Palm Springs City Council
February 13, 2025

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 indemnification 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 accorda.nce with all applicable law, rules, 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 total 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 l;'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 Ordinance, the following areas .or features shall not be eligible for private park credit: golf courses, yards, court areas, setbacks, development edges, slopes in hillside area's (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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Page9
ADM 8. The final development plans shall show eight (8) residential lots.

RIVERSIDE COUNTY AIRPORT LAND USE COMMISSION (ALUC) CONDITIONS:

ALUC 1.

ALUC2.

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 FM-approved navigational signal light or visual approach slope indicator.
(b)
(c)
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.

Any use which would generate smoke or water vapor, or which would attract larg~ 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 aircraft instrumentation. (e) Children's schools, day care centers, libraries, hospitals, nursing homes, and highly noise-sensitive outdoor nonresidential uses, and hazards to flight.
(f) 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 " brochure, and the "AIRPORTS, WILDLIFE AND STORMWATER MANAGEMENT" brochure available at
RCALUC.ORG which list acceptable plants 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 stormwater 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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Resolution No 24998

ALUC6.

CC&R's
ADM 1.

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 ("CC&R's") 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 adminisirative 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 shall contact the Director of Planning and Zoning and after the consultation 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~ural Resource Coordinator for approval. b. Two copies of any cultural resource documentation generated in connection with _this project, including reports of investigations, record search results and site records/updates shall be forwarded to the Tribal Planning, Building, and Engir:,eering Department and one copy to the City Planning and Zoning Department prior to final ihspedion. '
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ENVIRONMENTAL ASSESSMENT CONDITIONS
ENV 1. If unavoidable project construction 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 (TH<;:P 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 iemains. If the remains discovered are determined by the coroner to be of Native American descent, the coroner shall contact the Native America("! 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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ENV 5. Prior to issuance of a Grading Permit, the applicant shall obtain written approval to proceed with construction from the Los Coyotes Band of Cahuilla and Cupeno Indians and Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist. The applicant shall contact the Tribal Historic Preservation Officer or the Tribal Archaeologist at (760) 699-6800, to determine their requirements, if any, associated with grading or other construction. The applicant is advised to contact the Tribal Historic Preservation Officer or Tribal Archaeologist as early as possible. If required, it is the responsibility of the applicant to coordination scheduling of Tribal monitors during grading or other construction, and to arrange payment of any required fees associated with Tribal monitoring.

ENV 6. California Fish & Game Fees Required. The project is required to pay a fish and game impact fee as defined in Section 711.4 of the California Fish and Game Code. This CFG impact fee plus an administrative fee for filing the action with the County Recorder shall be submitted by the applicant to the City in the form of a money order or a cashier's check payable to the Riverside County Clerk prior to the final City action on the project (either Planning Commission or City Council determination). This fee shall be submitted by the City to the County Clerk with the Notice of Determination.

Action on this application shall not be final until such fee is paid. The project may be eligible for exemption or refund of this fee by the California Department of Fish & Game. Applicants may apply for a refund by the CFG at www.dfg.ca.gov for more information.

ENV 7. Mitigation Monitoring. The mitigation measures of the environmental assessment shall apply. The applicant shall submit a signed agreement that the mitigation measures outlined as part of the mitigated negative declaration will be included in the plans prior to Planning Commission consideration of the environmental assessment.

ENV 8. Long Term Soil Stabilization and Dust Control. Those portions of the site that are to be graded, cleared, and grubbed of natural vegetation for the installation of the solar panel structures shall be provided with a long-term soil stabilization program acceptable to the City of Palm Springs to control wind borne dust and particulates. This may be either an overlay of gravel at sizes of 3/4" or larger or other equivalent means as approved by the Dust Control Management Division of the City Public Works Department.

ENV 9. Cultural Resource Survey Required. Prior to any ground disturbing activity, including clearing and grubbing, installation of utilities, and/or any construction related excavation, an Archaeologist qualified according to the Secretary of the Interior's Standards and Guidelines, shall be employed to survey the area for the presence of cultural resources identifiable on the ground surface. Copies of any culiural resource documentation (report and site records) generated in connection with this project shall be submitted to the Agua Caliente Band of Cahuilla Indians.

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Resolution No 24998

ENV 10. Cultural Resource Site Monitoring. There is a possibility of buried cultural or Native American tribal resources on the site. A Native American Monitor shall I be present during all ground-disturbing activities.
a). 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 shall contact the Director of Planning. After consultation the Director shall have the authority to halt destructive construction and shall notify a Qualified Archaeologist to further investigate the site. If necessary, the Qualified Archaeologist shall prepare a treatment plan for submission to the State Historic Preservation Officer and Agua Caliente Cultural Resource Coordinator for approval. b). Two copies of any cultural resource documentation generated in connection with this project, including reports of investigations, record search results and site records/updates shall be forwarded to the Tribal Planning, Building, and Engineering Department and one copy to the City Planning Department prior to final inspection.

PLANNING DEPARTMENT CONDITIONS
PLN 1. Approval of Case 5.1521 CZ (Change of Zone) shall be contingent upon the I approval of Case 5.1521 GPA (General Plan Amendment), Case 38049 TIM (Tentative Tract Map), and Case 7.1645 AMM (Administrative Minor Modification).

PLN 2. Approval of Case 38049 TIM (Tentative Tract Map) shall be contingent upon the approval of Case 5.1521 GPA (General Plan Amendment) and Case

5.1521 CZ (Change of Zone).

PLN 3. Approval of Case 5.1521 GPA/CZ and Case 38049 TIM shall be contingent upon the approval of Case 7 .1645 AM M.

PLN 4. Construction of any residential unit shall meet minimum soundproofing requirements prescribed pursuant to Section 1092 and related sections of Title 25 of the California Administrative Code. Compliance shall be demonstrated to the satisfaction of the Director of Building and Safety.

PLN 5. The street address numbering/lettering shall not exceed eight inches in height.

PLN 6. Tentative Tract Maps 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. I
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PLN 7. 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 for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements.

PLN 8. 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 Co~e for specific requirements.

PLN 9. 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.

PLN 10. Prior to the issuance of building permits, locations of all telephone and electrical boxes must be indicated on the building plans and must be ' completely screened and located in the interior of the building. Electrical transformers must be located toward the interior of the project maintaining a sufficient distance from the frontage(s) of the project. Said transformer(s) must be adequately and decoratively screened.

PLN 11. The applicant shall provide written notice to all buyers of the adjacent land uses and noise impacts in a recordable form to be approved by the City Attorney at the City Attorney's reasonable discretion. In the event the CC&Rs are not required or proposed for the project, the requirement of the CC&Rs shall be removed from the required conditions or not be required.

ENGINEERING DEPARTMENT CONDITIONS
Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer.

STREETS
ENG 1.

ENG2.

Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. All improvements are subject to inspection and a 24-to-48-hour inspection notification is required.

Submit street improvement plans prepared by a registered California civil engineer to the Engineering Services Department.

The plan(s) shall be approved by the City Engineer prior to issuance of any building permits.

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Resolution No 24998

ALEJO ROAD
ENG 3.

ENG4.

ENG5.

ENG6.

ENG?.

ENG 8.

Construct a 6-inch curb and gutter, 32 feet north of centerline along the entire frontage, with a 25 feet radius curb return and spandrel at the northeast corner of the intersection of Alejo Road and Juanita Road and remove and replace the existing curb return and spandrel located at the northwest corner of Alejo Road and Commercial Road in accordance with City of Palm Springs Standard Drawing No. 200 and 206.

Remove and replace the existing 6 feet wide cross gutter at the intersection of Alejo Road and Juanita Road and the intersection of Alejo Road and Commercial Road with a flow line parallel with and located 32 feet north of the centerline of Alejo Raad in accordance with City of Palm Springs Standard Drawing No. 200 and 206.

Construct an 8 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210.

Construct a Type A curb ramp meeting current California State Accessibility standards at the northeast corner of the intersection of Alejo Road and Juanita Road in accordance with City of Palm Springs Standard Drawing No. 212.

Remove and replace the existing curb ramp at the northwest corner of Alejo Road and Commercial Road and construct a Type A curb ramp meeting current California State Accessibility standard in accordance with City of Palm Springs Standard Drawing No. 212.

Construct pavement with a minimum pavement section of 3 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'ciean sawcut edge of pavement along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110. (Additional pavement removal and replacement may be required upon review of existing pavement cross-sections, and to ensure grade breaks of the pavement cross-section do not occur within a travel lane.) If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval.

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ENG 9.

ENG 10.

Remove and replace existing asphalt concrete pavement where required, in accordance with applicable City standards.

All broken or off grade street improvements along the project frontage shall be repaired or replaced.

COMMERCIAL ROAD
ENG 11.

ENG 12.

ENG 13.

ENG 14.

Upon development of lots 5 thru 8, the developer shall construct a driveway approach with access to Commercial Road in accordance with City of Palm Springs Standard Drawing No. 201.

Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210.

Construct a Type C curb ramp meeting current California State Accessibility standards on the south side of the existing driveway approach for APN#507-380-018 in accordance with City of Palm Springs Standard Drawing No. 214.

All broken or off grade street improvements along the project frontage shall be repaired or replaced.

JUANTAROAD
ENG 15.

ENG 16.

ENG 17.

ENG 18.

Construct a 6-inch curb and gutter, 12 feet east of centerline along the entire frontage to join . existing improvements located at the north property line in accordance with City of Palm Springs Standard Drawing No. 200.

Upon development of lots 1 thru 4, the developer shall construct a driveway approach with access to Juanita Road in accordance with City of Palm Springs Standard Drawing No. 201
Construct an 8 feet wide meandering sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210.

Construct pavement with a minimum pavement section of 3 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. (Additional pavement removal arid replacement may be required upon review of existing Item 1U - Page 84
Resolution No 24998

ENG 19.

ENG 20.
pavement cross-sections, and to ensure grade breaks of the pavement cross-section do not occur within a travel lane.) If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval.

Remove and replace existing asphalt concrete pavement where required, in accordance with applicable City standards.

All broken or off grade street improvements along the project frontage shall be repaired or replaced.

SANITARY SEWER
ENG 21.

GRADING
ENG 22.

All sanitary facilities shall be connected to the public sewer system.

New laterals shall. not·be connected at manholes.

Submit a Rough Grading Plan prepared by a California registered civil engineer to the Engineering Services Department for review and approval.

A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Services Department for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code and shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Services Department with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact AQMD at (909) 396-3752, or at http://www.AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Services Department prior to approval of the Grading plan. The Grading Plan shall be approved by the City Engineer prior to issuance of grading permit.

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ENG 23.

ENG 24.

ENG 25.

ENG 26.
' ENG 27.

ENG 28.
a. The first submittal of the Rough Grading Plan shall include the following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Site Plan; a copy of current Title Report; a copy of Soils Report.

Prior to approval of a Grading Plan (or issuance of a Grading Permit), the applicant shall obtain written approval to proceed with construction from the Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist ( a copy of the written approval must be. provided to the City) . The applicant shall contact the Tribal His\oric Preservation Officer or the Tribal Archaeologist at ACBCI[email protected] to determine their requirements, if any, associated with grading or other construction. The applicant is advised to contact the Tribal Historic Preservation Officer or Tribal Archaeologist as early as possible. If required, it is the responsibility of the applicant to coordinate scheduling of Tribal monitors during grading or other construction, and to arrange payment of any required fees associated with Tribal monitoring.

In accordance with an approved PM-10 Dust Control Plan, temporary dust control perimeter fencing shall be installed. Fencing shall have screening that is tan in color; green screening will not be allowed. Temporary dus·t control perimeter fencing shall be installed after issuance of Grading Permit, and immediately prior to commencement of grading operations.

Temporary dust control perimeter fence screening shall be appropriately maintained, as required by the City Engineer. Cuts (vents) made into the perimeter fence screening shall not be allowed. Perimeter fencing shall be adequately anchored into the ground to resist wind loading.

Within 10 days of ceasing all construction activity and when construction activities are not scheduled to occur for at least 30 days, the disturbed areas on-site shall be permanently stabilized, in accordance with Palm Springs Municipal Code Section 8.50.022. Following stabilization of all disturbed areas, perimeter fencing shall be removed, as required by the City Engineer.

Prior to issuance of grading permit, the applicant shall provide verification to the City that the Tribal Habitat Conservation Plan (THCP) fee has been paid to the Agua Caliente Band of Cahuilla Indians in accordance with the THCP.

Drainage swales shall be provided adjacent t_o all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters.

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ENG 29.

ENG 30.

ENG 31.

ENG 32.

ENG 33.

A Notice of Intent (NOi) to comply with the California General Construction Stormwater Permit (Water Quality Order 2009-0009-DWQ as modified September 2, 2009)- is required for the proposed development via the California Regional Water Quality Control Board online SMARTS system.

A copy of the executed letter issuing a Waste Discharge Identification (WDID) number shall be provided to the City Engineer prior to issuance of a grading or building permit.

This project requires preparation and implementation of a stormwater pollution prevention plan (SWPPP). As of September 4, 2012, all SWPPPs shall include a post-construction management plan (including Best Management Practices) in accordance with the c·urrent Construction General Permit. Where applicable, the approved final project-specific Water Quality Management Plan shall be incorporated by reference or attached to the SWPPP as the Post-Construction Management Plan. A copy of the up-to-date SWPPP shall be kept at the project site and be available for review upon request.

In accordance with City of Palm Springs Municipal Code, Section 8.50.022 (h), the applicant shall post with the City a cash bond of two thousand dollars ($2,000.00) per disturbed acre (if there is disturbance of 5,000 square feet or more) at the time of issuance of grading permit for mitigation measures for erosion/blowsand relating to this property and development.

A Geotechnical/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 Engineering Services Department with the first submittal of a grading plan.

The applicant shall provide Grading Certification for all building (or structure) pads in conformance with the approved grading plan to the Engineering Services Department for review and approval.

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ENG 34.

DRAINAGE
ENG 35.

ENG 36.

GENERAL
ENG 37.

ENG 38.

ENG 39.

In cooperation with the California 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" (Revised - RIFA Form CA-1) prior to approval of the Grading Plan (if required). The California Department of Food and Agriculture office is located at 6819 East Gage Avenue, Commerce, Ca 90040 (Phone (760)782-3271, (562)505-6415), [email protected].

The applicant shall accept and convey all stormwater runoff across the property and conduct the runoff to an approved drainage system. On-site retention may be allowed on that portion of the property where historically, stormwater runoff is conveyed. The incremental increase of stormwater runoff due to development of the property shall be retained on-site to the satisfaction of the City Engineer.

The project is subject to flood control and drainage implementation fees.

The acreage drainage fee at the present time is $10.311.99 per acre in accordance with Resolution No. 15189. Fees shall be paid prior to issuance of a building permit.

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.

All proposed utility lines shall be installed underground.

The record property owner shall enter into a covenant agreeing to underground all of the existing overhead utilities required by the Municipal Code in the future upon request of the City of Palm Springs City Engineer at such time as deemed necessary. The covenant shall be executed and notarized by the property owner and submitted to the City Engineer prior to issuance of a grading permit. A current title report or a copy of a current tax bill and a copy of a vesting grant deed shall be provided to verify current property ownership. A covenant preparation fee in effect at the Item 1U - Page 88
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ENG40.

ENG 41.

ENG42.

ENG43.

ENG44.

MAP
ENG 45.
time that the covenant is submitted shall be paid by the applicant prior to issuance of any grading or building permits.

All existing utilities shall be shown on the improvement plans if required for the project. The existing and proposed service laterals shall be shown from the main line to the property line.

Upon approval of any improvement plan (if required) by the City Engineer, the improvement plan shall be provided to the City in digital format, consisting of a DWG (AutoCAD 2015 drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats.

Variation of the type and format of the digital data to be submitted to the City may be authorized, upon prior approval by the City Engineer.

The original improvement plans prepared for the proposed development and approved by the City Engineer (if required) shall be documented with record drawing "as-built" information and returned to the Engineering Services Department prior to issuance of a final certificate of occupancy.

Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction.

Nothing shall be constructed or planted in the corner cut-off area of any intersection or driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code Section 93.02.00, D.

All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed in accordance with City of Palm Springs Standard Drawing No. 904.

The developer shall apply for an annexation to the City of Palm Springs Community Facilities District established for public safety services and submit required applications, waivers, and consent forms to the annexation prior to approval of a final map. Payment of an annexation fee ($7,500) and shall be made at the time of the application. The annexation shall be completed by action of the city council in a public hearing, prior to processing a final map for approval.

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TRAFFIC
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ENG 50.

ENG 51.

A Final Map shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Engineering Services Department for review and approval. A Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Final Map to the Engineering Services Department as part of the review of the Map.

The Final Map shall be approved by the City Council prior to issuance of building permits.

Acceptance of public improvements required of this development shall be completed by resolution of the City Council to release the faithful performance bond and acceptance of replacement maintenance bond to be held for one year. An inspection will be performed nine months after said acceptance as part of the notice of completion process, a notice of completion will be filed certifying the improvements are complete.

A minimum of 48 inches of clearance for accessibility shall be provided on public sidewalks. Minimum clearance on public sidewalks 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 within the public sidewalk along the frontage of the subject property.

All damaged, destroyed, or modified pavement legends, traffic control devices, signing, striping, ·and streetlights, associated with the proposed development shall be replaced as required by the City Engineer prior'to issuance of a Certificate of Occupancy.

Submit traffic striping and signage plans for Alejo Road from Commercial Road to Juanita Road, prepared by a California registered civil engineer, for review and approval by the City Engineer. All required traffic striping and signage improvements shall be completed in conjunction with required street improvements, to the satisfaction of the City Engineer, and prior to release of any securities for the project.

Install traffic striping and signage improvements to match existing striping located on Alejo Road adjacent to the project. Submit traffic striping and signage plans to the City Engineer for review and approval.

Item 1U - Page 90
Resolution No 24998

ENG 52.

ENG 53.

Construction signing, lighting and barricading shall be provided during all phases of construction as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with Part 6 "Temporary Traffic Control" of the California Manual on Uniform Traffic Control Devices (CAMUTCD), dated November 7, 2014, or subsequent editions in forte at the time of construction. ·
This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit.

FIRE DEPARTMENT CONDITIONS
FID 1.

FID 2.

FID 3.

FID4.

These Fire Department conditions may not provide all requirements.

Owner/developer is responsible for all applicable state and locally adopted fire codes. Detailed plans are still required for review. Conditions are subject to final plan check and review.

Fire Department Conditions were based on the 2019 California Fire Code as adopted by City of Palm Springs, Palm Springs Municipal Code, PSFD Appendix "T'' Development Requirements. This building will req1Jire fire sprinklers.

Conditions of Approval - "Conditions of Approval" received from the Palm Springs Planning Department must be submitted with .each plan set. Failure to submit will result in a delay of plan approval.

Plans and Permits (CFp 105.1):

Permits and scaled drawings are required for this project. Plan reviews can take up to 20 working days. Submit a minimum of three (3) sets of drawings for review. Upon approval, the Fire Prevention Bureau will retain one set.

Plans shall be submitted to: . . .

