CVWD - Domestic Water & Sanitation Fire Station 32 and City Yard 10GROOVED
RECEWED
4 FL_ Qur, i zoos
P. O. Box 1504 PUBL'C FORKS
L,\ QU]NI A, CA1.1FDKN-tA 92247-1504
78-495 C:vLt.L Tnmivico (760) 777-7000
Ly QUINfA, CALIFORNIA 92253 FAX (760) 777-7101
August 3, 2009
Mr. Steve Robbins, General Manager
Coachella Valley Water District (CVWD)
P.O. Box 1058
Coachella, CA 92236
Dear Mr. Robbins,
Per direction from CVWD staff, the City of La Quinta hereby requests approval of a
single point of connection to the 24" water main in Deacon Drive for our Fire
Station #32 and future corporation yard administration building. We understand
that a single point of connection may not be as reliable, provide adequate fire flow
and water pressure as a dual connection would afford. However, we believe the
system as designed will meet our needs. Please also note that the City previously
paid CVWD the required $5,00O deposit for hydraulic modeling of the system with
a single connection point.
Please sign and date in the space provided below to confirm your approval of the
above request, and return this letter to us for our files. If you have any questions,
please contact me at (760) 777.7100 or Tim Jonasson, Public Works Director/City
Engineer, at (760) 777-7042.
Sincerely,
�ee,4�
Thomas P. Genovese
2APPROVED: CGi Date: �- b
Stev obbins, General Wanager
/ . Coachella Valley Water District
c: Timothy R. Jonasson, Public Works Director/City Engineer
Tom Hartung, Building & Safety Director
T\STAFFVJonassonVLetters 2009A8-03 CVWD Single Connection fit Fire Station 32 doeSingle Connection for Fire Station 32 doc
No Recording Fee
Required Per
Government Code
Section 27383
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
COACHELLA VALLEY WATER DISTRICT
Post Office Box 1058
Coachella, California 92236
DOC t! 2010-033e734.
07/19/2010
Customer Copy Labe!
Chaff fixed haswnothbeenscompareds
with the recorded document
Larry W Ward
Rssessor, CountyRClerk,$eRecorder
(Space above this line for Recorder's Use) File: 0421.2 0721.2 0655.
La Quinta FireStation#32
APN: 770-184-001, 770-184-002,
770-184-003,770-184-004,
770-184-005,.and 770-184-006
STANDARD DOMESTIC WATER SYSTEM AND
SANITATION SYSTEM INSTALLATION AGREEMENT
THIS STANDARD DOMESTIC WATER SYSTEM AND SANITATION SYSTEM
INSTALLATION AGREEMENT ("Agreement") is made on this 16th day of
7u. y 2010, by and between the COACHELLA VALLEY WATER DISTRICT, a
public agency of the State of California ("District") and LA QUINTA REDEVELOPMENT
AGENCY, a Public Body Corporate and Politic; CITY OF LA QUINTA, a California municipal
corporation; CITY OF LA QUINTA, a municipal corporation; CITY OF LA QUINTA; and
CITY OF LA QUINTA, CALIFORNIA, a California municipal corporation and charter city
("Developer").
. RECITALS
A. Developer is the owner of certain real property located in the County of Riverside,
California legally described on Exhibit "A" and depicted on Exhibit °`B" attached hereto and by
this reference:incorporated here i ("Develo er Propperty").
B. Developer is developing a ,Z;I" 3 z on the Developer Property ("Project") of
approximately _Qi (/} units ("Units").
C: The Developer Property will require a domestic water system and sanitation
system and domestic water and sanitation service to each of the Units. For purposes of this
Agreement, the term "domestic -water system" shall include, without limitation, pipelines and
CV WD-14c
Document No. 060706-3-024 (Rev. 8109)
appurtenances thereto, including valves, service connections and fire hydrants, but excepting a
water meter to each Unit. For purposes of this Agreement, the term "sanitation system" shall
include, without limitation, pipelines and appurtenances thereto, including manholes and sewer
laterals. The terms "domestic water system" and "sanitation system" shall sometimes be referred
to herein collectively as "Domestic Water and Sanitation Systems."
D. Developer is desirous of having District provide domestic water and sanitation
service to the Developer Property and is willing to transfer to District the Domestic Water and
Sanitation Systems necessary therefor after the construction thereof and District is willing to
accept such transfer and to provide domestic water and sanitation service to the Developer
Property on the terms and conditions set forth herein.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
Developer General Responsibilities
(a) Developer will comply with District's rules, regulations, ordinances and
procedures regarding the design, installation and construction of the Domestic Water and
Sanitation Systems and the provision of domestic water and sanitation service to the Developer
Property, including, without limitation, "Regulations Governing Domestic Water Service",
"Regulations Governing Sanitation Service" and "Development Design Manual" as the same
may be amended from time to time (collectively, "Rules"). The Rules are incorporated herein by
reference.
(b) (i) Developer shall, at Developer's sole cost and expense, be
responsible for compliance with the California Environmental Quality Act ("CEQA") and all
other applicable state and federal environmental laws and all requirements of the Federal
Endangered Species Act and the California Endangered Species Act arising out of or in
connection with the design and construction of the Domestic Water and Sanitation Systems
and for compliance with all conditions and mitigation measures which must be satisfied in
connection with the same. Developer shall cause such public agency of the State of California
as shall be acceptable to District to act as lead agency for the purposes of complying with
CEQA, or District may elect, but shall have no obligation, to act as lead agency. As part of its
obligation to fund the CEQA process, Developer shall prepare or cause to be prepared all
instruments, documents, reports and other like or kind writings required to be prepared and/or
filed by CEQA
(ii) Developer shall, upon request by and at no cost to District, furnish
District with such information as Developer possesses or has available to it from any
consultants, engineers, contractors or other persons engaged by or under the control of
Developer relating to the environmental assessment relative to the creation of the Domestic
Water and Sanitation Systems covered by this Agreement. In this regard, nothing herein
contained shall be construed or interpreted to require District to take or participate in any legal
action for the purpose of securing approval for any improvement.
