HomeMy WebLinkAboutResolution 2012-79 TM 36404 Villa PortofinoCITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: ADOPT RESOLUTION NO. 2012-79 APPROVING TRACT
MAP NO. 36404 AND THE IMPROVEMENT AGREEMENT
RELATED THERETO CONTINGENT UPON PAYMENT OF THE
PARK FEE OR APPROPRIATE SECURED AGREEMENT AS
APPROVED BY THE CITY ATTORNEY, AND RECEIPT OF
EXECUTED DEVELOPMENT AGREEMENT, CONDITIONAL
CERTIFICATE OF COMPLIANCE, AND CC & R AGREEMENT
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
APPLICANT: VP Builders, LLC
c/o Rudy Herrera, Family Development
-i3o'3 I Fred Waring Drive
Palm Desert, CA 92260
DATE: December 13, 2012
CONTENTS: Resolution No. 2012- 79
Improvement Agreement
Conditions of Approval
Tentative Map
Final Map
Conditional Certificate of Compliance
Vicinity Map
Recommendation
Waive further reading and adopt Resolution No. 2012- 79 approving
Tract Map No. 36404 and the Improvement Agreement related thereto
contingent upon payment of the Park Fee or appropriate secured
agreement as approved by the City Attorney, and receipt of executed
Development Agreement, Conditional Certificate of Compliance, and CC &
R Agreement.
Background
Tract Map No. 36404 provides for the legal subdivision of the Villa Portofino
development located at the southwest corner of Country Club Drive and Portola
Staff Report
Adopt Resolution No. 2012- 79 Approving Tract Map 36404
Page 2 of 2
December 13, 2012
Avenue. The total area within the map boundary containing approximately 58 acres is
being subdivided into five developable lots. The prior developed Phase 1 of the project,
located generally in the center of the development, is not a part of this map. Lots 1, 2,
and 5 are designated for condominium purposes, and Lots 3 and 4 that front onto
Portola Avenue are currently approved for skilled nursing and assisted living use. No
construction is currently proposed for Lots 2, 3, and 4.
The map also includes one lot for the clubhouse, one lot for a water retention basin, and
one lot for a well site for Coachella Valley Water District. By recommendation of the
Planning Commission, City Council at its meeting of October 11, 2012, found that the
related Development Agreement is consistent with the General Plan and adopted
Resolution 2012-69 approving modifications to Precise Plan 98-21, a Conditional
Certificate of Compliance, and Tentative Tract Map No. 36404. City Council then
adopted Ordinance 1251 approving the Development Agreement at its meeting of
October 25, 2012.
The Conditional Certificate of Compliance approves prior subdivisions that were caused
by previously recorded condominium plans that were not reviewed and approved by the
City and effectively did not comply with the Subdivision Map Act. This map
memorializes the provisions of the Conditional Certificate of Compliance, which
Certificate will be recorded concurrently with the map.
The required improvement bonds and related agreement guarantee the construction of
full improvements/widening of the west side of Portola Avenue along the project's
frontage, and the full improvements to the secondary access road between Portola
Avenue and Phase 1 of the development in two years, or when building permits are
pulled on either Lots 3 or 4, whichever occurs first.
Typically, the City receives a Park Fee prior to Council's consideration of map approval
for a residential subdivision in accordance with the Government Code (Quimby Act).
However, due to the unusual circumstances of this particular project and the significant
amount of the fee for the entire mapped portion of the project, staff and the City
Attorney recommend collecting this fee at the time of building permit issuance. The
developer will need to enter into an agreement with the City, approved by the City
Attorney, to collect the fee in this manner.
Those conditions of approval related to the map have been satisfied. This map
conforms to the requirements of the Subdivision Map Act and City Ordinance, and it is
substantially the same as it appeared on the tentative map.
Staff Report
Adopt Resolution No
Page 2 of 2
December 13, 2012
Fiscal Analysis
2012- 79 Approving Tract Map 36404
Approval of the Tract Map will allow the construction of new condominium units resulting
in revenue to the General Fund from building permit fees and a slight increase in
property tax revenue. There will also be a nominal increase in the cost of providing
services to these new residences.
Prepared By:
L • / �'/ a.�r J —1 wv'ry
rner R. Page GaL.S.
Senior Engine ,/City Surveyor
Paul S
roval:
, Director of Finance
John M. Wohlmuth, City Manager
Mark Gr en ood, P.E.,
Director bf[Public Works
AYESs
NOES:..Z �.......
ABSENTS
ABSTAIN:
VERIFIED BYs ELL
Original on File with City
Office
RESOLUTION NO. 2012- 79
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING THE MAP OF
TRACT NO. 36404 AND THE IMPROVEMENT AGREEMENT
RELATED THERETO
BE IT HEREBY RESOLVED, by the City Council of the City of Palm Desert,
California, as follows:
1. That the Map of Tract Map No. 36404 of the City of Palm Desert, California, is
hereby approved as the official map of said tract map, subject to the conditions of the
Tentative Map.
2. The Mayor and City Clerk are authorized to execute on behalf of the City a
Subdivision Agreement guaranteeing completion of the certain improvements required by
law.
3. The City Engineer is authorized to receive the improvement security, as
required by law, on behalf of the City, subject to the approval of the City Attorney as to
form.
4. The City Engineer is directed to process the Final Map for recording upon
receipt of the required improvement security and the payment of all fees.
PASSED, APPROVED, and ADOPTED by the City Council of the City of
Palm Desert, California, at its regular meeting held on the 131-h day of December, 2012, by
the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ROBERT A. SPIEGEL, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
FAMILY
DEVELOPMENT" 73081 FaFu WARim; Dii. I Rv Ni DISE10, CA 92260
Building Homes For Generations
November 06, 2012
Mr. John Wolmuth
City Manager
73-510 Fred Waring Drive
Palm Desert, CA 92270
RE: Park Fees Tract 36404
Dear Mr. Wolmuth
www.family�developmenthomes.com
City of Palm Desert
Community Devalopment
NOV 06 2012
The letter is to formally request the City of Palm Desert City Council allow that any parks the will be
required by the City for this tract be paid a building permit. We will enter into agreement with
Engineering Department along with Building in Safety to ensure that the fees will be paid at the time of
building permit.
Scer y,�k
dyC.
Herrera
VP -Builders, LLC & VP -Land, LLC Manager
CC: Jerry Robinson
Mark Greenwood
Kevin Swartz
SUBDIVISION IMPROVEMENT AGREEMENT
DATE OF AGREEMENT:
NAME OF SUBDIVIDER:
(referred to as "SUBDIVIDER")
20
NAME OF SUBDIVISION: VILLA PORTOFINO LOTS: 1-5, A-F
(referred to as "SUBDIVISION").
TENTATIVE MAP RESOLUTION OF APPROVAL NO.: (TM No: 36404)
(referred to as "Resolution of Approval")
IMPROVEMENT PLANS APPROVED ON:
(referred to as "Improvement Plans")
ESTIMATED TOTAL COST OF IMPROVEMENTS:$
ESTIMATED TOTAL COST OF MONUMENTATION:
SURETY:
BOND NOS:
SURETY:
-OR-
IRREVOCABLE STAND-BY LETTER OF CREDIT NO.
FINANCIAL INSTITUTION:
-OR-
CASH/CERTIFICATE OF DEPOSIT, AGREEMENT DATED:
FINANCIAL INSTITUTION:
This Agreement is made and entered into by and between the City of Palm Desert, a
municipal corporation of the State of California, hereinafter referred to as "CITY", and the
SUBDIVIDER.
RECITALS
PMPUB\DJE\1597
A. SUBDIVIDER has presented to CITY for approval and recordation, a final
subdivision map of a proposed SUBDIVISION pursuant to provisions of the Subdivision
Map Act of the State of California and the CITY's ordinances and regulations relating to the
filing, approval and recordation of subdivision maps. The Subdivision Map Act and the
CITY's ordinances and regulations relating to the filing, approval and recordation of
subdivision maps are collectively referred to in this Agreement as the "Subdivision Laws".
