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Home My WebLink AboutA9076 - JAMES NEUHOFF (APN 504-390-007) WQMPRECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Engineer City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, California 92262 2022-0175468 04/13/2022 11:48 AH Fee: $ 0.00 Page 1 of 9 Recorded in Official Records County of Riverside Peter Aldana Assessor-County Clerk-Recorder iSHttwim ^ 01^^ per gc ^ APN: 504-390-007 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 _Z^day of , 2022, by and between the CITY OF PALM SPRINGS, a California municipal corporation and charter city ("Covenantee" or "City") and Jameson Neuhoff of DP 7, 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, 2336 Winter Sun Drive, Palm Springs, California, more particularly described on Exhibit "A" attached hereto and incorporated herein by reference (APN 504-390-007) ("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. 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 owrier of ar) interest in all or any part of the Property ("Owner(s)") shall, throughout the period of their respective ownership, implement,_ancrfundjmpjementatipn of. the VyQM.R-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 CItv of Palm Springs Municipal Code and Consent to Inspect Owners shall use and maintain the Property in full compliance with the provisions of Chapter 870 of the Palm Springs Municipal Cbde, as it may be amended from time to time, which is incorporated hereiri 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 E.hgineer, 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,jncluding _cp^s_and reasonaWe 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 clairri for damage results from the sole negligence or willful misconduct of (he City. 4. Rights and Obligations Run With the Land Unless terminated In accordance with Paragraph 5, below, or by law, the rights and obligations of the parties hereunder shall constitute covenarits, benefits, burdens, conditions, equitable servitudes, arid restrictions which run with the land in perpetuity and which shall be binding upon, and inure to the benefit of, each Owner during its respectiye.period of ownership of all or any part of the Property. 5.•ermination of Agreement Upon Termination of WQMP this Agreement and the conditions, covenants, equitable sen/itudes, 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 acknovyledging 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 dprriages. The City may also enforce this Agreement pursuant to Section 8.70.140 of the City's Municipal Code, which enforcement reniedies 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 ajl prior or contemporaneous agreements and understandings with respect to the subject matter hereof, whether oral or written! 8. Severabilitv. 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 arid 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 ari 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 attofrieys' fees and costs to be fixed by the court. A party not entitledjo 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 Gity and the current Owner(s) of the'Prpperty, and duly recorded. 12. Authoritv of Signatories to Aareement. - 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 par^ and enforceable in accordance with its terrris. [SIGNATURES ON FOLLOWING'PAGE\ IN WITisiESS WHEREOF, the parties hereto have executed this Agreement as of the date set forth above. ATTEST:CITY OF PALM SPRINGS, a municipal corporation Anthony^. Mojij". City of Palm Spring / City Clerk APPROVED AS TO FORM: By: Q Jeff Baiffnger ^ ^ City of Pa|m Springs / City Attorney Justin CIi|jffi, ICMA-Cr City of Palm Springs / City Manager "Cit/' RECOMMENDED BY: By;. JoelA/lontalvo City of Palm Springs / City Engineer APPR^D AS TO OWNERSHIP & legal ofeCRIPTIONi By:_ Rick MirVares City of 9a\m Springs / En Associate "Covenantor* /I <7^76 Signature Title [Coveriantor Signatures to be Notarized] EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY All that certain real property situated in the County of Riverside. State of California, described as follows: LOT 7 OF TRACT NO. 35540^ IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS FILED IN BOOK 