(c) (i) Developer shall employ, at its sole expense, a qualified
professional engineering firm ("Developer's Engineer") to plan, design and prepare detailed
construction plans and specifications ("Plans") for the Domestic Water and Sanitation Systems
in full and complete accordance with District's design criteria and standards, including, but not
limited to, the District's "Development Design Manual", "Standard Specifications for the
Construction of Domestic Water Systems" and "Standard Specifications for the Construction of
Sanitary Sewer Systems." Developer's Engineer shall complete the design and Plans and the
same shall be submitted to District as set forth below. All such planning and design work and
Plans performed and prepared by Developer's Engineer shall be subject to review and written
approval by District prior to presentation thereof to contractors for bidding purposes. District
shall approve or disapprove the Plans within a reasonable amount of time after submittal thereof
to District. In the event District disapproves the Plans, Developer shall modify the Plans in
accordance with the reasons given for disapproval and shall resubmit the revised Plans to District
for approval or disapproval. The foregoing procedure shall be continued until the Plans have
been approved by the District. Developer hereby acknowledges and understands that District
may approve or disapprove of Developer's planning and design work and/or Plans, in its sole and
absolute discretion. Developer represents that the Plans will conform to all applicable federal,
state and local governmental rules, ordinances and regulations and all applicable environmental
protection laws. To Developer's knowledge, after due inquiry, the Plans are complete, accurate,
workable and are in compliance with all governmental requirements with respect thereto.
(ii) Developer and Developer's successors, assigns and successors -in -
interest to the Developer Property shall be liable for the replacement of decorative concrete and
other surface improvements, including, but not limited to, alternative paving methods which
District may be required to remove in the future to gain access to the Domestic Water and
Sanitation Systems. District shall not be responsible for seal coating, overlaying or otherwise
resurfacing street improvements outside the immediate area of construction. Developer and
Developer's successors shall be responsible for all costs having to do with the same. Developer
shall include these conditions in the Covenants, Conditions, and Restrictions for the Developer
Property.
(iii) Prior to any service hereunder, Developer hereby consents and
agrees to execute the District's standard form Water Production Metering Agreement (or such
successor agreement) ("Metering Agreement") for any and all wells on the Developer Property
producing more than twenty-five (25) acre feet of water in any calendar year. The Metering
Agreement shall provide, in part, that (A) such wells must be equipped with a water measuring
device ("Measuring Device") more particularly described therein; (B) on a monthly basis the
Developer shall report well production directly or grant District employees, agents and
representatives an irrevocable right to come onto the Developer Property to read and maintain
the Measuring Device, and (C) Developer shall be required to pay a monthly replenishment
assessment.
(iv) Prior to any service hereunder, the Developer shall provide the
District gate codes for access to the Developer Property through any electrically or
electronically operated security gate system installed by Developer. If the Developer cannot
provide the District with gate codes then the District shall have the right to install radio controls
to operate said gate(s) at Developer's expense. Developer hereby grants to District an irrevocable
easement for District in and over the Developer Property for the purpose of installation,
reinstallation, repair, replacement, operation and maintenance of such radio controls. Developer
shall pay District the sum of Four Thousand Five Hundred Dollars ($4,500.00) as the cost of said
radio controls prior to acceptance of the Domestic Water and Sanitation Systems by District.
District will operate, maintain, and replace said radio controls at District expense.
2. Developer Pre -Plan Check Requirements
(a) Prior to submitting the Plans to the District for initial plan check,
Developer shall do the following:
(i) Concurrently with the execution of this Agreement by Developer,
Developer shall deliver to District a current preliminary report ('PTR') dated within thirty (30)
days of delivery thereof to District. The District shall notify Developer of any title exceptions
within the PTR which must be subordinated to the lien of this Agreement. Notwithstanding the
foregoing, any monetary liens or liens of any covenants, conditions and restrictions must be
subordinated to the lien of this Agreement. Developer shall have a period of thirty (30) days after
the receipt of the written notice to cause the subordination of the items listed in the District's
notice, as well as any monetary liens or liens of any covenants, conditions and restrictions.
(ii) Pay. the District's Hydraulic Modeling Deposit and provide the
Developer Property acreage, number of proposed dwelling units by phase, description and square
footage of any commercial buildings, clubhouses, community centers, etc., domestic and
landscape irrigation water daily demands and fire flow requirements in the form of a letter from
the Fire Marshall and sanitation (wastewater) flows,
(iii) Pay the District's Plan Check Deposit and any amounts necessary
to reimburse District for costs incurred in connection with review of the Plans.
(iv) Furnish to District Exhibits "A" and `B" and notarized
Installation Agreement.
(v) Complete and deliver to District the Original Bill of Sale on a
form supplied by the District.
Worksheet.
(vi) Complete and deliver the Supplemental Water Supply Charge
(vii) Complete and deliver to District the District's Standard Form
Development Category Declaration.
(viii) Furnish to District written petitions for the annexation of the
Developer Property to those Improvement Districts of District which are applicable to the public
services to be provided.
(ix) Complete and deliver to District the District's Standard Form
Domestic Water Plan Checklist.
(x) Complete and deliver to District the District's Standard Form
Sanitation Plan Checklist.
(b) Prior to submitting Plans to the District for the second plan check,
provide the following:
(i) Pursuant to Section l(a), Developer, at its sole cost and expense,
shall furnish to District recorded grant deeds and/or recorded easement document(s) and/or
easements proposed to be dedicated in tract maps and/or public rights -of -way, if applicable,
satisfactory to District (in its sole and absolute discretion) as to content, form, location and
width, which assure District's unequivocal right to own, operate, maintain, replace, repair,
enlarge, reconstruct, remove and improve the Domestic Water and Sanitation Systems.
Developer shall ensure that all deeds of trust, mortgages and covenants, conditions and
restrictions are reconveyed as to fee ownership and/or subordinated as to the easements.
Developer shall also ensure that the grant deeds and easements comply with the requirements
of the Rules.
(ii) Engineer's estimate of construction costs.
(iii) Landscape irrigation plans and specifications for common areas
and typical residential lots ("Landscape Plans") for the (Developer Property] in frill and
complete accordance with the Rules. The design and Landscape Plans shall be submitted to
District for review and written approval. District shall approve or disapprove the Landscape
Plans within a reasonable amount of time after submittal thereof to District. In the event
District disapproves the Landscape Plans, Developer shall modify the Landscape Plans in
accordance with the reasons given for disapproval and shall resubmit the revised Landscape
Plans to District for approval or disapproval. The foregoing procedure shall be continued
until the Landscape Plans have been approved by the District. Developer hereby
acknowledges and understands that District may approve or disapprove of Developer's
Landscape Plans, in its sole and absolute discretion. Developer represents that the
Landscape Plans will conform to all applicable federal, state and local governmental rules,
ordinances and regulations and all applicable environmental protection laws. To Developer's
knowledge, after due inquiry, the Landscape Plans are complete, accurate, workable and are
in compliance with all governmental requirements with respect thereto.
