CVWD - SilverRock Water 05No 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
File: 0421.2
072.1.2 )r,
0655.
0322.12
O OC N 2 0 0 5— 0 05 ZO e Z
10/14/2005 08:00A Fee:NC
Page 1 of 69
Recorded in Official Records
County of Riverside
Larry W. Ward
Assessor, County Clerk & Recorder
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DOMESTIC WATER AND SANITATION SYSTEM
INSTALLATION AND IRRIGATION SERVICE
AGREEMENT
THIS AGREEMENT is made on this 11 th day of June , 2005) for
identification purposes only, by and between the COACHELLA VALLEY WATER DISTRICT,
a public agency of the State of California, ("District") and LA QUINTA REDEVELOPMENT
AGENCY, a public agency of the State of California, ('La Quinta").
RECITALS
WHEREAS, La Quinta is developing a project named Silver Rock Resort ("Project")
generally consisting of two (2) 18-hole golf courses, up to a total of 1250 combined hotel and
casita/timeshare units, a clubhouse, a conference center, a commercial/retail center and a
maintenance facility located on approximately five hundred twenty-three (523) acres within
Sections 5, 6 and 8, Township 6 South, Range 7 East, San Bernardino Base and Meridian, in the
City of La Quinta and described in Exhibit A and Exhibit B attached hereto and by this reference
incorporated herein; and 060705-3-005
060705-4-XXX
060706-4-XXX
060708-1-XXX
C0:1es\eng\agrmnts\06\La Quinta Redev
0 1 1!
WHEREAS, the Project will require domestic water distribution and sanitation collection
systems and domestic water and sanitation service to each of the Units; and
WHEREAS, the Project has fire flow requirements of one thousand five hundred (1,500)
gallons per minute (gpm) for two (2) hours and four thousand (4,000) gpm for two (2) hours,
respectively, which are in excess of that available from District's existing system; and
WHEREAS, La Quinta is desirous of having District provide domestic water and
sanitation service to the Project and is willing to transfer to District the domestic water and
sanitation distribution systems necessary, therefore, after the construction thereof and District is
willing to accept such transfer and to provide domestic water and sanitation service to the Project
on the terms and conditions set forth herein; and
WHEREAS, the Project will also include two 18-hole golf courses with water features
and amenities and will require irrigation water service to serve the golf courses. Except as
otherwise set forth herein, the term "irrigation water" is intended to refer to canal water; and
WHEREAS, La Quinta will require modifications of the existing irrigation water
distribution/delivery system which includes the modification of two (2) delivery systems
consisting of a twelve -inch (12") line, meters, gate valves, telemetry and all related
appurtenances.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. La Quinta shall do the following for domestic water, service:
a. If necessary, as determined by City and District, execute District's
Domestic Water and/or Sanitation System Installation Agreement (the "Standard
Agreement") for each tract within the Project in such form and content as set forth in
Exhibit C attached hereto and by this reference incorporated herein, as amended by
eng\agrmnts\05\La Quinta Redev 2
1 k d
District from time to time. In the event of any inconsistency or ambiguity between the
terms of the Standard Agreement and this Agreement, the terms of this Agreement shall
control.
b. La Quinta shall act as lead agency for the purpose of complying with
CEQA and all other applicable state and federal environmental laws for the design and
construction of the domestic water facilities and/or sites designated herein. As a part of
its obligations to fund the CEQA process, La Quinta 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.
C. La Quinta, at its cost and expense, shall provide to District grant deeds for
six (6) domestic water well sites and one (1) booster station/pressure reducing site
("BS/PR Site"), at such locations approved by District, in District's sole and absolute
discretion. Said domestic water well sites and BS/PR Site shall be approximately one
hundred fifty feet (150') by one hundred fifty feet (150') in dimension. La Quinta shall
ensure that the well sites and .site are free and clear of all monetary liens and
encumbrances and that the transfers to District shall comply with the California
Subdivision Map Act. The BS/PR Site is in lieu of a seventh well site.
d. Pay to District the actual cost of the design and construction of two (2)
domestic water wells and pumping plants complete with all necessary appurtenances
including backup, on -site generators. The wells and pumping plants may be constructed
on any of the above -mentioned well sites provided by La Quinta as determined by District
in its sole and absolute discretion. The District shall invoice La Quinta on a monthly
basis or at La Quinta's option La Quinta may provide an irrevocable letter of credit
acceptable to District or La Quinta may provide cash in the amount of eight hundred fifty
eng\agnnnts\05\La Quinta Redev 3
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thousand dollars ($850,000.00) per well to be used by District to pay the cost of two (2)
of the wells and pumping plants with on -site, backup generators complete with all
necessary appurtenances before water service is initiated to the Units within the Project in
accordance with the schedule in Appendix A. District reserves the right to review and
modify the irrevocable letter of credit or cash amount to pay for the wells and pumping
plants due to increased construction costs. La Quinta shall pay to District any additional
cost within thirty (30) days of being billed should the cost of design and construction of
the well and pumping plants exceed the advance payment referenced herein.
In lieu of La Quinta providing an irrevocable letter of credit or cash deposit in the
amount mentioned above to be used by District to pay for the cost of the domestic water
wells and well pumping plants, La Quinta, at District's option, may construct one (1)
and/or two (2) domestic water wells at the well sites described in Subparagraph l.c. and
furnish and install the pump and motor in accordance with District specifications. All
well, pump and motor materials and appurtenances shall be approved by District. The
well, drilling, soil and water sampling, constructing, developing and testing shall be done
under the direction of a District approved hydrogeologist. All directions given by the
hydrogeologist shall be subject to District approval.
In conjunction with this option, La Quinta shall provide an irrevocable letter of
credit acceptable to District or cash in the amount of eight hundred fifty thousand dollars
($850,000.00) less the bid amounts for the well drilling, pump and motor contracts to be
used by District to pay for the cost of the well pumping plant facilities and appurtenances
including backup generator power supply. La Quinta shall submit the contract documents
for the well, pump and motor to District for review and approval prior to presenting them
to contractors for bidding purposes.
eng\agr=ts\05\La Quinta Redev 4
Before the domestic water wells are transferred to District, La Quinta shall
have the domestic water wells tested for water quality, water production, specific yield
and sand content. Well shall comply with all District, state and federal water and well
requirements.
If the above water well requirements are not met, La Quints will not be
relieved of its obligation to provide District with a well in accordance with the schedule
in Appendix A.
e. Provide, at La Quinta's sole cost and expense, separate grading and.
landscaping plans for the six (6) well sites and the BS/PR Site described in
Subparagraph 1.c. The provisions of Paragraph 4(a) shall apply to the review and
approval of the plans. After the grading and landscaping plans have been approved by
District, La Quinta shall grade and landscape the sites per the approved plans. The
provisions of Paragraph 4 shall apply to the grading and landscaping of the well sites and
the BS/PR Site.
f. Provide, at La Quinta's sole cost and expense, electrical power of a voltage
and wattage necessary for well operation to the six (6) well sites and the BS/PR Site
described in Subparagraph l.c.
g. Provide, at La Quinta's sole cost and expense, telephone service necessary
for well communication operation to the six (6) well sites and BS/PR Site described in
Subparagraph l.c.
h. Design and construct, at La Quinta's sole cost and expense, (i) eight -foot
(S') high perimeter walls around the six (6) well sites and, (ii) BS/PR Site described in
Subparagraph l .c., and (iii) exterior landscaping. The design of the walls shall also
include consideration of noise attenuation to maintain exterior noise levels to an
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acceptable ambient level for residential development while the wells and reservoir are in
operation. The wall, landscaping and berm shall be of the type and include such material
as District shall determine, in District's sole and absolute discretion. The provisions of
Paragraph 4 shall apply to the design and construction of the walls, berm and landscaping.
i. Design and construct, at La Quinta's sole cost and expense, well site
drainage and well discharge water facilities from each of the six (6) well sites and site
drainage and water discharge facilities from the BS/PR Site into local drainage facilities.
La Quinta shall include drainage and well and BS/PR Site discharge water facilities
designs for District approval on the grading plans described in Subparagraph 1.h.
j. Design and construct, at La Quinta's sole cost and expense, a minimum of
a twelve -inch (12") diameter domestic water pipeline, if one is not adjacent to each of the
six (6) domestic water well sites, from an existing twelve -inch (12") diameter or larger
domestic water pipeline and provide a twelve-inch.(12") diameter or larger domestic
water pipeline and provide a twelve -inch (12") stub -out to each of the six (6) well sites
described in Subparagraph l.c.
k. Design and construct, at La Quinta's sole cost and expense, a minimum of
two (2) eighteen -inch (18") diameter domestic water pipelines, if not already adjacent to
the BS/PR Site, from existing eighteen -inch (18") pipelines and "stub -out" into the
BS/PRS site. One eighteen -inch (18") pipeline shall be connected to the District's
Cahuilla Pressure Zone (150-foot Pressure Zone) and the second shall be connected to the
District's Lower La Quinta Zone (235-foot Pressure Zone).
1. Design and construct, at La Quinta's sole cost and expense, a building or
buildings at La Quinta's option to house any or all of the two (2) wells and appurtenances
described in Subparagraph l .d. The design shall include a removable/retractable roof,
eng\agr=ts\05\L,a Quinta Redev 6
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ventilation and soundproofing. The provisions of Paragraph 4 shall apply to the design
and construction of the buildings.
In. Pay or cause a third party to pay or provide for the operation and
maintenance, including malicious damage and graffiti, of the landscaping, walls, gates
and drainage facilities for the six (6) well sites and BS/PR Site described in
Subparagraphs Le. and l.d. Maintenance of the landscaping and drainage facilities for
the six (6) well sites and the BS/PR Site shall be in accordance with the requirements of
District, as they may be amended from time to time.
La Quinta shall be responsible for installing and establishing the initial
landscaping at the BS/PR Site and maintaining the landscaping for one (1) year after the
landscaping is planted.
n. Design and construct, at La Quinta's sole cost and expense, to District
specifications, the following pipelines before water service is initiated by District to the
Units within the Project in accordance with the Schedule on Appendix A. The provisions
of Paragraph 4 shall apply to the design and construction of the pipelines described
herein.
(i) An eighteen -inch (18") diameter domestic water pipeline for the
235-foot Pressure Zone along Avenue 52 service road, which connects to the
existing eighteen -inch (18") diameter stub at intersection of service road and
Avenue 52 and extends southeast approximately two thousand feet (2,000) to the
interim clubhouse.
(ii) An eighteen -inch (1811) diameter domestic water pipeline for the
150-foot Pressure Zone along Avenue 54, which connects to an existing
eighteen -inch (18") diameter pipeline located 400 feet west of Jefferson Street and
eng\agr=ts\05\I.a Quinta Redev
extends approximately 1,900 feet west to the golf course maintenance facility.
(iii) An eighteen -inch (18") diameter domestic water pipeline for the
150-foot Pressure Zone along the Avenue 54 entrance road which connects to the
eighteen -inch (18") diameter pipeline referenced in Subparagraph I n.(ii) and
extends to BS/PR Site described in Paragraph l.c.
(iv) A eighteen -inch (18") diameter domestic water pipeline for the
235-foot Pressure Zone along Avenue 52 which connects to the eighteen -inch
(18") diameter domestic water pipeline described in Subparagraph Ln. (i) at its
southeasterly terminus (near interim clubhouse) and extends southeasterly past
proposed clubhouse and across canal and then southerly to BS/PR Site described
in :Paragraph l.c.
(v) An eighteen -inch (1811) diameter domestic water pipeline for the
235-foot Pressure Zone along Avenue 53 entrance road, which connects to the
eighteen -inch (18") domestic water pipeline described in Subparagraph l .n.(iv)
and extends east to the existing eighteen -inch (18") stub on Jefferson Street and
Avenue 53.
o. Design and construct, at La Quinta's sole cost and expense, to District
specifications, the internal domestic water pipelines to meet the Project's fire flow and
domestic water requirements in accordance with the approved domestic water system
model. The provisions of Paragraph 4 shall apply to the design and construction of the
internal domestic water pipelines.
P. La Quinta shall install a pressure regulating valve on each nonirrigation
service within the boundaries of the Project.
q. Complete in the required sequence, in accordance with the schedule in
eng\agrmnts\05\L,a Quinta Redev 8
Appendix A, the six (6) well sites, payment for the two (2) well and pumping plants, a
BS/PR Site and each pipeline described in Subparagraphs l .c., Ld. and Ln., respectively,
before domestic water service is initiated by District to the referenced Units in
Appendix A within the Project.
r. Immediately upon completion of the six (6) well sites and BS/PR Site
described in Subparagraph l .c., La Quinta shall field review with a District representative
the remaining visual and aesthetic impacts and agree to mitigate with, but not limited to,
landscaping, walls, paint and/or decorative rock to District's satisfaction. Designs shall
be reviewed and approved by District prior to construction.
2. La Quints shall do the following for sanitation service:
a. If necessary, as determined by City and District, execute District's
Domestic Water and/or Sanitation System Installation Agreement (the "Installation
Agreement") for each.tract within the Project in such form and content asset forth in
Exhibit C attached hereto and by this reference incorporated herein, as amended by
District from time to time. In the event of any inconsistency or ambiguity between the
terms of the Installation Agreement and this Agreement, the terms of this Agreement
shall control.
b. La Quinta shall act as lead agency for the purpose of complying with
CEQA and all other applicable state and federal environmental laws for the design and
construction of the sanitation facilities and/or sites designated herein. As a part of its
obligations to fund the CEQA process, La Quinta 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.
eng\agrmnts\05\La Quinta Redev 9
I , A
C. Design and construct, at La Quinta's sole cost and expense, to District
specifications, a fifteen -inch (15") diameter gravity sewer pipeline along Avenue 54 from
the existing fifteen -inch (15") diameter gravity sewer pipeline located approximately
four hundred feet (400') west of Jefferson Street to the golf course maintenance facility.