443, PAGES 65 THROUGH 78 OF MAPS, IN THE OFFICE OFTHE COUNTY RECORDER OF SAID COUNTY." " " ' " 2021 Whitewater River Region WQMP Lot 7 Desert Palisades - 2336 Winter Sun Dr., Palm Springs, CA 92264 OWNER'S CERTIFICATION This project-specific Water Quality Management Plan (WQMP) has been prepared for: Jameson Neuoff by Keith A. Christiansen for the project known as 2336 Winter Sun Dr., APN 504-390-007 This WQMP is intended to comply with the requirements of City of Palm Springs for APN 504- 390-007, which includes the requirement for the preparation and implementation of a project- specific WQMP. The undersigned, while owning the property/project described In the preceding paragraph, shall be responsible for the implementation of this WQMP and will ensure that this WQMP is amended as appropriate to reflect up-to-date conditions on the site. This WQMP will be reviewed with the facility operator, facility supervisors, employees, tenants, maintenance and service contractors, or any other party (or parties) having responsibility for implementing portions of this WQMP. At least one copy of this WQMP will be maintained at the project site or project office in perpetuity. The undersigned is authorized to certify and to approve implementation of this WQMP. The undersigned is aware that implerhentation of this WQMP is enforceable under City of Palm Springs Water Quality Ordinance (Municipal Code Section 13.08.100). If the undersigned transfers its interest in the subject property/project, the undersigned shall notify the successor In interest of its responsibility to implement this WQMP. "I, the undersigned, certify under penalty of law that I am the owner of the property that is the subject of this WQMP, and that the provisions of this WQMP have been reviewed and accepted and that the WQMP will be transferred to future successors in interest." Owner s Signature / .jameson Neuoff 1 LLC, vJeu4^off" Owner's Printed Name Manager Owner's Title/Position Jameson Neuoff 19550 N. Grayhawk Dr. #1091 Scottsdale, Az. 85251 Telephone: 760-423-0300 Contact: Jameson Neuoff ATTEST % Notary Signature - y(flKVof/i Printed Name Title/Position J I DjO, Dat^ THIS FORM SHALL BE NOTARIZED BEFORE ACCEPTANCE OF THE FINAL PROJECT SPECIFIC WQMP Date: 10/27/21 OFFICIAL SEAL ALLISON DUSTMAN 'ARY PUBLIC • State of Arizona MAniCOPA COUNTY My Comm. Expires September 15.2025 COMMISSION #614450 I -.,"1 y ,.! ' ; V 'i ir ;^.v'-;.'cc^vcc^^UA a 5 vtsA r;.Vr :r • ',>?:;" >--!5-:i I' J vrr;v;Ci'1 Dn?UJ^?VM i CJvT iVj.Hf?" ■:i,',v ;•• •;•• f -•• • '■I II • . ;.• '. . , • ';■'• • • 'O r. *'•■ '-• , ,i..v' • .,';■ ; I W ! .}'-••■-v •-.. '• ;vv •' A" ..." :.1-* .. • i ' '"-i.-v . ;•■■■!' ' .1 , . r f r •. ' : ■"'l.-l I '.j •AA •- ' •■ S. A;l •. r, ■ - »■• • ' 1; r ■ •:•• ,'.i-',;'-. -t- -!'•• f> -r r ' ; 1 "" • " v J •• ,< '• ' •.." .'.j i • ACKNOWLEDGMENT OF INSTRUMENT (Gal. Civil Code Section 1181) State of California County of Riverside City of Palm Springs ) On UAm 31 ss. 201^ before me, MONIQUE M, LOMELI, CMC, CHIEF DEPUTY CITY CLERK, CITY OF PALM SPRINGS, CALIFORNIA, personally appeared JUSTIN CLIFTON, who I personally know is the CITY MANAGER of the CITY OF PALM SPRINGS whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his official and authorized capacity on behalf of the City of Palm Springs, a California Charter City. 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 the official seal of the City of Palm Springs, California, this 51 day of lUtedti 20^. Signature: [ /If Momqu^M. Lomeli, CMC Chief D^uty City Clerk City of Palm Springs, California ffOIAHO Page 8 of8 . .0 u 2f08ATt®>- CITY OF PALM SPRINGS OFFICE OF THE CITY CLERK 3200 E. Tahquitz Canyon Way Palm Springs, OA 92262 (760) 323-8204 CERTIFICATE OF ACCEPTANCE THIS 18 TO CERTIFY that the interest in real property conveyed by Water Quality Management Plan BMP Covenant Real property in the City of Pairn Springs, County of Riverside, State of California, as described: Land described in Exhibit "A" APN: 504-390-007 Dated: January 20, 2022 From, James Neuhoff of DP 7, 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 7*^ day of April, 2022, 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 7^^ day of April 2022. BRENT RASl, DEPUTY CIPj' clerk