works of 3 Item 1Z - Page 21
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 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. If items are found by the inspector to be incomplete or not in compliance with this Agreement or any of the requirements contained or referenced herein, City will inform the contractor of such items. After the contractor has completed these items, the procedure shall then be the same as specified above for the contractor's initial request for final inspection. If items are found by City's inspector to be incomplete or not in compliance after two (2) "final" inspections, City may require the contractor, as a condition to performing further field inspections, to submit in writing a detailed statement of the work performed subsequent to the date of the previous inspection which was found to be incomplete or not in compliance at that time.
No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by City is made. Final acceptance shall not constitute a waiver by City of defective work subsequently discovered.
The date on which the Works of Improvement will be considered as complete shall be the date of the Notice of Acceptance.
2. Time for Performance.
2.1 Commencement and Completion Dates. Subject to Section 2.2 and 2.3 below, Subdivider shall (i) commence with construction and installation of the Works of Improvement thirty (30) days following City's approval of the Plans ("Commencement Date"); and (ii) complete or cause to be completed all of the Works of Improvement two (2) years after the Commencement Date. Extensions of time for completion of the Works of Improvement may be granted upon demonstration of good cause, subject to review and approval by the City Council.
2.2 Phasing Requirements. Notwithstanding the provisions of Section 2.1, City reserves the right to control and regulate the phasing of completion of specific Works of Improvement as required to comply with applicable City ordinances, regulations, and rules relating to the timely provision of public services and facilities. In addition to whatever other remedies City may have for Subdivider's failure to satisfy such phasing 4 Item 1Z - Page 22
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 satisfied. 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.
Final inspections or issuance of Certificates of Occupancy may be withheld from the Subdivider by the City, if, upon a determination by the City Engineer or his designee, completion of specific Works of Improvements or other requirements associated with the development of the Property have not been completed to his satisfaction.
2.3 Force Majeure. Notwithstanding the provisions of Section 2.1, Subdivider's time for commencement and completion of the Works of Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikers, lockouts, acts or failures to act of a public agency (including City), required changes to the scope of work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than five (5) days prior to City's receipt of a written notice from Subdivider or its Contractor detailing the grounds for Subdivider's claim to a right to extend its time for performance hereunder. City Engineer shall evaluate all claims to Force Majeure and his decision shall be final.
2.4 Continuous Work. After commencement of construction of the Works of Improvement (or separate portion thereof), Subdivider shall cause such work to be diligently pursued to completion, and shall not abandon the work for a consecutive period or more than thirty (30) days, events of Force Majeure excepted.
2.5 Reversion to Acreage. In addition to whatever other rights City may have due to Subdivider's failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Sections 66499.11-66499.20-3/4. In this regard, Subdivider agrees that if the Works of Improvement have not been completed on or before the later of two (2) years from the date of this Agreement or within the time allowed herein, whichever is the later, and if City thereafter initiates proceedings to revert the Property to acreage, pursuant to Government Code Section 66499.16 Subdivider hereby consents to reversion and agrees that any improvements made by or on behalf of Subdivider shall not be considered in determining City's authority to revert the Property to acreage.
2.6 Time of the Essence. Time is of the essence of Subdivider's performance of all of its obligations under this Agreement,
3. Labor.
5 Item 1Z - Page 23
3.1 Labor Standards. Subdivider shall be responsible for causing all contractors and subcontractors performing any of the Works of Improvement to comply with all applicable federal and state labor standards, including to the extent applicable the prevailing wage requirements promulgated by the Director of Industrial Relations of the State of California Department of Labor.
3.2 Nondiscrimination. In connection with its performance under this Agreement, Subdivider shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). Subdivider shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Subdivider certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Subdivider activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Subdivider is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting. This provision shall also apply to any contractors or subcontractors engaged in construction of the Works of Improvement.
3.3 Licensed Contractors. Subdivider shall cause all of the Works of Improvement to be constructed by contractors and subcontractors with valid California Contractors' licenses for the type of work being performed.
3.4 Worker's Compensation. Subdivider shall cause every contractor and subcontractor performing any of the Works of Improvement to carry Workers' Compensation Insurance as required by the Labor Code of the State of California and shall cause each such contractor and subcontractor to submit to City a Certificate of Insurance verifying such coverage prior to such contractor or subcontractor entering onto the job site.