The provisions of Paragraph 4 shall apply to the design and construction of the gravity
sewer line.
d. Design and construct, at La Quinta's cost and expense, to District
specifications, a minimum of twenty-four inch (24") diameter gravity sewer pipeline from
an existing twenty-four inch (24") diameter gravity sewer pipeline located on Avenue 52,
approximately 1,800 feet west of Jefferson Street, south within Project to the Coachella
Branch of the All American Canal. The provisions of Paragraph 4 shall apply to the
design of the gravity pipeline.
e. Design and construct, at La Quinta's cost and expense, to District
specifications, a minimum of a twenty-seven inch (27") diameter gravity sewer pipeline
from the twenty-four inch (24") diameter gravity sewer pipeline described in
Subparagraph 2.d., at the canal and extend across the canal and south to the Avenue 53
entrance road and then west to the existing twenty-four inch (24") diameter gravity sewer
main located on Jefferson Street at Avenue 53. The provisions of Paragraph 4 shall apply
to the design and construction of the gravity sewer main. This gravity sewer pipeline
shall be completed prior to District providing sanitation service to the clubhouse and the
mixed use area -located northwest of the Project.
f. After completion of the gravity sewer piplines described in
Subparagraphs 2.d. and 2.e., abandon, at La Quinta's sole cost and expense, the remaining
surface appurtenances (after District has removed the reusable items) at the sewer lift
eng\agrmnts\05\I.a Quinta Redev 10
I
station located on Avenue 52, approximately 1,800 feet west of Jefferson Street and
abandon in place the existing fourteen -inch (14") sewer force main along Avenue 52 from
sewer lift station to Jefferson Street. The provisions of Paragraph 4 shall apply to the
abandonment of the sewer lift station and the sewer force main.
g. Design and construct, at La Quin&s sole cost and expense, the internal
sanitary sewer system to meet the Project's discharge requirements. The provisions of
Paragraph 4 shall apply to the design and construction of the internal sanitary sewer
system.
3. La Quinta shall do the following for irrigation water service:
a. Execute District's Well Metering Agreement ("Metering Agreement")
with District substantially in the form of the La Quinta Irrigation Well Metering
Agreement, as set forth in Exhibit D, entered into simultaneously with this La Quinta
Metering Agreement for each irrigation well within or supplying water to Project. In the
event of any inconsistency or ambiguity between the terms of the Metering Agreement
and this Agreement, the terms of this Agreement shall control.
b. La Quinta shall act as lead agency for the purpose of complying with
CEQA and all other applicable state and federal environmental laws for the design and
construction of the domestic water facilities and/or sites designated herein. As a part of
its obligations to fund the CEQA process, La Quinta 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.
C. La Quinta acknowledges and agrees that the irrigation water service
provided by District is interruptible in nature and La Quinta will maintain an alternate
water supply capable of meeting peak summer demands in "ready" status. If for any
eng\agrnmts\05\La Quinta Redev 11
reason District does not or is not able to deliver irrigation water to La Quinta, La Quinta
hereby waives any claim, loss, damage or action it may have against District including,
but not limited to, damages, loss of business, loss of profit or inconvenience (collectively
"Claims"), and La Quinta shall hold District free and harmless from any and all legal
liabilities or economic losses incurred by La Quinta or any other person or entity acting
through La Quinta arising from District's failure to delivery irrigation water to La Quinta,
excluding therefrom any claims incurred by La Quinta arising from District's, its
officers', employees' or agents' gross negligence or willful misconduct in failing to
deliver irrigation water to La Quinta, which result in the failure to deliver irrigation water.
d. District shall have the right, but not the obligation, to conduct a water
audit of the Project once every five (5) years beginning with the execution of this
Agreement to determine if La Quinta is in compliance with the Water Management Plan.
District shall give La Quinta thirty (30) days prior written notice of each audit and an
invitation to participate. All costs incurred by District in connection with the audit,
including labor costs, shall be at La Quinta's expense. District shall invoice La Quinta for
the costs incurred herein. La Quints shall make payment to District within thirty (30) days
of receipt of the billing therefore from District.
As a condition of continued water service, the recommendations, if any,
resulting from the water audit necessary to bring La Quinta into compliance with the
Water Management Plan, must be implemented unless District's General Manager -Chief
Engineer, in his discretion, determines otherwise. La Quinta hereby agrees to undertake
the recommendations set forth in the water audit within thirty (30) days of receipt of the
audit and shall diligently and continuously complete the recommendations unless
La Quinta within thirty (30) days of the receipt thereof, requests, in writing, to be relieved
eng\ag=nts\05\L.a Quinta Redev 12
from the obligation to undertake one or more of the recommendations set forth in the
water audit. Within a reasonable time after receipt of the notice from La Quinta, the
General Manager -Chief Engineer of District will notify La Quinta, in writing, if La
Quinta shall be relieved from the obligations to undertake the recommendations. In the
event District's General Manager —Chief Engineer determines that one or more of the
recommendations must be undertaken, La Quinta shall begin within thirty (30) days of
receipt of District notice and complete the recommendations within the time frame set in
the notice from District's General Manager —Chief Engineer.
e. Pro rata stipulation. It is mutually understood and recognized that
La Quinta will be allowed to distribute irrigation water service throughout Project;
however, only the pro rats amount of irrigation water will be used by La Quinta on the
number of irrigated acres that lie within Improvement District No. 1 (ID No. 1) and the
average plant consumption rate for the turf grown. In addition, canal water shall not
exceed ninety-seven (97) percent of the Project's total water usage. The remaining
amount of water service required for the portion of La Quinta that lies outside of ID No. 1
will be supplied by well water.
f. Outside of improvement district stipulation. To ensure that irrigation
water service supplied by District is not being used outside ID No. 1, La Quinta shall
execute a separate Well Metering Agreement with District in the form provided by
District for each groundwater well supplying La Quinta with well water. The Well
Metering Agreement does not include the conveyance of said metering devices to
District.
g. La Quinta shall employ, at its sole cost and expense, a qualified
professional engineer to plan, design and prepare detailed construction plans and
eng\ag =ts\05\Ia Quinta Redev 13
specifications in accordance with District design criteria and standards for the irrigation
works (Works) to the Project. All planning, design work and plans for said Works shall
be subject to review and approval by District prior to the beginning of any construction of
the Works.
The entire cost of the design plans and construction of the irrigation and
telemetry works shall be paid by La Quinta which includes the following improvements:
(i) Abandon Lateral 120.8-0.3 Rt along Avenue 52 between Adams
Street 0.5 (one-half [1/2] mile east of Adams Street) and Jefferson Street.
(ii) Abandon Lateral 120.8-0.3-0.5 Rt along Jefferson Street between
Avenue 52 and Avenue 52.5 (one-fourth [1/4) mile south of Avenue 52).
(iii) Abandon Lateral 120.6 along Adams Street 0.75 (three-quarter
[3/4] mile east of Adams Street) between Avenue 52.25 (one-fourth [1/4] mile
south of Avenue 52) and Avenue 53.
(iv) Abandon Lateral 121.3 along Avenue 53.5 (one-fourth [1/4] mile
south of Avenue 53) between Adams Street 0.50 (one-half [1/2] mile east of
Adams Street) and Adams Street 0.75 (three -fourth [3/4] mile east of Adams
Street).
(v) Abandon Lateral 120.8A (16-inch) along Adams Street 0.50
(one-half [1/2] mile east of Adams Street) between Avenue 52 and Avenue 52.25
(one-fourth [1/4] mile south of Avenue 52).
(vi) Abandon existing vertical 10-inch concrete diameter Delivery
Point No. 1602, located at Adams Street 0.75 (three-quarter [3/4] mile east of
Adams Street) and Avenue 52.25 (one-fourth [ 1/4] mile south of Avenue 52).
(vii) Replace existing 54-inch diameter concrete pipe with 30-inch
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diameter CL 165 DR 25 C-905 PVC pipe for Lateral 120.8 located along Adams
Street 0.50 (one-half [1/2] mile east of Adams Street) between Avenue 52 and
Avenue 52.25 (one-fourth [ 1 /4] mile south of Avenue 52) if La Quinta is not able
to design around the existing irrigation lateral. If La Quinta is able to design
around the existing 54-inch diameter concrete irrigation lateral, then La Quinta
shall protect the irrigation lateral in place and shall maintain a minimum of 4 feet
of cover over the irrigation lateral and shall maintain the width of the existing
easement for the irrigation lateral. La Quinta shall provide an exhibit showing
actual elevations of top of pipe every 50 feet for the irrigation lateral and show
any other utilities and surface improvements that will be installed within the
existing irrigation lateral easement.
(viii) Modify existing vertical 10-inch concrete diameter Delivery Point
No. 1601, located at Adams Street 0.50 (one-half [ 1 /2] mile east of Adams Street)
and Avenue 53.5 (one-fourth [ 1 /4] mile south of Avenue 53) with a 12-inch
diameter line meter, gate valves, and extend an 18-inch C905 CL 165 DR 25 PVC
pipe and all related appurtenances per District standard to the new meter.
(ix) Modify existing L-4 Pump Station Wet Well, located at Adams
Street 0.50 (one-half [1/2] mile east of Adams Street) and Avenue 52.25
one-fourth [1/4] mile south of Avenue 52) and extending an 18-inch diameter
ductile iron pipe and 12-inch line meter, gate valves and all related appurtenances
per District standards.
(x) Upgrade existing L-4 electrical panel to accommodate increased
loading.
eng\agn=ts\05\I.a Quinta Redev 15
(xi) In addition to modifying the existing meters, La Quinta agrees to
pay all costs for District forces to furnish and install telemetry equipment at said
delivery point 1601, if needed, for the purpose of conveying canal water to
La Quinta. La Quinta shall pay the entire cost of the plans and construction to
extend irrigation water service to the property. The estimated cost for District
forces to install the telemetry equipment is thirty-five thousand dollars ($35,000)
per delivery point. This cost is District's best estimate of the cost including
indirect costs and overhead of the proposed work. However, La Quinta will be
responsible for payment of the actual cost of the work. If the cost exceeds the
deposit, La Quinta will be billed and if it is less than the deposit, the balance will
be refunded to La Quinta
h. Before the release of any construction plans, La Quinta shall, at its sole
cost and expense, provide Bureau of Reclamation with a ten (10) foot wide easement for
the new delivery point, as outlined in Subparagraph 3.g.viii.
i. Before the release of any construction plans, La Quinta shall at its sole cost
and expense vacate the existing easement for the portion of the existing irrigation laterals
that will be abandoned as described in Subparagraphs 3.g., i, ii, iii, iv, v and vi. In
addition, La Quinta shall provide District with the required documentation for
abandoning easements. Said abandoned easements shall be in recordable form and shall
be executed by or on behalf of La Quinta.
j. La Quinta agrees that no improvements may be constructed within the
Bureau of Reclamation easements without written consent by District. This includes, but
is not limited to, street, curb, gutter, sidewalk, landscaping, buildings, walls and other
permanent structures.
eng\ag=ts\05\L.a Quinta Redev 16
k. La Quinta hereby acknowledges and agrees that any portion of the delivery
system to District's metered delivery points, installed by or on behalf of District on the
Project, is the property of District, notwithstanding the funds necessary to construct the
delivery system that came from La Quinta. La Quinta shall, upon receipt of a notice,
execute any further instruments as may be necessary to indicate District's ownership of
the delivery system to District metered delivery points installed by or on behalf of
District. This includes, but is not limited to, receipt of declarations by La Quinta or
La Quinta's Contractor who furnished materials in the construction of the delivery system,
showing payment in full and, prior to the release of the construction plans, La Quinta
shall deliver to District a Bill of Sale which conveys title of the delivery system to
District's metered delivery points to District.
1. District shall not be liable for the replacement of surface improvements,
which District may be required to remove in the future to gain access to the delivery
system. La Quinta waives the right to claim, loss, damage or action against District
arising out of or resulting from the removal or destruction of surface improvements or any
action of District, its rights hereunder and La Quinta hereby agrees to indemnify and hold
harmless District against and pay in full all loss, damage or expense that District may
sustain, incur, become liable for arising out of or in connection with the rights provided
for hereunder.
M. Upon acceptance of the delivery system by District as hereafter described,
the Project shall be placed on the water availability roll.
n. La Quinta acknowledges that the Project must be irrigated by a method
that does not permit unreasonable use or waste of water. Only sprinkler or drip irrigation
will be permitted, except for lake filling purposes.
eng\agrmnts\05\L,a Quinta Redev 17
o. La Quinta shall provide groundwater protection from nitrates and
pesticides leaching into the groundwater by employing the use of Best Management
Practices (BMPs) as established by the University of California Turf Grass Research,
which are attached hereto on Exhibit E and by this reference incorporated herein. District
reserves the right to substitute or modify the attached Exhibit "E" within sixty (60) days
prior written notice to La Quinta. An evaluation of the Project's BMPs may occur during
the water audit. All costs of the evaluation shall be at the expense of the La Quinta.
p. In the event of a shortage of available irrigation water, except as otherwise
required by law, regulation or court order, the following irrigation water uses shall have
priority to use irrigation water over the Project:
(i) Agricultural uses in existence as of the date of this Agreement.
