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29136 KSL 2000 - see 602.01 Reimbursement) CITY OF LA QUINTA REIMBURSEMENT AGREEMENT TRACT 29136 - ADDITIONAL PAVEMENT IMPROVEMENTS ON MADISON STREET THIS REIMB RSEMENT AGREEMENT (the" Agreement") is made and entered into this c:::'<,f 70 day of , 2000, by and between KSL Development Corporation, a Delaware Corporaf e City of La Quinta, California, a California Municipal Corporation (the "City"). RECITALS: A. KSL is the subdivider and developer of property in the City of La Quinta known as Tract 29136 (the Tract) which is located on the northeast corner of Madison Street and Airport Road. B. Conditions of Approval for the Tract obligate KSL to widen the portion of northbound Madison Street lying adjacent to the Tract (the "Required Improvements"). C. For a uniform appearance of pavement, KSL opted, at it's own expense, to remove the top layer of pavement on the existing lane of pavement on northbound Madison Street (Lane 1). D. Upon removal of the top layer of pavement on Lane 1, KSL and City discovered that the existing pavement was of inadequate thickness to support anticipated traffic loadings. In addition, City discovered an area of failing pavement in the southbound lanes of Madison Street at its intersection with Airport Road. E. City desires that KSL, as part of its improvements to Madison Street, replace Lane #1 with pavement of adequate thickness to support projected traffic loadings and also remove and replace that area of failed pavement on southbound Madison Street (together, the "Additional Improvements"), subject to reimbursement for the additional cost thereof. NOW, THEREFORE, it is agreed by and betwèen the parties hereto as follows: 1 . Responsibilities of KSL. KSL shall construct the Additional Improvements defined in Exhibit A and bear the cost thereof. On or about the 10th day of each month in which costs are incurred, KSL shall submit invoices and supporting documentation for those costs. 2. Responsibilities of City. Within ten (10) working days following receipt of KSL's invoices and documentation, the City Engineer shall either approve or disapprove the invoices or portions thereof and submit the approved invoices for payment through the City's Demand Register. The City Engineer shall provide to KSL a written explanation for any portion of an invoice that is disapproved. 3. Cost of the Additional Improvements. The allowable total cost for completion of the Additional Improvements is shown on Exhibit A. KSL shall not exceed the total cost without prior approval of City. 4. Amount of Reimbursement. Reimbursement shall be for actual costs incurred by KSL for items eligible for reimbursement and for any additional items required in the course of construction of the Additional Improvements and agreed to by the parties hereto, subject to the provisions of Paragraph 3. 5. Warranty. For a period of one year following completion of the Additional Improvements and their acceptance by the City, which acceptance shall not be subject to completion of all improvements for the Tract, KSL agrees to assist City as necessary in obtaining from the contractor(s) constructing the Additional Improvements any necessary warranty repair or replacement of faulty work or materials. Tract 29136 Additional Improvements Page 1 of 4 6. Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations incurred herein so long as the injuring party commences to cure such injuring action within ten (ten) days of service of such notice and completes the cure within forty-five (45) days after the notification, or such longer period a~ may be agreed upon by both parties to this Agreement. 7. Attorney's Fees. If either party commences an action against the other arising out of or in connection with this Agreement, including the filing of a lien or other legal action to compel payment of the Reimbursement, the prevailing party shall be entitled to recover reasonable attorney's fees and legal costs from the losing party. 8. Indemnification. KSL agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action, of any nature whatsoever, arising out of or in any way connected with the performance of KSL, its officers, employees, agents, or representatives under this Agreement, including costs of suit and reasonable attorneys' fees. 9. City Officers and Emplovees: Non-Discrimination. No officer or employee of City shall be personally liable to KSL or any successor in interest in the event of any default or breach by City or for any amount which may become due to KSL or to its successor or for breach of any obligation of the terms of this Agreement. 10. Term of Agreement. This Agreement shall remain. in full force and effect for two years following the date it has been executed by both parties. 11. ~. .Any notice, demand, request, consent, approval, or communication either party desires or is required to give to the other party or any person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section. To City: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Attn: City Engineer To KSL: KSL Development Corporation 55920 PGA Blvd. La Quinta, CA 92253 760/564- 716 Attn: William J. Dodds 12. Assignment of Agreement. Neither party may assign its obligations hereunder to any assignee without the knowledge and consent of the other party hereto which other party shall not unreasonably withhold consent. Assignment may be made only to an assignee willing, financially capable and competent to carry out the assignor's obligations. 