HomeMy WebLinkAboutA8880 - 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:
2021-0411905
07/08/2021 12:43 PM Fee: $ 0.00
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Recorded in Official Records
County of Riverside
Peter Aldana
Assessor -County 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 4 day of M Ah`F , 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, 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.
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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:
ITr7:I:VVi:Vki1
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
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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.
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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. Counterparts.
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. Attorneys' 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 PAGE]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
as of the date set forth above.
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as
ATTEST: CITY OF PALM SPRINGS,
a municipal corporation
By: By:.
Anthony J. M a, MMC -Bavid+l dy 4j a.�rl n (i� i-��►
City of Palm Spring / City Clerk City of Palm Springs / City Manager
"City"
APPROVED AS TO FORM: RECOMMENDED BY:
By: By:T�/'��,/
Jeff alli ge
City of Palm Springs / City Attorney Joel Montalvo
City of Palm Springs / City Engineer
3 LEGA 7SCRIPTION
:
APPROVED By CITY MANAGER
Rick Minjares
City of balm Springs / E oginering
Associ6te
"COVENANTOR"
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Signature
�Angwe r
Title
[Covenantor Signature to be Notarized]
Insert Notary Acknowledgement Pape Here
Page 6 of 8
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 LvS Akqqc le-5
On )4`6 2 �� before me, OP�
(Insert the name and title of the officer)
personally appeared �-Fa� ��N �c4h�ar --
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.
PHOEBE AIKEN
Notary Public - California z
Los Angeles County
Commission y 2213037
WITNESS my hand and official seal. My Comm. Expires Sep 8,2021
Signature I I (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 A:
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 to the True Point of Beginning;
Thence Continuing along said Southerly Line, south 68 degrees 10' 22" West 43.24 feet
to the beginning of a Tangent Curve Concave Northerly, said Curve has a Radius of
214.00 feet;
Thence Westerly along said Curve through a Central Angle of 21 degrees 38' 10" an
Arc Angle Distance of 80.81 feet:
Thence South 89 degrees 48' 32" West ( North 89 degrees 48' 26" East -Record) 100.06
feet to the Southwest Corner of said Parcel 2;
Thence Along the West Line of said Parcel 2, North 0 degrees 09' 25" West 258.91 feet
( North 00 degrees 09' 25" West 258.87 feet -Record) to the beginning of a Tangent
Curve Concave Southeasterly, said curve has a Radius of 20.00 feet;
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Thence Northeasterly along said curve through a Central Angle if 89 degrees 57' 51"
(89 degrees 58' 51" (89 degrees 58' 56" - Record) an Arc distance of 31.40 feet ( 31.41
feet- Record) to the North Line of said Parcel 2;
Thence along said North Line, North 89 degrees 48' 26" East 199.00 feet;
Thence Leaving said North Line, South 0 degrees 11' 34" East 247.89 feet to the True
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.
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FORN�
CITY OF PALM SPRINGS
OFFICE OF THE Cl 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, LLC
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 8t" 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.
HONY EJI C
CITY CLER
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
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.
1
ROTHBART.D INSI
A�ORO' CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDWYYYY)
11/212023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSUREIII AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not corder rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CRNTACT Darla K. Brunner
N ME:
Jules Berlin Agency PHONE 323 655-6470 FAX
�323 655-6470 Lic#0387848 INC. N. Ean ( ) INC, No)-
o �ox 5588 ADDRESS. darlabrunner@julesberlin.com
Beverly Hills, CA 90209
INSURER(S)AFFORDING COVERAGE NAiCN
INSURER A Firemans Fund Insurance Co 21873
INSURED INSURER B Federal Insurance Company (ACE) 20281
Destination Ramon, LLC INSURER C'.
Go Rothbart Development Corp
109911 Wilshire Blvd., 91000 _ INSURER D:
Los Angeles, CA 90024 INSURER E
_ ._..- INSURER F
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: _.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR yypE OF INSURANCE AODL SUa0. POLICY NUMBER POLICY EFFo
LetPOLICY E%P UNITS
A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000
CLAIMS -MADE X OCCUR X USCO09729230 11/112023 111112024 PDAMAGET RENT, E, a„a) S 100.000
MED EXP (Any one parson) _ f 5.000
PERSONAL S ADV INJURY S 1.000,000
GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE _S 2,000,000
POLICY JECT X LOC PRODUCTS-COMPIOPAGG _ S 2,000,000
X OTHERS
AUT04MILE LIABILITY (Ea a Ade (SINGLE LIMIT S
ANY AUTO BODILY INJURY (Perpennn) _ S
OWNED SCHEDULED
AUTOS ONLY AUTOSBODILYBODILY INJURY (Per amdenl),S
HAS ONLY RUOT SIND (PROPERTY
rr e E EentDAMAGE S
f
B X UMeRELUUM X OCCUR EACH OCCURRENCE S 25,000.000
EXCESS UA9 CLAMS MADE 79888811 111112023 1111/2024 AGGREGATE S
DED RETENTION S _ S
j WORKERS COMPENSATION PERTUTE ERµ
AND EMPLOYERS' UA&UTY YIN
ANY PROPRIETORIPARTNER/EXECUTIVE NIA E L EACH ACCIDENT - S_ _
OFFICERIMEMBER EXCLUDEOT
IMaedalorry in NHi E.L DISEASE - EA EMPLOYEE S
0 yes, des nine under
I DESCRIPTION OF OPERATIONS bClee __--- -,. El DISEASE -POLICY LIMIT S
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORO 101. Additional Remarks Schedule, may be anached It more apace la �reQuired)
CnRiRrsta Hnldar Is incheted as Additional Insured on a orimarV basis under Commercial General Llabilitv Cot to that extent required by written contract.
',Broad form CGL coverage is included.
rE HOLDER r� CANCELLATION
RECEIVED
._
ECEIVED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Public Arts Program O J THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Palm Springs NOV.7 L
9 NO2Ogg ACCORDANCE WITH THE POLICY PROVISIONS.
3200 East Tahquitz Canyon Way - ---- -
Palm Springs, CA 92262 City Hall AUTHORUMD REPRESENTATIVE
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