Developer Plan Approval/Release Requirements
Prior to the release/approval of the Plans by the District for the Domestic Water
and Sanitation Systems, Developer shall furnish to District the following:
(a) Deliver the approved Plans in electronic CAD format.
(b) Execute and deliver the District's Special Water System and Sanitation
System Installation Agreement in such form and content as shall be acceptable to the District.
4. Developer Pre -Construction Requirements
Following receipt of District's approval of the design and Plans for the
Domestic Water and Sanitation Systems and prior to the construction thereof, Developer
shall do the following:
(a) Furnish to District, prior to the pre -construction meeting set forth in
subsection (d), an irrevocable letter of credit ("LOC") or a certificate of deposit ("CD") from a
bank or savings and loan located and doing business in the State of California and acceptable to
District, naming District as sole beneficiary with the exclusive right of withdrawal according to
the following, in the amount of Five Thousand Dollars ($5,000.00) or five percent (5%) of the
amount of the constriction costs of the Domestic Water and Sanitation Systems, whichever sum
is greater, as security for the purpose of guaranteeing the completion of the construction of the
Domestic Water and Sanitation Systems. Said security shall provide that District has the
absolute right five (5) days after the mailing of a written notification to Developer by certified
mail, at Developer's address herein, to draw all or a portion of the funds represented by the
security as may be necessary to complete construction, including administrative and all other
project costs or to secure compliance with this Agreement, including the construction of the
Domestic Water and Sanitation Systems; each LOC or CD shall be issued or delivered on a case -
by -case basis, for each contract based on the construction required as outlined herein.
Said security, less draws; if any, will be returned to Developer on a case -
by -case basis, upon the District declaring that the Domestic Water and Sanitation Systems is
final and complete (including, but not limited to, the paving of road/street/right-of-way above
such facilities) in District's sole and absolute discretion. Developer hereby understands,
acknowledges and agrees that, the determination that the Domestic Water and Sanitation Systems
is complete and final may come after District has accepted such facilities.
(b) Furnish to District, prior to the pre -construction meeting set forth in
subsection (d), the District's Standard Form Materials Submittal and an electronic copy of the
recorded tract map of the Project.
(c) Employ, with written concurrence of District, a qualified contractor or
contractors (collectively, "Developer's Contractor") properly licensed by the State of
California, to construct and complete the Domestic Water and Sanitation Systems.
(d) Arrange or cause Developer's Contractor to arrange for a preconstruction
meeting with the District. At such meeting there shall be at least one (1) representative of
District, Developer and Developer's Contractor. At such meeting, Developer shall be required to
pay to District such deposit for inspection as shall be required by District. District shall deduct
from said deposit all reasonable cost and expense of District, including, but not limited to,
District's agents, employees or independent contractors. District shall handle such deposit
consistent with the District's rules, regulations and procedures with respect to such deposits.
(e) Obtain and maintain in full force and effect during the term of this
Agreement, the insurance coverages listed on Exhibit "C" attached hereto and by this reference
incorporated herein.
Developer Construction Requirements
Following satisfaction of the requirements set forth in Section 4, Developer
shall construct the Domestic Water and Sanitation Systems in accordance with the following
requirements:
(a) Developer shall, at its own cost and expense, apply for and obtain all
necessary consents, approvals, permits, authority, licenses or entitlements as shall be
required for the construction and installation of the Domestic Water and Sanitation Systems,
from all appropriate governmental authorities.
(b) Once the construction and/or installation of the Domestic Water and
Sanitation Systems has commenced, Developer shall diligently prosecute the same to
completion at no cost or expense to District in conformance with the laws, rules and
regulations of all governmental bodies and agencies, including those of the District.
(c) Developer shall perform, or cause to be performed, all construction and
installation of the Domestic Water and Sanitation Systems in good, workmanlike and
commercially reasonable manner, with the standard of diligence and care normally employed
by duly qualified persons in the performance of comparable work and in accordance with
generally accepted practices appropriate to the activities undertaken and in compliance with
the construction standards set forth herein. Developer shall employ at all times adequate
staff or consultants with the requisite experience necessary to administer and coordinate all
work related to the design, engineering, construction and installation of the Domestic Water
and Sanitation Systems.
(d) Developer shall cause the Developer's Contractor to comply with the
applicable OSHA standards and requirements, including following OSHA safety standards
and submitting construction and shoring plans as required.
(e) District shall be under no obligation to protect the Domestic Water and
Sanitation Systemsto be constructed by or on behalf of Developer, or any material, tool,
equipment and facilities until written acceptance thereof by District. Prior to the acceptance,
Developer shall bear all risk of loss or damage thereto by whatever cause inflicted.
Developer shall rebuild, repair, restore and replace or cause to be rebuilt, repaired, restored
or replaced, and make good all injuries or damages to any portion of the Domestic Water and
Sanitation Systems before completion and acceptance by District and Developer shall bear
the expense thereof.
(f) Developer shall directly pay all costs associated with the construction
of the Domestic Water and Sanitation Systems, including, but not limited to, furnishing of
materials, and Developer shall keep District free and harmless from such costs.
(g) The Domestic Water and Sanitation Systems shall be installed in strict
compliance with the Plans. Any deviations from the approved Plans must be approved by
District, in writing, prior to being made.
(h) Developer is required by this Agreement to install and construct certain
improvements which will be dedicated to District upon completion thereof in accordance with
the terms of this Agreement. Notwithstanding the foregoing, if Developer does not believe that
it is required to perform such work in the same manner and subject to the same requirements as
would be applicable to District had it undertaken such construction, including, without
limitation, the payment of prevailing wages and other public works requirements pursuant to the
California Labor Code, the California Government Code and the Califomia Public Contracts
Code, then Developer undertakes such construction at Developer's risk. Should it be determined
in the future by either the legislature or a court of competent jurisdiction that Developer was
required to comply with some or all of the requirements as would be applicable to District had it
undertaken such construction, Developer shall indemnify, defend and hold harmless the District
Indemnitees (as defined in Exhibit "D") from all Costs (as defined Exhibit "D") to which they
may be subjected or put, by reason of or resulting from failure to comply with public works
project requirements, including; but not limited to, the failure to pay prevailing wages or such
other requirements as would be applicable to District had it undertaken such construction.