B. A tentative map of the SUBDIVISION has been approved, subject to the
Subdivision Laws and to the requirements and conditions contained in the Resolution of
Approval. The Resolution of Approval is on file in the Office of the City Clerk and is
incorporated into this Agreement by reference.
C. The Subdivision Laws establish as a condition precedent to the approval of a
final map that SUBDIVIDER must have complied with the Resolution of Approval and must
have either (a) completed, in compliance with CITY standards, all of the improvements and
land development work required by the Subdivision Laws or the Resolution of Approval or
(b) have entered into a secured agreement with CITY to complete the improvements and
land development within a period of time specified by CITY.
D. In consideration of the approval of a final map for the SUBDIVISION by the
City Council, SUBDIVIDER desires to enter into this Agreement, whereby SUBDIVIDER
promises to install and complete, at SUBDIVIDER's own expense, certain improvement
work, including the construction of a temporary emergency vehicle/permanent secondary
access road across Lot 3 and Lot 4 as set forth on the final map as specified in the
conditions of approval of the Resolution of Approval (the "Secondary Access Road") and
the construction of certain street improvements along Portola Avenue as specified in the
conditions of approval of the Resolution of Approval (the "Portola Improvements"), required
RMPUB\DJE\1597 -2-
by CITY in connection with the proposed SUBDIVISION. SUBDIVIDER has secured this
Agreement by improvement security required by the Subdivision Laws and approved by the
City Attorney.
E. Complete Improvement Plans for the construction, installation, and
completion of the improvements have been prepared by SUBDIVIDER and approved by
the City Engineer. The Improvement Plans numbered as referenced previously in this
Agreement are on file in the Office of the City Engineer and are incorporated into this
Agreement by this reference. All references in this Agreement to the Improvement Plans
shall include reference to any specifications for the improvements as approved by the City
Engineer.
F. An estimate of the cost for construction of the public improvements, including
the Secondary Access Road and the Portola Improvements, and performing land
development work in connection with the improvements according to the Improvement
Plans has been made and has been approved by the City Engineer. The estimated
amount is stated on Page 1 of this Agreement. The basis for the estimate is attached as
Exhibit "A" to this Agreement.
G. CITY has adopted standards for the construction and installation of
improvements within the CITY. The Improvement Plans have been prepared in
conformance with CITY standards in effect on the date of the Resolution of Approval.
H. All public improvement monuments, street signs, and survey monuments as
specified on the final map are.to be completed prior to final formal acceptance by the City
Council. Individual property monuments must be installed within one year from the formal
final Council acceptance of said SUBDIVISION.
RMPUB\DJE\1597 - 3 -
I. SUBDIVIDER recognizes that by approval of the final map for SUBDIVISION,
CITY has conferred substantial rights upon SUBDIVIDER, including the right to sell, lease,
or finance lots within the SUBDIVISION. As a result, CITY will be damaged to the extent of
the cost of installation of the improvements by SUBDIVIDER's failure to perform its
obligations to commence construction of the improvements by the time established in this
Agreement. CITY shall be entitled to all remedies available to it pursuant to this
Agreement and law in the event of a default by SUBDIVIDER. It is specifically recognized
that the determination of whether a reversion to acreage or rescission of the SUBDIVISION
constitutes an adequate remedy for default by the SUBDIVIDER shall be within the sole
discretion of CITY.
NOW, THEREFORE, in consideration of the approval and recordation by the City Council
of the final map of the SUBDIVISION, SUBDIVIDER and CITY agree as follows:
(1) SUBDIVIDER's Obligation to Construct Improvements
SUBDIVIDER shall:
(a) Comply with all the requirements of the Resolution of Approval, and
any amendments thereto, and with the provisions of the Subdivision
Laws.
(b) Complete at SUBDIVIDER's own expense prior to issuance of any
additional building permits for the project, temporary improvements to
the Secondary Access Road for Emergency Vehicle Access,
including:
1. The intersection with Portola Avenue/driveway approach shall be fully improved.
2. The centerline of the temporary improvements must be aligned with the property
line between Lots 3 and 4 on the final map.
3. A crash gate with knox box shall be constructed at the intersection with Villa Del
Pellegrino.
4. The bank along the north side of the access road shall be cut back to a slope no
steeper than 3:1.
RMPUB\DJE\1597 -4-
Within two years from the date of execution of this agreement, but prior to the issuance of
any building permits within either Lot 3 or Lot 4 of the TTM, the following improvements
shall be completed at the SUBDIVIDER'S own expense:
1. The Portola Improvements.
2. All permanent, full improvements to the Secondary Access Road, which intersects
with Portola Avenue, as required by the project approvals.
All improvement work required by the Resolution of Approval shall be in conformance with
approved Improvement Plans. The improvements shall not be deemed to be completed
until accepted by City Council as provided in Section (17) herein.
(c) Furnish the necessary materials for completion of the public and
private improvements, including the Emergency Vehicle/Secondary Access Road and
Portola Improvements, in conformity with the Improvement Plans.
(d) Acquire, or pay the cost of acquisition by CITY, and dedicate, or
cause to be dedicated, all rights -of -way, easements and other interests in real property for
construction and installation of the public improvements, free and clear of all liens and
encumbrances. The SUBDIVIDER's obligations with regard to acquisition by CITY of off -
site rights -of -way, easements and other interests in real property shall be as set forth in the
Amended and Restated Development Agreement for the project between, among other
parties, SUBDIVIDER and CITY (Development Agreement). SUBDIVIDER shall also be
responsible for obtaining any public or private sanitary sewer, domestic water, drainage,
and/or utility easements or authorization to accommodate the SUBDIVISION.
(e) Commence construction of the improvements by the time established
in Section (22) of this Agreement and complete the improvements by the deadline stated in
Section (1)(b) above, unless a time extension is granted by the CITY as authorized in
Section (22).
RMPUB\DJEV 597 _ 5 _
(f) Install all SUBDIVISION public improvement monuments required by
law and prior to formal final acceptance of the public improvements by CITY. Individual
property monuments shall be installed within one year of said acceptance.
(g) Install street name signs conforming to CITY standards. Permanent
street name signs shall be installed before acceptance of the improvements by CITY.
(2) Acquisition and Dedication of Easements or Rights -of -Way. If any of the
public improvement and land use development work contemplated by this Agreement is to
be constructed or installed on land not owned by CITY or SUBDIVIDER, no construction or
installation shall be commenced before:
(a) The offer of dedication to CITY of appropriate rights -of -way,
easements or other interests in real property, and appropriate authorization from the
property owner to allow construction or installation of the improvements or work, or
(b) The dedication to, and acceptance by, CITY of appropriate rights -of -
way, easements or other interests in real property, as determined by the City Engineer, or
(c) The issuance by a court of competent jurisdiction pursuant to the State
Eminent Domain Law of an order of possession. SUBDIVIDER shall comply in all respects
with the order of possession.
Nothing in this Section (2) shall be construed as authorizing or granting an extension
of time to SUBDIVIDER.
(3) Security. SUBDIVIDER shall at all times guarantee SUBDIVIDER's
performance by furnishing to CITY, and maintaining, good and sufficient security as
required by the Subdivision Laws on forms approved by CITY for the purposes and in the
amounts as follows:
RMPUB\DJE\1597 _ 6 _
(a) to assure faithful performance of this Agreement in regard to said
improvements in an amount of 100% of the estimated cost of the improvements; and
(b) to secure payment to any contractor, subcontractor, persons renting
equipment, or furnishing labor and materials for the improvements required to be
constructed and installed pursuant to this Agreement in the additional amount of 50% of
the estimated cost of the improvements; and
(c) to guarantee or warranty the work done pursuant to this Agreement for
a period of one year following acceptance thereof by CITY against any defective work or
labor done or defective materials furnished in the additional amount of 10% of the
estimated cost of the improvements; and
(d) SUBDIVIDER shall also furnish to CITY good and sufficient security in
the amount of one hundred percent (100%) of the estimated cost of setting SUBDIVISION
monuments as stated previously in this Agreement in Section (1)(f) for a period of one year
plus thirty (30) days from formal acceptance by the City Council.