City of Palm Springs
Building and Safety Department
3200 E. Tahquitz Ci;inyon Way
Palm Springs, CA 92262
Counter Hours: 8:00 AM - 6:00 PM, Monday - Thursday
A deposit for Plan Check and Inspection Fees is required at the time of Plan Submittal. These fees are established by Resolution of the Palm Springs City Council ..

I
I
Complete listings and manufacturer's technical data sheets for all system I materials shall be included with plan submittals. All system materials shall be Item 1U - Page 91
I
I
Resolution No 24998

FID 5.

FID 6.

FID7.

FID 8.

UL listed or FM approved for fire protection service and approved by the Fire Prevention Bureau prior to installation.

Plans shall include all necessary engineering features, including all hydraulic reference nodes, pipe lengths and pipe diameters as required by the appropriate codes and standards. Plans and supporting data, (calculations and manufacturers technical data sheets) including fire flow data, shall be submitted with each plan submittal. Complete and accurate legends for all symbols and abbreviations shall be provided on the plans.

Access During Construction (CFC 503): Access for firefighting equipment shall be provided to the immediate job site at the start of construction and maintained until all construction is complete. Fire apparatus access roads shall have an unobstructed width of not less than 24 feet and an unobstructed vertical clearance of not less than 13'-6". Fire Department access roads shall have an all-weather driving surface and support a minimum weight of 73,000 lbs.

Required access (CFC 504.1 ): Exterior doors and openings required by this code, or the California Building Code shall be maintained readily accessible for emergency access by the fire department. ·An approved access walkway leading from fire apparatus access roads to' exterior openings shall be provided when required by the fire code official.

Residential Smoke Alarms Required: Shall be interconnected so that operation of any smoke alarm or fire sprinkler flow switch causes all smoke alarms within the dwelling & guest house to sound an_d activate the exterior horn/strobe
NFPA 13D Fire Sprinklers Required: An automatic fire sprinkler system is required. Only a C-16 licensed fire sprinkler contractor shall perform system design and installation. System to be designed and installed in accordance with NFPA standard 13D, 2016 Editions, as modified by local ordinance.

END OF CONDITIONS
Attachment E
Item 1U - Page 92
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, APPROVING THE

ASSIGNMENT AND ASSUMPTION OF THE SUBDIVISION
IMPROVEMENT AGREEMENT (24N193) AND SECURITIES
FOR TRACT MAP 38049 BY SISTER CITY INVESTMENTS,
INC., A CALIFORNIA CORPORATION, FROM 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.

WHEREAS, the Planning Commission of the City of Palm Springs, at its meeting of February 23, 2022, recommended conditional approval of Tentative Tract Map 38049, subject to conditions; and
WHEREAS, the City Council of the City of Palm Springs, (hereinafter the “City”), at its meeting of March 24, 2022, approved Tentative Tract Map 38049 subject to the conditions set forth by the Planning Commission; and WHEREAS, the Planning Commission of the City of Palm Springs, at its meeting of March 27, 2024, recommended approval of the extension of time application received; and
WHEREAS, the City, at its meeting of April 25, 2024, approved the extension of time application; and
WHEREAS, the City, at its meeting of July 25, 2024, adopted Resolution No. 25237, approving Tract Map 38049 and a related Subdivision Improvement Agreement, (Agreement No. 24N193), with AG Land Investments 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 $477,500 to guarantee construction of certain public improvements required for and associated with Tract Map 38049, (the “Works of Improvement”); and
WHEREAS, the Former Developer filed with the City Clerk a performance bond in the amount of $315,000, labor and materials (payment) bond in the amount of totaling $158,000, and a monumentation bond in the amount of $4,500 in accordance with the Subdivision Improvement Agreement; and WHEREAS, Sister City Investments, Inc., a California corporation (“Owner”) acquired the associated property from the Former Developer; and Item 1U - Page 93
Resolution No. _____

WHEREAS, the required Works of Improvements have not yet been completed by the Former Developer or Owner, the Owner has requested that the City enter into a new Subdivision Improvement Agreement with the Owner to secure the cost of public improvements in accordance with Section 66462 of the California Government Code; and
WHEREAS, in accordance with Section 4.1 of the new Subdivision Improvement Agreement, the Owner has submitted replacement subdivision improvement securities in the same amount of $477,500 to guarantee construction of the Works of Improvement; and
WHEREAS, the City Engineer recommends that the City Council accept the assignment and assumption of the Subdivision Improvement Agreement and the related subdivision improvement securities by the Owner from the Former Developer, and recommends that the City Council accept the release of the Former Developer’s associated Security Instruments.

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The City Council hereby approves the assignment and assumption of the Subdivision Improvement Agreement for Tract Map 38049 by the Owner from the Former Developer and accepts the replacement subdivision improvement securities in conformance with the requirements therein for public improvements.

SECTION 2. The City Manager is hereby authorized to execute the new Subdivision Improvement Agreement with the Owner.

SECTION 3. The City Clerk shall cause to have recorded the new Subdivision Improvement Agreement with the Riverside County Recorder.

SECTION 4. The City Clerk is hereby authorized to release the following Security Instruments previously filed by the Former Developer with the City Clerk to guarantee construction of the Works of Improvement:
 Faithful Performance Bond No. 100416989; $315,000.00
 Labor and Materials Bond No. 100416989; $158,000.00
 Monumentation Bond No. 100416990; $4,500.00
ADOPTED THIS 13TH DAY OF FEBRUARY, 2025.

SCOTT C. STILES

CITY MANAGER, CITY OF PALM SPRINGS
Item 1U - Page 94
Resolution No. _____

ATTEST:

BRENDA PREE

CITY CLERK, CITY OF PALM SPRINGS
Item 1U - Page 95
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 February 13, 2025, 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 1U - Page 96

CITY COUNCIL STAFF REPORT
DATE: FEBRUARY 13, 2025 CONSENT CALENDAR
SUBJECT: APPROVAL OF AN ASSIGNMENT AND ASSUMPTION OF EXISTING SUBDIVISION IMPROVEMENT AGREEMENT (A9470) AND SECURITIES FOR TRACT MAP 36969 BY LENNAR HOMES OF CALIFORNIA, LLC, A

CALIFORNIA LIMITED LIABILITY COMPANY, FROM EHOF CANYON

VIEW, LLC, A DELAWARE LIMITED LIABILITY COMPANY
FROM: Scott C. Stiles, City Manager
BY: Engineering Services Department
SUMMARY:

On January 11, 2024, the City Council approved Tract Map 36969 and a subdivision improvement agreement (SIA), A9470, with EHOF CANYON VIEW, LLC, a Delaware limited liability company (Former Developer). The Former Developer had submitted the associated securities for the Works of Improvement and is still the current bond holder for Tract Map 36969. The property has since been acquired from the Former Developer by TPG AG EHC III (LEN) CA 1, L.P., a Delaware limited partnership (Owner). The Owner is not proposing to enter into a new SIA, but the Owner’s contractor, Lennar Homes of California, LLC (Contractor) intends to do so. The Contractor has provided a new SIA and securities for the Works of Improvement in the same amounts already obtained by the City from the Former Developer. The Owner and Contractor are requesting that the City Council approve the release of the existing SIA and securities from the Former Developer and approve the assignment and assumption of the SIA and securities by the Contractor.

RECOMMENDATION:

Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF PALM SPRINGS, CALIFORNIA, APPROVING THE ASSIGNMENT AND ASSUMPTION OF THE SUBDIVISION IMPROVEMENT AGREEMENT (A9470) AND SECURITES FOR TRACT MAP 36969 BY LENNAR HOMES OF CALIFORNIA, LLC, A

CALIFORNIA LIMITED LIABILITY COMPANY, FROM EHOF CANYON VIEW, LLC, A

DELAWARE LIMITED LIABILITY COMPANY, FOR PROPERTY LOCATED AT THE

SOUTHWEST CORNER OF EAST PALM CANYON DRIVE AND MATTHEW DRIVE, IN SECTION 30, TOWNSHIP 4 SOUTH, RANGE 5 EAST.”
Item 1V - Page 1
City Council Staff Report
February 13, 2025 -- Page 2
TM 36969
BUSINESS PRINCIPAL DISCLOSURE:

The Public Integrity Disclosure Form from the Contractor is included as Attachment A.

BACKGROUND:

At its meeting on July 19, 2017, the City Council approved Tentative Tract Map 36969 (TTM 36969) for the subdivision of 80-unit single family subdivision of a vacant 15.16- acre lot. A time extension of two (2) years was granted by City Council by Resolution 24693 on December 19, 2019.

The expiration date of TTM 36969 was July 18, 2021; however, Stantec Consulting Services, Inc., representing the Developer, timely filed a final map for TTM 36969 on February 14, 2019. 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.

The Former Developer had completed the Community Facility District (CFD) requirements and bonding requirements prior to final map approval by City Council. On January 11, 2024, the City Council adopted Resolution No. 25175, approving the final tract map and the related SIA with the Former Developer as Item 1J of the consent calendar. A copy of the recorded SIA, Agreement No. A9470, is included as Attachment B.

A site map is provided below and a vicinity map is included as Attachment C.

STAFF ANALYSIS:

The construction of required public improvements associated with Tract Map 36969 has not been completed at this time; the total cost of the public improvements to be completed is $5,700,000. In accordance with Section 66462 of the California Government Code, the Item 1V - Page 2
City Council Staff Report
February 13, 2025 -- Page 3
TM 36969
Owner and Contractor have requested that the City enter into a SIA securing the cost of those improvements to be completed to the City’s satisfaction. A copy of the new SIA with associated securities is included in Attachment D.

The following Security Instruments by the Former Developer are presently filed with the City Clerk to guarantee construction of the Works of Improvement:
• Faithful Performance Bond No. 0257527; $5,700,000
• Labor and Materials Bond No. 0257527; $2,850,000 (Same bond number as the Faithful Performance bond, but separate bond paperwork for Labor and Materials in particular)
• Monumentation Bond No. 0257528; $75,000
In accordance with the SIA to be filed by the Contractor, securities have been received in the form of separate bonds by the Engineering Services Department for filing with the City Clerk.

The Engineering Services Department recommends the City Council accept the assignment and assumption of the SIA, A9470, and securities by the Contractor from the Former Developer. Upon approval of the assignment and assumption, the Engineering Services Department will file with the City Clerk for the release of the existing SIA and securities by the Former Developer.

ENVIRONMENTAL ASSESSMENT:

A Mitigated Negative Declaration (MND), which was previously adopted by the City Council on July 19, 2017, is the controlling environmental document for the project. Pursuant to Section 15162 of the California Environmental Quality Act (CEQA) Guidelines, the preparation of a Subsequent MND, Addendum to the MND or further environmental documentation is not necessary because the changed circumstances of the project will not result in any new significant environmental effects or a substantial increase in the severity of previously identified significant effects. Approval of the final map will not result in any new environmental impacts beyond those already assessed in the adopted Mitigated Negative Declaration.

ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with City Council Priority 1D regarding Economic Development.

FISCAL IMPACT:

Approval of assignment and assumption of the SIA and securities for Tract Map 36969 will allow for the development of eighty (80) single-family residential parcels. Ultimately, upon completion of the residences, the City will receive yet to be determined additional Item 1V - Page 3
City Council Staff Report
February 13, 2025 -- Page 4
TM 36969
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
ATTACHMENTS:

A. Business Principal Disclosure
B. Recorded SIA (A9470)
C. Vicinity Map
D. New SIA
E. Resolution
Item 1V - Page 4
Attachment A
Item 1V - Page 5
Item 1V - Page 6

1. Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
Lennar Homes of California, LLC

2. Address of Entity (Principle Place of Business)
4140 Temescal Canyon Rd., Suite 410, Corona 92883

3. Local or California Address (if different than #2)

4. State where Entity is Registered with Secretary of State California
If other than California, is the Entitv also reaistered in California? n Yes n No

5. Type of Entity
O Corporation [BJ Limited Liability Company O Partnership D Trust D Other (please specify)

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response Is not a natural person, please Identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity Geoffrey Smith
D Officer D Director D Member D Manager
[nameJ
D General Partner D Limited Partner
IX] Other Vice President
D Officer D Director D Member O Manager
[name]
D General Partner D Limited Partner
• Other
D Officer D Director D Member D Manager
[name]
D General Partner D Limited Partner
• Other

CITY OF PALM SPRINGS- PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

(Revised 05/16/19)
Item 1V - Page 7

7. Owners/Investors with a 5% beneficial interest in the Aoolicant Entitv or a related entity

EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
A.

U.S. Home Corporation 100%
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
B.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
C.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl

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

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 1V - Page 8

LENNAR HOMES OF CALIFORNIA, LLC

CERTIFICATE OF INCUMBENCY
FEBRUARY 1, 2022
The undersigned, Mark Sustana, as the duly elected, qualified and acting Secretary of LENNAR HOMES OF CALIFORNIA, LLC, a California limited liability company (the "Company"), hereby certifies that:

The individuals listed on Exhibit A, attached hereto and made a part of hereof, are duly elected, qualified and acting officers of the Company as of the date hereof and are currently serving in the office(s) as shown next to their names.

IN WITNESS WHEREOF, the undersigned has executed this Certificate of Incumbency on behalf of the Company effective as of the date first written above. ~~~ Mark ustana, Secretary

ST A TE OF FLORIDA

COUNTY OF MJAMI-DADE
Sworn to and subscribed before me this 1st day of February 2022, by Mark Sustana, Secretary of Lennar Homes of California, LLC, a California limited liability company, on behalf of the Company. He is personally known to me and did not take an oathM_ ~,'I. ,,,,,,11111111,,,, ~\..ES ~,1 •;

1. It/~
i~ ~ ~~ •• • •-7'416'( 'Z ---~ ----------- - § ~--~~,ss,oNei;·.~ ~ NoTPUBLic ~ .• c,O ~6ER,; ~~- ~ ~ / t ~~ · -'% <P ••• 1 State of Florida ~*= •.• :*~ ~ ~ ~ ~ #HH060513 ; $ -;. 0 ·. % 8. $:' s:- ~ ~ 9-?,••,'?,,o°"ri ed \ti~('!'~•• ji ~ ~ '),- • • 11b//c Un\\11 • • '_,,,S5 ~ ~ .,ol,8• .. ... . •• ~"I'~ ~//,'. Ve, STf>.~ a ,,,,~ 11111111111111\\\~
Item 1V - Page 9
Name
Beckwitt, Richard
Jaffe, Jonathan M.

Bessette, Diane
Rothman, Fred
McCall, Jeff
Miller, Stuart A.

Atkin, Thomas
Barker, Dustin
Belloso, Elisabeth A.

Bencz, Brian
Burns, Michele
Chan, Garrett
Chu, Susy
Clemens, Jeffrey T.

Collins, David
Condon, Joy
Davey, Anita L.

Denius, Darryl S.

DeSouza, Jacqueline S.

DiBianco, Raphael
Garrett, Steven
Gatchalian, Ryan
George, Brian
Goldberg, Sandy
Green, Ryan E.

Gualco, Larry
Jasso, Gregory
Jones, Gary
Keith, Earl
Kiltz, Chad
Koller, Bridgit
Lavender, John
Lee, Al
Mayer, Joan
McGuff, Gregory
Miller, Merrill (Mike)

EXHIBIT A
Corporate Position
Co-Chief Executive Officer
Co-Chief Executive Officer
Chief Financial Officer
Chief Operating Officer
Executive Vice President
Executive Chairman
Vice President
Vice President
Vice President
Vice President
Vice President
Vice President
Vice President
Vice President
Vice President
Vice President
Vice President
Vice President
Vice President
Vice President
Vice President
Vice President
Vice President
Vice President
Vice President
Vice President
Vice President
Vice President
Vice President
Vice President
Vice President
Vice President
Vice President
Vice President
Vice President
Vice President
Item 1V - Page 10
Name
Bianchi, Richard
Burckle, Crystal
Chik, Alan
Combe, Ryan
Cornell, Christina
Dalby, Johnna
Davis, Casey
Extale, Vivian
Gardner, Jamne
Geist, David
Gonzalez-Salcedo, Gaddie!
Hamara, Brett
Han, Andrew
Hepworth, Jack
Highsmith, Angela
Hosseinzadeh, Dan
Houghton, Brad
Kegley, Derek
Langpap, Martin
Layne, McKenna
Martin, Tyler
Mastro, Michael
Matthes, Brandon
Mindt, Sandra D.

R., Jones, James
Sacriste, William
Schroeder, Randy
Scott, Diane L.

Weaver, Amy
Williams, Julianne
Murias, Manuel
Gao-Vogt, Feng
Petrolino, Michael
Schaan, Todd
Birt, Blair
Chizmeshya, Vanessa
Connolly, Mary
Gillis, Kemp
Corporate Position
Authorized Agent - Land Development Operations
Authorized Agent - Land Development Operations
Authorized Agent - Land Development Operations
Authorized Agent - Land Development Operations
Authorized Agent - Land Development Operations
Authorized Agent - Land Development Operations
Authorized Agent - Land Development Operations
Authorized Agent - Land Development Operations
Authorized Agent - Land Development Operations
Authorized Agent - Land Development Operations
Authorized Agent - Land Development Operations
Authorized Agent - Land Development Operations
Authorized Agent - Land Development Operations
Authorized Agent - Land Development Operations
Authorized Agent - Land Development Operations
Authorized Agent - Land Development Operations
Authorized Agent - Land Development Operations
Authorized Agent - Land Development Operations
Authorized Agent - Land Development Operations
Authorized Agent - Land Development Operations
Authorized Agent - Land Development Operations
Authorized Agent - Land Development Operations
Authorized Agent - Land Development Operations
Authorized Agent - Land Development Operations
Authorized Agent - Land Development Operations
Authorized Agent - Land Development Operations
Authorized Agent - Land Development Operations
Authorized Agent - Land Development Operations
Authorized Agent - Land Development Operations
Authorized Agent - Land Development Operations
Authorized Agent - Payroll Operations
Authorized Agent - Tax Operations
Authorized Agent - Tax Operations
Authorized Agent - Tax Operations
Authorized Agent
Authorized Agent
Authorized Agent
Authorized Agent
Item 1V - Page 11
Name Cor[!orate Position
Hamblin, Nicole Authorized Agent
Silber, Joshua R. Authorized Agent
Galloway, Lisa Authorized Agent
Denius, Darryl S. Assistant Secretary
Geist, David Assistant Secretary
Holley, Julie Assistant Secretary
Houk, Melanie Assistant Secretary
Leyva, Sandra Assistant Secretary
Lumpkin, Alexandra Assistant Secretary
Mayer,Joan Assistant Secretary
McGuff, Gregory Assistant Secretary
Santaella, Grace Assistant Secretary
Beckwitt, Richard Co-President
Jaffe, Jonathan M. Co-President
Item 1V - Page 12
Name
Olin, Brian
Parness, Jeremy
Plishner, Alexander
Purcell, Erica
Roos, Jeffrey
Sal, Carlos,
Salvesen, Bill
Sheaff, Thomas
Sheehan, Adam
Shepherd, David
Smith, Geoffrey
Smith, Monica
Stough, Kelley
Sustana, Mark
Torres, Mark
Tummolo, Robert
Willingham, Alan
Sustana, Mark
Bessette, Diane
Collins, David
Bitzer, Laurie
Cole, Alyxandra
Coleman, Charlie
Decker, Rebecca
Defrancesco, Andrea
Goodale, Leslie A.