(i) Developer hereby irrevocably appoints District to inspect the furnishing
and installation of the Domestic Water and Sanitation Systems. Developer shall provide
District representatives with reasonable access for inspection purposes. It is understood and
agreed that District's inspection personnelshall have the authority to enforce the Plans,
which authority shall include requiring that all unacceptable material, workmanship and/or
installation be replaced, repaired or corrected by Developer's Contractor. Nothing herein
shall be construed to grant District direct control over Developer's Contractor or anyone but
Developer or its designee. District's inspection does not include inspection for compliance
with safety requirements by Developer's Contractor. Any inspection completed by District
shall be for the sole use and benefit of District, and neither Developer nor any third party
shall be entitled to rely thereon for any purpose. District does not undertake or assume any
responsibility for or owe a duty to select, review or supervise the creation of the Domestic
Water and Sanitation Systems. In addition thereto, District's inspection is not for the purpose
of determining installed footage of water pipeline.
6. Developer Requirements for Progress for Fire Protection, Progress for
Domestic Water and Sanitation Service and Project Completion and Acceptance
(a) Upon completion and testing of the domestic water system, and prior to
base paving, the Developer may request to progress (place in service) the domestic water system
for fire protection only. No water meters will be issued at this stage. Notwithstanding anything
10
contained in this Section 6, District shall provide to the Developer Property, upon written request
by Developer and satisfaction of the District's rules, regulations and procedures, water for fire
protection on such terms and conditions as shall be acceptable to the District, in its sole and
absolute discretion. Developer acknowledges and agrees that provisions of water for fire
protection or the use of the improvements in connection therewith neither is an acceptance of
those improvements (which may only be accepted as provided in this Agreement) nor initiates
the warranty period pursuant to subsection (c) (v) below.
(b) (i) Upon completion and testing of the domestic water system and
sanitation system, and after base paving, the Developer may request to progress (place in service)
the domestic water system for fire protection and domestic water service and the sanitation
service. The District will issue water meter (s) for the approved phase of the Project and/or in
accordance meter release schedules outlined in the Special Agreement(s) if any.
(ii) Prior to the first request for meter (s) , Developer shall pay to the
District all Water System Back -Up Facilities Charges, Supplemental Water Supply Charges and
other charges related to the provision of domestic water service ("Domestic Water Charges") to
the Developer Property.
(iii) Prior to the first request for meter (s), Developer shall pay to the
District all Sanitation Capacity Charges and other charges related to the provision of sanitation
service ("Sanitation Charges") to the Developer Property.
(c) (i) Upon completion and testing of the Domestic Water and
Sanitation Systems, and after final paving, the Developer shall give District notice of the
same. District shall make a final inspection and provide written notice to Developer either
confirming that the Domestic Water and Sanitation Systems has been completed in
accordance with the requirements of this Agreement or setting forth a punchlist of items that
need to be completed or corrected. If District provides such a punchlist, the above -
referenced notice and inspection procedure shall be repeated upon completion of the
punchlist items. Nothing herein shall be considered a waiver of any warranty, guarantee or
other right in favor of the District.
11
(ii) Prior to the acceptance of the Domestic Water and Sanitation
Systems by the District, Developer shall provide to District a certified copy of the Covenants,
Conditions and Restrictions for the Developer Property.
(iii) Upon completion and acceptance of the Domestic Water and
Sanitation Systems, Developer shall prepare and execute a Certificate of Completion and
Final Acceptance as to the Domestic Water and Sanitation Systems and record said notice
with the Office of Recorder of the County of Riverside, State of California.
(iv) Upon receipt of the Certificate of Completion and Final
Acceptance, the Bill of Sale provided in Section 2(a)(v) shall convey title of the Domestic
Water and Sanitation Systems at no cost and expense to the District. The Domestic Water
and Sanitation Systems shall be transferred to District free of all liens and encumbrances.
The Developer shall provide CVWD the final construction cost of the Domestic Water and
Sanitation Systems.
(v) Developer warrants and represents to District that the Domestic
Water and Sanitation Systems shall be free from construction defects for eighteen (18) months.
The Developer shall maintain in force the CD or LOC required in Section 4 (a) above for the
duration of the eighteen (18) month guarantee.
(vi) Developer's Engineer shall provide to District all field -
engineering surveys associated with the construction of the Domestic Water and Sanitation
Systems at Developer's sole cost and expense. Developer shall promptly furnish to District
all field notes and grade sheets, together with all location, offset, and attendant data and
reports, resulting from Developer's Engineer's field engineering surveys and/or proposed
facility design changes, all of which have been prepared in accordance with generally
accepted engineering practices. Any inspection or review pursuant to this subsection shall be
for the sole use and benefit of District, and neither Developer nor any third party shall be
entitled to rely thereon for any purpose.
(d) District shall repair, at Developer's cost and expense all failures of the
domestic water system which was furnished, installed and/or constructed due to faulty materials
or installation, during the period commencing with the acceptance of the domestic water system
and within said eighteen (18) month warranty period reference in Section 6(c)(v). District shall
12
invoice Developer for such costs. Developer shall, within thirty (30) days after written demand
therefor, pay or cause Developer's Contractor or surety to pay such costs shown on the invoice.
Nothing in this subsection shall limit or abrogate any other claims, demands or actions District
may have against Developer or Developer's Contractor on account of damages sustained by
reason of such defects, nor shall the provisions of this Section limit, abrogate or affect any
warranties in favor of District which are expressed or implied by law or set forth in any
construction agreement.
(e) Developer shall repair, at Developer's cost and expense all failures of the
sanitation system which was furnished, installed and/or constructed due to faulty materials or
installation, during the period commencing with the acceptance of the sanitation system and
within said eighteen (18) month warranty period reference in Section 6(c)(v). Nothing in this
subsection shall limit or abrogate any other claims, demands or actions District may have against
Developer or Developer's Contractor on account of damages sustained by reason of such defects,
nor shall the provisions of this Section limit, abrogate or affect any warranties in favor of District
which are expressed or implied by law or set forth in any construction agreement.
Project Close Out Requirements
After receipt of the Certificate of Completion and Final Acceptance the
following requirements shall apply:
(a) Developer shall cause the Developer's Contractor and all
subcontractors and materialmen to provide unconditional lien and material releases.
(b) Developer shall provide District with a declaration by Developer's
Contractor that the Developer's Contractor and all persons and entities who furnished
material in the construction of the Domestic Water and Sanitation Systems have been paid in
full.
(c) All permits, plans, construction surveys and operating manuals related
thereto, shall be delivered to and become the sole property of the District, subject to
Developer's warranty work and other obligations required hereunder.
