Skyline Pacific & Saunders/retention basin maint 01Recording 9q uu estecl_by:
Stein, Smith, Rudser & Cohen, I.LP
505 Seventeenth Street
Oakland, CA 94612
Whctt recorded mail to:
Syvia L. Magid
Stein, Smith, Rudser & Cohen, LIT
505 Seventeenth Street
Oakland, CA 94612
OCC M Z00s-0aas�a
02/0912061 04:60 Fa:=I.N
Page 1 of 6
Recorded In Official Records
Ceunty of Riverside
Gary L. ore.
Ra "ser, CauntY Clark a Reorder
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CONSTRUCTION, MAINTENANCE., AND JOIAT USE AGREEMENT
'1111S CONSTRICTION, MAINTENANCE AND JOIN'r USE AGREEMENT
(`Agreement") is entered into on January _._ , 2001, between Skyline Pacific Properties,
LLC ("Skyline"). owner of the real property located on Dune Palms Road, La Quinta,
Calilirnia, referred to herein as Parcel 4, ("Prop"[y A"). and Julian Saunders
("Saunders"). owner of real property located on Dune Palms Road, La Quinta, California,
referred to herein as Parcel 3 ("Property B"), said properties being more particularly
described in Exhibit "l." Skylir ! and Saunders are referred to herein collectively as the
"Parties."
RECITALS
1. WHEREAS, the City of La Quinta, County of Riverside, State of California.
currently requires that a retention basin with a capacity of 25,800 cubic square feet he in
place for water drainage from Property A and for water drainage from Dune Palms Road,
1. uYTIIAMAa n«n[,.•rry A rurrently hac two retention basins with a total
capacity of 25,800 cubic square feet. Both retention basins are located entirely on
Property A.
3. WHEREAS, the City of La Quinta, County of Riverside, State of California,
currently requires that a retention basin with a capacity of 17,200 cubic square feet be in
place for water drainage from Property B.
4. WHEREAS, Property B currently has one retention basin with a total capacity
of 17,200 cubic square feet. The retention basin runs the length of Property It and
borders Property A and is depicted on Exhibit "2" hereto.
5, WHEREAS, the total retention basin capacity currently required for Property
A and Property B is 40,000 cubic square feet.
Construction, Maintenance and
Joint tlsc Agreement
F�
M
6. WHEREAS, the Parties agree that combining the retention basin located on
Property It with a retention basin located on Property A to create one enlarged retention
basin ("Combined Retention Basin") with a capacity of 40.000 cubic square feet would
hanelit both Parties.
7. WHEREAS, on December IN, 2000. Skyline, through Ron Martin &
Associates, Inc., requested that the City of I it Quinin grant formal approval of the
Combined Retention Basin.
TEEMS OF AURF:F:MF,N'I'
I. The owner of Property A shall be solely responsible for the design and
construction of the Combined Retention Basin. The Combined Retention Basin will be
designed and constructed by the owner of Property A to meet all City of La Quinta's
requirements including the side slope requirement of 3 horizontal to I vertical and to hold
40,000 cubic square feet of water drainage. The Parties acknowledge that the exact
design and location of'the Combined Retention Basin has not yet been determined but
agree that the portion of the Combined Retention Basin on Property B will be in the same
location as the existing Property B retention basin. The owner of Property A and its
contractors shall have the right to enter Property B for the purpose of constructing the
Combined Retention Basin and shall have the right to construct the Combined Retention
Basin. The owner of Property A agrees to indemnify, defend, and hold harmless for any
claims resulting from the construction of the Combined Retention Basin.
2. The Parties shall jointly have a right to use the Combined Retention Basin in
order to comply with water drainage requirements ol'Property A and Property B.
3. The Parties shall undertake and perform all repairs and maintenance necessary
to keep the Combined Retention Basin in good working order such that it meets the City
of l.a Quinta's requirements for retention basins. The costs and expenses for tiny and all
ronnirc and mniwonorm, of thn f'nmhinn,t Rnb•et L,n nnein .droll k.• o,or.A
......... ...._ .._...._.._.._. ._ ..._ .. .. _._... .... ......... ...._.. .._ ...._. �.. ..�.... _..
Skyline and Saunders in the same ratio as the current retention basin capacity for each
property.
4. The Parties agree to record this Agreement in the official records of Riverside
County within five (5) business days of the date of execution of this Agreement.