13. General Provisions. Tract 29136 Additional Improvements Page 2 of 4 A. Except as otherwise provided herein, the terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. B. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. C. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. D. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any rights or remedies provided for herein. E. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 14. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 15. Authority of Signatories. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties are formally bound to the provisions of this Agreement. * * * * * Tract 29136 Additional Improvements Page 3 of 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. Approved as to Form: ,(l!l1.uLYl (?L_¡~u--tLP City Attorney ~/I ((]V Date City: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 ~ /~ooo Daté / Tom Genovese, City Manager ATTEST: q;.,d g. ~j City C KSL: KSL Development Corporation 55920 PGA Blvd. La Qui ta, CA 92253 By: ) I Zð J ð<;) Daté Title: V ("(jL Yr(j--ìw~\ By: Date Title: Tract 29136 Additional Improvements Page 4 of 4 Exhibit A ADDITIONAL IMPROVEMENTS - TRACT 29136 Item # Description Units Unit Cost Quantity Total Cost NORTHBOUND LANE (LANE 1) 1 Traffic Control Ls. $7,600.00 all $7,600 2 Remove 0.275' A.C. & Base s.f. 0.35 34,272 11,995 3 Install 0.275' A.C. s.f. 0.80 34,272 27,418 SOUTHBOUND LANE 4 Mobilization Ls. $1,500.00 all 1,500 5 Traffic Control Ls. 1,500.00 all 1,500 6 Remove 4 % " A.C & Base c.y. 47.00 100 4,700 7 Install 4 %" A.C. s.f. 1.50 5,525 8.287 Total Cost for Additional Improvements: $63,000 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~ I State of California County of ~ Ii ¿ I' \,. ; d .e-. } 55 On , - :2~ - CO I 'I , before me, Date personally appeared ( (, r, Name(s) 0 Signer(s) 'tsI personally known to me 6' proved to me on the basis of satisfactory evidence [, f@-- - ~ ~~æ:.I.. J Nabr ftIbIc-Calb.&x j Mtc..~;.ec;:rw·2œf..' ----- -___.J;;.. 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 r' I' r, ( [. [, Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. I [ [, Description of Attached D~~~men~,¡ '.. Ill· II '" . .~ Title or Type of Document: -1J. U flUf' .... I1- ~ ~JA,..,U ~ c¡ J ~ iLl o Document Date: Number of Pages: Signer(s) Other Than Named Above: [, ~ Capacity(ies) Claimed by Signer Signer's Name: o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator o Other: Top of thumb here RIGHT THUMBPRINT OF SIGNER I, Signer Is Representing: © 1997 National Notary Association' 9350 De Soto Ave" P.O. Box 2402 . Chatsworth, CA 91313-2402 Prod. No, 5907 Reorder: Call Toll-Free 1-800-876-6827 CITY OF LA QUINT A SUBDIVISION IMPROVEMENT AGREEMENT Tract 29136 THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this 14th day of September, 19 99, by and between KSL Land Corporation, a Delaware Corporation hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or parcel map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 29136 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or parcel map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, parcel map or waiver of parcel map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3. B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). C:\WINDOWS\TEMP\29136.WPD Page 2 of 6 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off-site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. C:\WINDOWS\TEMP\29136.WPD Page 3 of 6 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Majeure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie-outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly-authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As-Built," "As-Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Securitv. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment secu rity released. 14. City Riaht to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, C:\WINDOWS\TEMP\29136,WPD Page 4 of 6 and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severabilitv. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non-prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. C:\WINDOWS\TEMP\29136.WPD Page 5 of 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 ê?~¿ Thomas P. Genovese, City Manager 1~,/r Ii Date ATTEST: ~ "'{ i1 ~ -4 ~l~ Ci erk J , SUBDIVIDER: KSL Land Corporation, a Delaware Corporation 55-920 PGA Blvd. La Quinta, CA 92253 (760) 564~:r 7jrt 11 Date ( By: Date Title: Reviewed and Approved: j: Æ I r City Engineer / 7/¿3/t!,? Date Approved as to Form: ,~ {J. tL" ..~ City Attorney ql2.2(q~ Date C:\WINDOWS\TEMP\29136,WPD Page 6 of 6 Exhibit A SECURITY - TRACT 29136 Except as otherwise provided herein, Subdivider shall furnish performance security and labor & materials security prior to agendization of the Map for approval by the City Council. Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. The "Engineering & Plans" security will be released when the City has possession of complete, approved, original plans, signed and sealed by a design professional(s), for all required improvements. The "No-Plan Contingency", which may be utilized for any listed item or for other cost found necessary in the design or construction of the required improvements, may be released in whole or part by the City Engineer, at any time after construction plans are complete and the scope and nature of improvements are fully known. These releases shall be separate from and in addition to the reductions discussed below. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Streets & Storm Drainage - Onsite 1,874,958 1,874,958 Domestic Water 1,052,805 1,052,805 Sanitary Sewer 743,012 743,012 Electrical 519,750 519,750 Monumentation 25.344 ---º Construction Subtotal: $4,215,869 $4,190,525 Engineering & Plans (20% of Construction) 843,174 No-Plans Contingency (25% of Project) 1,264,761 Total: $6,323,804 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 3 \ U e.. V ~ '\ ~-e.- On Q-l'i -cz1 Date before me, ~ J }ss. I Æn~1 personally appeared )..2).'0"1 'J ] J J 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. 'J 'J ~ I' r, I' I, I [, I I' ~ ' J - -. - - ;~:~.:u.,; - f . Corm1Ission '12132œ $. Notay Public - ~""I.a I 2 RIverside COU'1ty ... i _ _ _ ~ec:"'.:.~~1:~1 OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. ~ Number of Pages: RIGHT THUMBPRINT OF SIGNER Top of thumb here I' Signer Is Representing: I' r, ræ- © 1997 National Notary Association' 9350 De Soto Ave" P.O, Box 2402 . Chatsworth, CA 91313-2402 Place Notary Seal Above I I (, ~ ' [ I ( ( I, Description of Attached ~ument . Title or Type of Document: ¡(..if fu~ Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: D Individual D Corporate Officer - Title(s): D Partner - D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Prod, No, 5907 Reorder: Call Toll-Free 1-800-876-6827 \ SUBDIVISION IMPROVEMENT BOND FAITHFUL PERFORMANCE (CALI FORN IA) MONUMENTATION Executed in One (1) Original Bond 814953S Initial Premium $ 253.00 for two years subject to renewal WHEREAS, The City Council of the City of La Quinta, State of California, and KSL Land Corporation, (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated September, 1999, and identified as project Tract 29136 (PGA WEST - Norman Course), is hereby referred to and made a part hereof; and Whereas, Said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now, therefore, we, the principal and DEVELOPERS INSURANCE COMPANY. 17780 Fitch, Irvine, CA 92714, as surety, are held firmly bound unto the City of La Quinta hereinafter called ("Obliaee"), in the penal sum of Twentv Five Thousand three Hundred Fortv Four and No/100 dollars ($25.344.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the mannertherein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City of La Quinta, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney's fees, incurred by city in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof, this instrument has been duly executed by the principal and surety above named, on October 28 , 1999. Principal DEVELOPERS INSURANC~ COMPANY~ BC'\(/I~ m ý) ~ ~. Nielsen, Attorney-in-Fact 17780 Fitch Irvine, CA 92714 , Agent's Address: HRH Insurance Services of Coachella Valley 77564 County Club Drive Suite 401 Palm Desert, California 92211-0449 OUTSTANDING BOND REPORT Name: KSl land Corporation (Norman Course) Tract No. 29136 Date of Contract: 9/14/99 Required Bond Amounts: $6,323,804 - Performance $4, 190,525 - Materials & labor Dates of Bond Reductions: Released on 10/5/99, subject to replacement for monumentation in the amount of $25,344 Outstanding Bonds: Amount: Bond No. Date Cancelled/Released: $6,323,804 8148605 Released on 11/3/99 $4, 190,525 8148605 Released on 11/3/99 $ 25,344 8149535 CITY OF LA QUINTA Attn: June Greek P. O. Box 1504 78-495 Calle Tampico La Quinta, CA 92253 DOC ~ 2004-0078628 02/03/2004 08:00A Fee:NC Page 1 of 18 Recorded in Official Records County of Riverside Gary L. Orso Assessor, County Clerk & Recorder 1111111111111111111111111111111111111111111111111111111 PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: JUNE S. GREEK, City Clerk AND WHEN RECORDED MAIL TO: M s PAGE SIZE DA PCOR NOCOR SMF MISC, A R COPY LONG REFUND NCHG EXAM SPACE ABOVE FOR RECORDER'S USE ONLY ...hrMl Lª-J RESOLUTION NO. 99-65 Tentative Tract 29136 Title of Document THIS AREA FOR RECORDER'S USE ONLY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) C:\MYDA T A \ WPDOCS\FORMS\Recorder. wpd RESOLUTION NO. 99-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP TO SUBDIVIDE 286.6 ACRES INTO LOTS FOR FUTURE RESIDENTIAL, GOLF COURSE, PRIVATE STREETS, COMMON AREAS, AND RELATED USES CASE NO.: TENTATIVE TRACT MAP 29136 APPLICANT: KSL LAND CORPORATION WHEREAS, the City Council of the City of La Quinta, California, did on the 18th day of May, 1999, hold a duly noticed Public Hearing to consider the request of KSL LAND CORPORATION for approval of a Tentative Tract Map to subdivide 286.6 acres into lots for future re'sidential, golf course, private streets, common areas, and related miscellaneous uses, located on the north side of Airport Boulevard, between Madison Street and Monroe Street in PGA West, more p~rticularly described as: APNS: 761-330-007 and 008, 761-330-030, and 761-330-038 through 040 WHEREAS, said Tentative Tract Map has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63). The La Quinta Community Development Department has determined that Tentative Tract 29136 is within Specific Plan 90-015 and is exempt from the California Environmental Quality Act of 1970, as amended, per Public Resources Code Section 