4. 4.1
Security.
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 6 Item 1Z - Page 24
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 $315,000.00 equal to 100% of the estimated construction cost referenced in Section
1.1. (ii) A Security Instrument guaranteeing the payment to contractors, subcontractors, and other persons furnishing labor, materials, and/or equipment ("Labor and Materials Security Instrument") with respect to the Works of Improvement in an amount equal to $158,000.00 equal to 50% of the estimated construction cost referenced in Section 1 .1.
(iii) A Security Instrument guaranteeing the payment of the cost of setting monuments as required in Section 1.4 in the amount of $4,500.00 equal to 100% of the cost thereof.
This Agreement shall not be effective for any purpose until such Security Instruments are supplied to and approved by City in accordance herewith. (b) Required Security Instrument for Maintenance and Warranty. Prior to the City Council's acceptance of the Works of Improvement and recordation of a Notice of Completion, Subdivider shall deliver a Security Instrument warranting the work accepted for a period of one (1) year following said acceptance ("Maintenance and Warranty Security Instrument"), in the amount of $48,000.00 equal to 15% of the estimated construction cost set forth in Section 1.1 or a suitable amount determined by the City Engineer.
4.2 Form of Security Instruments. All Security Instruments shall be in the amounts required under Section 4.1 (a) or 4.1 (b), as applicable, shall meet the following minimum requirements and otherwise shall be in a form provided by City or otherwise approved by the City Attorney:
(a) Bonds. For Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California. Any insurance company acting as surety shall have a minimum rating of A-IX, as rated by the current edition of Best's Key Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858. Any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard & Poor's.
(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 7 Item 1Z - Page 25
State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the City Engineer of the City that Subdivider is in default under its payment or performance obligations hereunder or in the event Subdivider fails to deliver a replacement letter of credit not less than thirty (30) days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 4.4.
(c) Instrument of Credit. For Security Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to City all of Subdivider's interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. (d) General Requirements for all Security Instruments.
(i) Payments under any Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the City of Palm Springs, State of California (and the Security Instrument shall so provide). (ii) Each Security Instrument shall have a minimum term of one (1) year after the deadline for Subdivider's completing the Works of Improvement, in accordance with Section 2.1 (other than Instruments of Credit, which shall have no defined term or expiration date).
(iii) Each Security Instrument shall provide that changes may be made in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and without affecting the obligations under such Security Instrument.
4.3 Subdivider's Liability. While no action of Subdivider shall be required in order for City to realize on its security under any Security Instrument, Subdivider agrees to cooperate with City to facilitate City's realization under any Security Instrument, and to take no action to prevent City from such realization of any Security Instrument.
Notwithstanding the giving of any Security Instrument or the subsequent expiration of any Security Instrument or any failure by any surety or financial institution to perform its obligations with respect thereto, Subdivider shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10) days after written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 4.
4.4 Letters of Credit.
(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 8 Item 1Z - Page 26
of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit delivered hereunder, issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit.
(b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Subdivider. If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as provided in the foregoing. Subdivider agrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City's security interest in such account.
4.5 Release of Security Instruments.
(a) City shall release the Faithful Performance Security Instrument and Labor and Materials Security Instrument when all of the following have occurred:
(i) Subdivider has made written request for release and provided evidence of satisfaction of all other requirements in this Section 4.5; (ii) the Works of Improvement have been accepted;
(iii) Subdivider has delivered the Maintenance and Warranty Security Instrument; and
(iv) subject to the following sentences after passage of the time within which lien claims are required to be made pursuant to Article 3 (commencing with Section 3114) of Chapter 2 of Title 15 of Part IV of Division 3 of the California Civil Code. If lien claims have been timely filed, City shall hold the Labor and Materials Security Instrument until such claims have been resolved, Subdivider has provided a statutory bond, or otherwise as required by applicable law.
(b) City shall release the Maintenance and Warranty Security Instrument upon Subdivider's written request upon the expiration of the 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 9 Item 1Z - Page 27
for any of the Works of Improvement, such reimbursement shall be subject to a separate Reimbursement Agreement to be entered into between Subdivider and City prior to construction of the works.