Hein, Nicole
James, David
Lavender, Jennifer
Pennebaker, Lori
Smith, Monica
Taylor, Christine
Torres, Jennifer
Vance-Copen, Valarie
Velky, Michelle
Wasson, Bonnie
Willingham, Dorothy
Bencz, Brian
Corporate Position
Vice President
Vice President
Vice President
Vice President
Vice President
Vice President
Vice President
Vice President
Vice President
Vice President
Vice President
Vice President
Vice President
Vice President
Vice President
Vice President
Vice President
Secretary
Treasurer
Controller
Authorized Agent - Homebuilding/Sales Operations
Authorized Agent - Homebuilding/Sales Operations
Authorized Agent - Homebuilding/Sales Operations
Authorized Agent - Homebuilding/Sales Operations
Authorized Agent - Homebuilding/Sales Operations
Authorized Agent - Homebuilding/Sales Operations
Authorized Agent - Homebuilding/Sales Operations
Authorized Agent - Homebuilding/Sales Operations
Authorized Agent - Homebuilding/Sales Operations
Authorized Agent - Homebuilding/Sales Operations
Authorized Agent - Homebuilding/Sales Operations
Authorized Agent - Homebuilding/Sales Operations
Authorized Agent - Homebuilding/Sales Operations
Authorized Agent - Homebuilding/Sales Operations
Authorized Agent - Homebuilding/Sales Operations
Authorized Agent - Homebuilding/Sales Operations
Authorized Agent - Homebuilding/Sales Operations
Authorized Agent - Land Development Operations
Item 1V - Page 13

1. Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
U.S Home Corporation

2. Address of Entity (Principle Place of Business)
700 N.W. 107th Street, Suite 400, Miam, FL 33172

3. Local or California Address (if different than #2)

4. State where Entity is Registered with Secretary of State Delaware
If other than California, is the Entity a/so registered in California? n Yes n No

5. Type of Entity
1B) Corporation D Limited Liability Company D Partnership • Trust D Other (please specify)

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity Mark Torres
'
D Officer D Director D Member D Manager
[name]
D General Partner D Limited Partner
IX] Other Vice President
D Officer D Director D Member D Manager
[name]
D General Partner D Limited Partner
• Other
D Officer D Director D Member D Manager
[name]
D General Partner D Limited Partner
• Other

CITY OF PALM SPRINGS- PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

(Revised 05/16/19)
Item 1V - Page 14

7. Owners/Investors with a 5% beneficial interest in the Aoolicant Entitv or a related entitv

EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/investor) [percentage of beneficial interest in entity and name of entitvl
A.

Lennar Corporation 100%
[name of owner/investor) [percentage of beneficial interest in entity and name of entitvl
B.
[name of owner/investor) [percentage of beneficial interest in entity and name of entity]
C.
[name 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 entitvl
E.
[name of owner/investor) [percentage of beneficial interest in entity and name of entitvl

I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Date

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 1V - Page 15

CERTIFICATE OF INCUMBENCY
OF
U.S. HOME CORPORATION
February 1, 2022
The undersigned, Mark Sustana, as the duly elected, qualified and acting Secretary of U.S.

Home Corporation, a Delaware corporation (the "Cor_poration"), hereby certifies that:

The individuals listed on Schedule I attached hereto and made a part hereof, are the duly elected, qualified and acting officers of the Corporation, and hold the offices set forth opposite their name, serving continuously in such capacity since their elections.

IN WITNESS WHEREOF, the undersigned has executed this Certificate of Incumbency on behalf of the Corporation, effective as of the date first written above.

STATE OF FLORIDA

COUNTY OF MIAMI-DADE
~
~ -:Lt:~ ---- . =-- .. JVJark Sustana Secretary
Sworn to and subscribed before me this 1st day of February 2022, by Mark Sustana, Secretary to U.S. Home Corporation, a Delaware corporation, on behalf of the Corporation. He is personally known to me and did not take an oath.

NOTARY PUBLIC
State of Florida
Item 1V - Page 16
Schedule I
Officers of U.S. Home Corporation
Name
Beckwitt, Richard
Jaffe, Jonathan M.

Bessette, Diane
Rothman, Fred
McCall, Jeff
Burgess, William 0.

Gualco, Larry
Tarbox, Kevin
Miller, Stuart A.

Alexander, Jeffrey
Anderson, Mark
Atkin, Thomas
Aune, Jonathan A.

Barker, Dustin
Barron, Brian
Bates, Tim
Bavouset, James S.

Bernstein, Susan
Broddie, Joy
Bruskotter, Kurt
Calabro, Robert J.

Clemens, Jeffrey T.

Coleman, Charlie
Collins, David
Condon, Joy
DeSouza, Jacqueline S.

DeVoe, Mike
Dowell, Michael R.

Eckert, Sherrie
Farrell, Todd
Funderburk, Angela
Gansheimer, Tom
Goldberg, Sandy
Goldfinger, Joel
Gonzalez, Carlos
Gonzalez-Salcedo, Gaddie!
Green, Ryan E.

Grove, David
Gunderson, Jeffery
Corporate Position
Co-Chief Executive Officer
Co-Chief Executive Officer
Chief Financial Officer
Chief Operating Officer
Executive Vice President
Senior Vice President
Senior Vice President
Senior Vice President
Executive Chairman
Vice President
Vice President
Vice President
Vice President
Vice President
Vice President
Vice President
Vice President
Vice President
Vice President
Vice President
Vice President
Vice President
Vice President
Vice President
Vice President
Vice President
Vice President
Vice President
Vice President
Vice President
Vice President
Vice President
Vice President
Vice President
Vice President
Vice .President
Vice President
Vice President
Vice President
Item 1V - Page 17
Hayden, Brian Vice President
Held, Jolene Vice President
Hirons, Parker Vice President
Houck, Ryan Vice President
Hutton, Robert Vice President
Johnson, Michael W. Vice President
Johnson, Robert W. Vice President
Jones, Alan Vice President
Juarez, Christina Vice President
Keith, Earl Vice President
Keller, Richard Vice President
Kirschner, Terrence V Vice President
Knipe, James Vice President
Law, Pui-Ling Vice President
Lee, Andrea M. Vice President
Luciani, Michael Vice President
McDonald, Mark Vice President
McElwain, Brian Vice President
McGuff, Gregory Vice President
McMurray, Darin L. Vice President
McPherson, Greg Vice President
Meyers, Michael G. Vice President
Mignone, Anthony Vice President
Mitchell, Andrew Vice President
Newman, Mitchell Vice President
Olin, Brian Vice President
Parker, James Vice President
Parness, Jeremy Vice President
Plishner, Alexander Vice President
Reamer, Michael Vice President
Roos, Jeffrey Vice President
Rothman, Fred Vice President
Rothrum, Scott Vice President
Seeger, Steve Vice President
Smith, Ryan Vice President
Smith, Steven Robert Vice President
Stearns, Michael A. Vice President
Sustana, Mark Vice President
Tauscher, Patricia Vice President
Thompson, Brian Vice President
Tilghman, Michael Vice President
Tinana, Andy Vice President
Torres, Mark Vice President
Item 1V - Page 18
Wineman, Matthew
Wolf, Philip
Sustana, Mark
Bessette, Diane
Collins, David
Barron, Brian
Bernstein, Susan
Bradfield, Sherry
Byham, Jason R.

Carmichael, Susan
Cerna, Tony
Coleman, Charlie
Connell, Corey
Davis, Kate
Dingus, Seth
Eller, Jennifer
F errine, Kisha
Fulghum, Joe
Funderburk, Angela
Gillen, Christopher
Grove, David
Holcomb, Jones
Irwin, Michael
Jeremy, Palmer,
Johnson, Michael W.

Jones, Jill
Jones, Judith
Mannarino, Donna
Mark, Saunderson,
McCam1, Joanie
Miska, Barbara
Morin, Jeffrey A.

O'Brien, Patrick
Pace, Ericka
Padgett, Shari
Palinkas, Patricia
Perez-Negron, Belkys D.

Raub-Colletti, Melanie
Romano, Dana
Salgado, Laura
Siemering, Jennifer
Stearns, Michael A.

Stream, Kevin
Vice President
Vice President
Secretary
Treasurer
Controller
Authorized Agent - Homebuilding/Sales Operations
Authorized Agent - Homebuilding/Sales Operations
Authorized Agent - Homebuilding/Sales Operations
Authorized Agent - Homebuilding/Sales Operations
Authorized Agent - Homebuilding/Sales Operations
Authorized Agent - Homebuilding/Sales Operations
Authorized Agent - Homebuilding/Sales Operations
Authorized Agent - Homebuilding/Sales Operations
Authorized Agent - Homebuilding/Sales Operations
Authorized Agent - Homebuilding/Sales Operations
Authorized Agent - Homebuilding/Sales Operations
Authorized Agent - Homebuilding/Sales Operations
Authorized Agent - Homebuilding/Sales Operations
Authorized Agent - Homebuilding/Sales Operations
Authorized Agent - Homebuilding/Sales Operations
Authorized Agent - Homebuilding/Sales Operations
Authorized Agent - Homebuilding/Sales Operations
Authorized Agent - Homebuilding/Sales Operations
Authorized Agent - Homebuilding/Sales Operations
Authorized Agent - Homebuilding/Sales Operations
Authorized Agent - Homebuilding/Sales Operations
Authorized Agent - Homebuilding/Sales Operations
Authorized Agent - Homebuilding/Sales Operations
Authorized Agent - Homebuilding/Sales Operations
Authorized Agent - Homebuilding/Sales Operations
Authorized Agent - Homebuilding/Sales Operations
Authorized Agent - Homebuilding/Sales Operations
Authorized Agent - Homebuilding/Sales Operations
Authorized Agent - Homebuilding/Sales Operations
Authorized Agent - Homebuilding/Sales Operations
Authorized Agent - Homebuilding/Sales Operations
Authorized Agent - Homebuilding/Sales Operations
Authorized Agent - Homebuilding/Sales Operations
Authorized Agent - Homebuilding/Sales Operations
Authorized Agent - Homebuilding/Sales Operations
Authorized Agent - Homebuilding/Sales Operations
Authorized Agent - Homebuilding/Sales Operations
Authorized Agent - Homebuilding/Sales Operations
Item 1V - Page 19
Taylor, Christine
Torres, Mark
Williams, Sarah
Anijs, Wensly
Barron, Brian
Blaker, Ken
Bonin, Rob
Bradfield, Sherry
Brooks, Eric
Carmichael, Susan
Cipollone, Brian
Coleman, Charlie
Davis, Casey
Davis, Kate
Deitch, Jim
Destina, Matthew
Eller, Jennifer
Grove, David
Higgins, Lisa
Hirons, Parker
Holcomb, Jones
Johnson, Michael W.

Kenneth, Blaker,
Lohr, John
Mignone, Anthony
Mott, Richard
Newman, Mitchell
Pape, Kevin
Raub-Colletti, Melanie
Salgado, Laura
Murias, Manuel
Agatstein, Gary A.

Gao-Vogt, Feng
Petrolino, Michael
Schaan, Todd
Andrea, Pasciak,
Boedder, Max
Calva, Laura
Castillo, Michele
Chelsea, Overbey,
Davis, Artimease
Davis, Suzanne
DeMore, Julie A.

Authorized Agent - Homebuilding/Sales Operations
Authorized Ag~nl - Homebuilding/Sales Operations
Authorized Agent - Homebuilding/Sales Operations
Authorized Agent - Land Development Operations
Authorized Agent - Land Development Operations
Authorized Agent - Land Development Operations
Authorized Agent - Land Development Operations
Authorized Agent - Land Development Operations
Authorized Agent - Land Development Operations
Authorized Agent - Land Development Operations
Authorized Agent - Land Development Operations
Authorized Agent - Land Development Operations
Authorized Agent - Land Development Operations
Authorized Agent - Land Development Operations
Authorized Agent - Land Development Operations
Authorized Agent - Land Development Operations
Authorized Agent - Land Development Operations
Authorized Agent - Land Development Operations
Authorized Agent - Land Development Operations
Authorized Agent - Land Development Operations
Authorized Agent - Land Development Operations
Authorized Agent - Land Development Operations
Authorized Agent- Land Development Operations
Authorized Agent - Land Development Operations
Authorized Agent - Land Development Operations
Authorized Agent - Land Development Operations
Authorized Agent - Land Development Operations
Authorized Agent - Land Development Operations
Authorized Agent - Land Development Operations
Authorized Agent - Land Development Operations
Authorized Agent - Payroll Operations
Authorized Agent - Tax Operations
Authorized Agent - Tax Operations
Authorized Agent - Tax Operations
Authorized Agent - Tax Operations
Authorized Agent
Authorized Agent
Authorized Agent
Authorized Agent
Authorized Agent
Authorized Agent
Authorized Agent
Authorized Agent
Item 1V - Page 20
Dixon, Traci Authorized Agent
Faulkenberry, Holly Authorized Agent
Fredin, Melissa K. Authorized Agent
Frink, Marie Authorized Agent
Gilley, Bradley Authorized Agent
Gillis, Kemp Authorized Agent
Goekler,Andrea Authorized Agent
Grona, Terri Authorized Agent
Guerrero, Beatrice Authorized Agent
Helmer, Taylor Authorized Agent
Jenkins, Tamara Authorized Agent
Jeter, Tammy Authorized Agent
Lee, Donna Authorized Agent
Long, Lindsay Authorized Agent
Majestic, Kimberly Authorized Agent
Medieros, Jessica Authorized Agent
Molina, Sidia Authorized Agent
Moseley, Mary Lynn Authorized Agent
Richardson, Renee Authorized Agent
Rodriguez, Monica Authorized Agent
Russell, Kathleen Authorized Agent
Schweter, Dawn Authorized Agent
Silvestre, Victoria Authorized Agent
Smith, Christopher Authorized Agent
Sparks, Ryan Authorized Agent
Tabler, Dawn Authorized Agent
Test, Emily Authorized Agent
Willis, Cyrena Authorized Agent
Rivera~Ortiz, Lesly Authorized Agent
Tyler, Judd Authorized Agent
Bavouset, James S. Assistant Secretary
Bernstein, Susan Assistant Secretary
Funderburk, Angela Assistant Secretary
Getelman, Marcie Assistant Secretary
Goldfinger, Joel Assistant Secretary
Holley, Julie Assistant Secretary
Houk, Melanie Assistant Secretary
Leyva, Sandra Assistant Secretary
Lumpkin, Alexandra Assistant Secretary
Mayer, Joan Assistant Secretary
Mignone, Anthony Assistant Secretary
O'Connell, Michael M. Assistant Secretary
Palinkas, Patricia Assistant Secretary
Item 1V - Page 21
Santaella, Grace
Beckwitt, Richard
Jaffe, Jonathan M.

Sustana, Mark
Jarvis, David
Bastidas, Emies
Best, Katie R.

Boesel, Sherri
Coderre, Donna
Collier, Georgina
Ferreira, Alexis
Foster, Sharon
Frink, Marie
Gillespie, Robin
Goekler, Andrea
Loyd, Joann
Moore, Connie
Olliver, Marilyn
Orme, Mary
Rodriguez, Ana
Rodriguez, Vanessa
Roulette, Jane
Steinert, Jennifer
Assistant Secretary
Co-Prt:si<lt:nl
Co-President
General Counsel
Authorized Agent - Purchase Agreements
Authorized Agent - Closing Documents
Authorized Agent - Closing Documents
Authorized Agent - Closing Documents
Authorized Agent - Closing Documents
Authorized Agent - Closing Documents
Authorized Agent - Closing Documents
Authorized Agent - Closing Documents
Authorized Agent - Closing Documents
Authorized Agent - Closing Documents
Authorized Agent - Closing Documents
Authorized Agent - Closing Documents
Authorized Agent - Closing Documents
Authorized Agent - Closing Documents
Authorized Agent - Closing Documents
Authorized Agent - Closing Documents
Authorized Agent - Closing Documents
Authorized Agent-Closing Documents
Authorized Agent-Closing Documents
Item 1V - Page 22

1. Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
Lennar Corporation

2. Address of Entity (Principle Place of Business)
700 N.W. 107th Street, Suite 400, Miami, FL 33172

3. Local or California Address (if different than #2)

4. State where Entity is Registered with Secretary of State Delaware
If other than California, is the Entity also reqistered in California? n Yes n No

5. Type of Entity
[BJ Corporation D Limited Liability Company D Partnership D Trust D Other (please specify)

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity See list attached hereto as Exhibit A & B D Officer D Director D Member O Manager (Revised 05/16/19)
[name]
D General Partner D Limited Partner
• Other
D Officer D Director D Member D Manager
[name]
D General Partner D Limited Partner
• Other
D Officer D Director D Member D Manager
[name]
D General Partner D Limited Partner
• Other

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Item 1V - Page 23

7. Owners/Investors with a 5% beneficial interest in the Applicant Entitv or a related entJtv

EXAMPLE
JANEDOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
A.

Stuart Miller 61.2%
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
B.

The Vanguard Group 11.2%
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
C.

Capital World Investors 10.2%
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
D.

BlackRock, Inc. 8.0%
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
E.

GAMCO Investors, Inc. 7.5%
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl

I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Date
11 /08/24
affe

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 1V - Page 24
Exhibit A:

Lennar Corporation Directors:

1. Stuart Miller

2. Rick Beckwitt

3. Irving Bolotin

4. Steven L. Gerard

5. Theron I. "Tig'' Gilliam

6. Sherrill W. Hudson

7. Jon Jaffe

8. Sidney Lapidus

9. Teri P. McClure

10. Armando Olivera

11. Jeffrey Sonnenfeld

12. Scott D. Stowell
Lennar Corporation Officers:

Name
Stuart Miller
Richard Beckwitt
Jonathan M. Jaffe
Diane J. Bessette
David M. Collins
Mark Sustana
Jeff McCall
Fred Rothman
Michael Petrolino
Sandra Leyva
Alexandra Lumpkin
Joan Mayer
Michael M. O'Connell
Grace Santaella
Jacqueline S. Desouza
Manny Murias
Todd Schaan
Paul Dodge
David Jarvis
Title
Executive Chairman
Chief Executive Officer
President
Chief Financial Officer, Treasurer & Vice President
Controller
Vice President, General Counsel & Secretary
Executive Vice President
Chief Operating Officer
Authorized Agent
Assistant Secretary
Assistant Secretary
Assistant Secretary
Assistant Secretary
Assistant Secretary
Senior Assistant Treasurer
~uthorized Agent - Payroll Operations
Authorized Agent - Tax Operations
Authorized Agent- Purchase Agreements
Authorized Agent - Purchase Agreements
Item 1V - Page 25
Exhibit B:

Lennar Corporation is a public company with its Class A and Class B common stock listed on the New York Stock Exchange under the symbols "LEN" and "LEN.B," respectively. Stuart Miller, the Company's Executive Chairman, beneficially owned, as of May 31, 2020, approximately 7.6% of the Company's outstanding Class A and Class B common stock, taken together.

