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HomeMy WebLinkAboutA5868 - DESERT HIGHLAND ASSOCIATES ROSA PARKS APTS WQMP COVENANT & AGR DOC # 2009-0431518 / 08/18/2009 08:00A Fee:NC `,/ Page 1 of 8 Recorded in official Records RECORDING REQUESTED BY County of Riverside AND WHEN RECORDED MAIL TO: Larry u. ward Assessor, County Clerk & Recorder l City Engineer I IIIIII IIIIIII IIIII III IIIII IIIIII IIIIII III IIIII Ilil IIII City of Palm Springs 3200 East Tahquitz Canyon Way s I R FU I PAGE SIZE I OA I MSC LONG RFD I COPY Palm Springs, California 92262 } 1 1 -j M I A I L 465 42G PCOR NCOR SMF NCWG exnm Filing Fee Exempt Per Government Code 6103 T: cTY uNi �: APN:669-420-009 Space Above This Line For Recorders Use Only A53 G8 COVENANT AND AGREEMENT REGARDING WATER QUALITY MANAGEMENT PLAN BMP, CONSENT TO INSPECT, AND INDEMNIFICATION This Agreement Regarding Water Quality Management Plan Best Management 310 Practices, Consent to Inspect, and Indemnification and Covenant Running With the Land ("Agreement") is made on this I_ day of Jul Y , 2009, by and between the CITY OF PALM SPRINGS, a California municipal corporation and charter city ("Covenantee" or "City") and DESERT HIGHLAND ASSOCIATES, a California limited partnership, 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 555 Rosa Parks Road, Palm Springs, California 92262, more particularly described on Exhibit "A" attached hereto and incorporated herein by reference (APN 669-120-009) ("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. That portion of the City's interest in real property most directly affected by this Agreement is the public utility easements along the south property line ("Public Parcel"). 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 WOMP 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 Cily 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. 4 D]9 ©m 3. Indemnification "" Owners agree to indemnify, defend, and hold harmless the City, its elected "4 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 Page 2 of 7 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- 8. 5everability. o- �m If any part of this Agreement is declared by a final decision of a court of m o competent jurisdiction to be invalid for any reason, such shall not affect the validity of �:M 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 is 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. Attorne s' 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 Page 3 of 7 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] m �m �m moo �lP 0 N m W 0 r^ r w^ Page 4 of 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date set forth above. "CITY" / "COVENANTEE" CITY OF PALM SPRINGS David H. Ready, City Manager ATTEST: A Acl mes Thompson, ty Clerk APPROVED BY CITY MANAGER AP ROVED AS TO FORM_ 0 i C-,&o SfaN r ArJPt i Y Attorney r0a:Q&L&15C• 1-0 LL_ 'N0 "COVENANTOR" DESERT HIGHLAND ASSOCIATES, a California limited partnership By: Desert Highlands, LLC, a California limited liability company a Its: General Partner m �m By: Tlaquepaque Housing a° Corporation yy Nlfj N m Its: Member/Manager Si na# r Title [Signature to be Notarized] Page 5 Of '� STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) On UjLiqf 1 � before me, Pnn a Notary Publi8, personally appeared eadE who proved to me on the basis of satisfactory evidence to bete person(4 whose name($) isA-" subscribed to the within instrument and acknowledged to me that hek4m4hey executed the same in his/bartheir authorized capacity(ies}, and that by hisAher/# eir—signature(s) on the instrument the personO, or the entity upon behalf of which the person(d) acted, executed the instrument. I declare 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. MARY ANN YBARRAG, r Comm # 1736007 Nota Pu c C NOTARYERME COUNTY N RIVERSIDE C00IFO MY Comm ER1 APR 1.2011 `{ eo m m tigN m�� m lw m 0 ti N l 0 �A r^ Page 6 of 7 EXHIBIT "A" LEGAL, DESCRIPTION OF PROPERTY That portion of the southwest quarter of the southeast quarter of Section 34, Township 3 South, Range 4 East, San Bernardino Base and Meridian, described as follows: Beginning at the northwest corner of the southwest quarter of the southeast quarter of said section; thence south 00' 08' west, on the westerly line of said southeast quarter, 460 feet; thence south 890 38' 20" east, parallel with the north line of the southwest quarter of the southeast quarter of said section, 430 feet, thence north 000 08' east, parallel with the west line