65457 (a). An Environmental Impact Report (EA 90-159 for SP 90-015) was certified on December 3, 1991, by the City Council. An Environmental Assessment Addendum to the previously approved Environmental Impact Report was completed for Amendment #1 which was approved by the City Council on December 1, 1998. No changed circumstances, or conditions exist which would trigger the preparation of a subsequent Environmental Impact Report pursuant to Public Resources Code 21166; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings of approval to justify approval of said Tentative Tract Map 29136: Resolution No. 99-65 TT 29136/KSL Adopted: 5/18/99 P.ge 2 1. The proposed map and its design is consistent with the General Plan and applicable Specific Plan in that the lots are intended and designated for Low Density Residential and related recreational use. The development of the lots will comply with applicable development standards such as setbacks, height restrictions, density, etc. 2. The design of the subdivision and proposed improvements are not likely to cause environmental damage or substantially and avoidably injure fish, or wildlife, or cause serious public health problems since the project is primarily surrounded by development, or other urban improvements, and mitigation is required by the previous Environmental Impact Report and Mitigated Negative Declaration. 3. The design of the proposed map will not conflict with easements acquired by the public at large, for access through, or use of, property within the proposed Map since none presently exist. WHEREAS, in the review of this Tentative Tract Map, the City CouncH has considered, the effect of the contemplated action on housing J1eeds of the region for purposes of balancing those needs against the public service needs of the residents . of the City of La Quinta and its environs with available fiscal and environmental resources; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; 2. That it does hereby approve Tentative Tract Map 29136 for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 18th day of May, 1999, by the following vote, to wit: Resolution No. 99-65 1129136/KSl Adopted: 6/18199 Pege 3 AVES: NOES: Council Members Adolph, Henderson, Perkins, Sniff I Mayor Peña None ABSENT: None ABSTAIN: None UNDRA L. JU A, City Clerk City of La Quinta, California APPROVED AS TO FORM: (~ adn"ytV{7þp D~WN C. HONEYWELL, City Attorney City of La Quinta, California This Is to certify that the forðgØlng Is · futl, true and cørect copy 01 the original document containing ~ pag..; k I~ ~1 eo. which is on fife in the Office of the CIty cr\'\ t'4,C.. \" ~ .. \/It Clerk of the City 01 La Quinta. California DMed:~~ ~-: ~. ..-V June . reek. CMC/ME City Clerk RESOLUTION NO. 99-65 CONDITIONS OF APPROV AL- RECOMMENDED TENTATIVE TRACT MAP 29136 KSL LAND CORPORATION MAY 18, 1999 CONDITIONS OF APPROVAL GENERAL 1 . Upon their approval by the City Council, the City Clerk is directed to file these Conditions of Approval with the Riverside County Recorder for recordation against the properties to which they apply. 2. The subdivider agrees to defend, indemnify, and hold harmless the City of La Quinta (the ·'City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this tentative map or any final map thereunder. The City shall have sole discretion in se1ecting its defense counsel. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. 3. Tentative Tract Map 29136 shall comply with the requirements and standards of § § 66410 through 66499.58 of the California Government Code (the Subdivision Map Act) and Chapter 1 3 of the La Quinta Municipal Code (LOMC). 4. Prior to the issuance of a grading, construction or building permit, the applicant shall obtain permits and/or clearances from the following public agencies: · Fire Marshal · Public Works Department (Grading Permit, Improvement Permit) · Community Development Department · Riverside Co. Environmental Health Department · Coachella Valley Unified School District · Coachella Valley Water District (CVWD) · Imperial Irrigation District (liD) · California Water Quality Control Board (CWQCB) The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. P:\cc coa tt 29136 Resolution No. 99-65 IT 29136/KSL Final Concfations of Approval Adopted: 6/18/99 PBge2 The applicant shall comply wi1h applicable provisions of the City's NPDES stormwater discharge permit. For projects requiring project-specific NPDES construction permits, the applicant shall submit a copy of the Notice of Intent received from the CWQCB prior to issuance of a grading, or site construction permit. The applicant shall ensure that the required Storm Water Pollution Protection Plan is available for inspection at the project site. 5. The applicant shall comply with the terms and requirements of the infrastructure fee program in effect at the time of issuance of building permits. PROPERTY RIGHTS 6. Prior to approval of a final map, the applicant shall acquire or confer easements and other property rights required of the tentative map or otherwise necessary for construction, or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate, or grant access easements to the City for emergency servtces and for maintenance, construction, and reconstruction of essential improvements. 7. The applicant shall dedicate, or grant public and private street right of way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans, and as required by the City Engineer. 