HomeMy WebLinkAboutA9014 - ALOE PALM CANYON (APN 505-182-004 and 505-182-010) WATER QUALITY MANAGEMENT PLANRECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City Engineer
, City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, California 92262
APN: 505-182-004 & 505-182-010
~
2022-0334164
07/27/2022 12:30 Prl Fee: $ 0.00
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Recorded in Offi~ial Records
County of Riverside
Peter Aldana . ,
i[ii'.~iijW@l:i~ll 111
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 24th day of May , 2022, by and
between the CITY OF PALM SPRINGS, a California municipal corporation and charter
. city ("Covenantee" or "City") and Aloe Palm Canyon
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,
1475 North Palm Canyon Drive , Palm Springs, California _92262_,
more particularly described on Exhibit "A" attached hereto and incorporated
herein by reference (APN 505-182-004 & 505-182-010) ("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.
8. The City is the owner of interests in that certain real property within the City of
Palm Springs, County of Riverside, State of California, co_ntaining 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 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 bf 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
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 arid understandings with respect to the subject matter
hereof, whether oral or written.
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.
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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]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the date set forth above.
By : _,.,._---"-+~-.J...L.------
Monique . Lomeli, CMC
City of P Im Spring / Interim City Clerk
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CITY OF PALM SPRINGS,
A municipal corporation
By ~~ Justin fton,lc~CM
City of Palm Springs / City Manager
"City"
RECOMMENDED BY:
By :
ontalvo
Cit of Palm Springs / City Engineer
AS TO OWNERSHIP &
CRIPTION :
By: -~+-------------_.._,><-+-
Rick Min· res
City of R Im Springs / E er Associate
"COVENANTOR"
Jesse Slansky
Signature
Aloe Palm Canyon , L.P . / President & CEO
Title
[Covenantor Signature to be Notarized]
NOTARY ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which his certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California
County of Los Angeles
)
)
On M a v o2 ~ ,26 2-;)_ before m e,_--=B:;..;:a:..:...r;::_ba=r....=:a:.....:H....:..;.;_:K-=-=a=s-=-e ...... v,'"""N...:..o;:;;..;t=a"--ryL....;...P=u b=l"""ica_...._ ___ _ 1 (insert name and title of the officer)
------Personally appeared c s Se...., a.
Who proved to me on the basis of satisfactory evidence to be e person(s) whose name(-5} is/ate
subscribed to the within instrument and acknowledged to me that he/.sl=le/they executed the same
in his/l"ler/tt:leir authorized capacityfiesj, and that by his/-he1/tl1ei1 signature(4on the instrument
the personfst, or the entity upon behalf of which the personfst 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.
OPTIONAL
Completing this information can deter alteration of the documents or
Fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document : _________________________ _
Document Date : _______________ Number of Pages : ____ _
Insert Notary Acknowledgement Page Here
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EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
All that certain real property situated in the County of Riverside, State of California,
described as follows:
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State of California
County of Riverside
City of Palm Springs
ACKNOWLEDGMENT OF INSTRUMENT
(Cal. Civil Code Section 1181)
)
)
)
ss.
, 2o _ZZ,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 PENAL TY 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
~dayof ~\I\U ,20n
)
Signature:
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Monique . Lomeli , CMC
Chief De uty City Clerk
City of Palm Springs , California
CITY OF PALM SPRINGS
OFFICE OF THE CITY 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 Cal iforn ia , as
described :
Dated : May 24 , 2022
From ,
Land described in Exhibit "A "
APNs : 505-182-004 and 505-182-010
ALOE PALM CANYON
Grantor, to the City of Palm Springs , a municipal corpo ration and charter ci ty , Grantee , is
hereby accepted by the City Cle rk of said City of Palm Springs , on this 27th day of July,
2022 , pursuant to author ity granted by the City Council of said City , by Resol ution 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 27t h day of July 2022 .
BRENTRASI ,
DEPUTY CITY CLERK