The securities required by this Agreement shall be kept on file with the City Clerk.
The terms of the security documents referenced on page 1 of this Agreement are
incorporated into this Agreement by this reference. If any security is replaced by another
approved security, the replacement shall: 1) comply with all the requirements for security in
this Agreement; 2) be provided to the City Engineer to be filed with the City Clerk and,
upon filing, 3) shall be deemed to have been made a part of and incorporated into this
Agreement. Upon provision of a replacement security with the City Engineer and filing of a
replacement security with the City Clerk, the former security may be released.
RMPUB\DJE\1597 -7-
(4) Alterations to Improvement Plans.
(a) Any changes, alterations or additions to the Improvement Plans not
exceeding ten percent (10%) of the original estimated cost of the improvements, which are
mutually agreed upon by CITY and SUBDIVIDER, shall not relieve or require replacement
or supplement of the improvement security given for faithful performance of this
Agreement. In the event such changes, alterations, or additions exceed 10% of the original
estimated cost of the improvement, SUBDIVIDER shall provide improvement security for
faithful performance as required by Section (3) of this Agreement for one hundred percent
(100%) of the total estimated cost of the improvements as changed, altered, or amended,
minus any completed partial releases allowed by Section (6) of this Agreement.
(b) The SUBDIVIDER shall construct the improvements in accordance
with CITY standards in effect at the time of adoption of the Resolution of Approval. Subject
to the terms of the Development Agreement, CITY reserves the right to modify the
standards applicable to the SUBDIVISION and this Agreement, when necessary to protect
the. public safety or welfare or comply with applicable state or federal law or CITY zoning
ordinances. If SUBDIVIDER requests and is granted an extension of time for completion of
the improvements, CITY may apply the standards in effect at the time of the extension.
(5) Inspection. SUBDIVIDER shall at all times maintain proper facilities and safe
access for inspection of the public improvements by CITY inspectors and to the shops
wherein any work is in preparation. Upon completion of the work, SUBDIVIDER may
request a final inspection by the City Engineer, or the City Engineer's authorized
representative. If the City Engineer, or the designated representative, determines that the
work has been completed in accordance with this Agreement, then the City Engineer shall
RMPUB\DJE\1597
-8-
certify the completion of the public improvements to the City Council. No improvements
shall be finally accepted by the City Council unless all aspects of the work have been
inspected and completed in accordance with the Improvement Plans. When applicable law
requires an inspection to be made by City at a particular stage of the work of constructing
and installing such improvements, CITY shall be given timely notice of SUBDIVIDER's
readiness for such inspection and SUBDIVIDER shall not proceed with additional work until
the inspection has been made and the work approved. SUBDIVIDER shall bear all costs of
inspection and certification. No improvements shall be deemed completed until accepted
by the City Council pursuant to Section (17) herein.
(6) Release of Securities. The securities required by this Agreement shall be
released as following:
(a) Security given for faithful performance of any act, obligation, work or
agreement shall be released upon the final completion and acceptance of the act or work,
subject to the provisions of subsection (b) hereof.
(b) The City Engineer may release a portion of the security given for
faithful performance of improvement work as the improvement progresses upon application
thereof by the SUBDIVIDER; provided, however, that no such release shall be for an
amount less than twenty-five percent (25%) of the total improvement security given for
faithful performance of the improvement work and that the security shall not be reduced to
an amount less than fifty percent (50%) of the total improvement security given for faithful
performance until final completion and acceptance of the improvement work. In no event
shall the City Engineer authorize a release of the improvement security which would reduce
such security to an amount below that required to guarantee the completion of the
improvement work and any other obligation imposed by this Agreement.
RMPUB\DJEU 597 _ 9 _
(c) Security given to secure payment to the contractor, his or her
subcontractors and to persons furnishing labor, materials or equipment shall, at six (6)
months after completion and acceptance of the work, be reduced to an amount equal to no
less than 125% of the total claimed by all claimants for whom liens have been filed and of
which notice has been given to the CITY, plus an amount reasonably determined by the
City Engineer to be required to assure the performance of any other obligations secured by
the Security. The balance of the security shall be released upon the settlement of all claims
and obligations for which the security was given.
(d) No security given for the guarantee or warranty of work shall be
released until the expiration of the warranty period and until any claims filed during the
warranty period have been settled. As provided in Section (10), the warranty period shall
not commence until formal final acceptance of all the work and improvements by the City
Council.
(e) CITY may retain from any security released, an amount sufficient to
cover costs and reasonable expenses and fees, including reasonable attorneys' fees.
(7) Iniury to Public Improvements, Public Property or Public Utilities Facilities.
SUBDIVIDER shall replace or repair or have replaced or repaired, as the case may be, all
public improvements, public utilities facilities and surveying or subdivision monuments
which are destroyed or damaged as a result of any work performed by or for SUBDIVIDER
under this Agreement. SUBDIVIDER shall bear the entire cost of replacement or repairs of
any and all public or public utility property damaged or destroyed by reason of any work
done under this Agreement, whether such property is owned by the United States or any
agency thereof, or the State of California, or any agency or political subdivision thereof, or
by CITY or any public or private utility corporation or by any combination of such owners.
RMPUB\DJE\I597 -10-
Any repair or replacement shall be to the satisfaction, and subject to the approval, of the
City Engineer.
(8) Permits. SUBDIVIDER shall, at SUBDIVIDER's expense, obtain all
necessary permits and licenses for the construction and installation of the improvements,
give all necessary notices and pay all fees and taxes required by law.
(9) Default of SUBDIVIDER.
(a) Default of SUBDIVIDER shall include, but not be limited to,
(1) SUBDIVIDER's failure to timely commence construction of the
improvements as required by this Agreement;
(2) SUBDIVIDER's failure to timely complete construction of the
improvements as required by this agreement;
improvements;
(3) SUBDIVIDER's failure to timely cure any defect in the
(4) SUBDIVIDER's failure to perform substantial construction work for
a period of twenty (20) calendar days after commencement of actual construction of the
work;
(5) SUBDIVIDER's insolvency, appointment of a receiver, or the filing
of any petition in bankruptcy either voluntary or involuntary which SUBDIVIDER fails to
discharge within thirty (30) days;
(6) -the commencement of a foreclosure action against the
SUBDIVISION or a portion thereof, or any conveyance in lieu or in avoidance of
foreclosure; or
(7) SUBDIVIDER's failure to perform, after any applicable cure period,
any other material obligation under this Agreement.
RMPUB\DJE\1597 - 11 -
(b) CITY reserves to itself all remedies available to it at law or in equity for
any material default of SUBDIVIDER's obligations under this Agreement. CITY shall have
the right, subject to this Section, to draw upon or utilize the appropriate security to mitigate
CITY's damages in event of material default by SUBDIVIDER. The right of CITY to draw
upon or utilize the security is additional to and not in lieu of any other remedy available to
CITY. It is specifically recognized that the estimated costs and security amounts may not
reflect the actual cost of construction or installation of the improvements and, therefore,
CITY's damages for SUBDIVIDER's default shall be measured by the actual cost of
completing the required improvements. The sums provided by the improvement security
may be used by CITY for the completion of the public improvements in accordance with the
improvement plans and specifications contained herein.
In the event of SUBDIVIDER's default under this Agreement, SUBDIVIDER
authorizes CITY to perform such obligation twenty (20) days after mailing written notice of
default to SUBDIVIDER and to SUBDIVIDER's surety if such default then remains uncured,
and agrees to pay the entire cost of such performance by CITY.