8. Right of way dedications required of this development include: a. Madison Street, Monroe Street and Airport Boulevard (Primary Arterials) - 55-foot halves of 11 O-foot rights of way Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. If the City Engineer determines that access rights to proposed street rights of way shown on the tentative map are necessary prior to approval of final maps dedicating the rights of way, the applicant shall grant interim easements to those areas within 60 days of written request by the City. Resolution No. 99-65 TT 29136/KSL Finel Concltlons of Approval Adopted: 5/18199 Page 3 9. The applicant shall dedicate ten-foot public utility easements contiguous with and along both sides of all private streets. The easements may be reduced to five feet with the express concurrence of Imperial Irrigation System. 1 O. The applicant shall create 20-foot-deep perimeter setbacks along public rights of way. The 20-foot depth i~ the average depth if meandering wall design is approved. The setback requirement applies to all frontage including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks, equestrian paths) are placed on privately-owned setbacks, the applicant shall dedicate blanket easements for those purposes. 11. The applicant shall dedicate easements necessary for placement of and access to utility lines and structures, mailbox clusters and common areas. 12. The applicant shall vacate abutter's rights of access to public streets and properties from aU frontage along the streets and properties except access points shown on the approved tentative map and along well site lots. 13. The applicant shall furnish proof of easements, or written permission, as appropriate, from owners of any abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments are to occur. 14. If the applicant proposes vacation, or abandonment of any existing rights of way, or access easements which will diminish access rights to any properties owned by others, the applicant shall provide approved alternate rights of way or access easements to those properties, or notarized letters of consent from the property owners 15. The applicant shall cause no easements to be granted, or recorded over any portion of this property between the date of approval by the City Council and the date of recording of any final map(s) covering the same portion of the property unless such easements are approved by the City Engineer. R.solutlon No. 99-65 IT 291361KSL Final Conditions of Approval Adopted: 6118/99 Page 4 FINAL MAPfS) AND PARCEL MAPCS) 16. Prior to approval of a final map, the applicant shall furnish accurate AutoCad files of the comp1ete map, as approved by the City' 5 map checker, on storage media and in a program format acceptable to the City Engineer. The files shall utilize standard AutoCad menu items 50 they may be fully retrieved into a basic AutoCad program. If the map was not produced in AutoCad, or a file format which can be converted to Au1oCad, the City Engineer may accept raster-image files of the map. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as Ifengineer," 'lsurveyor ,N and "architect" refer to persons currently certified, or licensed to practice their respective professions in the State of California. 17. Improvement plans shall be prepared by, or under the direct supervision of qualified engineers and landscape architects, as appropriate. Plans shall be submitted on 24" x 36" media in the categories of "Rough Grading, n "Precise Grading," "Streets & Drainage, II and "Landscaping." All plans except precise grading plans shall have signature blocks for the City Engineer. Precise grading plans shall have signature blocks for Community Development Director and the Building Official. Plans are not approved for construction until they are signed. "Streets and Drainage" plans shall normally include signals, sidewalks, bike paths, gates and entryways, and parking lots. 1'Landscaping" plans shall normany include irrigation improvements, 'andscape lighting and perimeter walls. Plans for improvements not listed above shall be in formats approved by the City Engineer. 18. The City may maintain standard plans, details and/or construction notes for elements of construction. For a fee established by City Resolution, the applicant may acquire standard plan and/or detail sheets from the City. Resolution No. 99-65 TT 29136/KSL Fin.1 Conditions of Approval Adopted: 5/18199 Peg. 5 19. When final plans are approved by the City, the applicant shall furnish accurate AutoCad files of the complete, approved plans on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. At the completion of construction and prior to final acceptance of improvements, the applicant shall update the files to reflect as-constructed conditions. If the plans were not produced in AutoCad, or a file format which can be converted to AutoCad, the City Engineer may accept raster-image files of the plans. IMPROVEMENT AGREEMENT 20. Depending on the timing of development of the parcels created by this map and the status of off-site improvements at that time, the subdivider may be required to construct improvements, to reimburse the City or others, for the cost of the improvements, to secure the cost of the improvements for future construction by others, or a combination of these methods. 