(ii) Agricultural uses converted to nonagricultural uses prior to the date
of this Agreement.
(iii) Nonagricultural uses in existence prior to the date of this
Agreement. During such periods of shortage, irrigation water for the Project may
be supplied by non -District -owned wells.
q. District shall bill La Quinta monthly for the delivery of Irrigation Water to
La Quinta. The irrigation water statement shall include (1) the irrigation water delivery
dates, (2) water tolls and charges, (3) the amount of irrigation water consumed in
acre-feet and (4) the amount to be paid by La Quinta.
r. Prior to releasing the construction plans to receive irrigation water service,
La Quinta shall, at its own cost and expense, apply for and obtain all necessary consents,
easements, approvals, permits, authority, licenses or entitlements ("Permits") from all
appropriate governmental authorities including, but not limited to the Bureau of
eng\agnnnts\05\La Quinta Redev 18
Reclamation, required to allow District to deliver irrigation water to the Project,
including, but not limited to, the construction of the delivery system. District shall have
no obligation to provide irrigation water service to the Project until District receives the
easements and necessary authorizations issued by said governmental authorities.
La Quinta shall comply with and conform to all laws and regulations, including, but not
limited to, any and all requirements and orders of all federal, state and local boards or
authorities, present and future, in any way relating to the use of irrigation water, and
La Quinta shall hold District free and harmless from any loss, damage or liability arising
therefrom or in connection therewith.
S. La Quinta hereby grants to District, its officers, employees and agents, a
nonexclusive easement for vehicular (excluding vehicles with a gross laden weight of
more than six thousand [6,0001 pounds) and pedestrian ingress and egress to gain access
to the District's irrigation facilities, equipment and appurtenances for the purpose of
performing the activities set forth in this Agreement over those portions of the Project
described within Exhibit "F" and depicted within Exhibit "G" hereto (the "Access
Easement Area"). District agrees to use and cause its officers, employees and agents to
use the Access Easement Area in such a manner as to not unreasonably disrupt golf play
on the Project. In addition, District agrees to indemnify, defend and hold harmless
La Quinta from any cost incurred or suffered by La Quinta as a result of damage or injury
to persons or property as a result of District, its officers, employees and/or agents
exercising its nonexclusive right of ingress and egress described herein, excluding
therefrom any Claims incurred by District arising from La Quinta's, its officers',
employees' or agents' gross negligence or willful misconduct.
eng\agrmnts\05U..a Quinta Redev 19
t. Upon receipt of notice of completion of construction of the delivery
system, which District shall inspect during construction; any variation from District's
standards shall be called to La Quinta's attention and shall be remedied by La Quinta in
accordance with District's requirements. When the delivery system meets District
standards, District shall accept the delivery system for purposes of ownership, operation
and maintenance, provided, however, that charges for the cost of operating, maintaining,
repairing and replacing the delivery system may, in the future, be added to charges for .
water service to the Project, as part of a District -wide policy. The Bill of Sale for the
delivery system shall be provided to District prior to the release of the final construction
notice for the delivery system.
4. The following shall apply to the design and construction of the domestic water,
sanitation and irrigation facilities:
a. For each improvement or facility (including landscaping) La Quinta is
required to design the following provisions shall apply:
(i) La Quinta shall employ, at its sole expense, a qualified professional
engineering firm ("La Quinta's Engineer") to plan, design and prepare detailed
construction plans and specifications for the improvement in full and complete
accordance with District's design criteria and standards. La Quinta's Engineer
shall complete the design and detailed construction plans and specifications and
the same shall be submitted to District as set forth below. All such planning and
design work and detailed construction plans and specifications performed and
prepared by La Quinta's Engineer shall be subject to review and written approval
by District prior to the beginning of any construction of the specific improvement.
District shall approve or disapprove the construction plans and specifications
eng\agmmts\05\L.a Quinta Redev 20
within a reasonable amount of time after submittal to District. In the event
District disapproves the plans and specifications, La Quinta shall modify the plans
and specifications in accordance with the reasons given for disapproval and shall
within thirty (30) days after disapproval by District submit the revised
construction plans and specifications to District for approval or disapproval. The
foregoing procedure shall be continued until the construction plans and
specifications have been approved by District. LA QUINTA HEREBY
ACKNOWLEDGES AND UNDERSTANDS THAT DISTRICT MAY
APPROVE OR DISAPPROVE OF DEVELOPER'S PLANNING AND
DESIGN WORK AND/OR PLANS AND SPECIFICATIONS, IN ITS SOLE
AND ABSOLUTE DISCRETION. All cost and expense of District's review
(including, but not limited to, District's agents, employees and independent
contractors) shall be deducted from the Deposit (as defined in
Subparagraph b.(ii)(x) below). La Quinta represents that the plans and
specifications will conform to all applicable federal, state and local governmental
rules, ordinances and regulations and all applicable environmental protection
laws. La Quinta's submission of the plans and specifications to District shall
evidence La Quinta's representation and warranty to District that the plans and
specifications are to the best of La Quinta's knowledge, after due inquiry,
complete, accurate, workable and are in compliance with all governmental
requirements with respect thereto.
b. For each facility, La Quinta is to construct and/or install, the following
provisions apply:
(i) Following receipt of District's approval of the design and
eng\agr=ts\05\La Quinta Redev 21
construction plans and specifications for each improvement:
A. La Quinta shall employ, with written concurrence of
District, a qualified and properly licensed contractor or contractors
(hereinafter referred to collectively as "La Quinta's contractor") to
construct and complete the improvement.
B. Once construction and/or installation of the improvement
has commenced, La Quinta 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.
C. La Quinta shall directly pay all costs associated with the
construction of the improvements, (and any of them), including but not
limited to, furnishing of materials, and La Quinta shall keep District free
and harmless from such costs.
D. Each improvement shall be installed in strict compliance
with the plans and specifications. Any deviations from the approved plans
and/or specifications must be approved by District, in writing, prior to
being made.
E. La Quinta hereby irrevocably appoints District to inspect
the furnishing and installation of the improvement. It is understood and
agreed that District's inspection personnel shall have the authority to
enforce the construction plans and specifications, which authority shall
include requiring that all unacceptable materials, workmanship and/or
installation be replaced, repaired or corrected by La Quinta's contractor.
All reasonable cost and expense of District's inspection (including, but not
eng\ag =ts\05\La Quinta Redev 22
limited to, District's agents, employees and independent contractors) shall
be deducted from the Deposit [as defined in Subparagraph C.(x) below].
District's inspection does not include inspection for compliance with safety
requirements by La Quinta's contractor. Any inspection completed by
District shall be for the sole use and benefit of District, and neither
La Quinta 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 improvement.
F. La Quinta's Engineer shall provide to District all field
engineering surveys associated with the construction of the improvement
at La Quinta's sole cost and expense. La Quinta shall promptly furnish to
District all field notes and grade sheets, together with all location, offset,
and attendant data and reports, resulting from La Quinta'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, and allow District sufficient time to approve or make any
required facility design changes resulting therefrom prior to construction.
Any inspection or review pursuant to this subparagraph shall be for the
sole use and benefit of District, and neither La Quinta nor any third party
shall be entitled to rely thereon for any purpose.
(il) Before the release of any construction plans, La Quinta, at its sole
cost and expense, shall furnish to District easement document(s), satisfactory to
District as to content, form, location and width, which have been duly executed by
the property owner(s) and which assure District's unequivocal right to own,
eng\agrmnts\05\La Quinta Redev 23
operate, maintain, replace, repair, enlarge, reconstruct, remove and improve the
improvement. La Quinta shall ensure that all deeds of trust and mortgages are
subordinated to the easements set forth in this subparagraph (b).
(iii) La Quinta's contractor shall be required to repair the improvement
which have been damaged by any party prior to District's final acceptanceof the
improvement (or any of them) covered hereby. The final acceptance shall follow
final inspection and testing of such improvement after completion of the
improvement at issue. La Quinta specifically agrees to make, or require
La Quinta's contractor to make, corrections and/or repairs prior to final acceptance
determined to be necessary by District inspection personnel, without cost to
District, and to provide a one-year (following date of final acceptance by District)
materials and workmanship guarantee providing that La Quinta or La Quinta's
contractor will repair, at its or their expense, all failures of any improvement
which was furnished, installed and/or constructed due to faulty materials or
installation, within said one-year period. In the event La Quinta or La Quinta's
contractor fails to cause satisfactory repair, as determined by District, within
forty-eight (48) hours after written notice or such longer period of time as District
may reasonably determine, District may cause such repairs to be completed at
La Quinta's cost and expense. Notwithstanding the above -provided -for forty-eight
(48) hour or other specified repair period, District shall have the unqualified right
to immediately make any emergency repairs necessary to eliminate any threat to
the public's health, safety or welfare, at La Quinta's cost and expense. Nothing in
this subparagraph shall limit or abrogate any other claims, demands or actions
District may have against La Quinta or La Quinta's contractor on account of
eng\agr=ts\05\I,a Quinta Redev 24
damages sustained by reason of such defects, nor shall the provisions of this
paragraph limit, abrogate or affect any warranties in favor of District which are
implied by law or set forth in any construction agreement.
(iv) La Quinta shall, upon request by District, furnish District with such
information as La Quinta possesses or has available to it from any consultants,
engineers, contractors or other persons engaged by or under the control of
La Quinta relating to the environmental assessment relative to the creation of the
improvements 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 the improvement.
(v) La Quinta shall assume the defense of, indemnify and hold
harmless District and its officers, directors, administrators, consultants, engineers,
employees and agents, and each and every one of them, from and against all
actions, damages, claims, losses and expenses of every type and description to
which they may be subjected or put, by reason of, or resulting from, this
Agreement and the design, engineering and construction of the improvement. No
provision of this Agreement shall in any way limit the extent of the responsibility
of La Quints for payment of damages resulting from its operations or the
operations of any of its contractors, engineers, agents or employees. La Quints
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 losses,
claims, damages, liabilities, expenses or actions, arising out of or in connection
eng\agrmnts\05\La Quinta Redev 25
with La Quinta's obligations pursuant to this Agreement, except liability arising
through the sole negligence or willful misconduct of District, its agents,
employees, engineers, consultants, officers, directors and administrators. District
shall have the right, at La Quinta'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
La Quinta fails upon reasonable notice to so commence, appear in or defend any
action or.proceeding with counsel reasonably acceptable to District. La Quinta
shall be furnished with copies of bills relating to the foregoing upon request.
(vi) Prior to the release of the construction plans for the domestic
water, sanitation and irrigation facilities, La Quinta shall furnish to District 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 two thousand dollars
($2,000.00) or 5 percent (5%) of the amount of each construction contract for the
domestic water, sanitation and irrigation facilities, whichever is greater, as
security for the purpose of guaranteeing the completion of construction; said
security shall provide that District has the absolute right five days after the
mailing of a written notification to La Quinta by certified mail at La Quinta'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
costs for each of the domestic water, sanitation and irrigation facilities; each LOC
or CD shall be issued or delivered, on a case by basis, for each contract based on
eng\agrmnts\05\L,a Quinta Redev 26
the construction required as outlined in the applicable Appendix attached hereto;
said security, less draws, if any, will be returned to La Quinta, on a case -by -case
basis, upon acceptance of each of the domestic water, sanitation and irrigation
facilities, meaning that the LOC or CD shall be released for each contract as the
facility covered by the contract is accepted by District. A preconstruction
conference shall be held with District and the contractor prior to start of
construction.
(vii) La Quinta shall carry and maintain, at La Quinta's sole cost and
expense, until all of the improvements and/or facilities have been installed or
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:
A. Worker's Compensation and Employer's Liability.
(1) State Worker's Compensation - coverage as required
by law.
(2) Employer's Liability with limits of at least
$1,000,000 per occurrence.
B. Automobile Liability for Bodily Injury and Property
Damage - $5,000,000 per person, $10,000,000 per occurrence.
C. General Liability for Bodily Injury and Property Damage -
$5,000,000 per person, $10,000,000 per occurrence.
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.
eng\agnmts\05\La Quinta Redev 27
A. All insurance required pursuant to the express provisions of
this Agreement shall:
(1) Provide that coverage shall not be revised, cancelled
or reduced until at least thirty (30) days written notice of such
cancellation shall have been given to District.
(2) Be issued by the Joint Powers Insurance Authority
which is qualified to do business in the State of California and
whose financial stability is evaluated on a yearly basis by an
independent actuarial study and satisfactory to the District.
(3) Be reasonably satisfactory to District in all other
reasonable respects.
B. The Memoranda of Coverage or Evidence of Coverage
letter, required pursuant to this Agreement, together with evidence of
payment of premiums, shall be provided to District prior to the
commencement of any term of this Agreement.
C. The general liability insurance to be maintained by
La Quinta pursuant to this section above shall:
{ 1) Name District as an additional covered party under
the Memorandum of Coverage.
(2) Apply severally to La Quints and District.
(3) Cover La Quinta and District as protected parties in
the same manner as if each are a member of the Joint Powers
Insurance Authority.
eng\agnnnts\05UA Quinta Redev 28
(4) Contain no provisions affecting the rights which
either of them would have as claimants if not so named as
protected parties.
(5) At such time as there is a duty to defend
or indemnify under this indemnification agreement
outlined in this contract, then the liability afforded
under the Joint Powers Insurance Authority
Memorandum of Coverage would be primary and any
other valid and collectible insurance available to the
District shall be excess.
