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HomeMy WebLinkAboutA8881 - DESTINATION RAMON LLCRECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Engineer City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, California 92262 APN 2021-0411904 07/08/2021 12:43 PM Fee: $ 0.00 Page 1 of 9 Recorded in Official Records County of Riverside Peter Aldana Assessor-County cc Clerk -Recorder Space Above This Line For Recorder's Use Only COVENANT AND AGREEMENT REGARDING WATER QUALITY MANAGEMENT PLAN BMP, CONSENT TO INSPECT, AND INDEMNIFICATION This Agreement Regarding Water Quality Management Plan Best Management Practices, Consent to Inspect, and Indemnification and Covenant Running With the Land ("Agreement") is made on this � day of . AA A Y 2021, by and between the CITY OF PALM SPRINGS, a California municipal corporation and charter city ("Covenantee" or "City") and Destination Ramon, LLC , the undersigned property owner ("Covenantor"). RECITALS A. Covenantor is the owner of that certain real property located in the City of Palm Springs, County of Riverside, State of California, commonly known as, 5601 E Ramon Road, Unit B-1, Palm Springs, California 92264, more particularly described on Exhibit "A" attached hereto and incorporated herein by reference (APN 009-617-656-2) ("Property"). City has fee or easement interests in various streets, sidewalks and other property within the City and is responsible for the planning and development of land within the City in such a manner as to provide for the health, safety and welfare of the residents of the City. B. The City is the owner of interests in that certain real property within the City of Palm Springs, County of Riverside, State of California, containing storm drains, pipelines, and related appurtenances constituting the City's municipal separate storm sewer system (the City's "Storm Drain System"). C. Covenantor intends to develop, improve, and/or use the Property in such a way that approval of the City for such development, improvement, and/or use is required pursuant to the applicable laws. D. As a condition for said approval by the City, City required Covenantor, and Covenantor desires to, restrict the use of Property according to the conditions, covenants, equitable servitudes, and restrictions contained herein for the express benefit of the City's Storm Drain System. Page 1 of 7 NOW, THEREFORE, incorporating the foregoing Recitals and in consideration thereof, in consideration of the covenants and conditions contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and expressly for the benefit of, and to bind, their successors in interest, the parties hereto agree as follows: AGREEMENT 1. Water Quality Management Plan ("WQMP") for Best Management Practices "BMP" Covenantor, and each successive owner of an interest in all or any part of the Property ("Owner(s)") shall, throughout the period of their respective ownership, implement, and fund implementation of the WQMP required for development of the Property, and shall operate and maintain the BMP described therein including, but not limited to, the methods and standards set forth in Section 8.70.100 of the City's Municipal Code, as that Section may be amended from time to time and which is incorporated herein by this reference. The current WQMP, as it may be amended from time to time according to its terms, which is on file with the City of Palm Springs Engineering Division, is incorporated herein by this reference. 2. Compliance with City of Palm Springs Municipal Code and Consent to Inspect Owners shall use and maintain the Property in full compliance with the provisions of Chapter 8.70 of the Palm Springs Municipal Code, as it may be amended from time to time, which is incorporated herein by this reference. Owners hereby consent to inspection of the Property pursuant to Section 8.70.140 of the City's Municipal Code by an inspector authorized by the City Manager, the City Engineer, or their designee, for the purpose for verifying compliance with the provisions of this Agreement, the BMP of the WQMP, and the City's Municipal Code. 3. Indemnification Owners agree to indemnify, defend, and hold harmless the City, its elected officers, employees, agents, and contractors from and against any and all liability, expense, including costs and reasonable legal fees, and claims of damage of any nature whatsoever including, but not limited to, death, bodily injury, personal injury, or property damage arising from or connected with the City inspection of the Property except where such liability, expense, or claim for damage results from the sole negligence or willful misconduct of the City. 4. Rights and Obligations Run With the Land Unless terminated in accordance with Paragraph 5, below, or by law, the rights Page 2 of 7 and obligations of the parties hereunder shall constitute covenants, benefits, burdens, conditions, equitable servitudes, and restrictions which run with the land in perpetuity and which shall be binding upon, and inure to the benefit of, each Owner during its respective period of ownership of all or any part of the Property. 5. Termination of Agreement Upon Termination of WQMP This Agreement and the conditions, covenants, equitable servitudes, and restrictions set forth herein shall terminate upon termination of the WQMP applicable to the Property in accordance with its terms. Upon termination of the WQMP applicable to the Property, the Owner may request that the City execute a recordable document approved by the City approving and acknowledging termination of this Agreement. A recorded document duly executed and acknowledged by the City Engineer of City, or his or her designee, approving termination of this Agreement shall be conclusive evidence of such termination. 6. Enforcement The City may, but shall not be obligated to, enforce this Agreement by a proceeding at law or in equity against any person or persons violating or attempting to violate any condition, covenant, equitable servitude, or restriction provided for herein, either to restrain such violation or to recover damages. The City may also enforce this Agreement pursuant to Section 8.70.140 of the City's Municipal Code, which enforcement remedies are incorporated herein by this reference. 