CITY may take over the work and prosecute the same to completion, by contract or
by any other method CITY may deem advisable, for the account and at the expense of
SUBDIVIDER, and SUBDIVIDER's surety shall be liable to CITY for any excess cost or
damages occasioned CITY thereby. In such event, CITY, without liability for so doing, may
take temporary possession of, and utilize in completing the work, such materials,
appliances, plants and other property belonging to SUBDIVIDER as may be on the site of
the work and necessary for performance of the work.
(c) Failure of SUBDIVIDER to comply with the terms of this Agreement
shall constitute consent to the filing by CITY of notice of violation against all the lots in the
RMPUB\DJE\1597 -12-
SUBDIVISION, or to rescind the approval or otherwise revert any unbuilt portion of the
SUBDIVISION to acreage. The remedy provided by this subsection (c) is in addition to and
not in lieu of other remedies available to CITY. SUBDIVIDER agrees that the choice of
remedy or remedies for SUBDIVIDER's breach shall be in the discretion of CITY.
(d) In the event that SUBDIVIDER fails to perform any obligation
hereunder, SUBDIVIDER agrees to pay all costs and expenses incurred by CITY in
securing performance of such obligations, including but not limited to fees and charges of
architects, engineers, attorneys, other professionals, and court costs.
(e) The failure of CITY to take an enforcement action with respect to a
default, or to declare a breach, shall not be construed as a waiver of that default or breach
or any subsequent default or breach of SUBDIVIDER.
(10) Warranty. SUBDIVIDER shall guarantee or warranty the work done pursuant
to this Agreement for a period of one year after final formal acceptance of the
SUBDIVISION by the City Council against any defective work or labor done or defective
materials furnished. If within the warranty period any work or improvement or part of any
work or improvement done, furnished, installed, or constructed by SUBDIVIDER fails to
fulfill any of the requirements of this Agreement or the improvement plans and
specifications referred to herein, SUBDIVIDER shall without delay and without any cost to
CITY, repair or replace or reconstruct any defective or otherwise unsatisfactory part or
parts of the work or structure. Should SUBDIVIDER fail to act promptly or in accordance
with this requirement, SUBDIVIDER hereby authorizes CITY, at CITY's option, to perform
the work twenty (20) days after mailing written notice of default to SUBDIVIDER and to
SUBDIVIDER's surety if such default then remains uncured, and agrees to pay the cost of
such work by CITY. Should CITY determine that an urgency requires repairs or
RMPUMDJEA597 -13-
replacements to be made before SUBDIVIDER can be notified, CITY may, in its sole
discretion, make the necessary repairs or replacement or perform the necessary work and
SUBDIVIDER shall pay to CITY the cost of such repairs.
(11) SUBDIVIDER Not Agent of CITY. Neither SUBDIVIDER nor any of
SUBDIVIDER's agents, contractors or subcontractors are or shall be considered to be
agents of CITY in connection with the performance of SUBDIVIDER'S obligations under
this Agreement.
(12) Iniury to Work. Until such time as the improvements are accepted by CITY,
SUBDIVIDER shall be responsible for and bear the risk of loss to any of the improvements
constructed or installed. Until such time as all improvements required by this Agreement
are fully completed and accepted by CITY, SUBDIVIDER will be responsible for the care,
maintenance of, and any damage to such improvements. CITY shall not, nor shall any
officer or employee thereof, be liable or responsible for any accident, loss or damage,
regardless of cause, happening or occurring to the work or improvements specified in this
Agreement prior to the completion and acceptance of the work or improvements. All such
risks shall be the responsibility of and are hereby assumed by SUBDIVIDER.
(13) Environmental Warranty. Prior to the acceptance of any dedications or
improvements by CITY, SUBDIVIDER shall certify and warrant that neither the property to
be dedicated nor SUBDIVIDER is in violation of any environmental law and neither the
property to be dedicated nor the SUBDIVIDER is subject to any existing, pending or
threatened investigation by any federal, state or local governmental authority under or in
connection with environmental law. Neither SUBDIVIDER nor any third party will use,
generate, manufacture, produce, or release, on, under, or about the property to be
dedicated, any hazardous substance except in compliance with all applicable
RMPUB\DJE\1597 -14-
environmental laws. SUBDIVIDER has not caused or permitted the release of, and has no
knowledge of the release or presence of, any hazardous substance on the property to be
dedicated or the migration of any hazardous substance from or to any other property
adjacent to, or in the vicinity of, the property to be dedicated. SUBDIVIDER's prior and
present use of the property to be dedicated has not resulted in the release of any
hazardous substance on the property to be dedicated. SUBDIVIDER shall give prompt
written notice to CITY at the address set forth herein of:
(a) Any proceeding or investigation by any federal, state or local
governmental authority with respect to the presence of any hazardous substance on the
property to be dedicated or the migration thereof from or to any other property adjacent to,
or in the vicinity of, the property to be dedicated;
(b) Any claims made or threatened by any third party against CITY or the
property to be dedicated relating to any loss or injury resulting from any hazardous
substance; and,
(c) SUBDIVIDER's discovery of any occurrence or condition on any
property adjoining in the vicinity of the property to be dedicated that could cause the
property to be dedicated or any part thereof to be subject to any restrictions on its
ownership, occupancy, use for the purpose for which is it is intended, transferability or suit
under any environmental law.
(14) Other Agreements. Nothing contained in this Agreement shall preclude CITY
from expending monies pursuant to agreements concurrently or previously executed
between the parties, or from entering into agreements with other subdividers for the
apportionment of costs of water and sewer mains, or other improvements, pursuant to the
RMPUB\DJE\1597
provisions of the CITY ordinances providing therefore, nor shall anything in this Agreement
commit CITY to any such apportionment.
(15) SUBDIVIDER'S Obligation to Warn Public During Construction. Until formal
final acceptance of the improvements, SUBDIVIDER shall give good and adequate warning
to the public of each and every dangerous condition existent in said improvements, and will
take all reasonable actions to protect the public from such dangerous condition.
(16) Vesting of Ownership. Upon formal final acceptance of the work by CITY and
recordation of the Resolution of Acceptance of Public Improvements, ownership of the
improvements constructed pursuant to this Agreement shall vest in CITY.
(17) Final Acceptance of Work. Acceptance of the work on behalf of CITY shall
be made by the City Council upon recommendation of the City Engineer after final
completion and inspection of all improvements. The City Council shall act upon the
Engineer's recommendation within sixty (60) days from the date the City Engineer certifies
that the work has been finally completed, as provided in Section (6). Such acceptance
shall not constitute a waiver of defects by CITY.
(18) Indemnity/Hold Harmless. CITY or any officer or employee thereof shall not
be liable for any injury to persons or property occasioned by reason of the acts or
omissions of SUBDIVIDER, its agents, or employees, contractors and subcontractors in the
performance of this Agreement. SUBDIVIDER further agrees to protect, defend, indemnify
and hold harmless CITY, its officials, boards and commissions, and members thereof,
agents and employees from any and all claims, demands, causes of action, liability or loss
of any sort, because of, or arising out of, acts or omissions of SUBDIVIDER, its agents,
employees, contractors and subcontractors in the performance of this Agreement, except
for such claims, demands, causes of action, liability, or loss arising out of the sole active
RMPUB\DJEU597 -16-
negligence of the CITY, its officials, boards, commissions, the members thereof, agents,
and employees, including all claims, demands, causes of action, liability, or loss because
of, or arising out of, in whole or in part, the design or construction of the improvements.
This indemnification and agreement to hold harmless shall extend to injuries to persons
and damages or taking of property resulting from the design or construction of said
SUBDIVISION, and the improvements as provided herein, and in addition, to adjacent
property owners as a consequence of the diversion of waters from the design and
construction of public drainage systems, streets and other public improvements.
Acceptance by CITY of the improvements shall not constitute an assumption by CITY of
any responsibility for any damage or taking covered by this Section. CITY shall not be
responsible for the design or construction of the property to be dedicated or the
improvements pursuant to the approved improvement plans or map, regardless of any
negligent action or inaction taken by CITY in approving the plans or map, unless the
particular improvement design was specifically required by CITY over written objection by
SUBDIVIDER submitted to the City Engineer before approval of the particular improvement
design, which objection indicated that the particular improvement design was dangerous or
defective and suggested an alternative safe and feasible design.