The security ownership of the company's greater than 5% stockholders, as determined separately for the Class A and Class B common stock, as of February 15, 2023 as disclosed in the Company's 2023 proxy statement and below.

Sernrit~ O" uer.c;hip of Princip:11 Stol'l,lloldrr~
The following table shows stock ownership information as of February 15, 2023, with respect to each of our stockholders who is known by us to be a beneficial owner of more than 5% of either class of our outstanding common stock To the best of our knowledge, and except as otherwise indicated. the persons named in this table have sole voling and investment power with respect to all shares of common stock shown as beneficially owned by them Amounl and Nature
or Beneficial Percent Of
Name litle of Class Ownership Class111
Stuart Miller Class B Common Stock 21.861,445<2) 61.2%
5505 Blue Lagoon DriVe
Miami. FL33126
GAMCO Investors, Inc. Class B Common Stock 2.665,074(3) 7.5% One Corporate Cenler
Rye, NY 10580-1435
The Vanguard Group Class A Common Stock 28.212,757(4) 11 2% 100 Vanguard Blvd.

Malvern. PA 19355
Capital World Investors Class A Common Stock 25.779.919(5) 10.2% 333 South Hope Slreel 55th Floor
Los Angeles. CA 90071
BlackRock, Inc. Class A Common Stock 20.105.068(6) 8.0% 55 Easl 52nd Street
New York. NY 10055
Below is a link to the proxy statement on the SEC's website. hUps:/fwww.sec.goy I ~r_ch i1£esled gar /d ata{9.20:Z6_0/0001_19312523055066/d 378085d d efJ 4a. htm#to c378085_30
For any other shareholders owning more than 5% of the voting shares of the Company, please refer to Schedule 13Gs or Schedule 13Ds filed with the Securities and Exchange Commission.

Attachment B
Item 1V - Page 26
Item 1V - Page 27
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
2024-0098353
04/ 04/ 2024 10 :40 AM Fee : $ 0 . 00

Recorded in Official Records
County of Riverside
Pet.er Aldana
Assessor-County Clerk-Recorder
1111 ~~~ l!Ml~~~h~~~~~r111 II I

SPACE ABOVE FOR RECORDER ONLY
Filing fee EXEMPT per Government Code 6103

SUBDIVISION IMPROVEMENT AGREEMENT
EHOF CANYON VIEW, LLC a Delaware Limited
Liability Company
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 1V - Page 28

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 1V - Page 29

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 ................... ............................................................................................. 1 O

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 1V - Page 30

SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is entered into this I J.\-h day of CS: 0--t\UA.QI , 2024, by and between the CITY OF PALM SPRINGS, a California charter city ("CITY"), and EHOF CANYON VIEW, LLC a Delaware Limited Liability Company (Subdivider").

RECITALS
A. Subdivider is the owner of, and has obtained approval of a subdivision map for Tract Map No. 36969 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. Pursuant to the Conditions, Subdivider, by the Map, has offered dedication to the City of Palm Springs: An easement for public utility and sanitary purposes, together with the right of ingress and egress for service and emergency vehicles and personnel, over lots "A" through "C" inclusive and; An easement for public purposes shown as 1 O' PUE, for public utility and sanitary purposes along and adjacent to lots "A" through "C" inclusive.

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 1 Item 1V - Page 31
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 $ 1,400,000.00.

1.2 Other Obligations Referenced in Conditions of Tentative Map Approval. In addition to the foregoing , Subdivider shall satisfy all of the conditions of approval on the Tentative Map for the Property. The conditions of approval associated with the Tentative Map are included as Exhibit "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.
2 Item 1V - Page 32

1.6 Changes in the Work. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Paragraph 4, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer as determined necessary to accomplish the purposes of this Agreement and to protect the public health, safety, or welfare. The City Engineer shall notify Subdivider or Subdivider's contractor in writing (by Correction Notice) at the time a determination has been made to require changes in the work. No field changes performed or proposed by 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.
3 Item 1V - Page 33
The inspection of the work by City shall not relieve Subdivider or the contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted.

1.12 Compliance With Law. In addition to the express provIsIons of this Agreement and the Plans, Subdivider shall cause construction of the Works of Improvement to be completed in accordance with all other applicable federal, state, and local laws, ordinances, rules and regulations.

1.13 Suspension of Work. City Engineer shall have authority to order suspension of the work for failure of the contractor to comply with law pursuant to Section 1.11 . In case of suspension of work for any cause whatever, Subdivider and its contractor shall be 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 4 Item 1V - Page 34
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 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 1V - Page 35
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. 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.
6 Item 1V - Page 36

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 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 $5,700,00.00 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 $2,850,000.00 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 $75,000.00 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 $855,000.00 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 7 Item 1V - Page 37
Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858. Any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard & Poor's.
(b) Letters of Credit. For Security Instruments which are letters of credit, any letter of credit shall be an original separate unconditional, irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification 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 th is Section 4. 8 Item 1V - Page 38

4.4 Letters of Credit.
(a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit (expiring in not less than one (1) year, unless City agrees to a lesser term in City's sole and absolute discretion) is not delivered not less than thirty (30) days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit delivered hereunder, issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit.
(b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Subdivider. If the City 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.
9 Item 1V - Page 39
(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 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 10 Item 1V - Page 40
not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law.

8. Default.

8.1 Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, such remedy shall be in addition to, and not exclusive of, City's right to pursue any other administrative, legal, or equitable remedy to which it may by entitled.

8.2 City Right to Perform Work. In addition to whatever other rights or remedies it may have for Subdivider's default hereunder, in the event Subdivider shall fail to timely perform any work required to be performed under this Agreement and such failure shall continue for a period of twenty (20) days after receipt of written notice of default from City, or thereafter Subdivider shall fail to diligently and continuously pursue the cure of any such default to completion, City shall have the right to enter into the Property and perform any of the uncompleted work by force account or contract or both and thereupon recover from Subdivider or any Security Instrument, or both, the full cost and expense thereby incurred by City.

8.3 Attorney's Fees and Costs. In the event that Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney's fees. In the event of any dispute arising out of Subdivider's performance of its obligations under this Agreement or under any 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 11 Item 1V - Page 41
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 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 1V - Page 42
IN WITNESS WHEREOF, the parties hereto have executed this Subdivision Improvement Agreement as of the date first above written.

ATTEST: CITY OF PALM SPRINGS,

CALIFORNIA
"!GNED INC ~. '.E ,?ART By ____ ________ _
C:lGNED I"•' c-- J r.-:---~ • -~ ..Jl"" &L.a{li ..... "( Brenda Pree, City Clerk
City of Palm Springs
Teresa Gallavan, Interim City Manager
City of Palm Springs
APPROVED AS TO FORM:
"!GNED IN CO'', ~-;::::i'JWf
Jeff Ballinger, City Attorney
City of Palm Springs
SUBDIVIDER:

EHOF CANYON VIEW, LLC a Delaware Limited Liability Company 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: ~~a;= By Si~~ed)
Name:
------------ Title: coo ------------
(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)
Mailing Address:

Name:_A_w_r_~_~_y_A_U_l_~--
/'?t)t Title: L-'-- -------=----------
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 1V - Page 43
IN WITNESS WHEREOF, the parties hereto have executed this Subdivision Improvement Agreement as of the date first above written.

ATTEST:

CALIFORNIA
By~~
Bre'ndaPree;GityC1erk
City of Palm Springs
APPROVED AS TO FORM:

JeffQ~~
City of Palm Springs
SUBDIVIDER:

CITY OF PALM SPRINGS,
Scott C. Stiles, City Manager
City of Palm Springs

APPROVED BY C TY COUNCIL
J~bl¼j II. 2°2 'I 1-t-lJtl I. J 7 A 1l/7o
EHOF CANYON VIEW, LLC a Delaware Limited Liability Company 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.

SIGNED IN COUNTERPART
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)
Mailing Address:

SIGNED IN COUNTERPART
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 1V - Page 44
EHOF Canyon View, LLC
770 Tamalpais Drive, #401 B
Corte Madera, CA 94925
~ 561 _0600
(_) _-_ (fax)
14 Item 1V - Page 45

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 Marin
on April 2, 2024 before me Amy Christine Baldwin, Notary Public '------------------- (insert name and title of the officer)
personally appeared Anthony Avila and Oscar Vasquez
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 signature(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 State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
(Seal)
Item 1V - Page 46
,.
. '~
••
Item 1V - Page 47
EXHIBIT "A"
TRACT MAP 37706 LEGAL DESCRIPTION
Tract Map No. 36969, as recorded in Map Book fil Pages _11._ through _1j inclusive, records of Riverside County, California.
16 Item 1V - Page 48
EXHIBIT"B"
TENTATIVE TRACT MAP 36969 CONDITIONS OF APPROVAL
17 Item 1V - Page 49
-
RESOLUTION NO. 24265, 24266, 24267 and 24268

EXHIBIT A

CONDITIONS OF APPROVAL
Case 5.1384 PD-381 GPA/3.3902 MAJNTTM 36969

SUMMIT LAND PARTNERS ON BEHALF OF EHOF CANYON VIEW, LLC

SOUTHWEST CORNER OF EAST PALM CANYON DRIVE & MATTHEW DRIVE July 5, 2017
Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, the Director of Building and Safety, 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 (5.1384 PD-381/3.3902 MAJNTTM 36969), except as modified with the approved Mitigation Monitoring Program and the conditions below.

ADM 2. Reference Documents. The site shall be developed and maintained in accordance with the approved plans, including site plans, tentative tract maps, architectural elevations, exterior materials and colors, landscaping, and grading on file in the Planning Division except as modified by the approved Mitigation Measures and conditions below.

ADM 3. 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 4. Minor Deviations. The Director of Planning or designee may approve minor deviations to the project description and approved plans in accordance with the provisions of the Palm Springs Zoning Code.

ADM 5. Tentative Map. This approval is for Vesting Tentative Tract Map 36969, date stamped April 10, 2017. This approval is subject to all applicable regulations of the Subdivision Map Act, the Palm Springs Municipal Code, and any other applicable City Codes, ordinances and resolutions.

Item 1V - Page 50
Resolution No. 24265, 24266, 24267,
-
and 24268
Conditions of Approval

ADM 6. Indemnification. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or 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 5.1384 PD 381 ZC / 3.3902 MAJ I VTTM 36969.

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 or 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 fu lly in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the 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 indemnification rights herein.

ADM 7. 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, bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, 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 8. Time Limit on Approval. Approval of the Planned Development District (PD), Vesting Tentative Tract Map (VTTM) and Major Architectural Applications (MAJ) shall be valid for a period of two (2) years from the effective date of the approval. Extensions of time for the POD and MAJ may be granted by the Planning Commission upon demonstration of good cause.

Extensions of time for the VTTM may be approved pursuant to Code Section

9.63.110. Such extension shall be required in writing and received prior to the expiration of the approval.

ADM 9. 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. Permits will not be issued until the appeal period has concluded.

Item 1V - Page 51
Resolution No. 24265, 24266, 24267
-, and 24268
Conditions of Approval

ADM 10. 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 total building permit valuation as calculated pursuant 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 Planning 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 11 . 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 Ordinance, 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 and shown on the City's master plan).

ADM 12. CC&R's. Prior to recordation of a final Tentative Tract Map or issuance of building permits, the applicant shall submit a draft declaration of covenants, conditions and restrictions ("CC&R's") to the Director of Planning for approval in a format to be approved by the City Attorney. The draft CC&R package shall include:
a. The document to convey title
b. Deed restrictions, easements, of Covenant Conditions and Restrictions to be recorded.
c. Provisions for joint access to the proposed parcels, and any open space restrictions.
d. A provision, which provides that the CC&R's may not be terminated or substantially amended without the consent of the City and the developer's successor-in-interest.

Approved CC&R's are to be recorded following approval of the final map.

The CC&R's may be enforceable by the City, shall not be amended Item 1V - Page 52
Resolution No. 24265, 24266, 24267, and 24268
Conditions of Approval
Page4
without City approval, and shall require maintenance of all property in a good condition and in accordance with all ordinances,
ADM 13. CC&R's Deposits & Fees. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $3,640, for the review of the CC&R's by the City Attorney. A $1 ,165 filing fee shall also be paid to the City Planning Department for administrative review purposes.

ADM 14. Notice to Tenants. The applicant shall provide all tenants with a copy of the Conditions of Approval for this project.

ADM 15. Community Facilities District (CFO). The project will bring additional residents, visitors and activities to the community that will potentially impact the needs for public safety services beyond the City's ability to provide such services; and because such services, including police protection, criminal justice, fire protection and suppression, ambulance, paramedic and other safety services, and recreation, library, cultural services are near capacity, the City has established a Community Facilities District to which this project shall be annexed, subject to conditions of approval.

ENVIRONMENTAL ASSESSMENT CONDITIONS
ENV 1. Multi-species Habitat Conservation Fees. The project is within the boundaries of the both the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) and the Tribal Habitat Conservation Plan (THCP). The applicant shall pay applicable development mitigation fees, prior to the issuance of grading permit for THCP and prior to certificate of occupancy for CVMSHCP.

ENV 2. The applicant shall be required to prepare a cultural resources inventory of the project area by a qualified archaeologist prior to any development activities on the site. Copies of any cultural resource documentation (report and site records) generated in connection with this project shall be provided to the Agua Caliente Tribal Historic Preservation Office.

ENV 3. Prior to issuance of grading permits, the applicant/developer shall be required to enter into a contract and retain an approved Agua Caliente Native American Cultural Resources Monitor(s) for any ground disturbing activities (including archaeological testing). The Monitor shall be on-site during all initial ground disturbing activities and excavation of each portion of the project site, including clearing, grubbing, tree removals, grading, trenching, stockpiling of materials, rock crushing, structure demolition, etc. Should buried cultural deposits be encountered, the Monitor may divert, redirect, or halt destructive construction activities to allow for the identification, evaluation and potential recovery of cultural resources in coordination with the Agua Caliente Tribal Historic Preservation Office and an appropriate cultural resources professional. A mitigation plan may be required for treatment of Item 1V - Page 53
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Conditions or Approval

encountered resources for submission to the State Historic Preservation Officer and the Agua Caliente Tribal Historic Preservation Office.

ENV 4. California Fish & Game Fees Required. The project is required to pay a fish and game impact fee as defined in Section 711.4 of the California Fish and Game Code. This CFG impact fee plus an administrative fee for filing the action with the County Recorder shall be submitted by the applicant to the City in the form of a money order or a cashier's check payable to the Riverside County Clerk prior to the final City action on the project (City Council decision). This fee shall be submitted by the City to the County Clerk with the Notice of Determination. Action on this application shall not be final until such fee is paid. The project may be eligible for exemption or refund of this fee by the California Department of Fish & Game. Applicants may apply for a refund by the CFG at www.dfg.ca.gov for more information.

ENV 5. The applicant/developer shall be required to provide a cultural resources inventory of the project area by a qualified archaeologist prior to any development activities in the area.

ENV 6. Mitigation Monitoring. The mitigation measures of the environmental assessment shall apply. The applicant shall submit a signed agreement that the mitigation measures outlined as part of the Mitigated Negative Declaration (MND) will be included in the plans prior to City Council consideration of the environmental assessment. Mitigation measures are defined in the CEQA Evaluation and summarized here as follows:

AIR QUALITY:

Mitigation Measures Ill (b):

The following measures will further reduce emission of potentially harmful pollutants and should be included in project grading and dust control plans, as well as in construction and construction traffic staging:

Mitigation Measures
MM 111-1. SCAQMD Rule 403 (403.1 specific to the Coachella Valley): A dust control Plan shall be prepared and implemented during all construction activities, include ground disturbance, grubbing, grading, and soil export. Said plan shall include but not be limited to the following best management practices:
• Chemically treat soil where activity will cease for at least four consecutive days;
• All construction grading operations and earth moving operations shall cease when winds exceed 25 miles per hour;
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• Water site and equipment morning and evening and during all earth-moving operations;
• Operate street-sweepers on paved roads adjacent to site; • Establish and strictly enforce limits of grading for each phase of development; and/or
• Stabilize and re-vegetate areas of temporary disturbance needed to accomplish each phase of development.
• Wash off trucks as they leave the project site as necessary to control fugitive dust emissions.
• Cover all transported loads of soils, wet materials prior to transport, provide adequate freeboard (space from the top of the material to the top of the truck) to reduce PM10 and deposition of particulate matter during transportation. • Use track-out reduction measures such as gravel pads at project access points to minimize dust and mud deposits on roads affected by construction traffic.

Monitoring Ill (b):

A. Prior to the issuance of grading permits and authorization to proceed, the City Engineer shall review and approve project staging and detailed dust management plans. The dust control plan or equivalent documentation shall also address issues of construction vehicle staging and maintenance.

Implementation of these mitigation measures will ensure that impacts associated with PM10 are mitigated to a less than significant level.

Responsible Parties: City Engineer, General Contractor
B. The City or its designee shall conduct daily inspections of the project and intervene when contractor deviates from City-approved plans. Daily logs shall be maintained on the activities and their conformance to the project's dust control plan.

Responsible Parties: City Engineer staff or designee
BIOLOGICAL:

MM IV-1 Construction Monitoring
• A biologist will conduct a training session on sensitive resources within the proposed project for all project personnel prior to initiation of each phase of construction on the site.
• The limits of the project disturbance area will be clearly defined and marked in the field. All project activities will be restricted to the established boundary. Project activities will be conducted during daylight hours. • All vehicles operated within all project areas will be inspected daily and maintained, if necessary to avoid leaks of fuel, hydraulic fluids, oil, or coolants.

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• Work areas will be kept clean and there will be careful control of waste products at all work sites.
• A biologist will be on site during all site disturbing activities. The biologist will have the authority to stop work and will immediately contact the USFWS if unintended impacts to listed species occur.

MM IV-2 Water Quality
• Earth moving should occur in a manner that prevents debris and excess materials that may interfere with drainage or impact water quality from entering drainage ways outside of the proposed project. • Re-contoured channel slopes shall be stabilized by compacting, seeding or other suitable means prior to the rain season.
• Place all excess material in safe disposal sites and stabilize these sites to prevent erosion. Avoid locations where erosion will carry material into channels.

MMIV-3 Mitigation for Impacts to Sensitive Vegetation Communities • Implementation of dust and erosion control measures to minimize indirect temporary impacts to adjacent vegetation communities.
• Control of invasive and non-native plant species to reduce the potential for these species to spread to adjacent vegetation communities.

MM IV-4 Casey's June beetle
• Impact to the Casey's June beetle will be mitigated through the acquisition of off-site habitat within the limits of Casey's June beetle critical habitat or as otherwise approved by USFWS. The location, size, and biological resources of the mitigation site will be to the satisfaction of the USFWS.

The applicant shall provide the City with written approval by the USFWS service, demonstrating that all impacts to the species have been addressed, prior to any site disturbance on the site (including grubbing, removal of vegetation or any other activity not requiring a permit).