(d) Upon a written request of Developer, District will furnish to the
appropriate departments of the appropriate city or county, the Department of Real Estate and/or
13
Department of Corporations of the State of California, a letter from District indicating that
financial arrangements have been made for the construction of the Domestic Water and
Sanitation Systems for the Developer Property and District is willing to provide domestic water
and sanitation service to each and every Unit therein, provided Developer has done all of the
following:
time,
(i) Complied with all provisions of this Agreement applicable at the
(ii) Furnished District an LOC or CD from a bank or savings and loan
located and doing business in the State of California in a form approved by District in the
amount of Five Thousand Dollars ($5,000.00) or five percent (5%) of the amount of the
construction contract(s), whichever sum is greater,
(iii) If required by the appropriate city or county, furnished District
with a copy of the bond filed with the appropriate city or county, guaranteeing the construction
of required subdivision improvements, including the Domestic Water and Sanitation Systems
provided for herein, and
Charges.
(iv) Paid to District any amount due under the Domestic Water
(v) Paid to District any amount due under the Sanitation Charges.
8. General Provisions
(a) Developer shall assume the defense of, indemnify and hold hannless
District and its officers, directors, administrators, representatives, consultants, engineers,
employees and agents and their respective successors and assigns, and each and every one of
them, in accordance with the provisions of Exhibit "D" attached hereto and by this reference
incorporated herein.
(b) Prior to the acceptance of the Domestic Water and Sanitation Systems by
District, Developer shall furnish to District any and all documents reasonably requested by
District.
14
(c) In the event that construction of the Domestic. Water and Sanitation
Systems has not begun within twelve (12) months of the date of approval of the Plans, District
shall have the right to declare this Agreement void. In the event District exercises said right, it
shall have no further obligations under this Agreement. Any new or revised agreement and any
related domestic water and/or sanitation plans shall reflect any new conditions in effect at that
time and shall require the submittal of domestic water and/or sanitation plans by Developer to
the District for approval. Costs, fees and charges due under said new or revised agreement shall
be those which are in effect at the time payment thereof is tendered.
(d) All notices provided for hereunder shall be in writing and mailed
(registered or certified, postage prepaid, return receipt requested), or by express carrier
(return receipt requested) or hand delivered to the parties at the addresses set forth below or at
such other addresses as shall be designated by such party and a written notice to the other
party in accordance with the provisions of this Section. All such notices shall, if hand
delivered, or delivered by express carrier, be deemed received upon delivery and, if mailed, be
deemed received three (3) business days after such mailing.
DISTRICT
Coachella Valley Water District
Attention: General Manager — Chief Engineer
Post Office Box 1058
Coachella, California 92236
DEVELOPER:
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(e) Time is of the essence of this Agreement and each and every term and
provision thereof.
(f) This Agreement shall be construed as if prepared by all of the parties
hereto. Accordingly, any rule of law (including California Civil Code Section 1654) or legal
decision that would require interpretation of any ambiguities in this Agreement against the party
that has drafted it is not applicable and is waived.
15
(g) No delay on the part of any party hereto in exercising any right, power or
privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any
party hereto of any right, power or privilege hereunder operate as a waiver of any other right,
power or privilege hereunder, nor shall any single or partial exercise of any right, power or
privilege hereunder preclude any other or further exercise of any other right, power or privilege
hereunder.
(h) This instrument, together with the exhibits attached hereto and other
writings referenced herein, contain the entire agreement between the parties relating to the
subject matter hereof and supersede any and all prior agreements between the parties, oral or
written; and any and all amendments thereto. Any oral representations or modifications
concerning this instrument shall be of no force and effect excepting a subsequent modification
in writing, signed by the parties to be charged.
(i) In the event of any litigation or other action between the parties arising out
of or relating to this Agreement or the breach thereof, the prevailing party shall be entitled, in
addition to such other relief as may be granted, to its reasonable costs and attorneys' fees.
0) If any provision of this Agreement shall be ruled invalid, illegal or
unenforceable, the parties shall: (i) promptly negotiate a substitute for the provision which shall,
to the greatest extent legally permissible, effect the intent of the parties in the invalid, illegal or
unenforceable provision, and (ii) negotiate such changes in, substitutions for or additions to the
remaining provisions of this Agreement as may be necessary in addition to and in conjunction
with subsection (i) above to give effect to the intent of the parties without the invalid, illegal or
unenforceable provision. To the extent the parties are unable to negotiate such changes,
substitutions or additions as set forth in the preceding sentence, and the intent of the parties with
respect to the essential terms of the Agreement may be carried out without the invalid, illegal or
unenforceable provision, the balance of this Agreement shall not be affected, and this Agreement
shall be construed and enforced as if the invalid, illegal or unenforceable provision'did not exist.
(k) Each party hereto agrees to execute and deliver such documents and
perform such other acts as may be necessary to effectuate the purposes of this Agreement.
16
(1) Each individual executing this Agreement hereby represents and warrants
that he or she has the full power and authority to execute this Agreement on behalf of the named
parties.
(m) Developer shall maintain and make available for inspection by District
during regular office hours, accurate records pertaining to the design, construction and
installation of the improvements to be constructed by Developer.
(n) This Agreement may be executed in counterparts, each of which shall be
deemed an original, but all of which shall constitute but one instrument.
(o) If any payment due District hereunder is not paid when due, Developer
shall pay to District an additional ten percent (10%) for each payment due as an administrative
processing charge. The parties agree that this late charge represents a fair and reasonable
estimate of the costs that District will incur by reason of late payment by Developer. Acceptance
of any late charge shall not constitute a waiver of Developer's default with respect to the overdue
amount or prevent District from exercising any of the other rights and remedies available to
District. Any payment not paid when due shall bear simple interest at the rate of ten percent
(10%) per annum (provided such amount shall not exceed the maximum rate allowed under
California law) from the date due until paid in full.
(p) The parties agree that any action or proceeding to enforce or relating to
this Agreement shall be brought exclusively in the Federal or State courts located in Riverside
County, California, and the parties hereto consent to the exercise of personal jurisdiction over
them by any such courts for purposes of any such action or proceeding.
(q) This Agreement is entered into within the State of California, and all
questions concerning the validity, interpretation and performance of any of its terms or
provisions or any of the rights or obligations of the parties hereto shall be governed by and
resolved in accordance with the laws of the State of California.
(r) Subject to the obligations of Developer set forth herein, and the terms and
conditions hereof, upon accepting title to the Domestic Water and Sanitation Systems and
facilities described above in this Agreement, District shall assume all rights and obligations of
ownership including, without limitation, the operation of the systems at no further cost to
Developer.