(ix) Upon completion of the improvements (or any of them),
La Quinta shall notify District of such completion, in writing, and cause
contractors and all subcontractors and materialmen to provide lien and
material releases.
(x) Concurrently with La Quinta's execution of this Agreement,
La Quinta shall deposit with District a minimum sum of two thousand
dollars ($2,000.00) ("Deposit"). The Deposit shall be held by District for
all costs and expenses of District arising out of or in connection with the
review of plans and specifications, engineering, surveys, field notes and
grade sheets, inspections of the improvements and any matter related to or
arising out of the same. La Quinta hereby authorizes District to use, apply
or retain all or any part of the Deposit to offset its costs and expenses
related to the foregoing duties. District shall not be required to keep the
Deposit separate from its general funds, and La Quinta shall not be entitled
eng\agrmnts\05\La Quinta Redev 29
to interest on the Deposit. If there are any funds left in the Deposit after
the completion or acceptance of the improvements, such excess shall be
returned to La Quinta within thirty (30) days following completion and
acceptance of the improvement. If further funds are necessary, La Quinta
shall, within thirty (30) days after written demand therefor, deposit. cash
with District in an amount which District considers sufficient to pay for
the costs and expenses to be included hereunder.
(xi) Prior to the release of the construction plans to the improvements
(or any of them), La Quinta shall execute a bill of sale ("Bill of Sale") in the form
and content acceptable to District. The Bill of Sale shall convey title to each
improvement to District at no cost and expense to District. Each improvement
shall be transferred to District free and clear of all liens and encumbrances.
5. District shall do the following for domestic water service:
a. Construct two (2) domestic wells and pumping plants with on -site backup
generators, complete with necessary appurtenances, on two (2) of the six (6) sites
provided by La Quinta described in Subparagraph Lc in accordance with the schedule on
Appendix A. Each well will be operational within one (1) year of the date of La Quinta
providing the necessary advance payments; however, District shall not be liable for the
failure to meet this schedule and La Quinta hereby waives and releases, indemnifies and
holds District and its officers, directors, employees, agents, successors and assigns
harmless from all debts, liabilities, obligations, costs, expenses (including, but not limited
to, attorneys' fees), damages, claims, actions or causes of action arising out of or in
connection with the failure to complete the well improvements within one (1) year of the
date of La Quinta providing the necessary advance payments.
eng\agrmnts\05\La Quinta Redev 30
b. Provide the fire flow of one thousand five hundred (1,500) gallons per
minute (gpm) and four thousand (4,000) gpm for two (2) hours for the two thousand
seven hundred (2,700) square foot clubhouse and multi -story hotel, respectively, to said
Project subject to La Quinta constructing the reservoir, reservoir pipeline and all pipelines
and La Quinta providing payment for the two (2) wells and pumping plants (or
completion of the two (2) well pumping plants if construction option described in
Subparagraph Ld. is used) subject to circumstances within the control of District. Said
fire flow shall not be available prior to the completion of all pipelines, and payment for
the two (2) wells and pumping plants (or completion of the two (2) well pumping plants
if construction option described in Subparagraph Ld. is used) in accordance with the
schedule in Appendix A.
C. Consider one hundred percent (100%) of the actual cost, exclusive of
engineering, inspection and surveying of the two (2) wells and pumping plants, described
in Subparagraphs Ld., as credit towards the Dwelling Unit Charge of the Water System
Backup Facilities Charge less the Supplemental Imported Water Supply Component at
the charge in effect on the day each facility is placed into service in District's system for
the Project. No refund or transfer of this credit will be made outside the Project. Should
the cost of constructing the well and pumping plants be less than the advance payment
described in Subparagraph Ld., excess deposits monies shall be refunded to La Quinta.
d. In the event the construction costs determined above for the wells and
pumping plants described in Subparagraph Ld. exceed the Dwelling Unit Charge of the
Water System Backup Facilities Charge, less the Supplemental Imported Water Supply
Component for the Project, District will not pay the additional construction costs for the
two (2) wells and pumping plants, reservoir, reservoir pipeline and pipelines described in
eng\ag =ts\05UA Quinta Redev 31
Subparagraph I A
6. District shall do the following for sanitation service:
a. Convey a grant deed to La Quinta (depending on location of temporary lift
station) for the temporary lift station described in Subparagraph 2.e. at such time that the
gravity sanitary sewer pipeline described in Subparagraph 2.d. is accepted for operation
and maintenance.
b. Remove the reusable items at the lift station at no cost to La Quinta at such
time that the gravity sanitary sewer pipeline described in Subparagraph 2.d. is progressed
for service. The removal of the remaining surface appurtenances at the lift station will be
at La Quinta's sole cost and expense.
C. Consider the difference in pipeline cost exclusive of engineering,
inspection and surveying between a ten -inch (10") diameter gravity sewer pipeline and a
twenty-seven inch (27") diameter gravity sewer pipeline described in Subparagraph 2.c.
as credit toward the Collection System Component of the Sanitation Capacity Charge at
the charge in effect on the day the pipeline is placed into service in District's system. No
refund or transfer of this credit will be made outside the Project.
d. In the event the actual difference in construction cost between a ten -inch
(1011) diameter gravity sewer pipeline and a twenty-seven inch (27") diameter gravity
sewer pipeline, exclusive of engineering, inspection and surveying, described in
Subparagraph 2.e. exceeds the Collection System Component of the Sanitation Capacity
Charge, District will not pay the additional construction costs.
e. Determine the cost of the pipeline subject to consideration, based on
La Quinta either from the lowest, responsible bid, from a publicly bid contract or by
providing three (3) bids to District prior to the start of construction. District will review
eng\aV=ts\05\La Quinta Redev 32
and approve the bids as a basis of the lowest costs.
7. The following general provisions shall also apply:
a. La Quinta shall provide written notification to the District of any
assignment of its rights or duties hereunder to any person or entity. The District shall
acknowledge receipt of the assignment in writing.
b. Subject to the foregoing, this Agreement shall bind and inure to the benefit
of the assigns, successors and representatives of the parties.
C. 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 business days after such mailing.
DISTRICT:
Coachella Valley Water District
Attention: Steve Robbins, General Manager -Chief Engineer
Post Office Box 1058
Coachella, California 92236
LA QUINTA:
La Quinta Redevelopment Agency
Attention: Tom Genovese, Executive Director
Post Office Box 1504
La Quinta, California 92247-1504
d. 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,
eng\ag=ts\05\La Quinta Redev 33
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.
e. 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.
f. The invalidity or illegality of any provisions of this Agreement shall not
affect the remainder of this Agreement.
g Each party hereto agrees to execute and deliver such other documents and
perform such other acts as may be necessary to effectuate the purposes of this Agreement.
h. The captions contained in this Agreement are for convenience of reference
only and shall not affect the interpretation of this Agreement or limit or amplify any of its
terms or provisions.
i. 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.
j. Should public funds be used in the construction of any particular domestic
water, sanitation or irrigation facility at any given time, require that any contractor under
its employ for the construction of such facilities shall comply with the provisions of the
Labor Code of the State of California regarding prevailing wages, minimum wages; the
8-hour day and 40-hour week, overtime, Saturday, Sunday and holiday work; and
nondiscrimination because of race, color, national origins, sex or religion.
eng\agrmnts\05\La Quinta Redev 34
k. Subject to the obligations of La Quinta set forth herein, 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 system at no further cost to La Quinta.
1. Whenever in this Agreement the approval or consent of District is
required, or some other action is required to be undertaken by District, as a condition to
the commencement of work or consummation of some other event, District shall act in a
timely manner in taking such action or in its consideration of such approval or consent.
PLEASE ATTACH APPROPRIATE
NOTARIAL CERTIFICATES
PLEASE ATTACH APPROPRIATE
NOTARIAL CERTIFICATES
COACHELLA VAL TER DISTRICT
By
Steve Robbins
General Man er hie Engineer
Date � � C
LA QUINTA REDEVELOPMENT AGENCY
By
Thomas P. Genovese
Date 5
C0:les\eng\ag=ts\05\1z Quinta Redev 35
State of California )
) ss
County of Riverside )
On June 17, 2005, before me, Cynthia R. Parks, Notary Public, personally appeared
Steve Robbins, known to me 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.
(seal)
.
4 s�
.��•
Printed name: Cynthia R. Parks
Commission No. 1548227
My commission expires February 26, 2009
Domestic Water and Sanitation System
Installation and Irrigation Service Agreement
La Qumta Redevelopment
Thomas P. Genovese
Witness my hand and official seal.
J
N Public in and for said
County and State
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LA QUINTA )
On May 16, 2005 , before me, Regenia Hensley, Notary Public, personally
appeared THOMAS P. GENOVESE personally known to me 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.
WITNESS my hand and official seal.
R ENIA HENSLEY
Notary Public
Commission # 1521423
Expiration: October 23, 2008
(Seal)
REGENIA HENSLEY
'Cam sslon # 1521423
Notary `RAAC - Ca Off'10
11Ay Comm. Expires Oct A 2008
Type of Document: Domestic Water & Sanitation System Installation and Irrigation
Service Agreement w/ Coachella Valley Water District
APPENDIX A
Construction and/or design of
the facility described under
Item (a) must be completed
before water service is initiated
Reference
to the following Units within
Facilities Item (a)
Subparagraph
the Project*
Design and construct 15-inch diameter gravity
2.c.
**
1'
sewer pipeline
Design and construct 24-inch diameter gravity
2 d
2'
sewer pipeline
Design and construct 27-inch diameter gravity
2 e
3'
sewer pipeline
Dedicate Well Site No. 1 and construct site
I.C.
1
4
im rovements
Well and Pumping Plant No. I with on -site
1 d
1
5
backup generator
Dedicate Well Site No. 2 and construct site
I.C.
1***
6'
-improvements
Well and Pumping Plant No. 2 with on -site
1.d.
300* * * *
7.
backup enerator
8.
18-inch diameter pipeline
1.n.(i)
1
9.
18-inch diameter pipeline
Ln.(ii)
**
10.
18-inch diameter pipeline
l.n.(iii)
**
11.
18-inch diameter pipeline
l.n.(iv)
**
12.
18-inch diameter pipeline
1.n.(v)
**
Dedicate Well Site No. 3 and construct site
I.C.
13.
improvements
Dedicate Well Site No. 4 and construct site
I.C.
***
14.
improvements
Dedicate Well Site No. 5 and construct site
I.C.
***
15.
improvements
Dedicate Well Site No. 6 and construct site
I.C.
16.
improvements
17.
Booster Station/Pressure Reducing Station site
I.C.
***
*Certain items may require design only. Approval of designs will be required by District before service is
provided to the specified Units within the Project.
**As development progresses for sewer and water and/or to meet fire flow requirement for the water system.
***Well sites are a function of acreage and not units. Well sites will be dedicated even if ultimate units are not
reached. Similarly, if additional units are added within the existing project acreage, no additional well sites will
be required.
* * * *These units may be any combination of the hotel, timeshare units, permanent clubhouse, conference
center, commercial/retail center and maintenance facility.
('l11Pc\Pnv\aarmntc\n5\T A Oivinta Reiiev
EXHIBIT A
LEGAL DESCRIPTION
CO:les\eng\agrmnts\05\ A Quinta Redev
EXHIBIT "A"
Real property located in the City of La Quinta, County of Riverside, State of
California,'described as follows:
THAT PORTION OF THE SOUTH HALF OF THE SOUTH HALF OF SECTION 5, THE
EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 61 AND THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 81,
TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WEST LINE OF THE EAST HALF OF
THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 6
WITH THE CENTERLINE OF AVENUE 52; THENCE ALONG SAID CENTERLINE,
NORTH 89055'34" EAST, 633.19 FEET; THENCE LEAVING SAID CENTERLINE, SOUTH
0006' 19" WEST, 55.00 FEET; THENCE PARALLEL TO AND 55.00 FEET SOUTHERLY OF
SAID CENTERLINE THE FOLLOWING FOUR (4) COURSES:
NORTH 89055*34" EAST, 1075.47 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 1945.00 FEET; THENCE
SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 46043'49"
' AND AN ARC DISTANCE OF 1586.34 FEET TO . THE BEGINNING OF A REVERSE
- CURVE CONCAVE -NORTHEASTERLY AND HAVING A RADIUS OF 2Q35.{S� SET, A
RADIAL LINE -THROUGH SAID POINT BEARS NORTH 46°39'23" EAST; THENCE
SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 46047158"
AND AN ARC DISTANCE OF 1679.53 FEET; THENCE PARALLEL TO AND 55.00 FEET
SOUTH OF THE NORTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTER OF -SA]D SECTION 8, ALSO BEING THE CENTERLINE OF AVENUE 521,
NORTH 89051'25" EAST, 859.04 FEET;
THENCE NORTH 0008935" WEST, 3.00 FEET; THENCE PARALLEL TO AND 52.00 FEET
SOUTH OF SAID NORTH LINE, NORTH 89051'25" EAST, 155.06 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A
RADIUS OF 291.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 15009'25" AND AN ARC DISTANCE OF 76.98 FEET;
THENCE PARALLEL TO AND 60.00 FEET SOUTH OF SAID CENTERLINE THE
FOLLOWING FOUR (4) COURSES:
SOUTH 89051'25" WEST, 1081.86 FEET TO THE BEGINNING OF A'TANGENT CURVE
CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 2060.00 FEET; THENCE
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
46047' 58" AND AN ARC DISTANCE OF 1682.62 FEET TO THE BEGINNING OF . A
REVERSE CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 1940.00
FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 46039'23" WEST;
THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
28809z of �13m2 EXHIBIT "A" -Page 1
OF 46643'49" AND AN ARC DISTANCE OF 1582.26 FEET; THENCE SOUTH 89055'34"
WEST, 1708.65 FEET TO A POINT ON THE WEST LINE OF THE EAST HALF OF THE
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 6;
THENCE ALONG SAID WEST LINE, NORTH 0604' 16" EAST, 60.00 FEET TO THE POINT
OF BEGINNING.