MM IV-5 Sensitive birds
• If tree removal is proposed during the breeding season, a raptor nest survey will be conducted by a qualified biologist no longer than a week prior to any tree removal to determine if any raptor nests are present. • If an active raptor nest is discovered during the survey, buffer of 500 feet will be established around the tree. No construction activity may occur within this buffer area until a biologist determines that the fledglings are independent of the nest.
• Clearing or grubbing proposed from August 15 through January 31 of any year shall not be subject to these mitigation measures.

MM IV-6 MBTA
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• If vegetation removal is conducted during breeding season (February 1 to August 15), a nest survey shall be conducted by a qualified biologist no longer than a week prior to any vegetation removal to determine if any nests are present.
• If an active nest is discovered during the survey, buffer as determined by a qualified biologist will be established around the nest until the young are independent of the nest site. No construction activity may occur within this buffer area until a biologist determines that the fledglings are independent of the nest.
• Clearing or grubbing proposed from August 15 through January 31 of any year shall not be subject to these mitigation measures.

MM Vl-7 Jurisdictional Waters
• Impacts to USAGE and RWQCB waters will be mitigated at a ratio of 3 to 1 for permanent impacts and 1 to 1 for temporary impacts. Impacts to CDFW waters will be mitigated at a ration 3 to 1 with the exception of the East Palm Canyon Channel and crest bush scrub that will be mitigated at 1 to 1 due to the lower tree density in these areas. The total mitigation proposed for impacts to jurisdictional waters is 3.317 acres including 3.01 acres of catcalls acacia thorn scrub and 0. 312 acres of crest bush scrub resource agencies. Mitigation for jurisdictional impacts includes impacts to

3. 01 acres of catclaw acacia thorn scrub.

MM Vl-8 Agua Caliente Tribal Habitat Conservation Plan
• Prior to the issuance of grading and building permits, the project proponent shall pay the most current Valley Floor Conservation Area mitigation fee to the Agua Caliente Band of Cahuilla Indians. • Do not plant wildlife-poisoning oleander plants within the project boundaries.
• Direct all project lighting downward so that it does not interfere with the nocturnal activities of animals living within the adjacent Santa Rosa Mountains.

CULTURAL RESOURCES:

MM V-1 If buried materials are discovered during any earth-moving operations associated with the project, all work in the area should be halted or diverted until a qualified archaeologist can evaluate the nature and significance of the finds.

MM V-2 An Approved Cultural Resources Monitor(r}, as indicated by the Agua Caliente Tribal Historic Preservation Office, shall be present during any survey and/or ground disturbing activities.

MM V-3 Should cultural resources be encountered during site construction in any portion of the site, work shall immediately Item 1V - Page 57
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Conditions of Approval

cease a qualified archaeologist shall be contacted to evaluate the significance of the materials. Any significant findings shall be documented and presented to the State Historic Preservation Office (SHPO), Bureau of Indian Affairs (BIA), the Agua Caliente Band of Cahuilla Indians and the City, and shall be resolved to their satisfaction.

MM V-4 Copies of any cultural resources documentation generated in connection with this project shall be given to the Agua Caliente Cultural Register.

GEOLOGY AND SOILS:

MMV! 1
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Reoompaotion of native soils shaJ.! ooour in aJ.! building areas.

Existing surfaoe soils shat! be over exoavated to a minimum of 4 feet below existing grade or a minimum of 3 feet beJow the f:ooting JeveJ, whiohever is tower.

Existing surfaoe soits shaJ.! be over exoavated to a minimum of 5 feet bey-ond exterior f:ootings.

The bottom of aJ.! sub exoa·1ation areas shall be soarified, moisture oonditioned and re oompaoted to at least 90% relative oompaotion (ASTM 1557) f:or an additionat of 1 foot.

Basement foundation areas shall be o•,1er exoavated to a minimum of 2 feet betow the footing Jevet.

The JateraJ extent of the basement sub grade preparation shaJ.! extend f:or a minimum of 2 feet be;1ond tho outer edge of exterior footing.

Note: Mitigation Measures MM Vl-1 to Vl-6 apply only to basement conditions, which are not contemplated under this
application. A corresponding deletion shall be made to the Initial Study. This does not constitute a significant change to the Project.

Native soil utilized, as engineered fill shall be free of deleterious and organic matter and free of rocks larger than 6 inches.

Imported fill materials shall be non-expansive, granular soils meeting uses classifications SM, SP-SM or SW-SM with a
maximum rick size of 3 inches and 5 to 35% passing the No. 200 sieve.

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MM V/-9 The Soil Engineer shall be contacted 48 hours in advance of importing soil to allow for evaluation of imported materials. Approval by the Soil Engineer will be based upon material delivered to the site and not the preliminary evaluation of import sources.

HYDROLOGY AND WATER QUALITY:

MM V/11-1 Prior to approval of a grading plan, the project proponent shall submit to the City Engineer for review and approval a hydrology study determining the volume of increased stormwater runoff due to development of the site and determining required stormwater runoff mitigation measures for the proposed development. Appropriate measures (on-site storm drainage improvements and on-site retention system) shall be included in the design of the site, as required by the City Engineer.

MM V/11-2 Prior to the issuance of any permit (grubbing, grading or building) on the site, the project proponent shall comply with the city's flood damage prevention ordinance and obtain city and FEMA approvals for development of the site within the 100 year floodplain causing any increase in flooding upstream or downstream of the site. No building permits can be issued for new homes until completion of all grading and . drainage improvements identified on the CLOMR and submittal of as- built documentation and analysis to FEMA and their issuance of a final LOMR.

NOISE:

MM Xl-1 During all project site excavation and grading on-site, construction contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers, consistent with manufacturer standards. The contractor shall place all stationary construction equipment so that emitted noise is directed away from the noise sensitive receptors nearest the project site.

MM Xl-2 The contractor shall locate equipment staging in areas that will create the greatest distance between construction-related noise/vibration sources and sensitive receptors nearest the project site during all project construction.

MM Xl-3 The project proponent shall mandate that the construction contractor prohibit the use of music or sound amplification on the project site during construction.

MM X/-4 A six foot perimeter wall shall be installed along the property line of all residential lots occurring adjacent to Palm Canyon Drive. The wall shall be of solid construction, with no gaps or holes.

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ENV 4. Reimburse City for Monitoring Expenses. The developer shall reimburse the City for the City's costs incurred in monitoring the developer's compliance with the conditions of approval and mitigation monitoring program, including, but not limited to inspections and review of developer's operations and activities for compliance with all applicable mitigation measures. This condition of approval is supplemental and in addition to normal building permit and public improvement permits that may be required pursuant to the Palm Springs Municipal Code.

PLANNING DEPARTMENT CONDITIONS
PLN 1. Submittal of Final POD. The Final Planned Development plans shall be submitted in accordance with Section 94.03.00 (Planned Development District) of the Zoning Ordinance. Final development plans shall include site plans, building elevations, floor plans, roof plans, grading plans, landscape plans, irrigation plans, exterior lighting plans, sign program, mitigation monitoring program, site cross sections, property development standards and other such documents as required by the Planning Commission and Planning Department. Final Planned Development District applications must be submitted within two (2) years of the City Council approval of the preliminary planned development district.

PLN 2. Sign Applications Required. No signs are approved by this action. Separate approval and permits shall be required for all signs in accordance with Zoning Ordinance Section 93.20.00.

PLN 3. Outdoor Lighting Conformance. Exterior lighting plans, including a photometric site plan showing the project's conformance with Section

93.21 .00 Outdoor Lighting Standards of the Palm Springs Zoning ordinance, shall be submitted for approval by the Department of Planning prior to issuance of a building permit. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be included. If lights are proposed to be mounted on buildings, down-lights shall be utilized. No lighting of hillsides is permitted.

PLN 4. Water Efficient Landscaping Conformance. The project is subject to the Water Efficient Landscape Ordinance (Chapter 8.60.00 and Chapter 11 .06) of the Palm Springs Municipal Code and all other relevant water efficient landscape ordinances. The applicant shall submit a landscape and irrigation plan to the Director of Planning for review and approval prior to the issuance of a building permit. Landscape plans shall be wet stamped and approved by the Riverside County Agricultural Commissioner's Office prior to submittal.

Prior to submittal to the City, landscape plans shall also be certified by the local water agency that they are in conformance with the water agency's and the City's Water Efficient Landscape Ordinances.

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PLN 5. Flat Roof Requirements. Roof materials on flat roofs (less than 2:12) must conform to California Title 24 thermal standards for "Cool Roofs". Such roofs must have a minimum initial thermal emittance of 0.75 or a minimum SRI of 64 and a three-year aged solar reflectance of 0.55 or greater. Only matte (non-specular) roofing is allowed in colors such as beige or tan.

PLN 6. Maintenance of Awnings & Projections. All awnings shall be maintained and periodically cleaned.

PLN 7. Screen Roof-mounted Equipment. All roof mounted mechanical equipment shall be screened per the requirements of Section 93.03.00 of the Zoning Ordinance.

PLN 8. Surface Mounted Downspouts Prohibited. No exterior downspouts shall be permitted on any facade on the proposed building(s) that are visible from adjacent streets or residential and commercial areas.

PLN 9. Pool Enclosure Approval Required. Details of fencing or walls around pools (material and color) and pool equipment areas shall be submitted for approval by the Planning Department prior to issuance of Building Permits.

PLN 10. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems.

PLN 11 . Outside Storage Prohibited. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan.

PLN 12. No off-site Parking. Vehicles associated with the operation of the proposed development including company vehicles or employee vehicles shall not be permitted to park off the proposed building site unless a parking management plan has been approved.

PLN 13. Bicycle Parking. The project shall be required to provide secure bicycle parking facilities in the Sculpture Garden area for use by residents and visitors. Location and design shall be approved by the Director of Planning.

PLN 14. Update of City's Zoning Map. Upon approval of the proposed Change of Zone, Tract Map and/or Planned Development District, the applicant shall be responsible for costs associated with update of the City's GIS based zoning maps.

PLN 15. Provide 'smart controllers' for all irrigation systems.

PLN 16. Development Standards. The following development standards shall apply to PD 381 .

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Conditions of Approval

Development Standard PD-381
Min. Lot Size 4,003 Square Feet
Min. Setbacks (Interior)
• Front - Residence 5 Feet
• Front - Garage 18 Feet
• Front - Garage (Lots 1, 35, 39,
40, 47, 48) 5 Feet
•Side 5 Feet
• Rear 5 Feet
Min. Setbacks (Perimeter) 25 Feet
Max. Lot Coveraae 50%
Distance Between Buildinas 1 O Feet
Max. Buildinq Heiqht 24 Feet
Min. Outdoor Space 550 Square Feet
Any accessory structures not anticipated as part of this planned development district application may be permitted in accordance with the requirements of the R-1-D zoning district.

PLN 17. Vehicular Gates. Vehicular gates shall not be permitted pursuant to General Plan policy CD 14.6. (Added by the City Council on July 5, 2017) PLN 18. Pedestrian Connectivity. Provide additional pedestrian connection(s) to the public sidewalks at the perimeter of the site where feasible. (Added by the City Council on July 5, 2017)
PLN 19. Driveway Length. Driveway length shall either be a minimum of 18 feet, or a maximum of five feet for Lots 1, 35, 39, 40, 47, and 48.

PLN 20. Building Separation. There shall be a minimum of fifteen (15) feet of separation between the second floors of a building to an adjacent second floor of a building. (Modified by the City Council on July 5, 2017) PLN 21 . Touching Canopy of Trees. The developer shall plant/install touching canopy of trees surrounding the development allowing walkability. (Added by the City Council on July 5, 2017)
PLN 22. Solar Requirement. Residential buildings shall be wired for solar installations providing a minimum of 2,000 kilowatts.

PLN 23. Minimum 30-Day Rental. The CC&R's shall restrict short-term rental to a minimum of thirty (30) days. (Added by the City Council on July 5, 2017) PLN 24. Wall Articulation. The applicant shall add articulations to the walls along East Palm Canyon Drive subject to the review of a subcommittee of Item 1V - Page 62
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Conditions of Approval

Councilmembers Chris Mills and JR Roberts. (Added by the City Council on July 5, 2017)

POLICE DEPARTMENT CONDITIONS
POL 1. Developer shall comply with Section II of Chapter 8.04 "Building Security Codes" of the Palm Springs Municipal Code.

BUILDING DEPARTMENT CONDITIONS
BLD 1. Prior to any construction on-site, all appropriate permits must be secured.

ENGINEERING DEPARTMENT CONDITIONS
The Engineering Division recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances.

Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer.

All Grading Plans, Improvement Plans, Required Studies and Documents listed below, must be submitted to Public Works and Engineering Department for review and approval.

STREETS
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The City Council approves deferral of off-site improvement items (identified as "Deferred') at this time due to lack of full improvements in the immediate area. The owner shall execute a street improvement covenant agreeing to construct all required street improvements upon the request of the City of Palm Springs City Engineer at such time as deemed necessary. The covenant shall be executed and notarized by the property owner(s) prior to approval of the Grading Plan or issuance of grading or building permits. A current title report; or a copy of a current tax bill and a copy of a vesting grant deed shall be provided to verify current property ownership. A covenant preparation fee in effect at the time that the covenant is submitted shall be paid by the applicant prior to issuance of any grading or building permits.

Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. All improvements are subject to inspection and a 24 to 48 hour inspection notification is required.

Applicant shall obtain State permits and approval of plans for all work done on State Highway 111 . A copy of an approved Caltrans encroachment permit shall be provided to the City Engineer prior to the Item 1V - Page 63
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issuance of any building permits, unless otherwise allowed by the City Engineer. Conditions indicated herein related to East Palm Canyon Drive (State Highway 111) are subject to change in accordance with Caltrans requirements, as may be indicated by improvement plans approved by Caltans and/or an Encroachment Permit issued by Caltrans to the applicant for construction of improvements along East Palm Canyon Drive (State Highway 111 ).

Submit street improvement plans prepared by a registered California civil engineer to the Engineering Division. The plans shall be approved by the City Engineer prior to issuance of any building permits.

Abandonment of right-of-way is required to facilitate the proposed development application. Right-of-way abandonment for a portion of Matthew Drive (transitioning from existing 44 feet of right-of-way to 22 feet of right-of-way) shall be reviewed and approved by the City Engineer.

Right-of-way abandonment for the easterly 23 feet of Linden Way (preserving necessary right-of-way for a standard street knuckle at the intersection of Linden Way and the East Palm Canyon Drive frontage road) shall be reviewed and approved by the City Engineer. Approved right-of-way abandonment shall be acknowledged on the Final Map in accordance with Subdivision Map Act Section 66434(9). Prior to approval of a Final Map, the applicant shall coordinate with each public utility company and determine specific requirements as to the abandonment and/or relocation of existing underground utilities that may exist within the public rights-of-way to be abandoned.

The applicant shall be required to construct asphalt concrete paving for streets in two separate lifts. The final lift of asphalt concrete pavement shall be postponed until such time that on-site construction activities are complete, as may be determined by the City Engineer. Paving of streets in one lift prior to completion of on-site construction will not be allowed, unless prior authorization has been obtained from the City Engineer.

Completion of asphalt concrete paving for streets prior to completion of on-site construction activities, if authorized by the City Engineer, will require additional paving requirements prior to acceptance of the street improvements, including, but not limited to: removal and replacement of damaged asphalt concrete pavement, overlay, slurry seal, or other repairs, as required by the City Engineer.

The public street improvements outlined in these conditions of approval are intended to convey to the applicant an accurate scope of required improvements, however, the City Engineer reserves the right to require additional improvements as may be determined in the course of the review and approval of street improvement plans required by these conditions.

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EAST PALM CANYON DRIVE (STATE HIGHWAY 111)
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Dedicate additional right-of-way to accommodate the ultimate width of 50' feet along the East Palm Canyon Drive frontage, including a property line - corner cut back at the southwest corner of East Palm Canyon Drive and Gene Autry Trail in accordance with City of Palm Springs Standard Drawing No. 105.

Remove the existing 8 inch curb and gutter along the entire frontage, and construct an 8 inch curb and gutter, located a minimum of 38 feet south of centerline in accordance with City of Palm Springs Standard Drawing No. 200. "Deferred'
Remove and reconstruct the existing curb return , spandrel and crossgutter at the southwest corner of the East Palm Canyon Drive and Gene Autry Trail intersection as necessary to accommodate widening of East Palm Canyon Drive. If necessary, remove and reconstruct the entire cross-gutter extending to the southeast corner of the East Palm Canyon Drive and Gene Autry Trail intersection as required by the City Engineer. "Deferred'
Construct a 12 feet wide combination sidewalk and bicycle path along the entire frontage extending to Linden Way. The construction shall be with colored Portland cement concrete, with an admixture of Palm Springs Tan, Desert Sand, or approved equal color by the Engineering Division.

Construct a minimum 14-feet wide landscaped median island across the entire frontage from Linden Way to Gene Autry Trail/Matthew Drive.

Provide a 375 feet long eastbound left turn pocket at Gene Autry Trail/Matthew Drive, with a 150 feet long bay taper. The left turn pocket shall be designed in accordance with Section 405 of the current edition of the Caltrans Highway Design Manual, as approved by the City Engineer. "Deferred'
Submit landscaping and irrigation system improvement plans for the proposed median for review and approval by the City Engineer. 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. "Deferred'
All median landscaping shall be guaranteed for a period of one year from the date of acceptance by the City Engineer. Any landscaping that fails during the one year landscape maintenance period shall be replaced with Item 1V - Page 65
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ENG 15.
similar plant material to the satisfaction of the City Engineer, and shall be subject to a subsequent one year landscape maintenance period. "Deferred'
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. Additional pavement removal and replacement may be required upon review of existing pavement cross-sections, and to ensure grade breaks of the pavement cross-section do not occur within a travel lane. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. "Deferred'

MATTHEW DRIVE
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Dedicate a half street right-of-way of 22 feet along the frontage where necessary.

The existing street improvements extending south of Gene Autry Trail shall be protected in place to the extent that an appropriate transition of curb and gutter from 32 feet west of centerline to 25 feet west of centerline is approved by the City Engineer.

Construct a 6 inch curb and gutter located 20 feet from centerline along the entire frontage, with a 25 feet radius curb return and spandrel at the northeast corner of the intersection of Matthew Drive and Linden Way in accordance with City of Palm Springs Standard Drawing No. 200 and 206.

Remove and reconstruct the existing curb return, spandrel and crossgutter at the northwest corner of the intersection of Matthew Drive and Linden Way as necessary to align the cross-gutter flowline.

Construct a 50 feet wide Main Entry driveway approach in accordance with City of Palm Springs Standard Drawing No. 205. The centerline of the driveway approach shall be located approximately 435 feet south of the centerline of East Palm Canyon Drive.