5.2 Payment to City for Cost of Related Inspection and Engineering Services.
Subdivider shall compensate City for all of City's costs reasonably incurred in having its authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Subdivider shall compensate City for all design, plan check, evaluating any proposed or agreed-upon changes in the work. The procedures for deposit and payment of such fees shall be as established by the City Council. In no event shall Subdivider be entitled to additional inspections or a final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections.
6. Acceptance of Offers of Dedication. The City Council shall pass as appropriate resolution or resolutions accepting all offers of dedication shown on the Map for the Property, with acceptance to become effective upon completion and acceptance by City of the Works of Improvement. Such resolution(s) shall authorize the City Clerk to execute the Certificate made a part of the Map regarding said acceptance of the offer of dedication.
7. Warranty of Work. Subdivider shall guarantee all Works of Improvement against defective materials and workmanship for a period of one (1) year from the date of final acceptance. If any of the Works of Improvement should fail or prove defective within said one (1) year period due to any reason other than improper maintenance, or if any settlement of fill or backfill occurs, or should any portion of the Works of Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen (15) days after written notice of such defects, or within such shorter time as may reasonably be determined by the City in the event of emergency, shall commence to repair or replace the same together with any other work which may be damaged or displaced in so doing. Should Subdivider fail to remedy defective material and/or workmanship or make replacements or repairs within the period of time set forth above, City may make such repairs and replacements and the actual cost of the required labor and materials shall be chargeable to and payable by Subdivider. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law.
8. Default.
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.
10 Item 1Z - Page 28
8.2 City Right to Perform Work. In addition to whatever other rights or remedies it may have for Subdivider's default hereunder, in the event Subdivider shall fail to timely perform any work required to be performed under this Agreement and such failure shall continue for a period of twenty (20) days after receipt of written notice of default from City, or thereafter Subdivider shall fail to diligently and continuously pursue the cure of any such default to completion, City shall have the right to enter into the Property and perform any of the uncompleted work by force account or contract or both and thereupon recover from Subdivider or any Security Instrument, or both, the full cost and expense thereby incurred by City.
8.3 Attorney's Fees and Costs. In the event that Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney's fees. In the event of any dispute arising out of Subdivider's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney's fees and costs. Such attorney's fees and cost shall include fees and costs on any appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment.
9. Indemnity. Subdivider agrees to indemnify, defend, and hold harmless City and City's officers, employees, and agents from and against any and all claims, liabilities, losses, damages, causes of action, and obligations arising out of Subdivider's failure to perform the construction and installation of the Works of Improvement in accordance with the requirements contained or referenced in this Agreement. Said indemnity obligation shall apply to personal injury, death, property damage, economic loss, and any other monetary damage or penalty to which City may be subjected, including without limitation, attorney's fees and costs and the costs of realizing on any Security Instrument provided by Subdivider pursuant to the terms hereof. Such indemnity obligation shall not extend to any loss resulting from City's sole negligence or willful 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 11 Item 1Z - Page 29
Subdivider intend to create any third party beneficiary rights in this Agreement in any contractor, subcontractor, member of the general public, or other person or entity.
10.3 Entire Agreement: Waivers and Amendments. This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to all or part of the subject matter hereof, except as may be expressly provided herein. All waivers of the provisions of this Agreement must be in writing and signed by an authorized representative of the party to be charged, and all amendments hereto must be in writing and signed by the appropriate representatives of both parties.
11. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant the (I) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into of this Agreement does not violate any provisions of any other Agreement to which said party is bound.
*****
(Signatures on Next Page)
12 Item 1Z - Page 30
IN WITNESS WHEREOF, the parties hereto have executed this Subdivision Improvement Agreement as of the date first above written.
ATTEST:
CALIFORNIA
By ____________ _
Brenda Pree, City Clerk
City of Palm Springs
APPROVED AS TO FORM:
Jeff Ballinger, City Attorney
City of Palm Springs
SUBDIVIDER:
CITY OF PALM SPRINGS,
Scott C. Stiles, City Manager
City of Palm Springs
AG Land Investments LLC. a California limited liability company Check one: _Individual _Partnership _Corporation*_iCompany *Note, for Corporations, two corporate officers must sign this Agreement, as indicated below; for all others, authorized agents must sign this Agreement.
By:_~~m WA __ .~- Signature (notarized)
Name: AdaMJ M. b-i I b~
_..;...;.... ____
--'------
.