7. Entire Agreement. This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter of this Agreement and supersedes all prior or contemporaneous agreements and understandings with respect to the subject matter hereof, whether oral or written. Page 3 of 7 8. Severability If any part of this Agreement is declared by a final decision of a court of competent jurisdiction to be invalid for any reason, such shall not affect the validity of the rest of the Agreement. The other parts of this Agreement shall remain in effect as if this Agreement had been executed without the invalid part. The parties declare that they intend and desire that the remaining parts of this Agreement continue to be effective without any part or parts that have been declared invalid. 9. Counteraarts. This Agreement may be executed in counterparts, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original, and all such counterparts together shall constitute one and the same instrument. 10. Attornevs' Fees If any party files an action or brings any proceeding against the other arising from this Agreement, the prevailing party shall be entitled to recover as an element of its costs of suit, and not as damages, reasonable attorneys' fees and costs to be fixed by the court. A party not entitled to recover its costs shall not recover attorneys' fees. No sum for attorneys' fees shall be included in calculating the amount of a judgment for purposes of deciding whether a party is entitled to its costs or attorneys' fees. 11. Amendment. No modification, amendment, addition to, or alteration of the terms of this Agreement whether written or verbal, shall be valid unless made in writing, formally approved and executed by the City and the current Owner(s) of the Property, and duly recorded. 12. Authority of Signatories to Agreement. Each person executing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement on behalf of the parties for which execution is made. Each party represents and warrants to the other that the execution of this Agreement and the performance of such party's obligations hereunder have been duly authorized and that the agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms. [SIGNATURES ON FOLLOWING PAGE1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date set forth above. Page 4 of 7 W AT' M Anthony J. Mejia, MMC City of Palm Spring / City Clerk APPROVED AS TO FORM: By. Jeff alWgrj;� City of Palm Springs / City Attorney CITY OF PALM SPRINGS, a municipal corporation By: , e�v- B-hPf2eady3"4) ir1 Ck-rr City of Palm Springs / City Manager "City" RECOMMENDED BY: By: Joel Montalvo City of Palm Springs / City Engineer APPROV D S TO OWN RSHIP & LEGAL ES RIPTION: I I APPR111VFD BY C" Aq MER By. Rick Min City of P Associat Page 5 of 7 Springs / "COVENANTOR" S�-awl-c -{� ark-17��►��d �'1 ph On I LLC Signature A Title [Covenantor Signature to be Notarized] Insert Notary Acknowledgement Page Here Page 6 of 7 CALIFORNIA NOTARY ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of j o5 Ald1✓les On Mau 02 ) before me, I personally appeared '�:)+C[/) l -p- A' k'eyl N ()-� (Insert the name and title of the -001- V) a C+- 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. PHOEBE AIKEN „~ Notary Public - California r Los Angeles County $ Commission N 2213037 My Comm. Expires Sep 8, 2021 Signature (SEAL) EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY All that certain real property situated in the County of Riverside, State of California, described as follows: PARCEL B: THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 30745, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 210, PAGE(S) 31 AND 32 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL 2; THENCE ALONG THE EAST LINE OF SAID PARCEL 2, SOUTH 00 DEGREES 12' 38" EAST 140.81 FEET (NORTH 00 DEGREES 11' 34" WEST 140.78 FEET - RECORD) TO AN ANGLE POINT IN SAID EAST LINE; THENCE CONTINUING ALONG SAID EAST LINE, SOUTH 10 DEGREES 42' 38" EAST 40.30 FEET( NORTH 10 DEGREES 47' 00" WEST- FEET -RECORD) TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE SOUTHERLY, SAID CURVE HAS A RADIUS OF 606.00 FEET, TO WHICH A RADIAL LINE BEARS NORTH 10 DEGREES 47' 08" WEST; ALSO BEING THE SOUTHEAST CORNER OF SAID PARCEL 2; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 2, AND WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11 DEGREES 02' 30" (11 DEGREES 02' 34" - RECORD) AN ARC DISTANCE OF 116.78 FEET (116.80 FEET - RECORD); THENCE SOUTH 68 DEGREES 10' 22" WEST (NORTH 68 DEGREES 10' 16" EAST - RECORD) 95.16 FEET; THENCE LEAVING SAID SOUTH LINE, NORTH 0 DEGREES 11' 34" WEST 247.89 FEET TO THE NORTH LINE OF SAID PARCEL 2; THENCE ALONG THE NORTH LINE OF SAID PARCEL 2, NORTH 89 DEGREES 48, 26" EAST 193.08 FEET TH THE POINT OF BEGINNING. AS DISCLOSED IN THE CERTIFICATE OF COMPLIANCE FOR PARCEL MAP WAIVER RECORDED MARCH 12, 2021 AS INSTRUMENT NO. 2021-0160143 OF OFFICIAL RECORDS Page 7 of 7 F0 CITY OF PALM SPRINGS OFFICE OF THE C/TY CLERK 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 (760) 323-8204 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by Water Quality Management Plan BMP Covenant Real property in the City of Palm Springs, County of Riverside, State of California, as described: Land described in Exhibit "A" APN: 009-617-656-2 Dated: May 4, 2021 From, Destination Ramon Grantor, to the City of Palm Springs, a municipal corporation and charter city, Grantee, is hereby accepted by the City Clerk of said City of Palm Springs, on this 8th day of July, 2021, pursuant to authority granted by the City Council of said City, by Resolution No. 20255 made on the 16th day of January, 2002, and the Grantee consents to recordation thereof by the City Clerk, its duly authorized officer. Dated at Palm Springs, California, this 8th day of July 2021. ANTHONY kAEJ CITY CLERIC City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92263 Memo To: Anthony Mejia, City Clerk From: Rick Minjares, Engineering Associate Date: June 7, 2021 Re: TPM 38001, 5601 E Ramon Road, Unit B-1 Attached please find the executed Water Quality Management Plan BMP Covenant from Destination Ramon, LLC, (APN 009-617-656-2) in the City of Palm Springs. Please accept, execute and prepare a Letter of Acceptance to the Riverside County Recorder for recordation. If you have any questions, do not hesitate to call me. Thank you, Rick Minjares, Engineering Associate City of Palm Springs Engineering Dept. (760) 323-8253 X8741.