The gated entry is subject to review and approval by the City Engineer and Fire Marshall. The applicant shall provide an exhibit sho•Ning truck turning movements around the entry, demonstrating the ability of standard size vehicles to maneuver through the entry (without reversing) if unable to enter the project. A minimum of 50 feet shall be provided between the Item 1V - Page 66
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bask of sidewalk on the adjacent street and the gated entry directory/control panel, with an approved maneuvering area provided between the direotory/oontrol panel and the entry gates. The ingress and egress lanes shall be a minimum of 20 feet wide, unless otheiv.«ise appro1
.«ed by the Fire Marshall. An optioom or Tamar system (or approved equal) for automatic operation by emergency vehicles, with uninterrupted power supply (battery back up), shall be installed for the entry gates, meeting the approval of the Fire Marshall.

Construct a Type A curb ramp meeting current California State Accessibility standards on each side of the driveway approach in accordance with City of Palm Springs Standard Drawing No. 212. The applicant shall ensure that an appropriate path of travel, meeting ADA guidelines, is provided across the driveway, and shall adjust the location of the access ramps, if necessary, to meet ADA guidelines, subject to the approval of the City Engineer and ADA Coordinator. If necessary, additional pedestrian and sidewalk easements shall be provided on-site to construct a path of travel meeting ADA guidelines.

Construct a 24 feet wide driveway approach for emergency purposes and resident egress in accordance with City of Palm Springs Standard Drawing No. 201 . The centerline of the driveway approach shall be located approximately 170 feet east of the centerline of Linden Way.

Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210.

Construct a Type A curb ramp meeting current California State Accessibility standards at the northeast corner of the intersection of Matthew Drive and Linden Way in accordance with City of Palm Springs Standard Drawing No. 212.

Construct pavement with a minimum pavement section of 3 inches asphalt concrete pavement over 6 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 310.

If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval.

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LINDEN WAY
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ON-SITE
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Construct a full standard street knuckle at the intersection of Linden Way and the East Palm Canyon Drive frontage road, in accordance with City of Palm Springs Standard Drawing No. 104.

Construct a 6 inch curb and gutter, 18 feet east of centerline along the entire frontage and throughout the standard street knuckle at the intersection of Linden Way and the East Palm Canyon Drive frontage road, in accordance with City of Palm Springs Standard Drawing No. 200.

Construct a 5 feet wide sidewalk behind the curb along the entire frontage and throughout the standard street knuckle at the intersection of Linden Way and the East Palm Can on Drive frontage road, in accordance with City of Palm Springs Standard Drawing No. 210.

Construct pavement with a minimum pavement section of 2½ 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 centerline along the entire frontage, and throughout the standard street knuckle at the intersection of Linden Way and the East Palm Can on Drive frontage road in accordance with City of Palm Springs Standard Drawing No. 110 and 300. If an alternative pavement section is proposed , the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval.

All on-site streets shall be two-way with a minimum 24 feet wide travelway where no on-street parking is proposed.

All on-site private street entrance shall be two-way with a minimum 36 feet wide travelway (as measured from face of curb) where No on-street parking is proposed.

All on-site private streets shall be two-way with a minimum 32 feet wide travelway (as measured from face of curb) where on-street parking is proposed on one side of the street.

On-site streets shall be constructed with curbs, gutters, and cross-gutters, as necessary to accept and convey surface drainage of the on-site streets to the on-site drainage system, in accordance with applicable City standards.

Item 1V - Page 68
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ENG 35. The minimum pavement section for all on-site asphalt concrete pavement shall be 2½ inches asphalt concrete pavement over 4 inches crushed miscellaneous 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 California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval.

SANITARY SEWER
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GRADING
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All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes.

If an on-site private sewer system is proposed to collect sewage from the development and connect to the existing public sewer system, sewer plans shall be submitted to the Engineering Division for review and approval. Private on-site sewer mains for residential projects shall conform to City sewer design standards, including construction of 8 inch V.C.P. sewer main and standard sewer manholes. Sewer manhole covers shall be identified as "Private Sewer". A profile view of the on-site private sewer mains is not necessary if sufficient invert information is provided in the plan view, including elevations with conflicting utility lines. Plans for sewers other than the private on-site sewer mains, i.e. building sewers and laterals from the buildings to the on-site private sewer mains, are subject to separate review and approval by the Building Division.

Submit a Precise Grading Plan prepared by a California registered Civil engineer to the Engineering Services Department for review and approval.

The Precise Grading Plan shall be approved by the City Engineer prior to issuance of grading permit.

A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Services Department for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Services Department with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training.

Item 1V - Page 69
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For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM 10" Dust Control issues, please contact AQMD at (909) 396-3752, or at http://www.AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Services Department prior to approval of the Grading plan.

The first submittal of the Grading Plan shall include the following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Site Plan; a copy of current Title Report; a copy of Soils Report; a copy of the associated Hydrology Study/Report and a copy of the project-specific Final Water Quality Management Plan.

Prior to approval of a Grading Plan (or issuance of a Grading Permit), the applicant shall obtain written approval to proceed with construction from the Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist ( a copy of the written approval must be provided to the City) . The applicant shall contact the Tribal Historic Preservation Officer or the Tribal Archaeologist at ACBCI[email protected] to determine their requirements, if any, associated with grading or other construction. The applicant is advised to contact the Tribal Historic Preservation Officer or Tribal Archaeologist as early as possible. If required, it is the responsibility of the applicant to coordinate scheduling of Tribal monitors during grading or other construction, and to arrange payment of any required fees associated with Tribal monitoring.

In accordance with an approved PM-10 Dust Control Plan, perimeter fencing shall be installed. Fencing shall have screening that is tan in color; green screening will not be allowed. Perimeter fencing shall be installed after issuance of Grading Permit, and immediately prior to commencement of grading operations.

Perimeter fence screening shall be appropriately maintained, as required by the City Engineer. Cuts (vents) made into the perimeter fence screening shall not be allowed. Perimeter fencing shall be adequately anchored into the ground to resist wind loading.

Within 1 O days of ceasing all construction activity and when construction activities are not scheduled to occur for at least 30 days, the disturbed areas on-site shall be permanently stabilized, in accordance with Palm Springs Municipal Code Section 8.50.022. Following stabilization of all disturbed areas, perimeter fencing shall be removed , as required by the City Engineer.

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The applicant shall obtain all required environmental permits (i.e. Section 401 Water Quality Certification, Section 404 Permit, and Section 1602 Streambed Alteration Agreement) required for construction within the Jurisdictional Waters of the U.S. The applicant shall provide copies of required permits prior to approval of grading plans. Alternatively, the applicant shall provide a copy of a determination from the U.S. Army Corps of Engineers that the project does not impact waters of the U.S., and a letter from the California Department of Fish and Wildlife authorizing construction of the project without an agreement.

Prior to issuance of grading permit, the applicant shall provide verification to the City that the fee has been paid to the Agua Caliente Band of Cahuilla Indians in accordance with the Tribal Habitat Conservation Plan (THCP).

Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters.

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 .

A Notice of Intent to Comply with the California General Construction Stormwater Permit (Water Quality Order 2009-0009-DWQ as modified September 2, 2009) s required for the proposed development via the California Regional Water Quality Control Board online SMARTS system.

A copy of the executed letter issuing a Waste Discharge Identification number shall be provided to the City Engineer prior to issuance of a grading permit.

Projects causing soil disturbance of one acre or more, must comply with the General Permit for Stormwater Discharges Associated with Construction Activity, and shall prepare and implement a stormwater pollution prevention plan (SWPPP). As of September 4, 2012, all SWPPPs shall include a post-construction management plan (including Best Management Practices) in accordance with the current Construction General Permit. The project applicant shall cause the approved final project-specific Water Quality Management Plan (if required) to be incorporated by reference or attached to the project's SWPPP as the PostConstruction Management Plan._A copy of the up-to-date SWPPP shall be kept at the project site and be available for review upon request.

In accordance with City of Palm Springs Municipal Code, Section 8.50.022 (h), the applicant shall post with the City a cash bond of two thousand Item 1V - Page 71
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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.

At the time of issuance of Grading Permit, the applicant shall post with the City a cash bond of $40,000.00 which will guarantee that in the event that no work occurs on the site or any portion thereof, for a period of time of 6 months or more, that the construction fencing will be removed and that any vacant, graded, or disturbed area of the site will be restored to the original topography of the site, glued, or hydroseeded, and that such gluing or hydroseeding shall be maintained.

A Geotechnical/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 Engineering Division with the first submittal of a grading plan.

The applicant shall provide all necessary geotechnical/soils inspections and testing in accordance with the Geotechnical/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.

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).

WATER QUALITY MANAGEMENT PLAN
ENG 54. This project shall be required to install measures in accordance with applicable National Pollution Discharge Elimination System (NPDES) Best Management Practices (BM P's) included as part of the NPDES Permit issued for the Whitewater River Region from the Colorado River Basin Regional Item 1V - Page 72
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DRAINAGE
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Water Quality Control Board (RWQCB). The applicant is advised that installation of BMP's, including mechanical or other means for pre-treating contaminated stormwater and non-stormwater runoff, shall be required by regulations imposed by the RWQCB. It shall be the applicant's responsibility to design and install appropriate BMP's, in accordance with the NPDES Permit, that effectively intercept and pre-treat contaminated stormwater and non-stormwater runoff from the project site, prior to release to the City's municipal separate storm sewer system ("MS4"), to the satisfaction of the City Engineer and the RWQCB. Such measures shall be designed and installed on-site; and provisions for perpetual maintenance of the measures shall be provided to the satisfaction of the City Engineer, including provisions in Covenants, Conditions, and Restrictions (CC&R's) required for the development (if any).

A Final Project-Specific Water Quality Management Plan (WQMP) shall be submitted to and approved by the City Engineer prior to issuance of a grading or building permit. The WQMP shall address the implementation of operational Best Management Practices (BMP's) necessary to accommodate nuisance water and storm water runoff from the site. Direct release of nuisance water to the adjacent property (or public streets) is prohibited.

Construction of operational BMP's shall be incorporated into the Precise Grading and Paving Plan.

Prior to final City approvals the applicant shall: (a) demonstrate that all structural BMP's have been constructed and installed in conformance with approved plans and specifications; (b) demonstrate that applicant is prepared to implement all non-structural BMP's included in the approved Final ProjectSpecific WQMP, conditions of approval, or grading/building permit conditions; and (c) demonstrate that an adequate number of copies of the approved Final Project-Specific WQMP are available for the future owners (where applicable).

This property is located within a special flood hazard area (SFHA), and is subject to the provisions of Chapter 8.68 et. seq. ("Flood Damage Prevention") of the Palm Springs Municipal Code, and applicable state and federal laws and regulations. Specifically, this property is located within a designated SFHA identified by Zone AO (Depth = 2 feet) as shown on the current Federal Insurance Rate Map (FIRM) for the City of Palm Springs, California, Riverside County, Community Panel Number 06065C1586G, dated August 28, 2008. The applicant shall comply with all applicable local, state and federal laws and regulations associated with development occurring within a SFHA. Accordingly, the following requirements apply:
a. In accordance with Chapter 8.68.190(A)1 of the Palm Springs Zoning Municipal Code, the Vesting Tentative Tract Map shall be revised to identify Item 1V - Page 73
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the Special Flood Hazard Area(s) (SFHA's) and the elevations of the base flood (BFE's). The final conformed copy of the approved Vesting Tentative Tract Map shall include the required information, including delineation of SFHA's and identification of associated BFE's.
b. In accordance with Chapter 8.68.150 of the Palm Springs Municipal Code, at a minimum, the following items shall be submitted to the City by the applicant before construction or other development begins within any Special Flood Hazard Area (SFHA plans in triplicate drawn to scale showing the location, dimensions, and elevation of the area in question, existing or proposed structures, storage of materials and equipment and their location, proposed locations of water supply, sanitary sewer, and other utilities; grading information showing existing and proposed contours, any proposed fill, and drainage facilities. The submittals shall be subject to review and approval by the City Engineer. Specifically, the following information is also required:
i. Proposed elevation in relation to mean sea level of the lowest floor (including basement) of all proposed residential structures as required by Chapter 8.68.170(c)(1) of the Palm Springs Municipal Code. ii. Proposed elevation in relation to mean sea level to which any nonresidential structures will be floodproofed , as required in Chapter

8.68.170(c)(2) of the Palm Springs Municipal Code and detailed in FEMA Technical Bulletin TB 3-93.
iii. All appropriate certifications listed in Chapter 8.68.140(e) of the Palm Springs Municipal Code.
iv. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
v. Base Flood Elevation (Base Flood Elevation (BFE) information as specified in Chapter 8.68.070 of Section 8.68.140(C)(2) of the Palm Springs Municipal Code;
vi. Certification from a registered civil engineer or architect that the nonresidential floodproofed building meets the floodprone criteria in Chapter 8.68.170 (c)(2) of the Palm Springs Municipal Code. vii. For a crawl space foundation , location, and total net area of foundation openings as required in Chapter 8.68.170(c)(3) of the Palm Springs Municipal Code and detailed in FEMA, Technical Bulletins 1-93 through 1-93 and 7-93.
c. The applicant shall provide the Building Department with the elevation of the lowest floor (including basement). The elevation certification shall be Item 1V - Page 74
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done, on a form acceptable to FEMA, by a registered professional civil engineer or surveyor.
d. In accordance with Chapter 8.68.140(A)5 and Chapter 8.68.140(O)2(b) of the Palm Springs Municipal Code and 44 CFR 60.3(d)(4), the applicant shall be required to submit an application to the Federal Emergency Management Agency (FEMA) for FEMA's issuance of a Conditional Letter of Map Revision (CLOMR). A complete application for the CLOMR, including all appropriate technical studies and hydraulic analyses, and payment of required FEMA application fees, shall be submitted tG and approved by FEMA, prior to approval of a grading plan and storm drain plan and issuance of grading permit. Final City approvals associated with this project, including approval of a Grading Plan for any portion of this property, the approval of the storm drain plan, or approval of a Final Map, will not be given by the City, until approval of the applicant's CLOMR application to FEMA is provided to the City by evidence of a CLOMR issued by FEMA.
e. Within six months of information becoming available, the applicant shall be required to submit an application to the Federal Emergency Management Agency (FEMA) for FEMA's issuance of a Letter of Map Revision (LOMR) rn in accordance with Chapter 8.68.140(A)5 and Chapter 8.68.140(D)2(b) of the Palm Springs Municipal Code and 44 CFR 60.3(d)(4), A complete application for the LOMR, including all appropriate technical studies and hydraulic analyses, record drawings ("as-built's"), topographic surveying, and payment of required FEMA application fees, shall be submitted and approved by FEMA, prior to issuance of a Building Permit. A Building Permit for construction of any building on this property currently located within a special flood hazard area will not be issued until the City receives final approval of the applicant's LOMR application to FEMA by evidence of a LOMR issued by FEMA.

Submit storm drain improvement plans for all on-site storm drainage system facilities for review and approval by the City Engineer.

Construct storm drain improvements, including but not limited to catch basins, and storm drain lines, for drainage of on-site streets into the onsite retention basins, as described in a Final Hydrology Study for the project. The Final Hydrology study for Vesting Tentative Tract Map 36969 shall include catch basin sizing , storm drain pipe sizing, and retention basin sizing calculations and other specifications for construction of required on-site storm drainage improvements.

All on-site storm drain systems shall be privately maintained by a Homeowners Association (HOA). Provisions for maintenance of the onsite storm drain systems acceptable to the City Engineer shall be included Item 1V - Page 75
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GENERAL
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in Covenants, Conditions and Restrictions (CC&R's) required for this project.

The project is subject to flood control and drainage implementation fees.

The acreage drainage fee at the present time is $7,522.00 per acre per Resolution No. 15189.

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 the 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 condition of the existing off-site streets shall be returned to a condition equal to or better than existed prior to construction of the proposed development.

All proposed utility lines shall be installed underground.

In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal Code, all existing and proposed electrical lines of thirty-five thousand volts or less and overhead service drop conductors, and all gas, telephone, television cable service, and similar service wires or lines, which are onsite, 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. The existing overhead utilities across the north property line, meet the requirement to be installed underground. Utility undergrounding shall extend to the nearest off-site power pole; no new power poles shall be installed unless otherwise approved by the City Engineer. 'Deferred··
The record property owner shall enter into a covenant agreeing to underground all of the existing overhead utilities required by the Municipal Code in the future upon request of the City of Palm Springs City Engineer at such time as deemed necessary. The covenant shall be executed and Item 1V - Page 76
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MAP
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notarized by the property owner and submitted to the City Engineer prior to issuance of a grading permit. A current title report; or a copy of a current tax bill and a copy of a vesting grant deed shall be provided to verify current property ownership. A covenant preparation fee in effect at the time that the covenant is submitted shall be paid by the developer prior to issuance of any grading or building permits.

All existing utilities shall be shown on the improvement plans required for the project. The existing and proposed service laterals shall be shown from the main line to the property line.

Upon approval of any improvement plan by the City Engineer, the improvement plan shall be provided to the City in digital format, consisting of a DWG (AutoCAD 2004 drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats. Variation of the type and format of the digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer.

The original improvement plans prepared for the proposed development and approved by the City Engineer shall be documented with record drawing "as-built" information and returned to the Engineering Division prior to issuance of a final certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction.

Nothing shall be constructed or planted in the corner cut-off area of any intersection or driveway which does or will exceed the height requ ired to maintain an appropriate sight distance per City of Palm Springs Zoning Code Section 93.02.00, D.

All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed in accordance with City of Palm Springs Standard Drawing No. 904.

The developer shall apply for an annexation to the City of Palm Springs Community Facilities District established for public safety services and submit required applications, waivers, and consent forms to the annexation prior to approval of a final map. Payment of an annexation fee ($7,500) and shall be made at the time of the application.

A Final Map shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Engineering Division for review and approval. A Title Report prepared for subdivision guarantee for Item 1V - Page 77
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the subject property, the traverse closures for the existing parcel and all lots created therefore, and copies of record documents shall be submitted with the Final Map to the Engineering Division as part of the review of the Map. The Final Map shall be approved by the City Council prior to issuance of building permits.

A copy of draft Covenants, Conditions and Restrictions (CC&R's) shall be submitted to the City Attorney for review and approval for any restrictions related to the Engineering Division's recommendations. The CC&R's shall be approved by the City Attorney prior to approval of the Final Map.

Upon approval of a final map, the final map shall be provided to the City in G.I.S. digital format, consistent with the "Guidelines for G.I.S. Digital Submission" from the Riverside County Transportation and Land Management Agency." G.I.S. digital information shall consist of the following data: California Coordinate System, CCS83 Zone 6 (in U.S. feet); monuments (ASCII drawing exchange file); lot lines, rights-of-way, and centerlines shown as continuous lines; full map annotation consistent with annotation shown on the map; map number; and map file name.

G.I.S. data format shall be provided on a CDROM/DVD containing the following: ArcGIS Geodatabase, ArcView Shapefile, Arclnfo Coverage or Exchange file (e00), DWG (AutoCAD 2004 drawing file), DGN (Microstation drawing file), DXF (AutoCAD ASCII drawing exchange file) ), and PDF (Adobe Acrobat 6.0 or greater) formats. Variations of the type and format of G.I.S. digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer.