21 . The applicant shall construct improvements and/or satisfy obligations, or furnish an executed, secured agreement to construct improvements and/or satisfy obligations required by the City prior to approval of a final map or parcel map, or issuance of a certificate of compliance for a waived parcel map. For secured agreements, security provided, and the release thereof, shall conform with Chapter 13, La Quinta Municipal Code. Improvements to be made, or agreed to shall include removal of any existing structures, or obstructions which are not part of the proposed improvements. 22. If improvements are secured, the applicant shall provide estimates of improvement costs for checking and approval by the City Engineer. Estimates shall comply with the schedule of unit costs adopted by City Resolution or Ordinance. For items not listed in the City's schedule, estimates shall meet the approval of the City Engineer. Resolution No. 99-65 IT 29136/KSL Fln.1 Conditions of Approvll Adopted: 6/18199 Page 6 Estimates for utilities and other improvements under the jurisdiction of other agencies shall be approved by those agencies. Security is not required for telephone, gas, or T.V. cable improvements. However, development-wide improvements shall not be agendized for final acceptance until the City receives confirmation from the telephone authority that the applicant has met all requirements for telephone service to lots within the development. 23. If improvements are phased with multiple final maps, or other administrative approvals (e.g., a Site Development Permit), off-site improvements and perimeter improvements shall be constructed as outlined in the "Street and Traffic Improvements" and "Landscaping and Wall" sections of these Conditions of Approval. 24. If the applicant fails to construct improvements, or satisfy obligations in a timely manner, or as specified in an approved phasing plan, or in an improvement agreement, the City shall have the right to halt issuance of building permits or final building inspections, withhold other approvals related to the development of the project or call upon the surety to complete the improvements. 25. The applicant's obligations for portions of the required improvements may, at the City's option, be satisfied by participation in a major thoroughfare improvement program if this development becomes subject to such a program. GRADING 26. This development shall comply with Chapter 8.11 of the LOMC (Flood Hazard Regulations). If any portion of any proposed building lot in the development is located within, or immediately adjacent to a flood hazard area as identified on the City's Flood Insurance Rate Maps, the development shall be graded to ensure that all floors and exterior fill (at the foundation) are above the level of the project flood and building pads are compacted to 95% Proctor Density. Prior to issuance of building permits for lots which are so located, the applicant shall receive Conditional Letters of Map Revision based on Fill (CLOMR/F) from FEMA. Prior to final acceptance by the City of subdivision improvements, the applicant shall have received final LOMR/Fs for all such lots. Resolution No. 99-65 TT 29136/KSL Final Conditions of Approval Adopted: 6/18199 Page 7 27. The applicant shall furnish a preliminary geotechnical ("soils") report and a grading plan prepared by a qualified engineer. The grading plan shall conform with the recommendations of the soils report and be certified as adequate by a soils engineer or engineering geologist. The plan must be approved by the City Engineer prior to issuance of a grading permit. A statement shall appear on final maps (if any are required of this development) that a soils report has been prepared pursuant to Section 17953 of the Health and Safety Code. 28. Slopes shall not exceed 5: 1 within public rights of way and 3: 1 in landscape areas outside the right of way unless otherwise approved by the City Engineer. 29. The applicant shall endeavor to minimize differences in elevation at abutting properties and between separate tracts and lots within this development. Building pad elevations on contiguous lots shall not differ by more than three feet except for lots within a tract, or parcel map, but not sharing common street frontage, where the differential shall not exceed five feet. If compliance with this requirement is impractical, the City will consider and may approve alternatives which minimize safety concerns, maintenance difficulties and neighboring-owner dissatisfaction with the grade differential. 30. Prior to occupation of the project site for construction purposes, the applicant shall submit and receive approval of a Fugitive Dust Control Plan prepared in accordance with Chapter 6. 16, LOMC. The Applicant shall furnish security, in a form acceptable to the city, in an amount sufficient to guarantee compliance with the provisions of the permit. 31 . The applicant shall maintain graded, undeveloped land to prevent wind and water erosion of soils. The land shall be planted with interim landscaping or provided with other erosion control measures approved by the Community Development and Public Works Departments. 