of the southwest quarter of the southeast quarter of said section, 460 feet, to the north line of the southwest quarter of the southeast quarter of said section; thence north 890 38' 20" west, on said north line, 430 feet, to the point of beginning. m pm Amy ..m �m G a w p 1 m nMM1 �m L 1 0 m r� I. Page 7 of 7 au� . • ., IIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIII ea/19Ag 9£38810BR 4 ,► ACORO® EVIDENCE OF COMMERCIAL PROPERTY INSURANCE DATE(MM/DDNYYY) `../ 9/13/2023 THIS EVIDENCE OF COMMERCIAL PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE ADDITIONAL INTEREST. PRODUCER NAME, [PHONE g18-539-2300 CONTACTPERSON ANDAOORESS I A/ Ng,.Esg: _. COMPANY NAME AND ADDRESS NAIL NO'22314 Arthur J. Gallagher Risk Management Services, LLC RSUI Indemnity Company 500 N Brand Boulevard, Suite 100 945 East Paces Ferry Road, Suite 1800 Glendale, CA 91203 Atlanta, GA IFMULTIPLE COMPANIES,CON PLETESEPARATEFORM FOR EACH FAX (A/C. o 818-539-2301 ADDRESS: CODE: SUB CODE: POLICY TYPE LOAN NUMBER POLCY NUMBER AGENCY NAMED INSURED AND ADDRESS Desert Highland Associates, LP Coachella Valley Housing Coalition LHD936379 45701 Monroe Street Suite G EFFECTIVE DATE EXPIRATION DATE IRtllo CA 92201 CONTINUED UNTIL 08/30/3023 08/30/3024 TERMINATED IF CHECKED ADMONAL NAMED INSURED(S) THIS REPLACES PRIOR EVIDENCE DATED: PROPERTY INFORMATION ACORD 101 may be attached if more space is required) 0 BUILDING OR U BUSINESS PERSONAL PROPERTY LOCATION/DESCRIPTION Rosa Gardens Apts.555 W Rosa Parks Road, Palm Springs. CA.92262 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS EVIDENCE OF PROPERTY INSURANCE 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. rnVFRArP IMGnOMATInM X COMMERCIAL PROPERTY COVERAGE AMOUNT OF INSURANCE: $ DED: YES NO WA (M BUSINESS INCOME ❑ RENTAL VALUE X If YES. LIMIT: Actual Loss Sustained; a of months: BLANKET COVERAGE X If YES, indicate value(s) reported on property identified above: $ TERRORISM COVERAGE X Attach Disclosure Notice DEC IS THERE ATERRORISMSPECIRC EXCLUSION? X IS DOMESTIC TERRORISM EXCLUDED? X LIMITED FUNGUS COVERAGE X If YES, LIMIT: DIED: FUNGUS EXCLUSION (II'YES', specify organizatim's form used) X REPLACEMENT COST X AGREEDVALUE X COINSURANCE X IfYES, % EQUIPMENT BREAKDOWN (if Applicable) X If YES, LIMIT: DED: ORDINANCE OR LAW - Coverage for loss to undamaged Donlon of bldg X If YES, LIMIT: DED: -Demolalon Costs X if YES. LIMIT: DED: - Ina. Cost of Construction X N YES, UMIT: DED: EARTH MOVEMENT Of Applicable) X If YES, LIMIT: DED: FLOOD (it Applicable) X If YES, LIMIT: DED: WIND/HAIL INCL ❑YES [3NO Subject to Different Provisions: X If YES, UNIT: DED: NAMED STORM INCL ❑YES ❑NO Sub)ect to Different Provislons: X If YES, LIMIT: DED: PERMISSION TO WAIVE SUBROGATION IN FAVOR OF MORTGAGE HOLDER PRIOR TO LOSS X CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ADDITIONAL INTEREST CONTRACT OF SALE MORTGAGEE LENDER'S LOSS PAYABLE LASS PAYEE LENDER SERVICING AGENT NAME AND ADDRESS RECEIVED NAME AND ADDRESS SEP 19 2023 The City of Palm Sprngs and Community Redevelopment Ag00 Eency 3ast Tahyuitz Canyon Way AUTHORIZED REPRESENTATIVECity Hall Palm Springs, CA 92262 �-1 �p'� Reception Desk L ® 2003-2015 ACORD CORPORATION. All rights reserved. ACORD 28 (2016/03) The ACORD name and logo are registered marks of ACORD Arthur I Gallagher Risk Management Services, LLC 500 N Brand Boulevard, Suite 100 Glendale CA 91203 MDG2023 00005480 01 lllllll l 11 ll,l,ll llllrl l llllrr l llll llll IIIh1lllllll v' The City of Palm Springs and Community Redevelopment Agency 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 We are providing you with a Certificate of Insurance confirming our client's coverage. Want to get certificates of insurance faster? "Go Green with Gallagher" by receiving digital copies of certificates via e-mail in the future. Or, do you no longer require a certificate of insurance for our client? Please contact us at COI.UpdateMyEmail@AJG.com and provide the following information for processing: 1. Confirmation that a certificate of insurance is no longer required; or 2. E-mail address to send future certificates of insurance in lieu of U.S. Mail delivery 3. Insured Code: CAOCVAL-01 4. This Certificate Number: 1169366727 To learn more about the Insurance and Risk Management Services offered by Gallagher, please visit us at www.ajg.com/us/about-us/how-we-work/core-360. Gallagher does not share your e-mail as detailed in our privacy policy found at https:// www.ajg.com/us/privacy-policy/. CIE