In accordance with Section 66434 (g) of the Government Code, approved portions of right-of-way for Matthew Drive and Linden Way may be abandoned upon the filing of a Final Map identifying the abandonment of the right-of-way granted to the City of Palm Springs. Prior to approval of a Final Map, the applicant shall coordinate with each public utility company and determine specific requirements as to the abandonment and/or relocation of existing underground utilities that may exist within the public right-of-way to be abandoned. Prior to approval of a Final Map, the applicant shall provide to the City Engineer a letter of approval regarding the proposed abandonment of rights-of-way over Matthew Drive and Linden Way from each public utility agency.

Acceptance of public improvements required of this development shall be completed by resolution of the City Council to release the faithful performance bond and acceptance of replacement maintenance bond to be held for one year. An inspection will be performed nine months after said acceptance as part of the notice of completion process, a notice of completion will be filed certifying the improvements are complete.

Item 1V - Page 78
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TRAFFIC
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Install a 24 inch stop sign, stop bar, and "STOP" legend for traffic exiting the project site at both site access points, in accordance with City of Palm Springs Standard Drawing No. 620 through 625 and the California Manual on Uniform Traffic Control Devices for Streets and Highways, dated January 13, 2012, or subsequent editions in force at the time of construction, as required by the City Engineer.

Relocate and modify the existing traffic signal poles, conduit, pull boxes and all appurtenances located on the southwest corner of East Palm Canyon Drive (State Highway 111) and Gene Autry Trail/Matthew Drive, in accordance with the requirements of the City of Palm Springs and Caltrans. The applicant shall submit traffic signal modification plans prepared by a California registered civil engineer or traffic engineer for review and approval by Caltrans. The traffic signal shall be relocated in conjunction with the widening of East Palm Canyon Drive, and prior to issuance of a certificate of occupancy, unless otherwise allowed by the City Engineer. 'Deferred·
Install traffic striping, signage and markings on East Palm Canyon Drive and Matthew Drive as required in conjunction with the widening of the streets. Submit traffic striping and signage plans, prepared by a California registered civil engineer, for review and approval by the City Engineer.

Required traffic striping and signage improvements shall be completed in conjunction with required street improvements, to the satisfaction of the City Engineer, prior to issuance of a certificate of occupancy, unless otherwise allowed by the City Engineer. Deferred
A minimum of 48 inches of clearance for handicap accessibility shall be provided on public sidewalks or pedestrian paths of travel within the development. Minimum clearance on public sidewalks 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 within the public sidewalk along the street frontages of the subject property.

All damaged, destroyed, or modified pavement legends, traffic control devices, signing, striping, and street lights, associated with the proposed development shall be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy.

Construction signing, lighting and barricading shall be provided during all phases of construction as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with Part 6 "Temporary Traffic Control" Item 1V - Page 79
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of the California Manual on Uniform Traffic Control Devices (CAMUTCD), dated November 7, 2014, or subsequent editions in force at the time of construction.

This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit.

FIRE DEPARTMENT CONDITIONS
These Fire Department conditions may not provide all requirements. Owner/developer is responsible for all applicable state and locally adopted fire codes. Detailed plans are still required for review.

FID 1 These Fire Department conditions may not provide all requirements.

Owner/developer is responsible for all applicable state and locally adopted fire codes. Detailed plans are still required for review. Conditions are subject to final plan check and review. Initial Fire Department conditions have been determined from the plans stamped received March 27, 2017. Additional requirements may be required at that time based on revisions to site plans.

FID 2 Fire Department Conditions were based on the 2013 California Fire Code as adopted by City of Palm Springs, Palm Springs Municipal Code and latest adopted NFPA Standards. Three (3) complete sets of plans for private fire service mains, fire alarm, or fire sprinkler systems must be submitted at time of the building plan submittal. No deferred submittals accepted.

FID 3 PLANS AND PERMITS
Complete plans for private fire service mains or fire sprinkler systems should be submitted for approval well in advance of installation. Plan reviews can take up to 20 working days. Submit a minimum of three (3) sets of drawings for review. Upon approval, the Fire Prevention Bureau will retain one set.

Plans shall be submitted to:

City of Palm Springs
Building and Safety Department
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Counter Hours: 8:00 AM - 6:00 PM, Monday - Thursday
A deposit for Plan Check and Inspection Fees is required at the time of Plan Submittal. Inspection fees are charged at the fully burdened hourly rate of the fire inspector. These fees are established by Resolution of the Palm Springs City Council.

Item 1V - Page 80
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Complete listings and manufacturer's technical data sheets for all system materials shall be included with plan submittals. All system materials shall be UL listed or FM approved for fire protection service and approved by the Fire Prevention Bureau prior to installation.

Plans shall indicate all necessary engineering features, including all hydraulic reference nodes, pipe lengths and pipe diameters as required by the appropriate codes and standards. Plans and supportive data (calculations and manufacturer's technical data sheets) shall be submitted with each plan submittal. Complete and accurate legends for all symbols and abbreviations shall be provided on the plans.

FID 4 Conditions of Approval - "Conditions of Approval" received from the Palm Springs Planning Department must be submitted with each plan set. Failure to submit will result in a delay of plan approval.

FID 5 Fire Apparatus Access Roads (CFC 503.1.1 ): Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility.

Dimensions (CFC 503.2.1 ): Fire apparatus access roads shall have an unobstructed width of not less than 24 feet except for approved security gates in accordance with Section 503.6 and an unobstructed vertical clearance of not less than 13 feet 6 inches.

Fire Lane Marking (CFC 503.3): Where required by the fire code official, approved signs or other approved notices or markings that include the words NO PARKING-FIRE LANE shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. The means by which fire lanes are designated shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility.

Surface (CFC 503.2.3): Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus (73,000 lbs. GVW) and shall be surfaced so as to provide all-weather driving capabilities.

Project Note: Minimum road width with parking on both sides= 40 feet Project Note: Minimum road width with parking on one side= 32 feet Project Note: Minimum road width with no parking on either side = 24 feet Item 1V - Page 81
Resolution No. 24265, 24266, 24267, and 24268
Conditions of Approval

Fl D 6 Additional Access (CFC 503.1 .2): The fire code official is authorized to require more than one fire apparatus access road based on the potential for impairment of a single road by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access.

FID 7 Turning radius (CFC 503.2.4): Fire access road turns and corners shall be designed with a minimum inner radius of 25 feet and an outer radius of 43 feet. Radius must be concentric.

FID 8 Traffic Calming Devices (CFC 503.4.1): Traffic calming devices shall be prohibited unless approved by the fire code official.

FID 9 Security Gates (CFC 503.6): The installation of security gates across a fire apparatus access road shall be approved by the fire code official. Where security gates are installed, they shall have an approved means of emergency operation. Secured automated vehicle gates or entries shall utilize a combination of a Tomar Strobeswitch™, or approved equal, and an approved Knox key electric switch. Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F 2200 and an approved Knox key electric switch. Approved security gates shall be a minimum of 14 feet in unobstructed drive width on each side with gate in open position.

FID 10
In the event of a power failure, the gates shall be defaulted or automatically transferred to a fail safe mode allowing the gate to be pushed open without the use of special knowledge or any equipment. If a two-gate system is used, the override switch must open both gates.

If there is no sensing device that will automatically open the gates for exiting, a fire department approved Knox electrical override switch shall be placed on each side of the gate in an approved location.

A final field inspection by the fire code official or an authorized representative is required before electronically controlled gates may become operative. Prior to final inspection, electronic gates shall remain in a locked-open position.

Project Note: All gates within the project shall be equipped with bi-directional Tomar Strobeswitch TM, or equal, opening devices
Key Box Required (CFC 506.1 ): Where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for life-saving or fire-fighting purposes, the fire code official is authorized to require a key box to be installed in an approved location. The key box shall be flush mount type and shall contain keys to gain necessary access as required by the fire code official.

Item 1V - Page 82
Resolution No. 24265, 24266, 24267,
-
and 24268
Conditions of Approval

FID 11
FID 12
FID 15
Operational Fire Hydrant(s) (CFC 507.1, 507.5 & C105.1): An approved water supply capable of supplying the required fire flow for fire protection shall be provided.
• Maximum distance from any point on street frontage to a public hydrant - 250 feet
• Operational fire hydrant(s) shall be installed within 250 feet of all combustible construction and shall be serviceable prior to and during construction
NFPA 130 Fire Sprinklers Required: An automatic fire sprinkler system is required. Only a C-16 licensed fire sprinkler contractor shall perform system design and installation. System to be designed and installed in accordance with NFPA standard 130, 2013 Edition, as modified by local ordinance. • Shall comply with Palm Springs Fire Code Appendix L
Residential Smoke and Carbon Monoxide Alarms Installation (CFC 907.2.11.2/3/4; CRC R314 & R315; and California Health & Safety Code 17926): Provide and install Residential Smoke and Carbon Monoxide Alarms.

Alarms shall receive their primary power from the building wiring, and shall be equipped with a battery backup. In new construction, alterations, repairs and additions, smoke and carbon monoxide alarms shall be interconnected. The operation of any smoke alarm will cause all smoke alarms within the dwelling to sound. The operation of any carbon monoxide alarm will cause all carbon monoxide alarms within the dwelling to sound.

END OF CONDITIONS
Attachment C
Item 1V - Page 83
Department of Planning Services
Vicinity Map

CITY OF PALM SPRINGS
Item 1V - Page 84
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Attachment D
Item 1V - Page 85
Item 1V - Page 86
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

LENNAR HOMES OF CALIFORNIA, LLC,
a California Limited Liability Company
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 1V - Page 87

TABLE OF CONTENTS

1. Construction Obligations ...................................................................................... 1

1.1 Works of Improvement. .............................................................................. 1

1.2 Other Obligations Referenced in Conditions of
Tentative Map Approva I ............................................................................. 2

1.3 Jntent of Pl,ans ............................................................................................ 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 Performanoe ........................................................................................... 4

2.1 Commencement and Completion Oates ................................ .................... 4

2.2 Phasjng 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 l icensed Contractors .. ............................................................................... 6

3.4 Workers' Compensation ............................................................................. 6 4 . Security ................................................................................................................ 6

4.1 Required S,ecurity ...................................................................................... 6 4.2 Form of Security Instruments.,. .................................................................. 7

4. 3 Subd ivider's Lia bllity .................................................................................. 8

4.4 letters of Credit ......................................................................................... 8

4.5 Release of Security Instruments ................................................................ 9 Item 1V - Page 88

5. Cost of Construction and Provision of Inspection
Service .................................... ............................................................................. 9

5.1 Subdivider Responsible for AH R~ated Costs of
Construction .. ............................................................................................. 9

5.2 Payment to City for Cost of Related Inspection
and Engineering Servic,es ........................................ ................................ 1 0

6. Acceptance of Offers of Dedication ................................ .................................... 10

7. Warranty ofWofk ................................................................................................ 10

8. Default ..................................... ........................................................................... 1 o

8.1 Remedies Not Exclusive .......................................................................... 10 8 .2 City Rtght to Perfonn 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 1V - Page 89

SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is entered into this _____ day of _______ , 2024, by and between the CITY OF PALM SPRINGS, a California charter city ("City"), and LENNAR HOMES OF CALIFORNIA, LLC, a California Limited Liability Company ("Subdivider").

RECITALS
A. TPG AG EHC 111 (LEN) CA 1, L.P., a Delaware Limited Partnership ("Owner"). is the owner of. and has obtained approval of a subdivision map for Tract Map No. 36969 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 118".

B. Pursuant to the Conditions. Owner, by the Map. has offered dedication to the City of Palm Springs: Public Use in fee for street and public utility purposes East Palm Canyon and Matthew Drive and; An easement for the right of ingress and egress for service and emergency vehicles and personnel, over lots "A" through "N" inclusive and; An easement for public purposes for public utility and sewer purposes and; An easement for public use for sidewalk purposes.

C. The California Subdivision Map Act permits parties other than the Owner of the Property to enter into a subdivision improvement agreement with the City for the purposes set forth herein. provided the other party is acting on the Owner's behalf in developing the lots on the Property.

D. By separate written agreement. Owner has delegated the development of the lots on the Property to the Lennar Homes of California, LLC. which is identified as the "Subdivider" in this Agreement, and consents to Subdivider's entry into this Agreement.

E. On behalf of the Owner, 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.

F. Subdivider's agreement to construct and install the Works of Improvement pursuant to this Agreement and Owner's 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.
1 Item 1V - Page 90

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$ 5,700,000.00.

1.2 Other Obligations Referenced in Conditions of Tentative Map Approval. In addition to the foregoing, Subdivider shall satisfy all of the conditions of approval on the Tentative Map for the Property. The conditions of approval associated with the Tentative Map are included as Exhibit "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.
2 Item 1V - Page 91

1.4 Survey Monuments. Before final approval of street improvements, Subdivider will place survey monument(s) as shown on the Map in accordance with the provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City of Palm Springs. Subdivider shall provide security for such obligation as provided in Section 4.1 (a)(iii} and, after setting the monument(s), Subdivider shall furnish the City Engineer of the City of Palm Springs written notice of the setting of said monument(s) and written proof of having paid the engineer or surveyor for the setting of said monument(s).

1.5 Performance of Work. Subdivider shall furnish or cause to be furnished all materials, labor, tools, equipment, utilities, transportation, and incidentals required to perform Subdivider's obligations under this Agreement.

1.6 Changes in the Work. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Paragraph 4, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer as determined necessary to accomplish the purposes of this Agreement and to protect the public health, safety, or welfare. The City Engineer shall notify Subdivider or Subdivider's contractor in writing (by Correction Notice) at the time a determination has been made to require changes in the work. No field changes performed or proposed by 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 3 Item 1V - Page 92
Subdivider, or its design engineer, and Subdivider's contractor(s) regarding the Works of Improvement. Subdivider shall cause its contractor to furnish the City with every reasonable facility for ascertaining whether or not the Works of Improvement as performed are in accordance with the requirements and intent of this Agreement, including the Plans. If the City inspector requests it, the contractor at any time before acceptance of the Works of Improvement shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected. After examination, the contractor shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City shall not be considered as direct control of the individual workmen on the job site. City's inspector shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement.

The inspection of the work by City shall not relieve Subdivider or the contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted.

1.12 Compliance With Law. In addition to the express provisions of this Agreement and the Plans, Subdivider shall cause construction of the Works of Improvement to be completed in accordance with all other applicable federal, state, and local laws, ordinances, rules and regulations.

1.13 Suspension of Work. City Engineer shall have authority to order suspension of the work for failure of the contractor to comply with law pursuant to Section 1.11. In case of suspension of work for any cause whatever, Subdivider and its contractor shall be 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 4 Item 1V - Page 93
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 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. 5 Item 1V - Page 94

2.4 Continuous Work. After commencement of construction of the Works of Improvement (or separate portion thereof), Subdivider shall cause such work to be diligently pursued to completion, and shall not abandon the work for a consecutive period or more than thirty (30) days, events of Force Majeure excepted.

2.5 Reversion to Acreage. In addition to whatever other rights City may have due to Subdivider's failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Sections 66499.11-66499.20-3/4. In this regard, Subdivider agrees that if the Works of Improvement have not been completed on or before the later of two (2) years from the date of this Agreement or within the time allowed herein, whichever is the later, and if City thereafter initiates proceedings to revert the Property to acreage, pursuant to Government Code Section 66499.16 Subdivider hereby consents to reversion and agrees that any improvements made by or on behalf of Subdivider shall not be considered in determining City's authority to revert the Property to acreage.

2.6 Time of the Essence. Time is of the essence of Subdivider's performance of all of its obligations under this Agreement,

3. Labor.

3.1 Labor Standards. Subdivider shall be responsible for causing all contractors and subcontractors performing any of the Works of Improvement to comply with all applicable federal and state labor standards, including to the extent applicable the prevailing wage requirements promulgated by the Director of Industrial Relations of the State of California Department of Labor.

3.2 Nondiscrimination. 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 6 Item 1V - Page 95
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. 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 $5,700,000.00 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 $2,850,000.00 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 $75,000.00 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 7 Item 1V - Page 96
for a period of one (1) year following said acceptance ("Maintenance and Warranty Security Instrument"), in the amount of $855,000.00 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 AM. Best's Company, Oldwick, New Jersey, 08858. Any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard & Poor's.
(b) Letters of Credit. For Security Instruments which are letters of credit, any letter of credit shall be an original separate unconditional, irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification 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).
8 Item 1V - Page 97
(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 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; 9 Item 1V - Page 98
(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 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.
10 Item 1V - Page 99

7. Warranty of Work. Subdivider shall guarantee all Works of Improvement against defective materials and workmanship for a period of one ( 1) year from the date of final acceptance. If any of the Works of Improvement should fail or prove defective within said one (1) year period due to any reason other than improper maintenance, or if any settlement of fill or backfill occurs, or should any portion of the Works of Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen (15) days after written notice of such defects, or within such shorter time as may reasonably be determined by the City in the event of emergency, shall commence to repair or replace the same together with any other work which may be damaged or displaced in so doing. Should Subdivider fail to remedy defective material and/or workmanship or make replacements or repairs within the period of time set forth above, City may make such repairs and replacements and the actual cost of the required labor and materials shall be chargeable to and payable by Subdivider. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law.

8. Default.

8.1 Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, such remedy shall be in addition to, and not exclusive of, City's right to pursue any other administrative, legal, or equitable remedy to which it may by entitled.

8.2 City Right to Perform Work. In addition to whatever other rights or remedies it may have for Subdivider's default hereunder, in the event Subdivider shall fail to timely perform any work required to be performed under this Agreement and such failure shall continue for a period of twenty (20) days after receipt of written notice of default from City, or thereafter Subdivider shall fail to diligently and continuously pursue the cure of any such default to completion, City shall have the right to enter into the Property and perform any of the uncompleted work by force account or contract or both and thereupon recover from Subdivider or any Security Instrument, or both, the full cost and expense thereby incurred by City.

8.3 Attorney's Fees and Costs. In the event that Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable 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 11 Item 1V - Page 100
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 Additional Beneficiaries. This Agreement is intended to benefit only the parties hereto, the Owner and their respective successors and assigns. Besides the Owner, neither City nor Subdivider intend to create any third party beneficiary rights in this Agreement in any contractor, subcontractor, member of the general public, or other person or entity.

10.3 Entire Agreement: Waivers and Amendments. This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to all or part of the subject matter hereof, except as may be expressly provided herein. All waivers of the provisions of this Agreement must be in writing and signed by an authorized representative of the party to be charged, and all amendments hereto must be in writing and signed by the appropriate representatives of both parties.

11. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant the (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.
12 Item 1V - Page 101
(Signatures on Next Page)
IN WITNESS WHEREOF, the parties hereto have executed this Subdivision Improvement Agreement as of the date first above written.