PARCEL A CONTAINS 1.506 ACRES, MORE OR LESS.
PARCEL B
THAT PORTION OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION
8, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMIAENCING AT THE NORTHEAST CORNER OF SAID SECTION 8; THENCE ALONG
THE NORTH LINE OF SAID SECTION 81 ALSO BEING THE CENTERLINE OF AVENUE
52, SOUTH 89051125" WEST, 60.04 FEET TO THE TRUE POINT OF BEGINNING;
THENCE PARALLEL- TO AND 60.00 FEET WESTERLY OF THE INE OF
JTEFFERSON STREET,
SOUTH 2012'44" EAST, 235.55 FEET TO A POINT OF CUSP WITH
A TANGENT CURVE CONCAVE SO TERLY AND HAVING A RADIUS OF
171.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 72°46'26" AND AN ARC DISTANCE OF 217.20 FEET; THENCE
NORTH 74059' 10" WEST, 55.07 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE S OUTHWESTERLY AND HAVING A RADIUS OF 291.00 FEET, THENCE
NORTHWESTERLY— - AL -GI G- - SAID-- CURVE THROUGH A CENTRAL ANGLE OF
15009'25" AND AN ARC DISTANCE OF 76.98 FEET; THENCE PARALLEL TO AND 52.00
FEET SOUTH OF THE CENTERLINE OF AVENUE 52, SOUTH 89051'25" WEST, 155.06
FEET; THENCE SOUTH 0008'35" EAST, 3.00 FEET; THENCE PARALLEL TO AND 55.00
FEET SOUTH OF THE CENTERLINE OF AVENUE 52, SOUTH 89051*25".WEST, 859.04
FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY
AND HAVING A RADIUS OF 2055.00 FEET; THENCE NORTHWESTERLY ALONG SAID
CURVE THROUGH A .CENTRAL ANGLE OF 1.3017'09" AND AN ARC DISTANCE OF
476.51 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 8, ALSO BEING
THE CENTERLINE OF AVENUE 52; THENCE ALONG SAID NORTH LINE, NORTH
89051'25" EAST,1733.26 FEET TO THE POINT OF BEGINNING.
PARCEL B CONTAINS 2.173 ACRES, MORE OR LESS.
PARCEL C
THAT PORTION OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 8,
AND THE WEST HALF OF THE WEST HALF OF SECTION 9, TOWNSHIP 6 SOUTH,
RANGE 7 EAST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 8; THENCE ALONG
THE CENTERLINE OF JEFFERSON STREET, SOUTH 2012'44" EAST, 5267.69 FEET TO
THE NORTHEAST CORNER OF SECTION 17, TOWNSHIP 6 SOUTH, RANGE 7 EAST,
615/0 z of tsio2 EXHIBIT "A" - Page 2
SAN BERNARDINO MERIDIAN; THENCE ALONG THE SOUTH LINE OF SAID
SECTION 9, ALSO BEING THE CENTERLINE OF AVENUE 54, SOUTH 89°50'56" WEST,
65.04 FEET; THENCE PARALLEL TO AND 65.00 FEET WESTERLY OF THE
CENTERLINE OF JEFFERSON STREET, NORTH 2012'44" WEST, 297.88 FEET; THENCE
NORTH 1023'37" WEST, 350.04 FEET; THENCE PARALLEL TO AND 60.00 FEET
WESTERLY OF THE CENTERLINE OF JEFFERSON STREET, NORTH 2°12'44" WEST,
3166.69 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF THE ALL
AMERICAN CANAL; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY, NORTH
89053' 14" EAST, 30.02 FEET; THENCE PARALLEL TO AND 30.00 FEET WESTERLY OF
THE CENTERLINE OF JEFFERSON STREET, NORTH 2012144" WEST, 130.09 FEET TO
THE NORTHERLY RIGHT OF WAY OF THE ALL AMERICAN CANAL; THENCE
ALONG SAID NORTHERLY RIGHT OF WAY, SOUTH 89053' 14" WEST, 30.02 FEET;
THENCE PARALLEL TO AND 60.00 FEET WESTERLY OF THE CENTERLINE OF
JEFFERRSON STREET, NORTH r12'44" WEST, 1322.87 FEET TO. A POINT ON THE
NORTH LINE OF SAID SECTION 8, ALSO BEING THE CENTERLINE OF AVENUE 52;
THENCE ALONG SAID NORTH LINE, NORTH 89051'25" EAST, 60.04 FEET TO THE
POINT OF BEGINNING.
PARCEL C CONTAINS 7.220 ACRES, MORE OR LESS.
PARCEL D
THAT PORTION OF THE SOUTH HALF OF THE SOUTH HALF OF SECTION 8, AND
THE SOUTHWEST QUARTER OF THE SOUTHWEST_. QUARTER.. OF _- SECTION--- %- -
T-OWNSHIP- -6- Sly__ RANGE: T- -BAST, SAN BERNARDINO MERIDIAN, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 17,_ TOWNSHIP. 6 SOUTH,
RANGE 7.EAST, SAN BERNARDINO MERIDIAN; THENCE ALONG THE SOUTH LINE
OF SAID SECTION 99 SOUTH 89050'56" WEST, 65.04 FEET TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING SOUTH 89°50'56" WEST, 132.94 FEET TO THE
SOUTHWEST CORNER OF SAID SECTION 9; THENCE ALONG THE SOUTH LINE OF
THE SOUTHEAST QUARTER OF SAID SECTION 8, ALSO BEING THE CENTERLINE OF
AVENUE 549 SOUTH 89°59'23" WEST, 2647.64 FEET TO THE SOUTHWEST CORNER OF
SAID SOUTHEAST QUARTER; THENCE ALONG THE SOUTH LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION, SOUTH 89033259" WEST, 48.00 FEET TO
THE BEGINNING OF A NON -TANGENT CURVE CONCAVE SOUTHEASTERLY AND
HAVING A RADIUS OF 48.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS
SOUTH 89033'59" WEST; THENCE LEAVING SAID SOUTH LINE, AND
NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
105027' 16" AND AN ARC DISTANCE OF 88.35 FEET; THENCE SOUTH 74058'44" EAST,
50.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
NORTHEASTERLY AND. HAVING A RADIUS OF 100.00 FEET; THENCE
SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15000138"
AND AN ARC DISTANCE OF 26.20 FEET; THENCE PARALLEL TO AND 30.00 FEET
NORTH OF THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 8,
ALSO BEING THE CENTERLINE OF AVENUE 54, SOUTH 89059'23" EAST, 2514.64
615/01%10-0048 EXHIBIT "A" - Pape 3
288092.01 3OW 13M
FEET; THENCE NORTH 83°02'52" EAST, 151.56 FEET; THENCE NORTH 44°58'49"
EAST, 36.66 FEET; THENCE PARALLEL TO AND 65.00 FEET WEST OF THE
CENTERLINE OF JEFFERSON STREET, SOUTH 2012'44" EAST, 74.00 FEET TO THE
POINT OF BEGINNING.
PARCEL D CONTAINS 2.024 ACRES, MORE OR LESS.
PARCEL 2
THAT PORTION OF THE SOUTH HALF OF THE SOUTH HALF OF SECTION 51, THE
EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 6, THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 7, AND SECTION 8, TOWNSHIP 6 SOUTH, RANGE 7 EAST,
SAN BERNARDINO WIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE WEST LINE OF THE EAST HALF OF
THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 6
WITH THE CENTERLINE OF AVENUE 52; THENCE ALONG SAID WEST LINE, SOUTH
0004' 16" WEST, 60.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE
PARALLEL TO AND 60.00 FEET SOUTH OF THE CENTERLINE OF AVENUE 52 THE
FOLLOWING FOUR (4) COURSES:
NORTH 89055'34" EAST, 1708.65 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 1940.00 FEET; THENCE
S0LrrH- RASTERLY-ALONG-SAID-CURVE- THROUGH A -CENTRAL ANGLE OF -46°43'49"
AND AN ARC DISTANCE OF 1582.26 FEET TO THE BEGINNING OF A REVERSE
CURVE CONCAVE NORTHEASTERLY AND HAVING A ]RADIUS OF 2060.00 FEET, A
RADIAL LINE THROUGH SAID POINT BEARS NORTH 46°39'23" EAST; THENCE
SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 46047'58"
AND AN ARC DISTANCE OF 1682.62 FEET; THENCE NORTH 89051'25" EAST, 767.06
FEET;
THENCE SOUTH 41 °15'00" EAST, 787.18 FEET; THENCE PARALLEL TO AND 60.00
FEET WESTERLY OF THE CENTERLINE OF JEFFERRSON STREET, SOUTH 2012'44"
EAST, 669.32 FEET TO THE NORTHERLY RIGHT OF WAY OF THE ALL AMERICAN
CANCEL; THENCE ALONG THE NORTHERLY AND WESTERLY RIGHT OF WAY OF
THE ALL ANIERICAN CANAL THE FOLLOWING SEVEN (7) COURSES:
SOUTH 89053' 14" WEST, 2633.43 FEET; THENCE SOUTH 0000'06" EAST, 1320.62 FEET;
THENCE SOUTH 89055'03" WEST, 20.00 FEET; THENCE SOUTH 0600'06" EAST, 420.29
FEET TO THE BEGINNING- OF A TANGENT CURVE CONCAVE NORTHEASTERLY
AND HAVING A RADIUS OF 796.20 FEET; THENCE SOUTHEASTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 28030100" AND AN ARC DISTANCE OF
396.05 FEET; THENCE SOUTH 28030'06" EAST, 74.10 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 636.20
FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 11 °02' 5 5" AND AN ARC DISTANCE OF 122.68 FEET;
igs09 of ,o6/13ro2 EXHIBIT "A" - Page 4
THENCE LEAVING SAID WESTERLY RIGHT OF WAY, NORTH 60030'00" WEST, 59.57
FEET; THENCE NORTH 74°00'00" WEST, 188.00 FEET; THENCE NORTH 35°10'00"
WEST, 68.00 FEET; THENCE NORTH 40035100" WEST, 111.50 FEET; THENCE NORTH
40°50'00" West, 115.50 FEET; THENCE NORTH 75°35'00" WEST, 93.50 FEET; THENCE
NORTH 36040'00" WEST, 162.50 FEET; THENCE NORTH 19°35'00" EAST, 61.50 FEET;
THENCE NORTH 36000'00" WEST, 172.50 FEET; THENCE NORTH.45°15'W' WEST,.
214.00 FEET; THENCE NORTH 43° 10'00" WEST, 173.00 FEET; THENCE NORTH
45025'00" WEST,146.00 FEET; THENCE NORTH 13°55'00" WEST,198.50 FEET; THENCE
SOUTH 82000'00" WEST, 182.00 FEET; THENCE NORTH 58°15'00" WEST, 187.50 FEET;
THENCE NORTH 46000'00" WEST, .180.50 FEET; THENCE NORTH 31050'00" WEST,
108.00 FEET; THENCE NORTH 5°55'00" WEST, 209.00 FEET; THENCE NORTH 10°20'00"
EAST, 180.50 FEET; THENCE NORTH 4°40'00" EAST, 111.00 FEET; THENCE NORTH
2040'00" WEST, 88.50 FEET; THENCE NORTH 14000'00" WEST, 202.00 FEET; THENCE
NORTH 64040'00" WEST, .186.00 FEET; THENCE NORTH 67°50'W' WEST, 187.00 FEET;
TI 74CE SOUTH 76055'00" WEST, 124.00 FEET; THENCE SOUTH 37010'00" WFST,
122.00 FEET; THENCE SOUTH 88°20'W' .WEST, 75.50 FEET; THENCE NORTH 88020'00"
WEST, 75.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
NORTHEASTERLY AND HAVING A RADIUS OF 70.00 FEET; THENCE
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
72°25'00" AND AN ARC DISTANCE OF 88.47 FEET; THENCE NORTH 63*25900" WEST,
59.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
NORTHEASTERLY AND HAVING A RADIUS OF 135.00 FEET; THENCE
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
77030'00" AND _ AN_. A_RC_ . DISTANCE. - OF- 1824 FEET- TO-... THE- BEGB G--O - A
REVERSE CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 47.00
FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 75°50'00" WEST;
THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 105045100" AND AN ARC DISTANCE OF 86.75 FEET; THENCE SOUTH 88°20'00"
WEST, 75.50 FEET; THENCE NORTH 72020'00" WEST, 64.00 FEET; THENCE SOUTH
89050'W' WEST, 88.50 FEET; THENCE NORTH 48°10'W' WEST, 89.50 FEET; THENCE
NORTH 38035'00" WEST, 230.50 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 90.00 FEET; THENCE
NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
97045'00" AND AN ARC DISTANCE OF 153.55 FEET; THENCE NORTH 8°05'00" EAST,
116.00 FEET; THENCE NORTH 7°05'00" WEST, 293.00 FEET; THENCE NORTH 45°45'W'
WEST, 143.00 FEET; THENCE NORTH 53025'00" WEST, 284.00 FEET TO A POINT ON
THE WEST LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER SAID SECTION 6; THENCE ALONG SAID WEST LINE, NORTH
0004' 16" EAST, 1068.43 FEET TO THE POINT OF BEGINNING.