5. The Parties will have the right, in perpetuity, to use the Combined Retention
Basin for collection of water drainage purposes only.
6. 'Phis Agreement will be in effect from the date of execution of this Agreement,
in perpetuity, by and between Skyline and Saunders, the present owners of Property A
and B, respectively, and successors in interest of Property A and Property B. This
Agreement is binding on all successors in interest of the Parties and all assignees of the
Parties including all employees. agents, other representatives, shareholders, partners.
officers, directors, members, managers, spouses and heirs,
Construction, Maintenance and
Joint Use Agreement
11111 IN IIa 1IINI II11 Pill NIIIII III Pill IIII IN"r 0IF-0 198sen
7. 11'any provision or part of any provision of this Agreement shall f'or any reason
he held to he invalid, unentbrceahle, or contrary to public policy or any law, then the
remainder of this Agreement shall not be al'lected thereby and shall remain in full force
and effect.
H. 'Phis Agreement contains the entire understanding among the Panics to this
Agreement with regard to the mutters herein set forth, and is intended to be and is a final
integration thereof. There are no representations, warranties, agreements, arrangements,
undertakings, oral or written, between or among the parties hereto relating to the terms
and conditions of this Agreement which are not fully expressed herein. 'Phis Agreement
may be modified only by a writing signed by all Parties hereto.
9. Fisch person who executes this Agreement on behalf of a corporation, limited
liability company. public entity, partncrship,,joint venture, unincorporated association, or
other entity represents and warrants to each party hereto that he or she has the authority
of the governing body, shareholders or members of said entity to do so, and agrees to
indemnify and hold harmless each other party from any claim that such authority did not
exist.
10. The Parties hereto acknowledge and agree that, in the event any action is
brought by any party hereto to enforce this Agreement, the prevailing party shall be
entitled to reasonable attorney's tees and costs in addition to all other relief to which that
Party or those Parties may he entitled.
OWNER OF PROPERTY "A"
SKYLINF. PACII'k' PROPERTIES, LLC
By: _�• �I�1 A4
1). Scott Rucgg
Its: Merier
Construction, Maintenance and
Joint Ilse Agreement
PROPERTY "B"
I I N Bill llll lilt Illl111V �11111111111111 IN A�1 III` ON
AC'KNOWLGDGGMGNT
State of Calif )
SS. 21�—xe
County o1' / /ic;AO�/ before me, �J
(name of no ry public), personally appeared D, Scott Ruegg (name of principal),
(or proved to me on the basis of satisfactory evidence) to be the
person whose name is subscribed to the within instrument and acknowledged that he
executed the same in his authorized capacity, and that by his signature on the instrument
the person or the entity upon behulf of which the person acted. executed the instrument
WITNESS my hand and official seal.
WWT
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+n. r A 74
Staic o1 California )
) SS.
County of kwrwd-e
On "janLjar4_30 LW before me,
(name ot'notary public), personally appeared Julian Saunders (name ofprincipal),
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person whose name is subscribed to the within instrument and acknowledged 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.
WITNESS my hand and official seal.
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Construction, Maintenance and 4
Joint Use Agreement 2991-956198
11111111111NI I111111 11111111111111 11 69.4 .( 68 iBP
PROPERTY DESCRIPTION:
F.XHIRIT "1"
Property " A" (Property commonly known as
Parcel 4 tin Dune Palms Road. I Quinta.
California):
PARCEL 4 OF PARCEL MAP 211422, IN FHE CITY OF LA QUINTA, AS
SHOWN BY MAP ON FILE IN BOOK 190 PAGES 61 AND 62 01' MAPS,
RIiCORDS OF RIVERSIDE. COUNTY, CALIFORNIA
PROPFRTV DESCRIPTION: Property "B" (Property commonly known as
Parcel 3 on Dune Palms Road. La Quinta.
California):
PARCEL 3 OF PARCEL. MAP 28422, IN THE CITY OF LA QUINTA, AS
S1110'ArN BY MAI' ON FILE IN BOOK 190 PAG'ES 61 AND 62 OF MAPS,
RECORDS OF RIVERSIDE COUNT Y. CALIFORNIA
IIIIIII ill 1111 IN 111111111 I'�eel llllll1111111 1 w. nBe 1
es 16QAee1, frAMBIT..I"
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