ATTEST: CITY OF PALM SPRINGS,

CALIFORNIA
By ___________ _
Brenda Pree, City Clerk
City of Palm Springs
APPROVED AS TO FORM:

Jeff Ballinger, City Attorney
City of Palm Springs
SUBDIVIDER:

Scott C. Stiles, City Manager
City of Palm Springs
LENNAR HOMES OF CALIFORNIA LLC, a California Limited Liability Company Check one: _Individual _Partnership _Corporation*,LCompany *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: Geoffrey Smith
Title: Vice President
(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:
------------
Ti tie: ___________ _
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 1V - Page 102

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 Calif9:ia · _ •
County of IS_, { ('/\S(J~
On
_ \\)_,1---C) ~Lf~ f Xi) ;;____~ __ before me~ $tyu_ fto >1 1 NO 1""fAY)- f IA.b / j (. (insert name and title of the officer)
personally appeared ___ 6 __ .e.u __.... __ ..... __ .,,,__ S.::;;. ;;...... m_..:;.t ...;:'...;. ' --L--~---- ---' who proved to me on the basis of satisfactory e dence 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 signature(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 State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
(Seal)
Item 1V - Page 103
Mailing Address:

Lennar Homes of California, LLC.
4140 Temescal Canyon Road Suite 410
Corona, CA 92883
(800) 509-4979
(_) _-_ (fax)
14 Item 1V - Page 104

ALL-PURPOSE ACKNOWLEDGMENT
State of CAPACITY CLAIMED BY
County of SIGNER
On before me, ' Date Name, Title of Officer G INDIVIDUAL(S) personally appeared • GCORPORATE

NAME(S) OF SIGNER(S) OFFICER(S)
G personally known to me - OR - TITLE(S) G proved to me on the basis of satisfactory evidence to be the GPARTNER(S) persons(s) whose name(s) is/are subscribed to the within <.ATTORNEY-IN-FACT instrument and acknowledged to me that he/she/they executed G TRUSTEE(S) the same in his/her/their authorized capacity(ies), and that by GSUBSCRIBING WITNESS his/her/their signature(s) on the instrument the person(s) or the GGUARDIAN/CONSERVATOR entity upon behalf of which the persons(s) acted, executed the GOTHER instrument.

Witness my hand and official seal.

SIGNER IS REPRESENTING:

Signature of Notary
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document.

THIS CERTIFICATE Title or Type of Document

MUST BE ATTACHED
TO THE DOCUMENT Number of Pages DATE OF DOCUMENT
DESCRIBED AT RIGHT:

Signer(s) Other Than Named Above
15 Item 1V - Page 105
EXHIBIT"A"
TRACT MAP 36969 LEGAL DESCRIPTION
Tract Map No. 36969, as recorded in Map Book 494, Pages 41 through 49 inclusive, records of Riverside County, California.
16 Item 1V - Page 106
EXHIBIT"B"
TENTATIVE TRACT MAP 36969 CONDITIONS OF APPROVAL
17 Item 1V - Page 107
-
RESOLUTION NO. 24265, 24266, 24267 and 24268

EXHIBIT A

CONDITIONS OF APPROVAL
Case 5.1384 PD-381 GPA/3.3902 MAJNTTM 36969

SUMMIT LAND PARTNERS ON BEHALF OF EHOF CANYON VIEW, LLC

SOUTHWEST CORNER OF EAST PALM CANYON DRIVE & MATTHEW DRIVE July 5, 2017
Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, the Director of Building and Safety, 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 (5.1384 PD-381/3.3902 MAJNTTM 36969), except as modified with the approved Mitigation Monitoring Program and the conditions below.

ADM 2. Reference Documents. The site shall be developed and maintained in accordance with the approved plans, including site plans, tentative tract maps, architectural elevations, exterior materials and colors, landscaping, and grading on file in the Planning Division except as modified by the approved Mitigation Measures and conditions below.

ADM 3. 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 4. Minor Deviations. The Director of Planning or designee may approve minor deviations to the project description and approved plans in accordance with the provisions of the Palm Springs Zoning Code.

ADM 5. Tentative Map. This approval is for Vesting Tentative Tract Map 36969, date stamped April 10, 2017. This approval is subject to all applicable regulations of the Subdivision Map Act, the Palm Springs Municipal Code, and any other applicable City Codes, ordinances and resolutions.

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Conditions of Approval

ADM 6. Indemnification. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or 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 5.1384 PD 381 ZC / 3.3902 MAJ I VTTM 36969.

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 or 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 fu lly in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the 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 indemnification rights herein.

ADM 7. 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, bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, 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 8. Time Limit on Approval. Approval of the Planned Development District (PD), Vesting Tentative Tract Map (VTTM) and Major Architectural Applications (MAJ) shall be valid for a period of two (2) years from the effective date of the approval. Extensions of time for the POD and MAJ may be granted by the Planning Commission upon demonstration of good cause.

Extensions of time for the VTTM may be approved pursuant to Code Section

9.63.110. Such extension shall be required in writing and received prior to the expiration of the approval.

ADM 9. 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. Permits will not be issued until the appeal period has concluded.

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-, and 24268
Conditions of Approval

ADM 10. 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 total building permit valuation as calculated pursuant 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 Planning 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 11 . 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 Ordinance, 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 and shown on the City's master plan).

ADM 12. CC&R's. Prior to recordation of a final Tentative Tract Map or issuance of building permits, the applicant shall submit a draft declaration of covenants, conditions and restrictions ("CC&R's") to the Director of Planning for approval in a format to be approved by the City Attorney. The draft CC&R package shall include:
a. The document to convey title
b. Deed restrictions, easements, of Covenant Conditions and Restrictions to be recorded.
c. Provisions for joint access to the proposed parcels, and any open space restrictions.
d. A provision, which provides that the CC&R's may not be terminated or substantially amended without the consent of the City and the developer's successor-in-interest.

Approved CC&R's are to be recorded following approval of the final map.

The CC&R's may be enforceable by the City, shall not be amended Item 1V - Page 110
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Conditions of Approval
Page4
without City approval, and shall require maintenance of all property in a good condition and in accordance with all ordinances,
ADM 13. CC&R's Deposits & Fees. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $3,640, for the review of the CC&R's by the City Attorney. A $1 ,165 filing fee shall also be paid to the City Planning Department for administrative review purposes.

ADM 14. Notice to Tenants. The applicant shall provide all tenants with a copy of the Conditions of Approval for this project.

ADM 15. Community Facilities District (CFO). The project will bring additional residents, visitors and activities to the community that will potentially impact the needs for public safety services beyond the City's ability to provide such services; and because such services, including police protection, criminal justice, fire protection and suppression, ambulance, paramedic and other safety services, and recreation, library, cultural services are near capacity, the City has established a Community Facilities District to which this project shall be annexed, subject to conditions of approval.

ENVIRONMENTAL ASSESSMENT CONDITIONS
ENV 1. Multi-species Habitat Conservation Fees. The project is within the boundaries of the both the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) and the Tribal Habitat Conservation Plan (THCP). The applicant shall pay applicable development mitigation fees, prior to the issuance of grading permit for THCP and prior to certificate of occupancy for CVMSHCP.

ENV 2. The applicant shall be required to prepare a cultural resources inventory of the project area by a qualified archaeologist prior to any development activities on the site. Copies of any cultural resource documentation (report and site records) generated in connection with this project shall be provided to the Agua Caliente Tribal Historic Preservation Office.

ENV 3. Prior to issuance of grading permits, the applicant/developer shall be required to enter into a contract and retain an approved Agua Caliente Native American Cultural Resources Monitor(s) for any ground disturbing activities (including archaeological testing). The Monitor shall be on-site during all initial ground disturbing activities and excavation of each portion of the project site, including clearing, grubbing, tree removals, grading, trenching, stockpiling of materials, rock crushing, structure demolition, etc. Should buried cultural deposits be encountered, the Monitor may divert, redirect, or halt destructive construction activities to allow for the identification, evaluation and potential recovery of cultural resources in coordination with the Agua Caliente Tribal Historic Preservation Office and an appropriate cultural resources professional. A mitigation plan may be required for treatment of Item 1V - Page 111
Resolution No. 24265, 24266, 24267, and 24268
Conditions or Approval

encountered resources for submission to the State Historic Preservation Officer and the Agua Caliente Tribal Historic Preservation Office.

ENV 4. California Fish & Game Fees Required. The project is required to pay a fish and game impact fee as defined in Section 711.4 of the California Fish and Game Code. This CFG impact fee plus an administrative fee for filing the action with the County Recorder shall be submitted by the applicant to the City in the form of a money order or a cashier's check payable to the Riverside County Clerk prior to the final City action on the project (City Council decision). This fee shall be submitted by the City to the County Clerk with the Notice of Determination. Action on this application shall not be final until such fee is paid. The project may be eligible for exemption or refund of this fee by the California Department of Fish & Game. Applicants may apply for a refund by the CFG at www.dfg.ca.gov for more information.

ENV 5. The applicant/developer shall be required to provide a cultural resources inventory of the project area by a qualified archaeologist prior to any development activities in the area.

ENV 6. Mitigation Monitoring. The mitigation measures of the environmental assessment shall apply. The applicant shall submit a signed agreement that the mitigation measures outlined as part of the Mitigated Negative Declaration (MND) will be included in the plans prior to City Council consideration of the environmental assessment. Mitigation measures are defined in the CEQA Evaluation and summarized here as follows:

AIR QUALITY:

Mitigation Measures Ill (b):

The following measures will further reduce emission of potentially harmful pollutants and should be included in project grading and dust control plans, as well as in construction and construction traffic staging:

Mitigation Measures
MM 111-1. SCAQMD Rule 403 (403.1 specific to the Coachella Valley): A dust control Plan shall be prepared and implemented during all construction activities, include ground disturbance, grubbing, grading, and soil export. Said plan shall include but not be limited to the following best management practices:
• Chemically treat soil where activity will cease for at least four consecutive days;
• All construction grading operations and earth moving operations shall cease when winds exceed 25 miles per hour;
Item 1V - Page 112
Resolution No. 24265, 24266, 24267, and 24268
Conditions of Approval

• Water site and equipment morning and evening and during all earth-moving operations;
• Operate street-sweepers on paved roads adjacent to site; • Establish and strictly enforce limits of grading for each phase of development; and/or
• Stabilize and re-vegetate areas of temporary disturbance needed to accomplish each phase of development.
• Wash off trucks as they leave the project site as necessary to control fugitive dust emissions.
• Cover all transported loads of soils, wet materials prior to transport, provide adequate freeboard (space from the top of the material to the top of the truck) to reduce PM10 and deposition of particulate matter during transportation. • Use track-out reduction measures such as gravel pads at project access points to minimize dust and mud deposits on roads affected by construction traffic.

Monitoring Ill (b):

A. Prior to the issuance of grading permits and authorization to proceed, the City Engineer shall review and approve project staging and detailed dust management plans. The dust control plan or equivalent documentation shall also address issues of construction vehicle staging and maintenance.

Implementation of these mitigation measures will ensure that impacts associated with PM10 are mitigated to a less than significant level.

Responsible Parties: City Engineer, General Contractor
B. The City or its designee shall conduct daily inspections of the project and intervene when contractor deviates from City-approved plans. Daily logs shall be maintained on the activities and their conformance to the project's dust control plan.

Responsible Parties: City Engineer staff or designee
BIOLOGICAL:

MM IV-1 Construction Monitoring
• A biologist will conduct a training session on sensitive resources within the proposed project for all project personnel prior to initiation of each phase of construction on the site.
• The limits of the project disturbance area will be clearly defined and marked in the field. All project activities will be restricted to the established boundary. Project activities will be conducted during daylight hours. • All vehicles operated within all project areas will be inspected daily and maintained, if necessary to avoid leaks of fuel, hydraulic fluids, oil, or coolants.

Item 1V - Page 113
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• Work areas will be kept clean and there will be careful control of waste products at all work sites.
• A biologist will be on site during all site disturbing activities. The biologist will have the authority to stop work and will immediately contact the USFWS if unintended impacts to listed species occur.

MM IV-2 Water Quality
• Earth moving should occur in a manner that prevents debris and excess materials that may interfere with drainage or impact water quality from entering drainage ways outside of the proposed project. • Re-contoured channel slopes shall be stabilized by compacting, seeding or other suitable means prior to the rain season.
• Place all excess material in safe disposal sites and stabilize these sites to prevent erosion. Avoid locations where erosion will carry material into channels.

MMIV-3 Mitigation for Impacts to Sensitive Vegetation Communities • Implementation of dust and erosion control measures to minimize indirect temporary impacts to adjacent vegetation communities.
• Control of invasive and non-native plant species to reduce the potential for these species to spread to adjacent vegetation communities.

MM IV-4 Casey's June beetle
• Impact to the Casey's June beetle will be mitigated through the acquisition of off-site habitat within the limits of Casey's June beetle critical habitat or as otherwise approved by USFWS. The location, size, and biological resources of the mitigation site will be to the satisfaction of the USFWS.

The applicant shall provide the City with written approval by the USFWS service, demonstrating that all impacts to the species have been addressed, prior to any site disturbance on the site (including grubbing, removal of vegetation or any other activity not requiring a permit).

MM IV-5 Sensitive birds
• If tree removal is proposed during the breeding season, a raptor nest survey will be conducted by a qualified biologist no longer than a week prior to any tree removal to determine if any raptor nests are present. • If an active raptor nest is discovered during the survey, buffer of 500 feet will be established around the tree. No construction activity may occur within this buffer area until a biologist determines that the fledglings are independent of the nest.
• Clearing or grubbing proposed from August 15 through January 31 of any year shall not be subject to these mitigation measures.

MM IV-6 MBTA
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Resolution No. 24265, 24266, 24267, and 24268
Conditions of Approval

• If vegetation removal is conducted during breeding season (February 1 to August 15), a nest survey shall be conducted by a qualified biologist no longer than a week prior to any vegetation removal to determine if any nests are present.
• If an active nest is discovered during the survey, buffer as determined by a qualified biologist will be established around the nest until the young are independent of the nest site. No construction activity may occur within this buffer area until a biologist determines that the fledglings are independent of the nest.
• Clearing or grubbing proposed from August 15 through January 31 of any year shall not be subject to these mitigation measures.

MM Vl-7 Jurisdictional Waters
• Impacts to USAGE and RWQCB waters will be mitigated at a ratio of 3 to 1 for permanent impacts and 1 to 1 for temporary impacts. Impacts to CDFW waters will be mitigated at a ration 3 to 1 with the exception of the East Palm Canyon Channel and crest bush scrub that will be mitigated at 1 to 1 due to the lower tree density in these areas. The total mitigation proposed for impacts to jurisdictional waters is 3.317 acres including 3.01 acres of catcalls acacia thorn scrub and 0. 312 acres of crest bush scrub resource agencies. Mitigation for jurisdictional impacts includes impacts to

3. 01 acres of catclaw acacia thorn scrub.

MM Vl-8 Agua Caliente Tribal Habitat Conservation Plan
• Prior to the issuance of grading and building permits, the project proponent shall pay the most current Valley Floor Conservation Area mitigation fee to the Agua Caliente Band of Cahuilla Indians. • Do not plant wildlife-poisoning oleander plants within the project boundaries.
• Direct all project lighting downward so that it does not interfere with the nocturnal activities of animals living within the adjacent Santa Rosa Mountains.

CULTURAL RESOURCES:

MM V-1 If buried materials are discovered during any earth-moving operations associated with the project, all work in the area should be halted or diverted until a qualified archaeologist can evaluate the nature and significance of the finds.

MM V-2 An Approved Cultural Resources Monitor(r}, as indicated by the Agua Caliente Tribal Historic Preservation Office, shall be present during any survey and/or ground disturbing activities.

MM V-3 Should cultural resources be encountered during site construction in any portion of the site, work shall immediately Item 1V - Page 115
Resolution No. 24265, 24266. 2426
-

7. and 24268
Conditions of Approval

cease a qualified archaeologist shall be contacted to evaluate the significance of the materials. Any significant findings shall be documented and presented to the State Historic Preservation Office (SHPO), Bureau of Indian Affairs (BIA), the Agua Caliente Band of Cahuilla Indians and the City, and shall be resolved to their satisfaction.

MM V-4 Copies of any cultural resources documentation generated in connection with this project shall be given to the Agua Caliente Cultural Register.

GEOLOGY AND SOILS:

MMV! 1
MMV/2
MMV/3
MMV/4
MMV/5
MM '116
MM Vl-7
MM V/-8
Reoompaotion of native soils shaJ.! ooour in aJ.! building areas.

Existing surfaoe soils shat! be over exoavated to a minimum of 4 feet below existing grade or a minimum of 3 feet beJow the f:ooting JeveJ, whiohever is tower.

Existing surfaoe soits shaJ.! be over exoavated to a minimum of 5 feet bey-ond exterior f:ootings.

The bottom of aJ.! sub exoa·1ation areas shall be soarified, moisture oonditioned and re oompaoted to at least 90% relative oompaotion (ASTM 1557) f:or an additionat of 1 foot.

Basement foundation areas shall be o•,1er exoavated to a minimum of 2 feet betow the footing Jevet.

The JateraJ extent of the basement sub grade preparation shaJ.! extend f:or a minimum of 2 feet be;1ond tho outer edge of exterior footing.

Note: Mitigation Measures MM Vl-1 to Vl-6 apply only to basement conditions, which are not contemplated under this
application. A corresponding deletion shall be made to the Initial Study. This does not constitute a significant change to the Project.

Native soil utilized, as engineered fill shall be free of deleterious and organic matter and free of rocks larger than 6 inches.

Imported fill materials shall be non-expansive, granular soils meeting uses classifications SM, SP-SM or SW-SM with a
maximum rick size of 3 inches and 5 to 35% passing the No. 200 sieve.

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-, and 24268
Conditions of Approval

MM V/-9 The Soil Engineer shall be contacted 48 hours in advance of importing soil to allow for evaluation of imported materials. Approval by the Soil Engineer will be based upon material delivered to the site and not the preliminary evaluation of import sources.

HYDROLOGY AND WATER QUALITY:

MM V/11-1 Prior to approval of a grading plan, the project proponent shall submit to the City Engineer for review and approval a hydrology study determining the volume of increased stormwater runoff due to development of the site and determining required stormwater runoff mitigation measures for the proposed development. Appropriate measures (on-site storm drainage improvements and on-site retention system) shall be included in the design of the site, as required by the City Engineer.

MM V/11-2 Prior to the issuance of any permit (grubbing, grading or building) on the site, the project proponent shall comply with the city's flood damage prevention ordinance and obtain city and FEMA approvals for development of the site within the 100 year floodplain causing any increase in flooding upstream or downstream of the site. No building permits can be issued for new homes until completion of all grading and . drainage improvements identified on the CLOMR and submittal of as- built documentation and analysis to FEMA and their issuance of a final LOMR.

NOISE:

MM Xl-1 During all project site excavation and grading on-site, construction contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers, consistent with manufacturer standards. The contractor shall place all stationary construction equipment so that emitted noise is directed away from the noise sensitive receptors nearest the project site.

MM Xl-2 The contractor shall locate equipment staging in areas that will create the greatest distance between construction-related noise/vibration sources and sensitive receptors nearest the project site during all project construction.

MM Xl-3 The project proponent shall mandate that the construction contractor prohibit the use of music or sound amplification on the project site during construction.

MM X/-4 A six foot perimeter wall shall be installed along the property line of all residential lots occurring adjacent to Palm Canyon Drive. The wall shall be of solid construction, with no gaps or holes.

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