After acceptance of the improvements, the SUBDIVIDER shall remain
obligated to eliminate any defect in design or dangerous condition caused by the design or
construction defect; however, SUBDIVIDER shall not be responsible for routine
maintenance of any public improvements. Provisions of this Section shall remain in full
force and effect for ten (10) years following the acceptance by CITY of the improvements.
It is the intent of this Section that SUBDIVIDER shall be responsible for all liability for
design and construction of the improvements installed or work done pursuant to this
RMPUB\DJE\1597 -17-
Agreement and that CITY shall not be liable for any negligence, nonfeasance, misfeasance
or malfeasance in approving, reviewing, checking, or inspecting any work or construction.
The improvement security shall not be required to cover the provisions of this Section.
SUBDIVIDER shall reimburse CITY for all costs and expenses (including but not
limited to fees and charges of architects, engineers, attorneys, and other professionals,
and court costs) incurred by CITY in enforcing the provisions of this Section.
(19) Personal Nature of SUBDIVIDER'S Obligations. All ofSUBDIVIDER's
obligations under this agreement are and shall remain the personal obligations of
SUBDIVIDER notwithstanding a transfer of all or any part of the property within the
SUBDIVISION subject to this Agreement, and SUBDIVIDER shall not be entitled to assign
its obligations under this Agreement to any transferee of all or any part of the property
within the SUBDIVISION or to any other third party without the express written consent of
CITY.
(20) Sale or Disposition of SUBDIVISION. Seller or other SUBDIVIDER may
request a novation of this Agreement and a substitution of security. Upon approval of the
novation and substitution of securities, the SUBDIVIDER may request a release or
reduction of the securities required by this Agreement. Nothing in the novation shall relieve
the SUBDIVIDER of the obligations under Section (18) for the work or improvement done
by SUBDIVIDER.
(21) Time of the Essence. Time is of the essence in the performance of this
Agreement.
(22) Time for Commencement of Work; Time Extensions. SUBDIVIDER shall
commence substantial construction of the improvements required by this Agreement not
later than six (6) months after the date of this Agreement. In the event good cause exists
RMPUB\DJE\1597 -18-
as determined by the City Engineer, the time for commencement of construction or
completion of the improvements hereunder may be extended for a period or periods not
exceeding a total of two (2) additional years. The extension shall be executed in writing by
the City Engineer. Any such extension maybe granted without notice to SUBDIVIDER's
surety and shall not affect the validity of this Agreement or release the surety or sureties on
any security given for this Agreement. The City Engineer shall be the sole and final judge
as to whether or not good cause has been shown to entitle SUBDIVIDER to an extension.
Delay, other than delay in the commencement of work, resulting from an act of CITY, act of
God, or by storm or inclement weather, strikes, boycotts or similar political actions which
prevents the conducting of work, which SUBDIVIDER could not have reasonably foreseen
and, furthermore, were not caused by or unreasonably contributed to by SUBDIVIDER,
shall constitute good cause for and extension of the time for completion. As a condition of
such extension, the City Engineer may require SUBDIVIDER to furnish new security
guaranteeing performance of this Agreement as extended in an increased amount as
necessary to compensate for any increase in construction costs as determined by the City
Engineer.
(23) No Vesting of Rights. Performance by SUBDIVIDER of this Agreement shall
not be construed to vest SUBDIVIDER's rights with respect to any change in any zoning or
building law or ordinance.
(24) Notices. All notices required or provided for under this Agreement shall be in
writing and delivered in person or sent by mail, postage prepaid and addressed as
provided in this Section. Notice shall be effective on the date it is delivered in person, or, if
mailed, on the date of deposit in the United States mail. Notices shall be addressed as
follows unless a written change of address is filed with the City:
RMPUB\DJEU597
Notice to CITY:
Notice to SUBDIVIDER:
Notice to SURETY:
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, California 92260
Attn: Public Works Director
(25) Compliance With Laws. SUBDIVIDER, its agents, employees, contractors
and subcontractors shall comply with all federal, state and local laws in the performance of
the improvements and land development work required by this Agreement.
(26) Severability. The provisions of this Agreement are severable. If any portion
of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the
agreement shall remain in full force and effect unless amended or modified by the mutual
consent of the parties.
(27) Captions. The captions of this Agreement are for convenience and reference
only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation,
construction or meaning of any provisions of this Agreement.
(28) Litigation or Arbitration. In the event that suit or arbitration is brought to
enforce the terms of this Agreement, the prevailing party shall be entitled to litigation costs
and reasonable attorneys' fees.
(29) Incorporation of Recitals. The recitals to this Agreement are hereby
incorporated into in the terms of this Agreement.
RMPUB\DJE\1597 -20-
(30) Entire Agreement. This Agreement constitutes the entire agreement of the
parties with respect to the subject matter. All modifications, amendments, or waivers of the
terms of this Agreement must be in writing and signed by the appropriate representatives
of the parties.
(31) Interpretation. This Agreement shall be interpreted in accordance with the
laws of the State of California.
(32) Jurisdiction. Jurisdiction of all disputes over the terms of this Agreement
shall be in the County of Riverside, State of California.
(33) No Third Party Beneficiaries. This Agreement is made and entered into for
the sole protection and benefit of the City. No other person or entity shall have any right of
action based upon any provision of this Agreement.
///
///
RMPUB\DJE\l597
IN WITNESS WHEREOF, this Agreement is executed by the parties as of the date
hereinabove first written; by CITY, by and through its Mayor.
SUBDIVIDER
SUBDIVIDER
(Proper Notarization of
SUBDIVIDER's signature is
required and shall be attached)
CITY OF PALM DESERT
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
RMPUB\DJEU 597 - 2 2 -
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
County of
On
Date
before me,
Here Insert Name and Title of the Officer
personally appeared
Name(s) of Signer(s)
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 PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Place Notary Seal Above Signature Signature of Notary Public
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.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited CI General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer —Titie(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
ek
RIGHT THUMBPRINr
OF SIGNER
i
02007 National Notary Association • 9350 De Soto Ave., PO, Box 2402 • Chatsworth. CA 91313-2402 • www.NatiionalNotaryorg Item 45907 Reorder: Call Tolf-Free 1.600.876-6827
EXHIBIT "B" TO
VILLA PORTOFINO AMENDED AND RESTATED DEVELOPMENT AGREEMENT
CONDITIONS OF APPROVAL
CONDITIONS OF APPROVAL
CASE NOS. DA 11-516, PP 98-21 Amendment No. 2, and TTM 36404
DEPARTMENT OF COMMUNITY DEVELOPMENT:
1. The development of the property shall conform substantially with exhibits on file
with the Department of Community Development/Planning, as modified by the
following conditions.
2. Prior to issuance of a building permit for construction of any use contemplated by
this approval, the applicant shall first obtain permits and/or clearance from the
following agencies:
Coachella Valley Water District
City Fire Marshal
Public Works Department
Evidence of said permit or clearance from the above agencies shall be
presented to the Department of Building & Safety at the time of issuance of a
building permit for the use contemplated herewith.
3. Prior to issuance of any additional building permits for the Project, Designated
Owner shall enter into a long-term landscaping maintenance agreement, in a
form reasonably acceptable to the City, for maintenance of landscaping fronting
the Project on Country Club Drive, including the median, and all retention basins
within the Project (the "Landscaping Maintenance Agreement"). The
Landscaping Maintenance Agreement may be assigned by Designated Owner to
the HOA. Prior to the issuance of the first certificate of occupancy or completion
for the Portola Parcel, Country Club Drive Investors, successors and assigns,
shall enter into a long-term landscaping maintenance agreement, in a form
reasonably acceptable to the City, for maintenance of landscaping fronting the
Project on Portola Avenue (the "Portola Landscaping Maintenance Agreement").