Title: __ fVl_a..n __ tL-,-jj.._111 ..... c:,...,._q_m_.2.._nJ;,_ u-__ (For Corporations, this document must
be signed in the above space by one of
the following: Chairman of the Board,
President or any Vice President)
By: _____________ _
Signature (notarized)
Name:
------------
Title:
-------------
For Corporations, this document must be
signed in the above space by one of the
following: Secretary, Chief Financial
Officer or any Assistant Treasurer)
13 Item 1Z - Page 31
Mailing Address:
(76t>) 4f;f-_M24-
(_)_-_(fax)
14 Item 1Z - Page 32
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Riverside
On ~11 ( :ro~+ , before me Bianca Davila, Notary Public, personally appeared A-dll,,Wv M. 6i lbtr±' , who proved to me on the basis of satisfactory evidence to be the person~) whose name~ is/at=e subscribed to the within instrument and acknowledged to me that he/.stmAhey executed the same in his/her/their authorized capacityfies), and that by his/hcr/.thoir signaturefs) on the instrument the person(s), or the entity upon behalf of which the person~ acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ,
(Seal)
Item 1Z - Page 33
EXHIBIT "A"
TRACT MAP 38049 LEGAL DESCRIPTION
Tract Map No. 38049, as recorded in Map Book __ , Pages __ through __ inclusive, records of Riverside County, California.
16 Item 1Z - Page 34
EXHIBIT "B"
TENTATIVE TRACT MAP 38049 CONDITIONS OF APPROVAL
17 Item 1Z - Page 35
I
I
I
Resolution No 24998
Page?
RESOLUTION NO. 24998
EXHIBIT A
Case 5.1521 GPA/CZ; Case 38049 TTM; Case 7.1645 AMM
AG Land Investments, LLC
2700 East Alejo Road
March 24, 2022
CONDITIONS OF APPROVAL
Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, Development Services Director, Building Official, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition.
Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney.
ADMINISTRATIVE CONDITIONS
ADM 1. Project Description. This approval is for the project described per Case
5.1521 GPA/CZ and 9ase 38049 TIM; except as modified with the approved Mitigation Monitoring Progr~m and the conditions below; ADM 2. Conform to all Codes and Regulations. The project shall conform to the conditions contained herein, all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, and any other City County, State and Federal Codes, ordinances, resolutions and laws that may apply.
ADM 3. Indemnification. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, pr proceeding_ against the .City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.1521 GPA/CZ, Case 38049 TIM, and Case
7.1645 AMM. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless· the City of Palm Springs. Notwithstanding the Item 1Z - Page 36
Resolution No 24998 Page 8
foregoing, the City retains the right to settle or abandon the matter without the I applicant's consent, but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the in~emnification rights herein.
ADM 4. Maintenance and Repair. The property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation all structures, sidewalks, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, in a first class condition, free from waste and debris, and in accordance with all applicable law, rul~s. ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall _be included in the recorded covenant agreement for the property if required by the City.
ADM 5. Right to Appeal. Decisions of an administrative officer or agency of the City of Palm Springs may be appealed in accordance with Municipal Code Chapter 2.05.00.
ADM 6. Public Art Fees. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in-lieu fee. In the case of the in-lieu fee, the fee shall be based upon the tot~I building permit valuation as calculated pursuant I to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial projects or 1/4%·for residential projects with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of P,lanning and Zoning and the Public Arts Commission, and the property owner shall enter into a recorded agreement to . maintain the art work and protect the public rights of access and viewing:
ADM 7. Park Development Fees. The developer shall dedicate land or pay a fee in lieu of a dedication, at the option of the City. The in-lieu fee shall be computed pursuant to Ordinance No. 1632, Section IV, by multiplying the area of park to be dedicated by the fair market value of the land being developed plus the cost to acquire and improve the property plus the fair share contribution, less any credit given by the City, as may be reasonably determined by the City based upon the formula contained in Ordinance No. 1632. In accordance with the Ordinanc~, the following areas.or features shall not be eligible for private park credit: golf courses, yards, court areas, setbacks, development edges, slopes in hillside areas (unless the area includes a public trail) landscaped development entries, meandering streams, land held as open space for wildlife habitat, flood retention facilities and circulation improvements such as bicycle, hiking and equestrian trails (unless such systems are directly linked to the City's community-wide system I and shown on the City's master plan).