17
(s) The terms and provisions set forth in this Agreement shall be deemed
provisions, terms and/or covenants running with the Developer Property in accordance with
applicable law, including, without limitation, Section 1468 of the California Civil Code and shall
pass to and be binding upon the successor owners of the Developer Property. As such, all
successor owners of the Developer Property will have any of the rights, responsibilities and
liabilities of Developer, as if such person or entity originally executed this Agreement in place
and stead of Developer. Each and every contract, deed or other instrument hereafter executed
covering or conveying the Developer Property, or any portion thereof, shall conclusively be held
to have been executed, delivered and accepted subject to such terms and conditions regardless of
whether such terms and conditions are set forth in such contract, deed or other instrument. No
transfer of the Developer Property shall relieve Developer of any responsibility or liability under
this Agreement.
(t) Following fulfillment of the terms and conditions herein and acceptance
by District of the Domestic Water and Sanitation Systems, District will provide domestic water
service and sanitation service to the Developer Property in accordance with the Rules.
DISTRICT
COACHELLA VALLEY WATER DISTRICT,
a public ency of the State of California
BY `!�T,tg to
Its J. M a' ett
C-}l1ICQb�, Iii+dl%�IEK
DEVELOPER:
LA QUINTA REDEVELOPMENT AGENCY,
a Public Body Corporate and Politic; CITY OF LA
QUINTA, a California municipal corporation; CITY OF
LA QUINTA, a municipal corporation; CITY OF LA
QUINTA; and CITY OF LA QUINTA, CALIFORNIA,
a
9�a
It� muniT ,tionanEdher cityB'//,
i%LEc�v2
18
STATE OF CALIFORNIA)
) ss.
County of Riverside )
On July 16, 2010, before me, Grace Gil, Notary Public, personally appeared J. M. Barrett,
who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed
to the within instrument and acknowledged to me that he executed the same in his authorized
capacity, and that by his signature on the instrument the person, or the entity upon behalf of which
the person 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.
GRACE GIL
COMM. #1979053
NOTARY PUBLIC • CAUFORNIA
RMSIDE COUNTY -�
Commission in:s K12 2014
COMMISSION NO. 1879053
&U", �dj
Grace Gil, Notary Public in
and for said County and State
MY COMMISSION EXPIRES FEBRUARY 2, 2014
CAPACITY CLAIMED BY SIGNER: Assistant General Manager
SIGNER IS REPRESENTING: Coachella Valley Water District
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
�S!'a' 1i:ti.s?>:�Y!'.\�$!'U �f...TL�.a.CA'�v3i �f:7f..1.a>.� �?C:: �L.�vf.?�c]S../.?v'�+.�.v. fti s\�%)•.v�S.�N':: U..�L:cti..�f.-:T.vm.' �> ��.��C.�u'\C..'�U'.�i
State of California
County
On tQ
persona
PAMELA S- CETO
Commission # 1723211
-®
Notary Public - California
... Riverside county
tvly Comm. Explres Feb 2, 2011
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(e) is/are subscribed to the
within instrument and acknowledged to me that
he/sheHHey executed the same in his/lieWHheir authorized
capacity(ies), and that by his/herltheir signature(s) on the
instrument the person(e), or the entity upon behalf of
which the person(a+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.
WITNES hand and official seal.
Signature I C
t Signature of Notary Public
OPTIONAL
information below is not required by law, it may prove valuable to persons relying on the
nd.Eould prevent fraudulent removal and reattachment of this form to another document.
Description of AttacW Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer—Title(s):
❑ Partner —❑ Limited El General
❑ Attorney in Fact
El Trustee
Top
❑ Guardian or Consery r
❑ Other:
Signer Is
Signer's N
❑ Individual
❑ Corporate Office
❑ Partner — ❑ Lir
❑ Attorney in Fact
of Pages:
Title(s):
*�o General
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
National Notary Association •9350 De Soto Ave.,RO.Box2402•Ghatsvorih, CA 91313-2402• vrvuw.NafionalNetaryorg Item#5907 ReoNec Call
Top of thumb here
EXHIBIT LIST
EXHIBIT "A" LEGAL DESCRIPTION OF
DEVELOPER PROPERTY
EXHIBIT `B" DEPICTION OF DEVELOPER
PROPERTY
EXHIBIT "C" INSURANCE REQUIREMENTS
EXHIBIT "D" INDEMNITY PROVISION
EXHIBIT "A"
TO
STANDARD DOMESTIC WATER SYSTEM AND SANITATION SYSTEM
INSTALLATION AGREEMENT
LEGAL DESCRIPTION OF DEVELOPER PROPERTY
EXHIBIT "A"
LA QUINTA FIRE STATION #32
(DEVELOPER PROPERTY)
IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA, THAT PORTION OF THE. WEST 25 ACRES OF THE
SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 6,
TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE SOUTH LINE OF SAID SECTION 6,
WHICH BEARS NORTH 89055'08" EAST, A DISTANCE OF 821.33 FEET
FROM THE SOUTHWEST CORNER OF SAID SECTION 6, SAID POINT
ALSO BEING THE SOUTHEAST CORNER OF THE WEST 25 ACRES OF
THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID
SECTION 6;
THENCE NORTH 00001'00" EAST ALONG THE EAST LINE OF SAID WEST
25 ACRES A DISTANCE OF 30.00 FEET TO A LINE PARALLEL WITH AND
30.00 FEET NORTHERLY OF THE AFOREMENTIONED SOUTH LINE OF
SECTION 6, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID EAST LINE SOUTH 89055'08" WEST AND ALONG
SAID PARALLEL LINE A DISTANCE OF 315.64 FEET;
THENCE LEAVING SAID PARALLEL LINE, NORTH 00°03'33" EAST A
DISTANCE OF 310.70 FEET;
THENCE NORTH 24051'04" EAST A DISTANCE OF 24.73 FEET;
THENCE NORTH 89044'57" EAST A DISTANCE OF 40.20 FEET;
THENCE NORTH 44058'08" EAST A DISTANCE OF 14.26 FEET;
THENCE NORTH 00009'44" EAST A DISTANCE OF 227.93 FEET TO THE
BEGINNING OF A NON -TANGENT CURVE, CONCAVE NORTHWESTERLY,
HAVING A RADIUS OF 1,255.00 FEET, A RADIAL LINE PASSING THROUGH
SAID POINT BEARS SOUTH 14054'27" EAST;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH
A CENTRAL ANGLE OF 12028'00", AN ARC DISTANCE OF 273.07 FEET TO
A POINT ON THE AFOREMENTIONED EAST LINE OF THE WEST 25
ACRES OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER
OF SAID SECTION 6;
THENCE SOUTH 00001'00" WEST ALONG SAID EAST LINE A DISTANCE
OF 669.18 FEET TO THE TRUE POINT OF BEGINNING.