32. Prior to issuance of building permits, the applicant shall provide building pad certifications stamped and signed by a civil engine.er, or surveyor. The certifications shall list approved pad elevations, actual elevations, and the difference between the two, if any. The data shall be organized by lot number and shall be listed cumulatively if submitted at different times. Resolution No. 99-65 TT 29136/KSL Fin" Conditions of Approvat Adopted: 5/18/99 Page 8 DRAINAGE The applicant shan comply with the provisions of Engineering Bulletin No. 97.03 and the following: 33. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 34. Stormwater falling on site during the peak 24-hour period of a 1 aO-year storm (the design storm) shall be retained within the development unless otherwise approved by the City Engineer. The tributary drainage area shall extend to the centerline of adjacent public streets. 35. Storm flow in excess of retention capacity shall be routed through a designated, unimpeded overflow outlet to the historic drainage relief route. 36. Storm drainage historically received from adjoining property shall be retained on site, or passed through to the overflow outlet. 37. Retention capacity shall be based on site-specific percolation data which shall be submitted for checking with drainage plans. The design percolation rate shall not exceed two inches per hour. 38. Nuisance water shall be retained on site and disposed of in a manner approved by the City Engineer. UTILITIES 39. The applicant shall obtain the approval of the City Engineer for the location of all above-ground utility structures, located offsite, or within perimeter setbacks, to ensure optimum placement for aesthetic as well as practical purposes. These structures include, but are not limited to, traffic signal cabinets, electrical vaults, water valves, and telephone stands. 40. Existing and proposed electric, telephone and cable utilities within, or adjacent to the proposed development shall be installed underground. Power lines exceeding 34.5 kv are exempt from this requirement. Resolution No. 99-65 TT 29136/KSL Finel Conditions of Approval Adopted: 6/18199 Page 9 41. Underground utilities shall be installed prior to overlying hardscape. The applicant shan provide certified reports of trench compaction for approval of the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 42. The City is contemplating adoption of a major thoroughfare improvement program. Any property within this development which has not been subdivided in accordance with this tentative map 60 days after the program is in effect shall be subject to the program as determined by the City. 43. The applicant shall install the following street improvements to conform with the General Plan street type noted in parentheses. (Public street improvements shall conform with the City's General Plan in effect at the time of construction.) A. OFF-SITE STREETS 1 . Madison Street, Monroe Street & Airport Boulevard - Construct 55-foot half of a 1 10-foot improvement plus raised landscape median and six-foot meandering sidewalk. The improvements shall be phased as follows: (a) Construct the east side of Madison Street and the west half of Airport Boulevard prior to the opening of any permanent access drive in the western half of the specific plan area, or when directed by the City, whichever comes first. (b) Construct the east half of Airport Boulevard and the west side of Monroe Street prior to the opening of any permanent access drive in the eastern half of the specific plan area, or when directed by the City, whichever comes first. (c) The subdivider may seek City Council approval to defer construction of all, or a portion of the off-site street improvements until the improvements are warranted. Resolution No. 99-66 TT 29136/KSl Flnel Conditions of Approval Adopted: 6/18/99 Page 10 B. TRAFFIC SIGNALS 1 . Airport Boulevard/Madison Street· 25 % fair-share responsibility 2. Airport Boulevard/Monroe Street - 25 % fair-share responsibility 3. Airport Boulevard/Entry Drive - '00% responsibility 4. Madison Street/Entry Drive w 100% responsibility unless cost is shared with development across the street. c. PRIVATE STREETS AND CULS DE SAC 1. Residential: 36-foot travel width. Width may be reduced to 32 feet with parking restricted to one side and 28 feet with on-street parking prohibited if there is adequate off· street parking for residents and visitors and the applicant provides for perpetual enforcement of the restrictions by the homeowners association. 2. Entry streets (divided) - 20-foot width between curb faces or flow lines for each section. 3. Cul-de-sac curb radius: 45 feet Main interior circulation routes, turn knuckles, corner cutbacks, bus turnouts, dedicated turn lanes, and other features contained in the approved construction plans may warrant additional street widths as determined by the City Engineer. 44. General access points and turning movements of traffic are limited to the following: A. Madison Street - Main entry drive centered approximately 1,350 feet north of the centerline of Airport Boulevard. B. Airport Boulevard - Main entry drive centered approximately 2,150 feet east of the centerline of Madison Street. C. Monroe Street - Main entry drive centered approximately 950 feet north of the south line of Lot B (centerline of Airport Boulevard). Resolution No. 99·65 TT 29136/KSl Final Conditions of Approval Adopted: 5/18/99 Page 11 D. Well Site Lots 18-20 - Driveways for utility authority access to the well sites (if approved in the well site development permitting process). 45. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs, and sidewalks. Mid-block street lighting is not required. 46. The applicant may be required to extend improvements beyond development boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 47. Improvements shall be designed and constructed in accordance with the LOMC, adopted standards, supplemental drawings and specifications, and as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 48. Street right of way geometry for knuckle turns and corner cut-backs shall conform with Riverside County Standard Drawings #801 and #805 respectively unless otherwise approved by the City Engineer. 49. Streets shall have vertical curbs, or other approved curb configurations which convey water without ponding and provide lateral containment of dust and residue for street sweeping. Unused curb cuts on any lot shall be restored to normal curbing prior to final inspection of permanent building(s) on the lot. 50. The applicant shall design street pavement sections using Caltrans' design procedure (20-year life) and site-specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows, (or approved equivalents for alternate materials): Residential & Parking Areas Collector Secondary Arterial Primary Arterial Major Arterial 3.0" a.c./4.50" a.b. 4.0" /5.00" 4.0" /6.00" 4.5"/6.00" 5.5"'6.50" Resolution No. 99-65 TT 29136/KSL Fin.1 Conditions of Approvll Adopted: 511 B199 Page 12 51. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 52. The City will conduct final inspections of homes and other habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly-maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on-site streets are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the tract or when directed by the City, whichever comes first. LANDSCAPING AND PERIMETER WALL 53. The applicant shall provide landscaping in perimeter setbacks and common lots. 54. The applicant shall provide decorative walls around the tentative map perimeter. 55. Walls and perimeter landscaping shall be constructed with adjacent tracts or as directed by the City, whichever comes first. 56. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape arch ¡tect . The applicant shall submit plans for approval by the Community Development Department prior to plan checking by the Public Works Department. When plan checking is complete, the applicant shan obtain the signatures of CVWD and the Riverside County Agricultural Commissioner prior to submitting for signature by the City Engineer. Plans are not approved for construction until signed by the City Engineer. Resolution No. 99-65 TT 29136fKSL Final Concitions of Approval Adopted: 5/18/99 Page 13 57. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn shall be minimized with no lawn or spray irrigation within 18 inches of curbs along public streets. PUBLIC SERVICES 58. The applicant shall provide public transit improvements as required by Sunline Transit and/or the City. QUALITY ASSURANCE 59. The applicant shall employ construction quality-assurance measures which meet the approval of the City Engineer. 60. The applicant shall employ, or retain qualified civil engineers, geotechnical engineers, surveyors, or other appropriate professionals to provide sufficient construction supervision to be able to furnish and sign accurate record drawings. 61 . The applicant shall arrange and bear the cost of measurement, sampling and testing procedures not included in the City's inspection program, but required by the City as evidence that construction materials and methods comply with plans and specifications. Where retention basins are installed, testing shall include a sand filter percolation test, as approved by the City Engineer, after tributary-area improvements are complete and soils have been permanently stabilized. 62. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all public improvement plans which were signed by the City Engineer. Each sheet shall be clearly marked "Record Drawings," "As-Built" or "As-Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. The applicant shall revise the CAD, or raster-image files previously submitted to the City 10 reflect as-constructed conditions. Resolution No. 99-65 IT 29136/KSL Finel Conditions of Approvel Adopted: 5118/99 Page 14 MAINTENANCE 63. The applicant shall make provisions for continuous, perpetual maintenance of all required improvements unless and until expressly released from said responsibility by the City. This shall include formation of a homeowners' association or other arrangement acceptable to the City for maintenance of retention basins, common areas and perimeter waUs and landscaping. FEES AND DEPOSITS 64. The applicant shall pay the City's established fees for plan checking and construction inspection. Fee amounts shall be those in effect when the applicant makes application for plan checking and permits. If this subdivision falls within an existing assessment district or in an area that may be subject to an assessment district, add the following condition: 65. Prior to approval of a final map or completion of any approval process for modification of boundaries of the property or lots subject to these conditions, the applicant shall process a reapportionment of any bonded assessment(s) against the property and pay the cost of the reapportionment.