PARCEL 2 CONTAINS 292.135 ACRES, MORE OR LESS.
PARCEL 3
THAT PORTION OF THE SOUTH HALF OF THE NORTHEAST QUARTER, THE
SOUTHEAST QUARTER, AND THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER, OF SECTION 8; AND THE WEST HALF OF THE WEST HALF OF SECTION
615/015610-0048 EXHIBIT "A" - Page 5
• 288092.01 a06/13/02 g
9; TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 17, TOWNSHIP 6 SOUTH,
RANGE 7 EAST, SAN BERNARDINO MERIDIAN; THENCE ALONG THE SOUTH LINE
OF SAID SECTION 91, SOUTH 89050'56" WEST, 65.04 FEET; THENCE PARALLEL TO
AND 65.00 FEET WESTERLY OF THE CENTERLINE OF JEFFERSON STREET, NORTH
2012'44" WEST, 74.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH
44058149" WEST, 36.66 FEET; THENCE SOUTH 83°02'52" WEST, 151.65 FEET; THENCE
PARALLEL TO AND 30.00 FEET NORTH OF THE SOUTH LINE OF THE SOUTHEAST
QUARTER OF SAID SECTION 8, ALSO BEING THE CENTERLINE OF AVENUE 541
SOUTH 89059'23" WEST, 2514.64 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 100.00 FEET; THENCE
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
15000'38" AND AN ARC DISTANCE OF 26.20 FEET; THENCE NORTH 74°58'44" WEST,
50.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
SOUTHEASTERLY AND HAVING A RADIUS OF 48.00 FEET; THENCE
SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
105*27'16" AND AN ARC DISTANCE OF 88.35 FEET TO A POINT ON THE SOUTH LINE
OF THE SOUTHWEST QUARTER OF SAID SECTION 8; THENCE ALONG SAID SOUTH
LINE, SOUTH 89-033-59" WEST, 414.84 FEET TO A POINT ON THE EASTERLY RIGHT
OF WAY LINE OF THE ALL AMERICAN CANCEL, SAID POINT ALSO BEING THE
BEGINNING OF A NON -TANGENT CURVE CONCAVE SOUTHEASTERLY AND
HAVINIGA RADIUS. OF1372.40- FEET, A RADIAL -LINE THROUGH SAID -POLL BEARS
NORTH 56°56'06" WEST; THENCE ALONG THE EASTERLY AND SOUTHERLY RIGHT
OF WAY OF THE ALL AMERICAN CANAL, THE FOLLOWING TWELVE (12)
COURSES:
NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1034'00"
AND AN ARC DISTANCE OF 37.53 FEET; THENCE NORTH 34°37'54" EAST, 814.10
FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY
AND HAVING A RADIUS OF .1492.40 FEET; THENCE NORTHEASTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 6024'W' AND AN ARC DISTANCE OF
166.70 FEET; THENCE NORTH 28013'54" EAST, 272.60 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 776.20 FEET;
THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
56°44'00" AND AN ARC DISTANCE OF 768.58 FEET; THENCE NORTH 281030'06" WEST,
74.10 FEET TO THE' BEGINNING OF A TANGENT CURVE CONCAVE
NORTHEASTERLY AND HAVING A RADIUS OF 656.20 FEET; THENCE
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
28030'00" AND AN ARC DISTANCE OF 326.41 FEET; THENCE NORTH 0°00'06" WEST,
420.48 FEET; THENCE SOUTH 89°55'03" WEST, 10.00 FEET; THENCE NORTH 0°00'06"
WEST, 954.66 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
SOUTHEASTERLY AND HAVING A RADIUS OF 236.48 FEET; THENCE
NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
89053'20" AND AN ARC DISTANCE OF 371.00 FEET; THENCE NORTH 89°53' 14" EAST,
2292.43 FEET;
28909i of sWzi/o2 EXHIBIT "A" -Page 6
THENCE PARALLEL TO AND 60.00 FEET WESTERLY OF THE CENTERLINE OF
JEFFERSON STREET, SOUTH 2012'44" EAST, 3166.69 FEET; THENCE SOUTH 1°23'37"
EAST, 350.04 FEET; THENCE PARALLEL TO AND 65.00 FEET WEST OF THE
CENTERLINE OF JEFFERSON STREET, SOUTH 2°12'44" EAST, 223.88 FEET TO THE
POINT OF BEGINNING.
PARCEL 3 CONTAINS 226.610 ACRES, MORE OR LESS.
PARCEL 4
THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 8, TOWNSHIP 6 SOUTH, RANGE 7 EAST,. SAN BERNARDINO MERIDIAN,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 8; THENCE ALONG
THE NORTH LINE OF SAID SECTION 8, ALSO BEING THE CENTERLINE OF AVENUE
52, SOUTH 89°51925" WEST, 60.04 FEET; THENCE PARALLEL TO AND 60:00 FEET
WESTERLY OF THE CENTERLINE OF JEFFERSON STREET, SOUTH 2012'44" EAST,
23 5.5 5 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH
2012'44" EAST, 418.00 FEET; THENCE NORTH 41'15'00" WEST, 787.18 FEET; THENCE
PARALLEL TO AND 60.00 FEET SOUTH OF THE CENTERLINE OF AVENUE 52,
NORTH 89°51'25" EAST, 314.80 FEET TO THE BEGINNING OF A NON -TANGENT
CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 291.00 FEET, A
RADIAL LINE THROUGH SAID POINT BEARS NORTH 13°19'22" EAST; THENCE
SOUTHEASTERLY- ALONG SAIIS CURVE-T OUGIH A CENTRAL ANGLE OF 1041'28"
AND AN ARC DISTANCE OF 8.59 FEET; THENCE SOUTH 74*59' 10" EAST, 55.07 FEET
TO THE BEGINNING OF TANGENT CURVE CONCAVE SOUTHWESTERLY AND
HAVING A RADIUS OF 171.00 FEET; THENCE SOUTHEASTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 72046126" AND AN ARC DISTANCE OF
217.20TEET TO THE POINT OF BEGINNING.
PARCEL.4 CONTAINS 3.207 ACRES, MORE OR LESS.
,I L
EXHIBIT B
PROJECT LOCATION MAP
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EXHIBIT C
STANDARD DOMESTIC WATER AND/OR
SANITATION SYSTEM INSTALLATION AGREEMENT
CO:les\eng\agrmnts\05\La Quinta Redev
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
(Space above this line for Recorder's Use)
DOMESTIC WATER AND/OR SANITATION SYSTEM INSTALLATION
AGREEMENT
THIS AGREEMENT is made on this day of , , by and between
the COACHELLA VALLEY WATER DISTRICT, a public agency of the State of California, with its
headquarters at Coachella, California, hereinafter designated as "District" and
located at
hereinafter designated as "Subdivider."
WHEREAS, Subdivider is developing a subdivision of
lots located in
the quarter of Section , Township South, Range East,
San Bernardino Meridian, and has filed a Tentative Subdivision Map with the Planning Commission of
the County/City of , which tentative subdivision has been
designated as Tract No. , hereinafter designated "Subdivision" and described
on Exhibit A and shown on Exhibit B; and
WHEREAS, said Subdivision will require a water distribution system and/or sanitation system and
domestic water service and/or sanitation service to each of said
lots; and
WHEREAS, Subdivider is desirous of having District provide domestic water and/or sanitation
service to said Subdivision and is willing to transfer to District the water distribution system and/or
sanitation system necessary therefor after the construction thereof and District is willing to accept such
transfer and to provide domestic water service and/or sanitation service to said Subdivision on the terms
and conditions set forth herein.
-1-
CV AM14A
(Rev. 2/05)
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Subdivider will comply with District's "Regulations Governing Domestic Water Service,"
"Regulations Governing Sanitation Service," and "Instructions for Preparation of Improvement Plans for
Domestic Water Systems and/or Sanitary Sewer Systems" as the same may be amended from time to
time, the provisions of which are incorporated herein by reference.
2. The domestic water system and/or sanitation system to serve said Subdivision shall be
constructed in accordance with District's "Standard Specifications for the Construction of Domestic Water
Systems" and/or "Standard Specifications for the Construction of Sanitary Sewer Systems" and such
specifications and construction plans prepared by Subdivider and which shall be approved by District
prior to the presentation thereof to contractors for bidding purposes. The domestic water system shall
include all pipelines, valves, service connections, fire hydrants, and appurtenances, excepting only the
water meter to the individual lots. The sanitation system shall include manholes, pipelines, house laterals,
pump stations, and appurtenances.
3. The Contractor employed by Subdivider to construct the domestic water system and/or
sanitation system shall be licensed by the State of California for these types of construction and in
addition shall be approved by District for such purpose.
4. The entire cost of the construction of the domestic water system and/or sanitation system
shall be paid by Subdivider. The construction will be inspected by District inspection personnel to the
end that the domestic water system and/or sanitation system facilities are constructed and installed
pursuant to this agreement in accordance with the approved plans and specifications. This inspection is
not for the purpose of determining installed footage of water or sewer pipeline or for compliance by the
Contractor with safety requirements.
5. Prior to the release of the improvement plans for the domestic water system and/or sanitary
sewer system Subdivider shall furnish to District the following:
a. Bill of Sale for conveyance of the domestic water system and/or
sanitation system.
b. Any and all Deed(s) of Easement or Grant Deed(s) to any rights -of -way or other real
property interests necessary for the operation of the domestic water system and/or sanitation system
or to comply with the requirements of District's Regulations Governing Domestic Water and/or
Sanitation Service.
c. Written petitions for the annexation of its lands to be developed to those Improvement
Districts of District which are applicable to the public services to be provided.
-2-
CVW1 -014A
(Rev. 2/05)
d. An irrevocable letter of credit or a certificate of deposit from a bank or savings and loan
located and doing business in the State of California naming District as sole beneficiary with the
exclusive right of withdrawal according to the following; in the amount of $2,000 or five percent of
the amount of the construction contract(s), whichever sum is greater, as security for the purpose of
guaranteeing the completion of construction as provided in paragraphs 6 and 7 herein. Said
security shall provide that District has the absolute right five days after the mailing of a written
notification to Subdivider by certified mail at Subdivider'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 the provisions of
Paragraphs 6 and 7.
Said security, less draws, if any, will be returned to Subdivider upon acceptance of the
domestic water system and/or sanitation system by District.
6. Prior to the installation of water meters or the acceptance of the domestic water system
and/or sanitation system by District, whichever occurs first, Subdivider shall furnish to District and/or
comply with the following:
a. Pay all Water System Backup Facilities Charges, Supplemental Imported Water
Supply Charges and/or Sanitation Capacity Charges as may be applicable.
b. As to any water well developed by Subdivider for golf course irrigation or other
purposes in connection with said Subdivision, execute a separate well -metering agreement with
District. Said agreement will be mailed to Subdivider by District.
Section 31638.5 of Chapter 7, Part 6 of Division 12 of the WaterCodes states that: "It
shall be unlawful to produce water [in excess of 25 acre feet per year].unless the well or other water
producing facility producing such water shall have a water -measuring device [meter] affixed thereto
which is capable of measuring and registering the accumulated amount of water produced."
C. Upon execution of a well -drilling contract, for the golf course irrigation well as
described in Subparagraph 6.b. above, notify District of intent to drill said well, the required meter
size, and upon completion of the well shall install a meter and pump discharge manifold according
to District specifications, at Subdivider's expense. In the event that the meter installation and pump
discharge manifold is not completed according to District specifications and with District's
approval, District shall have the right to direct that the entire discharge manifold assembly be
reconstructed at Subdivider's expense. District, for Subdivider's convenience, will make available
the meter and meter installation specifications upon request to District by Subdivider and/or well
driller's authorized representative.
-3-
CVWD-014A
(Rev. 2/05)
After completion of the meter installation District will, at District's expense, obtain a
hydraulic pump test on the well for determining any meter correction factors.
District employees and agents shall at reasonable times over lands owned by
Subdivider on which said well is located, have the right of ingress and egress.
District will own, operate, maintain, and replace said meter at District expense.
District will read said meter at periodic intervals and make such readings available to Subdivider if
so requested. Subdivider agrees that District may obtain copies of current and past electrical power
consumption and well pump test data directly from the electrical utility serving the well or from
any individual conducting said tests, without obtaining additional releases.
d. As to any domestic water well site(s) and/or sanitary sewer lift station site(s) provided
by Subdivider:
1) Grading plans of the site(s) for District approval. After the grading plans have
been approved by District, grade site(s) in accordance with approved plans.
2) Plans for perimeter walls and exterior landscaping for District approval. After
the plans have been approved by District, construct the walls and landscaping in accordance
with the approved plans. The design of the walls shall include consideration of noise
attenuation to maintain exterior noise levels for residential development while the well or lift
station is in operation. Said perimeter walls shall be installed prior to District providing
service.
3) Provide electrical power of a voltage and wattage necessary for the well or lift
station operation to the site(s). Plans for this installation shall be approved by the District
prior to construction.
4) Plans for the acceptance of well site drainage and well discharge water from the
well site(s) into the on -site drainage facilities for District approval. After the plans have been
approved by District, construct and maintain the facilities necessary for the conveyance of
these waters from the well site(s) in accordance with approved plans. Subdivider shall
include these conditions in the Covenants, Conditions and Restrictions for said Subdivision.
