2024 Hideaway Club Indemnity Agmt - Building on Top of Storm DrainRECORDING REQUESTED BY AND WHEN
RECORDED MAIL TO:
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
Attn: City Clerk
DOC # '2024-0124903
04/30/2024 10:57 AM Fees: $0.00
Page 1 of 8
Recorded in Official Records
County of Riverside
Peter Aldana
Assessor -County Clerk -Recorder
**This document was electronically submitted
to the County of Riverside for recording**
Receipted by: TERESA #134
('Space Above This Line for Recorder's Use)
EXEMPT FROM RECORDING FEE PER
GOV'T CODE §6103 AND §27383
INDEMNITY AGREEMENT
This indemnity agreement ("Indemnity Agreement") is entered into as of April 29, 2024
between The Hideaway Club, a California nonprofit corporation ("Hideaway"), and the City of La Quinta,
a California municipal corporation and charter city ("City").
A. Hideaway is the owner in fee of that certain real property more particularly described in
Exhibit "A" attached hereto and incorporate by reference (the "Property"). Hideaway intends to construct
on the Property a new building that will be constructed approximately 8 to 10 feet above a portion of an
existing storm drain (the "Storm Drain"). 'The storm drain and the location of the new building (referenced
as the "Building Addition") are depicted on Exhibit "B" attached hereto and incorporated herein by
reference. As a condition of approval of the plans for construction of the new building, City has required
that Hideaway ('and any successors -in -interest) indemnify City for any and all actual or potential claims
for damage, either current or in the future, to the Storm Drain and resultant damage from such damage to
the Storm Drain caused by the construction, operation, and use of the new building on the Property over
the Storm Drain.
B. Hideaway and City desire to enter into this Indemnity Agreement as more particularly
described herein.
NOW, THEREFORE, in consideration of the premises, the mutual covenants contained herein,
and other good and valuable consideration as noted below, sufficiency of which are hereby acknowledged,
the parties do hereby covenant, declare and agree as set forth below.
1. Indemnity. Hideaway shall indemnify, defend (with counsel selected by the City and
subject to Hideaway's reasonable approval), and hold harmless the City and its council members, officials,
officers and employees (together, "Indemnitees") from and against any and all actual or alleged losses,
liabilities, suits., actions, claims, causes of action, allegations, costs, expenses, demands, damages and
judgments relating to damage or injury to the Storm Drain and any damage caused by such damage to the
Storm Drain to the Property, including damage to the new building, to Hideaway (including its successors-
DOC #2024-0124903 Page 2 of 8
in -interest to any interest in the Property), to any third party or other person or entity on the Property or in
the new building,, and any furniture, fixtures, or equipment located in the new building (collectively
"Claims"), arising from the design or construction of the new building or other improvements above the
Storm Drain, and the City's approval thereof (generally referred to as "Property Owner's Indemnification
Obligation"). The Property Owner's Indemnification Obligation includes, but is not limited to, sums paid
or liability incurred in settlement of and expenses paid or incurred in connection with any administrative
and/or judicial claims, suits or judgments under any litigation and/or arbitration expenses and/or awards
paid or incurred in attempting to settle litigation or in recovering or in attempting to recover losses or
expenses paid or incurred thereby, including but not limited to incidental and consequential damages,
court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred
in connection therewith and costs of investigation. The Property Owner's Indemnity Obligation shall not
apply to the extent that a Claim arises out ofthe active negligence or willful misconduct of an Indemnitee or a
third party not under contract with Hideaway.
2. Release of Claims a ag inst City. In consideration for the agreements as set forth herein,
Hideaway, on behalf of itself and its heirs, successors, assigns, insurers, lenders, lien holders, attorneys,
agents, and other representatives does hereby release the Indemnitees from any and all claims, actions and
causes of action, obligations, liabilities, indebtedness, breaches of duty, claims for injunctive and other
equitable relief, suits, liens, losses, costs or expenses, including attorney's fees, of any nature whatsoever,
known or unknown, fixed or contingent, including but not limited to inverse condemnation, alleged to be,
arising out of, based upon, or relating to any and all of the claims covered under the Property Owner's
Indemnification Obligation, including but: not limited to any flooding, on- or off-site flows and/or water
damage to any improvements (including but not limited to the new building) on the Property caused by
damage to the Storm Drain as described in this Indemnification Agreement (the "Release"). fly releasing
and forever discharging claims both known and unknown as above provided, Hideaway expressly waives
any rights under California Civil Code section 1542, which provides:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO
EXIST IN HIS OR HER, FAVOR AT THE TIME OF EXECUTING
THE RELEASE WHICH IF KNOWN BY HIM OR HER MUST
HAVE MATERIALLY .AFFECTED HIS OR HER SETTLEMENT
WITH THE DEBTOR."
Hideaway, for itself and for any and all successors -in -interest, expressly accept 100% of any risk of loss
and thereby waive and relinquish any rights and benefits that they Izave or may have under section 1542
of the Civil Code of the State of California.