PAGE 1 OF 2
EXHIBIT "A"
LA QUINTA FIRE STATION #32
(DEVELOPER PROPERTY)
EXCEPTING THEREFROM A PORTION OF THE SOUTHWEST ONE -
QUARTER OF THE SOUTHWEST ONE. -QUARTER OF SAID SECTION 6,
TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, IN
THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS
FOLLOWS:
COMMENCING AT A POINT ON THE SOUTH LINE OF SECTION 6, SAID
POINT BEING 149.00 FEET WESTERLY FROM THE SOUTHEAST CORNER
OF THE WEST 25 ACRES OF THE SW 1/4 OF THE SW 1/4 OF SAID
SECTION 6;
THENCE NORTHERLY AND PARALLEL WITH THE EAST LINE OF SAID
WEST 25 ACRES, 156.50 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID PARALLEL LINE 23.50 FEET;
THENCE EASTERLY AND PARALLEL WITH SAID SOUTH LINE 25.00 FEET;
THENCE SOUTHERLY AND PARALLEL WITH SAID EAST LINE 23.50 FEET;
THENCE WESTERLY AND PARALLEL WITH SAID SOUTH LINE, 25.00 FEET
TO THE TRUE POINT OF BEGINNING.
EXCEPTION CONTAINING 587.5 SQUARE FEET, MORE OR LESS.
SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND
RIGHTS -OF -WAY OF RECORD.
CONTAINING 176,146.5 NET SQUARE FEET
OR 4.044 ACRES, MORE OR LESS.
rj'�rCHARLM
LAiyp
SEE EXHIBIT "B" ATTACHED HERETO AND �mBY REFERENCE MADE A PART HEREOF. R.HARRIS
. as3sPRpHo�12/e�1/�
F1UND SUPERVISION OF:
0 CA
CHARLES R. HARRIS P.L.S. 4989 �
EXP. 12/31 /2011
DATED: 9 ��
PAGE 2OF2
EXHIBIT `B"
TO
STANDARD DOMESTIC WATER SYSTEM AND SANITATION SYSTEM
INSTALLATION AGREEMENT
DEPICTION OF DEVELOPER PROPERTY
r.;
LA QUINTA FIRE STATION #32
(DEVELOPER PROPERTY _
_ 52ND AVENUE — F
LINE DATA
NO.
BEARING
LENGTH
L1
N
0901'00"
E
30.00'
L2
N
24'51'04"
E
24.73'
L3
N
89'44'57"
E
40.20'
L4
N
44'58'08"
E
14.26'
0' 100' 200'
SCALE 1"=100'
E
APN
770-184-002-
TRACT NO. 19203,
M8 145/55-56
PORTION OF LOT 1
APN 770-184-001
L3 INST. NO. 263274
REC. 8/ 7/89, O.R.
APN 770-184-004
4.044 AC.
TRACT NO. 19203, MB 145/55-56
TRACT NO. 19203, PORTION OF LOT 2
M6 145/55-56 0 APN 770-184-003
LOT 2
Q WEST LINE h o
p �OF SEC. 6 in
`Q 7
o EXCEPTION—/
w z 587.5 SQ. FT.
m I SEE SHEET 2 FOR
Q EXCEPTION DETAIL
p SW COR. SEC. 6.
Z T.6S., R.7E., S.B.M.
- —
Q S 89'55'08" W
FRANCIS HACK LANE
N 69'55 O8" E 821.33'
SOUTH LINE
— — — — — — — — — — —
OF SEC. 6
i o
�L c
yl
/ I
to
t /��
/4",
It /` /
00 / / /
o irn�
z 40
I �I
of
3 c
o W I00
CN
?� I `°
o 00
o ; N N
ICI o-�—
p Q z rn
o LO
Z ~I N
Ulol ��
I EI JNoEll OF W. 25 AC,
OF SW 1/4.017 SW 1/4
OF I ECI 6
I iT.P.0.8.
I I �
SE COR. OF W. 25 AC.
OF SW 1/4 OF SW 1/4
OIF SEC 6
P.O.C. II
SW COR.
LOT "H
MSA CONSULTING, INC.
Pt.Axxaaa . Ctvu. Bxauisan¢ia � LAxa Slmvs�wa
34200 Bos Hom De • RANCHO Maori ■ CA 92270
13i=om (760) 320-9M s FA (760) 323-7893
28 05/10/2010 SHEET 1 OF 2
315.64' o
M
LA QUINTA FIRI
(DEVELOPER
0' 10' 20'
SCALE 1"=10'
EXC. - EXCEPTION
w
0
0
0
0
0
I m
a
❑
m
w
al
❑
Z
liJ
i I
a �
SW COR. SEC. 6
T.6S., R.7E., S.B.M.
STATION #32
PROPERTY)
EXCEPTION
587.5 S.F.
T.XP.O.B..
J
LINE DATA
NO.
- BEARING
LENGTH
L5
N 00'01'00"
E
23.50'
L6
N 89'55'08"
E
25.00'
L7
N 00'01'00".E
23.50'
LB
N 8T55'Oe
E
25.00'
SE
COR, OF
W. 25 AC.
OF
SW 1/4
OF SW 1/4
SOUTH LINE
— P.O.C.
OF
SEC. 6
EXC.OF SEC. 6
149.00'
_
_
N 89'55'Oe E
821.33'
FRANCIS HACK LANE
MSA CONSULTING, INC:
PUNNaio ■ Ct ENGUMMMO ■ LANu SMVEMO
34200 Eoa Hora Dniva • R NcNo MmAos . CA 9Z
1Ya.eraoi (760) 320-98H ■ FAx (760) 323-7893
05/10/2010 SHEET 2 0
EXHIBIT "C"
TO
STANDARD DOMESTIC WATER SYSTEM AND SANITATION SYSTEM
INSTALLATION AGREEMENT
INSURANCE REQUIREMENTS
EXHIBIT C
INSURANCE REQUIREMENTS
Developer shall carry and maintain, at Developer's sole cost and expense, until
the Domestic Water and Sanitation Systems have been installed and completed, not less than the
following coverage and limits of insurance which shall be maintained with insurers and under
forms of policies satisfactory to District:
occurrence.