5) Be responsible for the exterior landscaping at the site(s).
e. A certified copy of the Covenants, Conditions and Restrictions for said Subdivision.
7. As to any electrically or electronically operated security gate system installed by Subdivider,
and designed to be functional without an operator/guard, District shall have the right to install radio
controls to operate said gate(s) at Subdivider's expense. Subdivider shall pay District the sum of $2,500
as the cost of said radio controls prior to the installation of water meters or the acceptance of the domestic
-4-
CVV;"t4A
(Rev. 2/05)
water system and/or sanitation system by District, whichever occurs first. District will operate, maintain,
and replace said radio controls at District expense.
8. Prior to the acceptance of the domestic water system and/or sanitation system by District,
Subdivider shall furnish to District any and all requested documents, including but not limited to the
following:
a. A Declaration by Subdivider or its Contractor(s) that the Contractor(s), or any party
who furnished material in the construction of the domestic water system and/or sanitation system,
have been paid in full;
b. As -Built Drawings of the domestic water system and/or sanitation system. Acceptance
by District of the domestic water system and/or sanitation system shall vest title thereto in District
without any further action on the part of Subdivider.
C. A surety bond, irrevocable letter of credit or a certificate of deposit from a bank or
savings and loan located and doing business in the State of California, naming District as sole
beneficiary with the exclusive right of withdrawal according to the following; in the amount of
$2,500 or ten percent of the amount of the construction contract(s), whichever sum is greater, to
guarantee the performance of the installed domestic water system and/or sanitation system as
against failures of any type, the period of said guarantee and said warranty shall be for one year
from the date of the acceptance of the domestic water system and/or sanitation system by District.
Said security, less any charges by District, shall be returned to Subdivider at end of one year.
9. Upon the request of Subdivider, District will furnish to the appropriate departments of the
appropriate City or County, the Department of Real Estate and/or Department of Corporation of the State
of California, a letter from District indicating that financial arrangements have been made for the
construction of the domestic water system and/or sanitation system for said Subdivision and District is
willing to provide domestic water service and/or sanitation service to each and every lot therein, provided
Subdivider has done all of the following:
a. Complied with all provisions of this Agreement applicable at the time,
b. Furnished District an irrevocable letter of credit or certificate of deposit 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 $2,000 or five percent of the amount of the construction contract(s),
whichever sum is greater,
C. 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
system and/or sanitation system provided for herein, and
-5-
CVWD-014A
(Rev. 2/05)
d. Paid to District any amount due under the Water System Backup Facilities Charge,
Supplemental Imported Water Supply Charges and/or Sanitation Capacity Charge as may be
applicable, i.e., those in effect at the time payment is tendered to District.
C. Initiated a Well Metering Agreement with District (if applicable).
10. District shall not 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/or sanitary sewer pipelines and
appurtenances. District shall not be responsible for seal coating, overlaying or otherwise resurfacing
street improvements outside the immediate area of construction. Subdivider shall include these
conditions in the Covenants, Conditions, and Restrictions for said Subdivision.
11. District shall not be liable for the maintenance including but not limited to malicious damage
and graffiti of the exterior walls and landscaping around the domestic water well site(s) and/or sanitary
sewer lift station site(s) provided by Subdivider. Subdivider and its successors shall be responsible for
the maintenance of these improvements. Subdivider shall include this condition in the Covenants,
Conditions and Restrictions for said Subdivision.
12. District shall not be subject to the approval of Subdivider or Homeowners Association on any
use, restrictions or conditions for any domestic water well site(s) and/or sanitary sewer lift station site(s)
provided by Subdivider. Subdivider shall include an acknowledgement of these conditions in the
Covenants, Conditions and Restrictions for said Subdivision.
13. Subdivider will provide notice to the purchaser of any homes within 300 feet of any District
domestic water well site(s) and/or sanitary sewer lift station site(s) of the fact that District owns the
property and its proposed and/or actual use and the activities that are involved during the construction and
operation of said domestic water well and/or sanitary sewer lift station, such as heavy equipment
operation including drilling and maintenance derricks which may create noise and vibration. Subdivider
shall include an acknowledgement of these conditions in the Covenants, Conditions and Restrictions for
said Subdivision.
14. In the event that construction of the facilities which are the subject of this Agreement has not
begun within 12 months of the date of this Agreement or, having been completed, said facilities have not
been accepted by District within 24 months of said date, 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 sanitary sewer plans
shall reflect any new conditions in effect at that time. 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.
-6-
CVWD-014A
(Rev. 21n5)
15. In the event that Subdivider fails to perform any obligation under this agreement, Subdivider
agrees to pay all costs and expenses incurred by District in securing performance of such obligations,
including costs of suit and reasonable attorney's fees.
16. Subdivider hereby binds itself, its executors, administrators and assigns, and agrees to
indemnify, defend and hold District harmless from any losses, claims, demands, actions or causes of
action of any nature whatsoever, arising out of or in any way connected with the improvements agreed to
be constructed and installed under this agreement by Subdivider, including cost of suit and reasonable
attomey's fees.
17. Following fulfillment of the terms and conditions herein and acceptance by District of the
domestic water system and/or sanitation system, District will provide domestic water service and/or
sanitation service to said Subdivision in accordance with District's Regulations cited in Paragraph 1.
18. This Agreement is binding on the assigns of District and on the assigns, successors, and
representatives of Subdivider.
PLEASE ATTACH APPROPRIATE
NOTARIAL CERTIFICATES
PLEASE ATTACH APPROPRIATE
NOTARIAL CERTIFICATES
COACHELLA VALLEY WATER DISTRICT
By:
Dated:
SUBDIVIDER
By:
Dated:
-7-
CVWM14A
(Rev. 2/05)
EXHIBIT D
WELL METERING AGREEMENT
CO:les\eng\agrmr is\45\L,a Quinta Redev
t
No Recording Fees
Required Per
Government Code
Section 27383
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
COACHELLA VALLEY WATER DISTRICT
Post Office Box 1058
Coachella, California 92236
(Space above this line is for Recorder's use)
File:
State Well No.:
IRRIGATION WELL METERING AGREEMENT
THIS AGREEMENT is made on this day of 2001, by and
between the COACHELLA VALLEY WATER DISTRICT, a public agency of the State of
California, with its headquarters at Coachella, California, hereinafter
designated as "District," and hereinafter designated as
WHEREAS, real property is located in portions of the
San Bernardino Meridian, in the County of Riverside, State of California, more
particularly described on Exhibit " A" and shown on Exhibit " B" attached
hereto and hereinafter designated " Real Property" ; and
WHEREAS, and District have entered into an agreement to provide
irrigation water service to said Real Property for the purpose of
Except as otherwise set forth herein, the term "irrigation water" is intended to
refer to canal water; and
WHEREAS, this Irrigation Well Metering Agreement provides a means of
identifying the source and measuring the quantity of well water used to irrigate
Real Property; and
WHEREAS, no groundwater replenishment assessment exists which affects
District has embarked upon a long-term water management plan
which encourages the use of alternative sources of water, thus protecting
valuable groundwater resources for domestic consumption.
NOW, THEREFOR". THE PARTIES AGREE AS FOLLOWS: - - -
1. agrees to verify the source and quantity of well water
used to irrigate Real Property by installing a metering device on 's
well according to District's well metering specifications at 's
expense so that District may read said metering device at periodic intervals.
2. Upon request, District will make available the specifications for
the installation of a well metering device.
3. Upon completion of the installation of the well metering device,
District shall conduct an inspection of said facilities.
q. After completion of the meter installation, District will, at
District's expense, obtain a hydraulic pump test on the well for determining any
meter correction factors.
5. In the event that District determines that the meter installation
has been modified, upgraded and/or replaced or has not been completed according
to District specifications, District shall notify of it-s- disapproval .
District shall then have the right to direct the well metering device be
reconstructed at 's expense or to direct that other appropriate action
be taken.
6. Upon District's acceptance of said metering device,
will own, operate, maintain and replace said meter at 's expense.
District will read said meter at periodic intervals and make such reading
available to if so requested. agrees that District
may obtain copies of current and past electrical power consumption and well pump
test data directly from the electrical utility serving the well or from any
individual conducting said tests, without obtaining additional releases.
shall grant or obtain any releases that may be required of District
in order to obtain said data from the power utility.
7. shall maintain well and meter sites in a safe and
accessible condition as required under state and federal regulations. This
shall include, but not be limited to, provision of ventilation in enclosed
spaces, providing safe access to vaults and protecting personnel from unsafe
conditions which could be caused by electrical and mechanical equipment. In.the
event that fails to maintain well and meter sites in a safe and
accessible condition, hereby agrees that District may take such
safety measures as may be necessary at 's expense including, but
not limited to, performing repairs to equipment or estimating production as
provided in Paragraph G.
8. Upon execution of a well metering agreement, and in regard to all
future irrigation wells, shall notify District of its intent to
drill or use said wells. Upon completion of each of the wells,
shall install a metering device in accordance with District's specifications, at
's expense, and execute a separate well metering agreement with
District for each of the additional wells developed by in the
form provided by District.
9. Upon implementation of a groundwater replenishment assessment,
shall, at. District's option, convey said metering device to -
District, for good and valuable consideration, receipt of which is hereby
acknowledged. Upon District's acceptance of said metering device, District will
own, operate, maintain and replace said meter at District's expense. District
will read said meter at periodic intervals and make such readings available to
if so requested.
10. District, its officers, employees, and. agents, shall have the right
of ingress and egress over property owned or controlled by for
access to each well and accompanying facilities, equipment and appurtenances for
the purpose of performing the activities set forth in this Agreement. -In the
event the irrigation well serving Real Property exists within lands not owned or
controlled by shall secure ingress and egress for
District personnel and vehicles to read the metering device. District agrees to
indemnify, defend and hold harmless from any cost incurred or
suffered by as a result of damage or injury to persons or
property as a result of District exercising its right of ingress and egress.
11. No modification, variance or amendment of this Agreement shall be
effective without the written consent of all of the parties to this Agreement.
12. In the event of any controversy, claim or dispute relating to this
Agreement or the breach thereof, the prevailing party shall be entitled to
recover from the losing party reasonable expenses, attorney's fees and costs.
13. In the event that any of the terms, conditions or provisions of this
Agreement, are held to be illegal, unenforceable or invalid by any court of
competent jurisdiction, the legality, validity and enforceability of the
remaining terms, conditions or provisions shall not be affected thereby.
14. Each party hereby agrees to perform any further acts to execute and
deliver any documents which may be reasonably necessary to carry out the
provisions of this Agreement.
PLEASE ATTACH APPROPRIATE
NOTARIAL CERTIFICATES
COACHELLA VALLEY WATER DISTRICT
PLEASE ATTACH APPROPRIATE
NOTARIAL CERTIFICATES
By
Date
By
Date
EXHIBIT E
BEST MANAGEMENT PRACTICES
CO:les\eng\agnnnts\05\La Quinta Redev
EXHIBIT E
Best Management Practices
1. Apply frequent light rates of N.
2. Use slow -release fertilizers.
3. Avoid fertilizing during periods when turf grass is naturally slow growing, dormant or
stressed.
4. Avoid fertilizing when rain is forecasted.
5. Conservatively irrigate greenbelt areas to save water and reduce leaching. Limit irrigation
to the amount necessary to replace moisture used by the plant. Irrigate according to ET and
soil infiltration rates. Maintain the highest possible irrigation distribution. Try not to have
irrigation application rate exceed soil infiltration rate by using multiple, short run times.
6. Use less energy demanding plants where possible and reduce the scope of the "heavily
managed" areas.
7. Reduce annual N application rates as much as possible.
8. Minimize the reduction of growth of base turf areas during preparations of overseeding.
9. Reduce the amount of area within greenbelt areas that is overseeded.
10. Install under -drain system to collect the leachate from areas of the greenbelt areas that may
be susceptible to leaching. The leachate should be properly disposed of through irrigation
via infiltration through a proper soil profile.
11. Develop collection ponds to collect surface runoff and if necessary, install impervious
liners to prevent groundwater leaching.
12. Collect runoff from sensitive areas and pass it through grassed swales or vegetated buffer
strips.
13. As a condition of service, the recommendations of Best Management Practices must be
implemented unless the general manager — chief engineer finds it would be a hardship.