3. Recording and Covenants Run with the Land. This Indemnification Agreement shall be
recorded against the Property in the Official Records of the County of Riverside. The covenants set forth
herein shall run with the land, and the burdens thereof shall be binding upon each and every part of the
Property and upon Hideaway, its administrators, executors, assigns, heirs, and any other successors in
interests, including any homeowners association, in ownership (or any interest therein), for the benefit of
the City and any, and all City -owned real property and City's storm drains and each and every part thereof
and said covenants shall inure to the benefit of and be enforceable by the City, its successors and assigns
in ownership of each and every part of the streets and storm drains.
OA
DOC #2024-0124903 Page 3 of 8
4. Entire Agreement. This Indemnity Agreement constitutes the entire agreement between the
parties hereto pertaining to the subject matter hereof, and all prior and contemporaneous agreements,
representations and understandings of the parties hereto, oral or written, are hereby superseded and merged
herein. No supplement, modification or amendment of this Indemnity Agreement shall be binding unless
in writing and executed by the parties hereto.
5. Governing Law. This Indemnity Agreement shall be construed in accordance with, and
governed by, the laws of the State of California, without regard to conflict of law principles.
6. Counterparts. This Indemnity Agreement may be executed in any number of counterparts,
each of which shall be an original and all of which shall constitute one and the same instrument.
7. Successors and Assigns. Each and all of the covenants and conditions of this Indemnity
Agreement shall inure to the benefit of and shall be binding upon the successors in interest of Hideaway.
Date: April 29, 2024 Hideaway Club, a California non-profit corporation
By: Z4,
Thor Darnerval, General Manager
Date: April 29, 2024 CITY OF LA QUINTA
By: w _
Jon ellen, City Manager
ATTEST:
Monika Radeva, City CIA
APPROVED AS TO FORM
oe
William H. Ihrke, City Attorney
3
DOC #2024-0124903 Page 4 of 8
Exhibit "A"
Legal Description and APN of the Property
All that real property located in the State of California, County of Riverside, City of La Quinta,
described as Lots 30 and lettered lots E,F, H and J, Tract Map No. 32453, in the City of La Quinta, County
of Riverside, State of California, as shown by map on file in Book 372, Pages 10 through 18 of Maps, in
the office of the County Recorder of said County.
APN: 777-070-043
E
DOC #2024-0124903 Page 5 of 8
Exhibit "B"
Site Depiction of Storm Drain and New Building on the Property
[attached]
w
4-
0
co
m
0)
fu
0-
M
O
O
N_
O
N
O
H
H
I i
i I
PROP$LUBHOUSE
PVC DRAIN PIPE
PER PRECISE
GRADG PLAN (TYP.)
I
i
4 PROPOSED CLUBHOUSE
30
V
v
N
-EXISTING
STORM DRAIN
(BLUE)
+ cvl 1
PROP., PVC DRAIN PIPE
PERHOUSE PRECISE
GRADI G PLAN (TYP.)
I
I
PROPOSED CLUBHOUSE
30
EXISTING
STORM DRAIN
(BLUE)
DOC #2024-0124903 Page 7 of 8
NOTARY ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the
identity of the individual who, signed the document, to which this certificate
is attached, and not the truthfulness, accuracy, or validity of that
document.
State of California
County of Riverside
On Aril 29, 2024 before me, MONIKA RADEVA, Notary Public, personally
appeared THOR DAMERVAL who proved to me on the basis of satisfactory
evidence to be the persons} whose nameW is/are subscribed to the within
instrument, and acknowledged to me that he/she4hey executed the same in
his/her -/their authorized capacit,kie , and that by histher/their signature(O on the
instrument the personks, or the entity upon behalf of which the persons} 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. i '
W5, E4 ,,,oN„�RADA
r„
, Notary Public - Callfornia
Riverside County
Commission N 13:14260
Signature:
Comm. Expires Oct 22. 2024 ~
(notary seal)
DOCUMENT:
Indemnity Agreement between Hideaway Club, a California non-profit corporation
and the City of La Quinta for construction of a new building over a portion of an
existing storm drain; APN: 777-070-043; Tract Map No. 32453
DOC #2024-0124903 Page 8 of 8
NOTARY ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document, to which this certificate
is attached, and not the truthfulness, accuracy, or validity of that
document.
State of California
County of Riverside
On April 29, 2024 before me, MONIKA RADEVA, Notary Public, personally
appeared JON McMILLEN (as City Manager for the City of La Quinta) who
proved to me on the basis of satisfactory evidence to be the person(O whose
nameko is/,are subscribed to the within instrument, and acknowledged to me that
he/she/tliey executed the same in his/he4the4 authorized capacity{ and that
by his/her/their signature{o on the instrument the personks)= 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.
�V
Signature: i4
DOCUMENT:
_ MO_ N� ✓V
Notary Public • California
*my
Riverside County
Commission 8 2334260
Comm. Expires Oct 22, 2024 Y
(notary seal)
Indemnity Agreement between Hideaway Club, a California non-profit corporation
and the City of La Quinta for construction of a new building over a portion of an
existing storm drain; APN: 777-070-043; Tract Map No. 32453