(a) Worker's Compensation and Employer s Liability:
(i) . State Workers Compensation — coverage as required by law.
(ii) Employer's Liability with limits of at least $1,000,000 per
(b) Automobile Liability for Bodily Injury, Death and Property Damage —
$1,000,000 per person, $2,000,000 per occurrence.
(c) Commercial General Liability for Bodily Injury, Death and Property
Damage - $1,000,000 per person, $2,000,000 per occurrence.
The foregoing policies shall include, without limitation, owned,
nonowned and hired automobile (vehicle) liability, contractual liability, personal injury,
blanket commercial, broad form property damage and product/completed operation liability
coverage. These policies may contain an aggregate limit not less than the occurrence limit.
The required limits may be satisfied by a combination of a primary policy and an excess or
umbrella policy.
shall:
2. All insurance required pursuant to the express provisions of this Agreement
(a) Provide that coverage shall not be revised, canceled or reduced until at
least thirty (30) days written notice of such revision, reduction or cancellation shall have been
given to District. In the event any policies of insurance are revised, canceled or reduced,
Developer shall, prior to the revision, cancellation or reduction date, submit evidence of new
insurance to the District complying with this Agreement.
(b) Be issued by insurance companies which are qualified to do business in
the State of California and which have a rating satisfactory to District and by such rating service
as shall be reasonably acceptable to District.
(c) Be reasonably satisfactory to District in all other reasonable respects.
The policies required pursuant to this Agreement or a certificate of the policies,
together with evidence of payment of premiums, shall be provided to District prior to the
commencement of construction of any improvement hereunder.
4. The insurance to be maintained by Developer pursuant to this Agreement shall:
insureds;
volunteers;
(a) Name District, and its officers, employees and volunteers as additional
(b) Apply severally to Developer and District, and its officers, employees and
(c) Cover Developer and District as insureds in the same manner as if separate
policies had been issued to each of them;
(d) Contain no provisions affecting the rights which either of them would
have as claimants if not so named as insureds
(e) Be primary insurance with any other valid and collectible insurance
available to the aforesaid additional insureds constituting excess insurance, and each policy shall
be endorsed substantially as follows:
"The insurance afforded by this policy to District shall be primary
insurance and other valid and collectible insurance available to
District shall be excess insurance and, under no circumstances,
shall be considered contributory."
(f) Have a deductible or deductibles, if any, which are no greater than those
normally maintained for similar projects in the State of California and shall contain a waiver of
subrogation and endorsement in favor of the District.
2
EXHIBIT "D"
TO
STANDARD DOMESTIC WATER SYSTEM AND SANITATION SYSTEM
INSTALLATION AGREEMENT
INDEMNITY PROVISION
WIMIPM 1
INDEMNITY
Developer shall assume the defense of, indemnify and hold harmless District and its
officers, directors, administrators, representatives, consultants, engineers, employees and agents
and their respective successors and assigns (collectively, "District Indemnitees"), and each and
every one of them, from and against any and all actions, causes of action, damages, demands,
liabilities, costs and expenses (including, but not limited to, reasonable attorneys' fees) claims,
losses and expenses of every type and description ("Costs") to which they may be subjected or
put, by reason of, or resulting from, (A) this Agreement, (B) the design, engineering and
construction of the Domestic Water and Sanitation Systems, (C) the performance of or failure
to perform, the work covered by this Agreement which is caused or occasioned by any act,
action, neglect on the part of Developer or its Representatives (as defined below), (D) any death,
injury, property damage, accident or casualty caused or claimed to be caused by Developer or its
Representatives or involving Developer or its Representatives or its or their property, (E) any
breach by Developer of its obligations under this Agreement, and (F) any enforcement by
District of any provision of this Agreement. The foregoing indemnity shall not apply to the
extent any such Costs are ultimately established by a court of competent jurisdiction to have
been caused by the gross negligence or willful misconduct of the District Indemnitees or any of
them. District shall make all decisions with respect to its representation in any legal proceeding
concerning this Section. If Developer fails to do so, District shall have the right, but not the
obligation, to defend the same and charge all of the direct or incidental Costs of such defense,
including fees and costs, to Developer and to recover the same from Developer. The term
"Representatives" shall mean employees, representatives, agents, contractors, subcontractors or
any other persons directly or indirectly employed by any one of the foregoing or reasonably
under the control of any of the foregoing or for whose acts any of the foregoing may be liable.
No provision of this Agreement shall in any way limit the extent of the responsibility of
Developer for payment of damages resulting from its operations or the operations of any of its
contractors, engineers, agents or employees. Developer further covenants and agrees to pay, or to
reimburse District, its agents, employees, engineers, consultants, officers, directors and
administrators, for any and all costs, attorneys' fees, liabilities or expenses in connection with the
investigating, defending
against or otherwise in connection with any Costs arising out of or in connection with
Developer's obligations pursuant to this Agreement, except liability arising through the gross
negligence or willful misconduct of the District Indemnitees, or any of them. District shall have
the right, at Developer's expense, to commence, to appear in or to defend any action or
proceeding arising out of and in connection with the Agreement, and in connection therewith,
may pay all necessary expenses if Developer fails upon reasonable notice to so commence,
appear in or defend any action or proceeding with counsel reasonably acceptable to District.
Developer shall be furnished with copies of bills relating to the foregoing upon request.
2
BILL OF SALE
For a valuable consideration, receipt of which is hereby acknowledged
City of La Quinta 78-495 Calle Tampico La Quinta 92253
as SELLER, hereby bargains, conveys and sells unto the COACHELLA VALLEY WATER DISTRICT, a
public agency of the State of California, the following described personal property, such conveyance to
become effective upon receipt of the Certificate of Completion and Final Acceptance of such personal property
as described below:
All. of the domestic water facilities including, but not limited to fire hydrants and services for
Fire Station No. 32 - 78-111 Avenue 52. La Quinta 92253
Sewer : 319 8U
WckAz f -- 319-7-7— 3-79-79
Witnessed by:
Date: 6 f a ( - 0 /
Seller: City of LaQuinta
Date:
CVWD-181A
(Rev. 5/12/09)
CVWD DEVELOPMENT DESIGN MANUAL A42
RANCHO LA QUINTA
COUNTRY CLUB
ILA QUINTA COUNTRY CLUB
ALLE F CITRUS COURSE
CO
AVE. 52
817E
VKX—M MAP
NTS
(Q--7- Ca -3