All to be consistent with the Property Maintenance Ordinance (Ordinance No. 801),
the approved landscape plan, and the current addition of the City of Palm Desert
Plant Maintenance Guide.
4. Access to trash/service areas shall be placed so as not to conflict with parking
areas. The applicant shall contact Burrtec Waste and Recycling, Inc. to provide
trash and recycling services that shall include the provisions of and operation of
a stinger/bin truck to maneuver the bins to a collection area above ground from
within the underground service area. Depending on the location of the trash and
recycle bins, the trash enclosures may be required and shall be consistent with
the Palm Desert Municipal Code Chapter 8.12 and other conditions, such as
number, size, and location of enclosures to accommodate the required number
of bins. All bins or enclosures must be screened from public view.
5. All sidewalk plans shall be reviewed and approved by the Department of Public
Works.
6. The applicant shall submit design development plans to the Architectural Review
Commission before review of the construction drawings by the City.
7. All conditions of approval shall be recorded with the Riverside County Clerk's
office before any building permits are issued. Evidence of recordation shall be
submitted to the Department of Community Development/Planning.
8. The Final Development Agreement shall be recorded within 40 days of final
approval of the project by the City Council.
9. Prior to the City issuing any building permits for Lot 3 and Lot 4 on Tentative
Tract Map 36404, the existing block wall on Country Club Drive shall be
extended to the adjoining city owned fire station parcel.
10. Applicants shall defend, indemnify and hold harmless the city against any third
party legal challenge to these approvals, with counsel chosen by the city at
applicants expense. The defense obligation is described in more detail in the
Amended and Restated Development Agreement.
11. None of these project approvals is valid until recordation of the certificate of
approval and the Development Agreement. If a court voids any of the project
approvals, including the Certificate of Compliance or Development Agreement,
all of the development approvals shall be null and void.
12. The City Council approval of the Certificate of Compliance is to retroactively
approve the prior unapproved subdivision of the property.
13. Developer shall enter into a recordable Development Agreement to memorialize
these and other conditions placed on the project.
DEPARTMENT OF PUBLIC WORKS:
Prior to recordation of the Tract Map and any permits:
1. The applicant shall not be placed on the agenda for the first reading of City
Council until the preliminary WQMP is approved.
2. The final tract map shall be submitted to the Director of Public Works for review
and approval.
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3. Dedicate additional right of way for ultimate improvements at Portola Avenue
secondary access as set forth as Lot B of the tentative tract map.
4. The final tract map shall dedicate an additional 11' of right-of-way along Country
Club Drive for a total of 55' from center line as set forth as lot A thereon.
5. Reciprocal access easements and drainage easements between lots shall be
provided for on the final tract map or in the CC&R's.
6. The final tract map shall provide for a public 20' pedestrian easement and a
private 20' landscape easement within the 20' adjoining and along Portola
Avenue, and a private 20' landscape easement along Country Club Drive, in
addition to the street right of way noted above, as set forth on the tentative tract
map. An additional public pedestrian easement may be required on Country Club
Drive for any portion of sidewalk beyond 55-feet south of the street centerline.
7. Prior to City Council approval of the final tract map, the applicant shall construct or
enter into a subdivision agreement and post security, in a form and amount
acceptable to the City Engineer, guaranteeing the construction of all off -site
improvements. Improvements, as specified in the Development Agreement, shall
include:
a. Improvements on Portola Avenue including, but not limited to, the
installation of curb and gutter, asphalt paving, an 8' ADA compliant
meandering sidewalk, and a deceleration lane. Design shall be per the
approved site plan.
b. Full Improvements of the secondary access. The construction of an
emergency vehicle access road per section 2.21 of the Development
Agreement shall be completed before issuance of any additional building
permits for the project.
8. The emergency vehicle access road to Portola Avenue may be used by
construction traffic through the use of transponders or other means to actuate
the gates for the passing of each construction vehicle. The gates are not to be
left open at any time, except for Fire Department emergencies. The applicant is
responsible to ensure that public traffic and residents do not use this access
road. Construction access on the emergency vehicle access road is subject to
review by the Director of Public Works and may be revoked at any time.
9. Access rights shall be restricted along Portola Avenue except at the "Secondary
Access".
10. The construction of a block wall on Country Club Drive prior to issuance of any
building permits for units within Lots 3 and/or 4.
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11. Landscaping along Portola Avenue frontage shall be completed when
development within Lots 3 and/or 4 occurs.
11. The applicant shall pay the appropriate signalization fee in accordance with City of
Palm Desert Resolution Nos. 79-17 and 79-55 and drainage fee in accordance
with Section 26.49 of Palm Desert Municipal Code and Palm Desert Ordinance
Number 653.
12. The applicant will execute a recordable covenant agreeing to be bound by existing
CC&R's and to execute future amendments.
Prior to any further condominium plans being recorded, the applicant shall:
13. Record the final tract map. The condominium plans shall reference the final tract
map recording information.
14. Submit a sample grant deed relative to the conveyance of the units, and the
condominium plan, to the Public Works Department for review prior to the
recording of any further condominium plans and related deeds.
Prior to the issuance of grading permits the applicant shall:
15. Provide the City Engineer with evidence that a Notice of Intent (NOI) has been filed
with the State Water Resources Control Board. Such evidence shall consist of a
copy of the NOI stamped by the State Water Resources Control Board or the
Regional Water Quality Control Board, or a letter from either agency stating that
the NOI has been filed.
16. Submit a final Water Quality Management Plan (WQMP) for approval. The
WQMP shall identify the Best Management Practices (BMPs) that will be used
on the site to control predictable pollutant runoff. Prior to the issuance of grading
permit, the Operation and Maintenance Section of the approved final WQMP
shall be recorded with County's Recorder Office and a conformed copy shall be
provided to the Public Works Department.
17. Storm drain/retention area design and construction shall be contingent upon a
drainage study prepared by a registered civil engineer that is reviewed and
approved by the Department of Public Works.
18. Submit a PM10 application for approval. The applicant shall comply with all
provisions of Palm Desert Municipal Code Section 24.12 regarding Fugitive Dust
Control.
19. Submit precise grading plans for review and approval. Pad elevations on precise
grading plans shall conform to the range of elevations shown on the preliminary
grading plans approved by Planning Commission.
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20. Identify all proposed and existing utilities on the precise grading plan.
21. Submit a landscape plan concurrently with the precise grading plan for review and
approval. Applicants are advised to use the City of Palm Desert Design Guide
when designing plans. Landscape plans must meet the following criteria:
a. Must be water efficient in design and meet the City of Palm Desert's Water
Efficient Landscape Ordinance.
b. Planting plans must show location of proposed and existing utilities.
c. Must match approved civil plans.
d. All specs and details must be site specific.
e. Applicants must have CVWD approval of their irrigation plans prior to City
approval.
f. Applicants must have a stamp or signature from the County Agricultural
Commissioner before City approval.
22. Any deviation from the approved plans shall be reviewed for approval by the City
Engineer prior to work commencing.
23. The applicant shall enter into a landscape maintenance agreement as specified in
the Development Agreement.
DEPARTMENT OF BUILDING AND SAFETY:
Project must conform to the current State of California Codes adopted at the
time of plan check submittal. The following are the codes enforced at this time:
2007 CALIFORNIA BUILDING CODE (Based on.2006 IBC)
2007 CALIFORNIA MECHANICAL CODE (Based on 2006 UMC)
2007 CALIFORNIA PLUMBING CODE (Based on 2006 UPC)
2007 CALIFORNIA ELECTRICAL CODE (Based on 2005 NEC)
2007 CALIFORNIA ENERGY CODE (Based on the 2008 Energy Efficiency
Standards)
2007 CALIFORNIA BUILDING STANDARDS ADMINISTRATIVE CODE
2007 CALIFORNIA FIRE CODE
RIVERSIDE COUNTY FIRE DEPARTMENT:
1. The Fire Department requires the following fire protection measures be provided
in accordance with the City of Palm Desert Municipal Code, 2007 California
Building and Fire Codes with applicable NFPA and or any other nationally
recognized Fire Protection Standards. The Fire Department shall set the
minimum fire flow for the remodel or construction of al buildings per California
Fire Code Appendix B.