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ADM 8. The final development plans shall show eight (8) residential lots.
RIVERSIDE COUNTY AIRPORT LAND USE COMMISSION (ALUC) CONDITIONS:
ALUC 1.
ALUC 2.
Any new outdoor lighting shall be hooded or shielded to prevent either the spillage of lumens or reflection into the sky. Outdoor lighting shall be downward facing.
The following uses/activities are not included in the proposed project and shall be prohibited at this site:
(a) Any use which would direct a steady light or flashing light of red, white, green, or amber colors associated with airport operations toward an aircraft engaged in an initial straight climb following takeoff or toward an aircraft engaged in a straight ·final approach toward a landing at an airport, other than an FAA-approved navigational signal light or visual approach slope indicator.
(b) Any use which would cause sunlight to be reflected .towards an aircraft engaged in an initial straight climb following takeoff or towards an aircraft engaged in a straight final approach towards a landing at an airport.
(c) Any use which would generate smoke or water vapor, or which would attract large concentrations of birds, or which may otherwise affect safe air navigation within the area. (Such uses include landscaping utilizing water features, aquaculture, outdoor production of cereal grains, sunflower, and row crops, composting operations, wastewater management facilities, artificial marshes, trash transfer stations that are open on one or more sides, recycling centers containing putrescible wastes, construction and demolition -debris facilities, fly ash disposal, and incinerators.)
(d) Any use which would generate electrical interference that may be detrimental to the operation· of aircraft and/or ai(craft instrumentation. (e) Children's schools, day care centers, libraries, hospitals, nursing homes, and highly noise-sensitive outdoor nonresidential uses, and hazards to flight.
(t) Highly noise-sensitive outdoor nonresidential uses. (g) Any use which results in a hazard to flight, including physical (e.g. tall objects), visual, and electronic forms of interreference with the safety of aircraft operations.
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Resolution No 24998
ALUC 3.
ALUC4.
ALUC 5.
The attached "Notice of Airport in Vicinity" shall be provided to all prospective purchasers and occupants of the property and be recorded as a deed notice. In the event that the Office of the Riverside County Assessor-Clerk-Recorder declines to record said notice, the text of the notice shall be included on the Environmental Constraint Sheet (ECS) of the final map, if an ECS is otherwise required.
Any proposed detention basins or facilities shall be designed and maintained to provide for a maximum 48-hour detention period following the design storm and remain totally dry between rainfalls. Vegetation in and around the detention basins that would provide food or cover for birds would be incompatible with airport operations and shall not be utilized in project landscaping. Trees shall be spaced so as to prevent large expanses of contiguous canopy, when mature.
Landscaping in and around the detention basin(s) shall not include trees or shrubs that produce seeds, fruits, or berries.
Landscaping in the detention basin, if not rip-rap, should be in accordance with the guidance provided in ALUC "LANDSCAPING NEAR AIRPORTS II brochure, and the 11AIRPORTS, WILDLIFE AND STORMWATER MANAGEMENT" brochure available at
RCALUC.ORG which list acceptable pl~nts from Riverside County Landscaping Guide or other alternative landscaping as may be recommended by a qualified wildlife hazard biologist.
A notice sign, in a form similar to that attached hereto, shall be permanently affixed to the stormwater basin with the following language: "There is an airport nearby. This stormwater basin is designed to hold stormwat~r for only 48 hours and not attract birds.
Proper maintenance is necessary to avoid bird strikes". The sign will also include the name, telephone number or other contact information of the person or entity responsible to monitor the stormwater basin.
The ALUC overflight informational brochure shall be provided to prospective purchasers showing the locations of aircraft flight patterns, the frequency of overflights, the typical altitudes of the aircraft,· and the range of noise levels that can be expected from individual aircraft overflights, as well as Compatibility Factors exhibit from the Palm Springs Airport Land Use Compatibility Plan.
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ALUC6.
CC&R's
ADM1.
ADM2.
The project does not propose rooftop solar panels at this time. However, if the- project were to propose solar rooftop panels in the future, the applicant/developer shall prepare a solar glare study that analyzes glare impacts, and this study shall be reviewed by the Airport Land Use Commission.