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2. The applicant shall provide a fire flow of 1500 gpm for a 1-hour duration at 20 psi
residual pressure from a permanently installed Fired Hydrant before any
combustible material is placed on the job site.
3. The applicant shall provided proof the existing water system is capable of
providing the minimum necessary gpm fire flow for 2500 gpm for multifamily
dwellings prior to any project approvals.
4. The applicant shall provide the required fire flow from a permanent wet Barrel
Super Hydrant with 1-4" and 2-2Y2" discharge outlets located not less than 25'
and no more than 165' from any portion of a multifamily dwelling prior to any
building permits approvals.
5. The applicant shall submit water plans to be reviewed and approved by the Fire
Marshal and include verification that the water system is capable of providing the
required fire flow.
6. The applicant shall install a complete NFPA 13 fire sprinkler system. This applies
to all buildings with a 3000 square foot total cumulative floor area. The Fire
Marshal shall approve the locations of all fire appliances including Post Indicator
Valves, Fire Department Connections and Fire Hydrants. All Fire Appliances
shall not be within 25 feet of a building and all Fire Department Connections
shall be within 50 feet of a Fire Hydrant.
7. All valves controlling the water supply for automatic sprinkler systems and water -
flow switches shall be monitored and alarmed per the 2007 California Building
and Fire Code.
8. The applicant shall install a complete NFPA 72 Fire Alarm/Sprinkler Monitoring
system as required by the 2007 California Building and Fire Code.
9. The applicant shall install portable fire extinguishers as per NFPA 10. The
applicant shall install a minimum of 1-2A10BC Fire Extinguisher for every 3,000
square feet, 3' to 5' above grade with no more than 75' walking distance from
any point of the business to the extinguisher. The applicant shall install a "K"
class fire extinguisher as required for commercial kitchens within 30' of the
hazard area.
10. The applicant shall install a Hood/Duct Fire Suppression system as per NFPA 96
for all public commercial and private cooking operations with the exception of a
single-family residence.
11. The applicant shall install an all weather Fire Department accessible roadway
extending to any portion of the building where as a 150' hose lay can be utilized
for the inaccessible building perimeter. Construction type of the same shall be
approved by the Fire Marshal and be rated for 80,000 lbs. Turf block will not be
accepted. Fire lane access roadway minimum width is 20' and height clearance
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is 13'6" Public roadway minimum unobstructed width is 36' with parking on both
sides. A Fire Apparatus Turn around shall be provided for dead end streets in
excess of 150' in length with approved cul-de-sac or hammer head dimensions.
12. Knox access devices shall be provided as follows:
• A Knox Padlock for every manual gated entrance.
13. The applicant shall install an illuminated building address in accordance to the
city standards for size and location. The building address shall be installed on
the building in an unobstructed locale and the color shall be contrasting to
background.
14. The applicant shall submit three sets of the following plans for review including
tenant improvement:
• Fire Alarm System
• Sprinkler System
• Fire Main Underground
• Hood Suppression System
• Site Plan to Scale
15. Conditions subject to change with adoption of new codes, ordinances, laws or
when building permits are not obtained within 12 months.
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RECORDING REQUESTED BY, AND
WHEN RECORDED MAIL TO:
City Clerk's Office
City of Palm desert
73-510 Fred Waring Drive
Pam Desert, CA 92260-2578
FOR THE BENEFIT OF THE CITY OF
PALM DESERT — NO FEE —
GOV'T CODE SECTION 6103
(This Space for Recorder's use Only)
CONDITIONAL CERTIFICATE OF COMPLIANCE
LOT 1 OF TRACT 29489
72500.00791\7572897.1
CONDITIONAL CERTIFICATE OF COMPLIANCE
This Conditional Certificate of Compliance (this "Certificate") is being issued by the City of
Palm Desert, California ("City") pursuant to and in accordance with the terms of Section
66499.35(b) of the California Government Code and local ordinances enacted by the City
pursuant thereto. All references to Sections hereunder shall mean and refer to the corresponding
Section of the California Government Code unless otherwise stated.
This Certificate relates only to issues of compliance or noncompliance with the Subdivision Map
Act and local ordinances enacted pursuant thereto. The parcels described herein may be sold,
leased, or financed without further compliance with the Subdivision Map Act or any local
ordinance enacted pursuant thereto. Development of the parcels may require issuance of a permit
or permits, or other grant or grants of approval.
Lot 1 of Tract No. 29489 (the "Master Parcel") as shown by Map on file in Book 311 Pages 60
and 61 of Maps, records of Riverside County (the "Tract Map") was not initially approved for
condominium purposes. However, the Condo Plans (as hereafter defined) were recorded against
the Master Parcel, building permits were issued by the City to construct condominium units
within the Master Parcel, certificates of occupancy have been issued for condominium units
constructed within the Master Parcel and completed condominium units within the Master Parcel
have been sold to buyers. Additionally, the Master Parcel has been effectively subdivided into
the Five Parcels (as hereafter defined) based upon the perimeter descriptions and depictions of
various condominium phases that were set forth in the Condo Plans.
Upon satisfaction of the Map Recordation Condition (as set forth below), the owners of the
Master Parcel shall have fulfilled the City's conditions to have (1) the Tract Map retroactively
deemed to be a final map for condominium purposes, with the approved number of
condominium unit as set forth herein, and (2) the Condo Plans retroactively deemed to be final
maps with respect to the Five Parcels pursuant to the terms hereof. The "Map Recordation
Condition" that must be satisfied prior to this Certificate becoming effective is the filing of
record of a Final Map (the "Final Project Map") derived from and based upon the final version of
Tentative Tract Map No. 36404 approved by the City (the "TTM"). The TTM, which is
applicable to portions of the Master Parcel, is attached hereto as Exhibit "A". This Certificate
includes references to, shall be read and interpreted in conjunction with, the Final Project Map.
The Five Parcels are included in or otherwise depicted on the Final Project Map as more
particularly described herein below.
Upon recordation in the official records of Riverside County, California, and upon the filing of
record of the Final Project Map, this Certificate shall confirm and establish, in compliance with
the requirements of the Subdivision Map Act and any City ordinances enacted pursuant thereto,
that (i) the Tract Map is and shall be deemed to be, on a retroactive basis as set forth herein, a
final map for condominium purposes, and (ii) the Condo Plans are and shall be deemed to be, as
applicable and on a retroactive basis as set forth herein, final maps for condominium purposes
with respect to the Phase 1 Parcel (as hereafter defined), the Phase 2 Parcel (as hereafter
1
72500.00791\7572897.1
defined), the Phase 3 Parcel (as hereafter defined), the Remainder Parcel (as hereafter defined)
and the Clubhouse Parcel (as hereafter defined).
PARCELS CONFIRMED BY THIS CERTIFICATE
Pursuant to this Certificate, and on and as of January 23, 2002, the Phase 1 Map (as hereafter
defined) shall be deemed and considered to constitute a Final Map for condominium purposes
with respect to Phase 1 (for a maximum of 72 units within Phase 1) as such Phase 1 is shown and
depicted on the Phase 1 Map (the "Phase 1 Parcel"), which Phase 1 Parcel shall deemed to be
accurately set forth on the Final Project Map as Condominium Plans Phase 1 (N.A.P.). The
Phase 1 Parcel is currently recognized as Assessor's Parcel Number 622-020-020-031.
Pursuant to this Certificate, and on and as of December 28, 2007, the Phase 2 Map (as hereafter
defined) shall be deemed and considered to constitute a Final Map for condominium purposes
with respect to (a) Phase 2 (for a maximum of 40 units within Phase 2) as such Phase 2 is shown
and depicted on the Phase 2 Map (the "Phase 2 Parcel"), which Phase 2 Parcel shall deemed to
be accurately set forth on the Final Project Map as Lot 2 thereof, and (b) Module 4, Module 5,
Module 6 and Module 7, but excluding therefrom any portion of "Lot A" included within
Module 6 and Module 7 (collectively on a combined basis so as to comprise a single parcel, the
"Module") (for a maximum of 238 units within the Module), as such Module is shown and
depicted on the Phase 2 Map (the "Remainder Parcel"), which Remainder Parcel shall deemed to
be accurately set forth on the Final Project Map as Lot 1 thereof. The Phase 2 Parcel is currently
recognized as Assessor's Parcel Number 622-020-093, and the Remainder Parcel is currently
recognized as a portion Assessor's Parcel Number 622-020-094 (with the other portion being the
Clubhouse Parcel).
Pursuant to this Certificate, and on and as of November 30, 2004, the Phase 3 Map (as hereafter
defined) shall be deemed and considered to constitute a Final Map for condominium purposes
with respect to Phase 3 (for a maximum of 120 units within Phase 3) as such Phase 3 is shown
and depicted on the Phase 3 Map (the "Phase 3 Parcel"), which Phase 3 Parcel shall deemed to
be accurately set forth on the Final Project Map, on a collective basis, as Lot 5 and Portion of
Condominium Plans Phase 3. The Phase 3 Parcel is currently recognized as Assessor's Parcel
Number 622-020-091.
Pursuant to this Certificate, and on and as of December 28, 2007, the Phase 2 Map shall be
deemed and considered to constitute a Final Map with respect to Future Phase 2A as same is
shown and depicted on the Phase 2 Map (the "Clubhouse Parcel"), which Clubhouse Parcel shall
deemed to be accurately set forth on the Final Project Map as Lot "C" thereof. The Clubhouse
Parcel is currently recognized as a portion Assessor's Parcel Number 622-020-094 (with the
other portion being the Remainder Parcel).
As used herein the term "Phase 1 Map" means the applicable portions of that certain
Condominium Plan for Villa Portofino Phase 1 recorded in the official records of Riverside
County on January 23, 2002 as Instrument Number 2002-038727, as amended by document
recorded December 28, 2007 as Instrument Number 2007-0769812. As used herein the term
"Phase 2 Map" means the applicable portions of that certain Condominium Plan for Villa
2
72500.00791\7572897.1
Portofino Phase 2 recorded in the official records of Riverside County on December 28, 2007 as
Instrument Number 2007-0770586. As used herein the term "Phase 3 Map" means the applicable
portions of that certain Condominium Plan for Villa Portofino Phase 3 recorded in the official
records of Riverside County on November 30, 2004 as Instrument Number 2004-0950249, as
amended with respect to condominium plan purposes only by document recorded March 2, 2012
as Instrument Number 2012-0095989 and as further amended with respect to condominium plan
purposes only by document recorded on May 11, 2012 as Instrument Number 2012-0218376.
For the avoidance of doubt, the Phase 1 Map, the Phase 2 Map and the Phase 3 Map
(collectively, the "Condo Plans") also constitute condominium plans pursuant to California Civil
Code Section 1351. Following the recordation of this Certificate, the Phase 1 Map shall be
deemed to have established 72 individual condominium units within the Phase 1 Parcel (each a
"Phase 1 Unit") on and as of January 23, 2002, The Phase 2 Map shall be deemed to have
established 40 individual condominium units within the Phase 2 Parcel (each a "Phase 2 Unit")
on and as of December 28, 2007, and the Phase 3 Map shall be deemed to have established 48
individual condominium units within the Phase 3 Parcel (each a "Phase 3 Unit") on and as of
March 2, 2012. The Phase 1 Units, the Phase 2 Units and the Phase 3 Units may be individually
referred to herein as a "Unit" and are collectively referred to herein as the "Units".
OWNERSHIP OF THE ESTABLISHED PARCELS
EXCLUSIVE OF THE UNITS CREATED THEREIN
(as of the Certificate recording date)
Phase 1 Parcel: Palm Desert Villa Portofino Homeowners' Association, a California non-
profit mutual benefit corporation (the "HOA").
Phase 2 Parcel: VP Land, LLC, a Colorado limited liability company ("VP Land").
Phase 3 Parcel: VP Builders, LLC, a Colorado limited liability company ("VP Builders").
Remainder Parcel: VP Land
Clubhouse Parcel: VP Land
This Conditional Certificate of Compliance runs with the land and, as a result of the retroactive
nature of this Certificate, benefits the predecessors and the successors in interest to each of the
foregoing parties with respect to the parcels established or confirmed hereunder. Following the
confirmation of the Phase 1 Parcel in accordance herewith, the Phase 1 Units shall be deemed to
have been immediately and retroactively established pursuant to the Phase 1 Map and the HOA
shall be deemed to have quit claimed any interest in the Phase 1 Units to the respective title
holder of record as of the date this Certificate is recorded, Following the confirmation of the
Phase 2 Parcel in accordance herewith, the Phase 2 Units shall be deemed to have been
immediately and retroactively established pursuant to the Phase 2 Map and VP Land shall be
deemed to have quit claimed any interest in the Phase 2 Units to the respective title holder of
record as of the date this Certificate is recorded, and following the confirmation of the Phase 3
Parcel in accordance herewith, the Phase 3 Units shall be deemed to have been immediately and
3
72500.00791\7572897.1
SIGNATURE PAGE OF REQUESTING OWNERS
CONDITIONAL CERTIFICATE OF COMPLIANCE
LOT 1 OF TRACT 29489
The following parties hereby acknowledge and agree that they have knowledge of and consent to
the recordation of this Certificate of Compliance, and that to the best of their knowledge, (i) they
are the record owners of parcels subdivided by this Conditional Certificate of Compliance,
subject to any third party ownership of the Units, and (ii) the information set forth in the
conditional Certificate of Compliance is true and correct.
VP Builders, LLC,
a Colorado limited liability company
By: Family Financial, LLC,
a Nevada limited liability company,
its Manager
Rudy C. Herrera, Manager
VP Land, LLC,
a Colorado limited liability company
By: Family Financial, LLC,
a Nevada limited liability company,
its Manager
LOW
Rudy C. Herrera, Manager
Palm Desert Villa Portofino Homeowners' Association,
a California non-profit mutual benefit corporation
Mary Shields, President
72500.00791\7572897.1
retroactively established pursuant to the Phase 3 Map and VP Builders shall be deemed to have
quit claimed any interest in the Phase 3 Units to the respective title holder of record as of the date
this Certificate is recorded.
PARTIES REQUESTING THIS CERTIFICATE OF COMPLIANCE
The issuance of this Conditional Certificate of Compliance by the City has been requested by:
(1) the HOA with respect to the Phase 1 Parcel (exclusive of the Phase 1 Units); (2) VP Land
with respect to the Phase 2 Parcel (exclusive of the Phase 2 Units), the Clubhouse Parcel and the
Remainder Parcel; and (3) VP Builders with respect to the Phase 3 Parcel (exclusive of the Phase
3 Units not owned by VP Builders).
This Certificate may be executed in counterparts, each of which shall be deemed an original and
all of which together shall constitute one and the same instrument.
The City of Palm Desert has found and determined that the requirements of the Subdivision Map
Act and City ordinances enacted pursuant thereto have been satisfied with respect to (i) deeming
the Tract Map, on a retroactive basis, to be for condominium purposes, and (ii) deeming the
Condo Plans, on a retroactive basis, to be final maps for condominium purposes with respect to
the establishment of the Phase 1 Parcel, the Phase 2 Parcel, the Phase 3 Parcel, the Remainder
Parcel and the Clubhouse Parcel all as more particularly set forth in this Certificate. The City
hereby approves and issues this Conditional Certificate of Compliance to certify and confirm the
foregoing.
Executed this _ day of , 2012.
City of Palm Desert, California
ATTEST
City of Palm Desert, California
4
72500.00791\7572897.1
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