' The applicant prior to issuance of building permits shall submit a draft declaration of covenants, conditions and restrictions (11CC&R's11) to the Director of Planning and Zoning for approval in. a form to be approved by the City Attorney, to be recorded prior to approval of a final map. The CC&R's shall be enforceable by the -city, shall not be · amended without City approval, shall require maintenance of all property in a good condition and in accordance with all ordinances.
At the time of filing of the CC&R's, the applicant shall submit to the City of Palm Springs, a deposit in. the amount of $4,008, for the review of the CC&R's by the City Attorney. An ·additional filing fee shall also be paid to the City Planning Department for administrative review purposes.
Cultural Resources
ADM3. Given that portions of the project area are within an alluvial formation; the possibility of buried resources is increased. A Native American Monitor shall be present during all ground-disturbing activities.
a. Experience has shown that there is always a possibility of buried cultural resources in a project area. Given that, a Native American Monitor(s) shall be present during all ground disturbing activities including clearing and grubbing, excavation, burial of utilities, planting of rooted plants, etc. Contact the Agua Caliente Band of Cahuilla Indian Cultural Office for additional information on the use and availability of Cultural Resource Monitors. Should buried cultural deposits be encountered, the Monitor ~hall contact the Director of Planning and Zoning and after the consu!tation the Director shall have the authority to halt destructive construction and shall notify a Qualified Archaeologist to investigate and, if necessary, the Qualified Archaeologist shall prepare a treatment plan for submission to the State Historic Preservation Officer and Agua Caliente Cul~ura_l Resource Coordinator for approval. b. Two copies of any cultural resource documentation generated in connection with
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this project1 including reports of investigations, record search results and site records/updates shall be forwarded to the Tribal Planning, Building, and Engi1;1eering Department and on~ copy to the City Planning and Zoning Department prior to final inspection. ;
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ENVIRONMENTAL ASSESSMENT CONDITIONS
ENV 1. If unavoidable project cohstruction activities must begin during the nesting I bird season (February 1st through August 31st), a pre-construction nesting bird survey shall be conducted no more than 14 days prior to initiation of ground disturbance and vegetation removal activities. The nesting preconstruction bird survey shall be conducted by a biologist familiar with identification of avian species known to occur in Riverside County. The nesting bird survey shall be conducted on foot inside the project boundary, including a 300-foot buffer for passerines (song birds) and 500-foot buffer for raptors in areas of suitable habitat. Inaccessible areas will be surveyed using binoculars to the extent practical. If nests are found, an avoidance buffer (dependent upon species, the proposed work activity, the existing disturbances associated with land uses outside of the site) shall be determined and demarcated by the biologist with bright orange construction fencing, flagging, construction lathe, or other means to mark the boundary. If a raptor nest is observed in a tree proposed for removal, the applicant must consult with CDFW. All construction personnel be notified of the existence of the buffer zone and to avoid entering the buffer zone during nesting season.
No ground disturbing activities shall occur within this buffer area until the avian biologist has confirmed the breeding/nesting is completed and the young have fledged. Encroachment into the buffer shall occur only at the discretion of the qualified biologist. Focused surveys for burrowing owl shall I be conducted by a qualified biologist and in accordance with California Department of Fish and Wildlife (CDFW) guidelines (THGP Section
4.8.4.2(g))
ENV 2. The applicant shall pay the THCP (Tribal Habitat Conservation Plan) Valley Floor Planning Area Fee as required by the THCP.
ENV 3. If buried cultural materials are discovered during the earth-moving operations, all work in that area should be halted or diverted until a qualified archaeologist can evaluate the nature and significance of the finds and, if necessary, develop a treatment pan in consultation with the City of Palm Springs and the appropriate Native American tribes.
ENV 4. In the unexpected event human remains are uncovered during construction activities, all construction work taking place within the vicinity of the discovered remains must cease and the necessary steps to ensure the integrity of the immediate area must be taken. The County Coroner must be notified within 24 hours of the discovery of human ·remains. If the remains discovered are determined by the coroner to be of Native American descent, the coroner shall contact the Native A~eric~~ Heritage Commission (NAHC) within 24 hours. The NAHC would in turn contact the Most Likely Descendant (MLD) would determine further action to be taken. °The MLD would have 48 hours to access the site and I make a recommendation regarding disposition of the remains.
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