C0:1es\eng\agrmnts\06\Ia Quinta Redev
EXHIBIT F
ACCESS EASEMENT AREA
CO:les\eng\agrmnts\05\La Quinta Redev
EXHIBIT "F"
LEGAL DESCRIPTION
IRRIGATION LATERAL 121.3 — EASEMENT
"SILVERROCK"
PARCEL "A":
BEING A PORTION OF SECTION 8, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN
BERNARDINO MERIDIAN, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 8, BEING THE
CENTERLINE INTERSECTION OF AVENUE 52 AND JEFFERSON STREET;
THENCE SOUTH 02013'02" EAST 1453.00 FEET ALONG THE CENTERLINE OF
JEFFERSON STREET;
THENCE SOUTH 89052'48" WEST 2352.35 FEET ALONG THE SOUTHERLY RIGHT OF
WAY OF THE ALL AMERICAN CANAL TO THE BEGINNING OF A TANGENT CURVE
CONCAVE SOUTHEAST AND HAVING A RADIUS OF 236.48 FEET;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE
OF 371.00 FEET THROUGH A CENTRAL ANGLE OF 89053' 13";
THENCE SOUTH 00°00'25" EAST 954.65 FEET ALONG THE EASTERLY RIGHT OF
WAY OF THE ALL AMERICAN CANAL;
THENCE NORTH 89054'39" EAST 10.00 FEET ALONG SAID RIGHT OF WAY;
THENCE SOUTH 00000'25" EAST 420.46 FEET TO THE BEGINNING OF A TANGENT
CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 656.20 FEET;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE
OF 325.75 FEET THROUGH A CENTRAL ANGLE OF 28026'35";
THENCE SOUTH 28027'00" EAST 74.54 FEET TO THE BEGINNING OF A TANGENT
CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 776.20 FEET;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE
OF 517.29 FEET THROUGH A CENTRAL ANGLE OF 3 8° I 1 ' 02" TO THE TRUE POINT
OF BEGINNING, A LINE RADIAL TO SAID CURVE AT SAID POINT BEARS SOUTH
80° 15' 58" EAST;
THENCE SOUTH 81056'31" EAST 10.32 FEET;
THENCE NORTH 08003'28" EAST 74.82 FEET;
THENCE NORTH 48002' 10" EAST 74.41 FEET;
O.\40256\4025601\drawiugs\survey\25601—Exhibit F_BOR ESMT.doc
Page 1 of 2
EXHIBIT "F"
LEGAL DESCRIPTION
IRRIGATION LATERAL 121.3 — EASEMENT
"SILVERROCK"
THENCE NORTH 16034'30"
EAST 127.28 FEET;
THENCE NORTH 32014' 07"
EAST 145.58 FEET;
THENCE SOUTH 57045'53"
EAST 111.12 FEET;
THENCE SOUTH 32014'07"
WEST 10.00 FEET;
THENCE NORTH 57045'53"
WEST 101.12 FEET;
THENCE SOUTH 32014' 07"
WEST 134.20 FEET;
THENCE SOUTH 16034'30"
WEST 128.72 FEET;
THENCE SOUTH 48002' 10"
WEST 73.59 FEET;
THENCE SOUTH 08003'28"
WEST 81.18 FEET;
THENCE NORTH 8105631" WEST 20.68 FEET TO THE EASTERLY RIGHT OF WAY OF
THE ALL AMERICAN CANAL, ALSO BEING A POINT ON A NON -TANGENT CURVE
CONCAVE WESTERLY AND HAVING A RADIUS OF 776.20 FEET, A LINE RADIAL TO
SAID CURVE AT SAID POINT BEARS NORTH 79031'39" WEST;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE
OF 10.01 FEET THROUGH A CENTRAL ANGLE OF 00044' 19" TO THE TRUE POINT OF
BEGINNING.
SAID DESCRIBED PARCEL "B" CONTAINS 5,415 SQUARE FEET, MORE OR LESS.
FOR GRAPHICAL PURPOSES SEE EXHIBIT "G" ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HEREOF.
Prepared under the supervision of:
Date:
Q4gela.Dorf, P.L.S. 1#8010
Expires 12/31/06
THE KEITH COMPANIES, INC.
73-733 Fred Waring Drive, Suite 100
Palm Desert, CA 92260
(760) 346-9844
0:\40256\4025601\drawings\survey\25601_Exhibit F_BOR ESMT.doc
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EXHIBIT G
DEPICTION OF ACCESS EASEMENT AREA
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This must be in red to be a
"CERTIFIED COPY"
Each document to which this certificate
is attached is certified to be a full,
true and correct copy of the original
on file and of record in m once.
U
Assessor-ClerkAecorder
COUNTY RECORDER
County of Riverside, State of California
OCT 14 2005
Dated:
Certification must be in red to be a
"CERTIFIED COPY'
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FIRST AMENDMENT TO DOMESTIC WATER
AND SANITATION SYSTEM INSTALLATION AND
IRRIGATION SERVICE AGREEMENT
THIS FIRST AMENDMENT TO DOMESTIC WATER AND SANITATION
SYSTEM INSTALLATION AND IRRI ATION SERVICE AGREEMENT ("First
Amendment") is made this '7t day of , 2011 by and between the Coachella
Valley Water District, a public agency of the State of California ("District"), and the La Quinta
Redevelopment Agency, a public body, corporate and politic ("La Quinta").
RECITALS
A. On or about June 11, 2005, District and La Quinta executed that certain Domestic
Water and Sanitation System Installation and Irrigation Service Agreement ("Agreement").
B. Section Lc of the Agreement provides, in part, that La Quinta shall provide
District with title to six (6) domestic water well sites ("Well Sites") and one (1) booster
station/pressure reducing site (the `BS/PR") at such location or locations approved by the
District.
C. Section Ld of the Agreement contains certain requirements with respect to the
design and construction of two (2) water wells and pumping plants.
D. Sections Le, Lf, l.g, Lh, l.j, I.m, Lq, and Lr contain certain requirements with
respect to some or all of the Well Sites and the BS/PR, including, but not limited to, the
installation of drainage facilities at all of the Well Sites (collectively, the "Well Site
Requirements").
E. On or after the execution of the Agreement, La Quinta provided or caused to be
provided to the District one (1) Well Site, located at Wolff Waters Place, near Avenue 48 and
Dune Palms Road, in the City of La Quinta, State of California. La Quinta has or shall provide
the Well Site Requirements with respect to such Well Site.
F. La Quinta has requested, and District has agreed, that La Quinta provide to
District in lieu payments that would satisfy La Quinta's obligation to provide five (5) Well Sites
and the Well Site Requirements with respect to each of such Well Sites (each, an "In Lieu
Payment").
G. La Quinta and the District now desire to amend the Agreement to provide for the
In Lieu Payment on the terms and conditions set forth herein.
NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING RECITALS,
WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE, THE MUTAL
COVENANTS CONTAINED HEREIN, AND FOR OTHER VALUABLE CONSIDERA-
TION, THE SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED BY THE
882/015610-0002
1160613.04 a03/22/11 _ 1
PARTIES, THE PARTIES HERETO AGREE TO AMEND THE AGREEMENT AS
FOLLOWS:
1. District and La Quinta hereby agree that La Quinta shall provide to District an
In Lieu Payment for each of the remaining five (5) Well Sites. The parties hereto
agree that each In Lieu Payment shall be the sum of the Well Site Improvements
as shown on the attached Exhibit A plus the value of a half acre (1/2) acre parcel
of real property in the City of La Quinta, California which would meet the
District's criteria for well sites as determined by appraisal ("Land Value").
La Quinta shall appoint an appraiser, at La Quinta's sole cost and expense, to
determine the Land Value. La Quinta shall provide the appraisal to the District
for approval and, if approved, said appraiser's determination of the Land Value
shall be binding on the parties hereto. If the District does not approve the Land
Value as determined by said appraisal, the District shall have the right to appoint
an appraiser to establish a second appraisal, at La Quinta's sole cost and expense,
to determine the Land Value. The District and La Quinta will then negotiate the
Land Value based on the first appraisal and the second appraisal. The negotiated
Land Value shall be binding on the parties hereto.
2. La Quinta shall pay to District the In Lieu Payments in accordance with the
provisions of this Section 2.
a. Within thirty (30) days after the Land Value is approved by the District and
La Quinta, La Quinta shall pay to District one third (1/3) of the collective
value of the five (5) In Lieu Payments (the "Payment Amount"). For
example, if the amount of each In Lieu Payment is $300,000, and the
collective amount of all the In Lieu Payments is $1,500,000, then the Payment
Amount shall be $500,000.
b. On or before each of the first (0) and second (2"d) anniversaries of the date
on which La Quinta is required to pay the Payment Amount pursuant to
Section 2a above, La Quinta shall pay to District the Payment Amount.
Notwithstanding the foregoing provisions in this Section 2, La Quinta may, in its
sole and absolute discretion, elect to pay the entire collective value of the five (5)
In Lieu Payments at any time before the payment dates required pursuant to
paragraphs a and b above.
3. Agency represents and warrants to District that as of the date of this First
Amendment, and to Agency's actual knowledge: (i) Agency has all requisite
right, power, legal capacity, and authority to enter into and perform its obligations
under this First Amendment; (ii) any persons executing this First Amendment on
behalf of Agency are authorized to do so; (iii) the execution of this First
Amendment by Agency does not violate any provision of any other agreement to
which Agency is a party; and (iv) except as may be specifically set forth in this
First Amendment, no approvals or consents not heretofore obtained by Agency
882/015610-0002 _
1160613.04 a03/22/11 -2'
are necessary in connection with the execution of this First Amendment by
Agency or with the performance by Agency of its obligations hereunder.
4. District represents and warrants to Agency that to District's actual knowledge: (i)
District has all requisite right, power, legal capacity, and authority to enter into
and perform its obligations under this First Amendment; (ii) any persons
executing this First Amendment on behalf of District are authorized to do so; (iii)
the execution of this First Amendment by District does not violate any provision
of any other agreement to which District is a party; and (iv) except as may be
specifically set forth in this First Amendment, no approvals or consents not
heretofore obtained by District are necessary in connection with the execution of
this First Amendment by District or with the performance by District of its
obligations hereunder.
5. Neither the District nor Agency shall, either voluntarily or by action of law,
assign or transfer this First Amendment or any obligation, right, title or interest
assumed by such party, except as otherwise provided herein, without the prior
written consent of the other party. Any attempted assignment in violation of this
provision is void ab initio. Subject to the foregoing, the provisions of this First
Amendment shall apply and bind the successors and assigns of the parties.
Notwithstanding the foregoing, District acknowledges and agrees that in the event
the Agency is deactivated or dissolved during the term of this First Amendment,
and the City is the legal successor entity of the Agency, the City shall thereafter
be the successor to all of Agency's rights and obligations under this First
Amendment.
6. Except as amended and supplemented in this First Amendment, the terms
and conditions of the Agreement shall remain in full force and effect.
Notwithstanding the immediately preceding sentence, the Agreement shall be
interpreted in a manner consistent with the intent of this First Amendment.
[End — signature page follows]
882/015610-0002 _
116061304.03/22/11 _3
IN WITNESS WHEREOF, La Quinta and District have caused this First Amendment to
be executed as of the day and year first above written.
Date: v & 2011
Date: r 2011
6
Veronica J.
Agency Set
APPROVED AS TO FORM:
RUTAN & TUCKER, LLP
By: V—
M. Katherine Jenson, Agency Counsel
"District"
COACHELLA VALLE ATER
DISTRICT, public gency of e S ate of
Califor '
By:
Its:
S'r", C- lZoSr31nIS G� Et�Az MA>JR��2
"Agency"
LA QUINTA REDEVELOPME T AGENCY,
a p is corporate p
By;
Executive Director
112/015610-0002 _
1160613.04 a0322/11 .4
IN WITNESS WHEREOF, La Quinta and District have caused this First Amendment to
be executed as of the day and year first above written.
Date: , 2011
Date: e , 2011
APPROVED AS TO FORM:
RUXKa
CKE LPBy:ne Jens n, Agency Counsel
882/015610-0002 _
1160613.04 a0322111 _4
"District"
COACHELLA VALLEY WATER
DISTRICT, a publ' cy of the State of
Califo i
By:
Its: & "
STF-4E RP56;06, 6F' 6kA MAdA&ER.
"Agency"
LAP REDEVELOP T AGENCY,
a lic y, corporate d is
By:
Executive Director
EXHIBIT "A"
Well Site Summary of Costs
Description of Site Im rovement
Ouantity
Unit
Unit Cost
Total Cost
Consultants: Civil, Soils, Environmental
1
LS
$40,000
$40,000
Permits and fees
1
LS
$20,000
$20,000
Grading and Class II Base
22,500
SQ FT
$1.45
$32,625
Waterline connection and blow -off piping
1
LS
$21,450
$21,450
Curb & Gutter Improvements (150')
1
LS
2,100
$2,100
Dry Utility Installation (electric & hone)
1
LS
$21,100
$21,100
Concrete drive approach (16'x20')
1
LS
$1,450
$1,450
Sidewalk Improvements (5' width)
1
LS
$2,400
$2,400
6'x8"x16" block wall and gates
580
FT
$60
$34,800
Landscaping allowance
1
LS
$12,450
$12,450
Land (1/2 acre)
1
LS
TBD
TBD
Total Site Improvement Cost without Land
$188,375
982/015610-0002 _
1160613.04 a03/22/11 -5
�. 1p't 1 IM i !� i •�/ i
P.O. Box 1504
78-495 CALLE TAMPICO
LA QUINTA, CALIFORNIA 92253
June 14, 2011
Steve Robbins, General Manager — Chief Engineer
Coachella Valley Water District
Post Office Box 1058
Coachella, CA 92236
(760)777-7000
FAX (760) 777-710,1
Re: Implementation of the First Amendment to the Domestic Water and Sanitary
System Installation and Irrigation Service Agreement
Dear Mr. Robbins:
This letter relates to the First Amendment to the Domestic Water and
Sanitary System Installation and Irrigation Service Agreement ("First Amendment").
Unless otherwise defined in this letter, all capitalized terms used in this letter have
the meanings set forth in the First Amendment. This will confirm that at our
meeting of June 2, 2011, on behalf of the Coachella Valley Water District, you
approved of the Land Value of $130,000 per acre. The Land Value is based upon
the appraisal prepared by Michael A. Scarcella, MAI, of Capital Realty Analysts.
Based upon the Land Value applied to one-half acre, together with the estimated
cost of the Well Site Requirements for each well ($188,375), the In Lieu Payment
for each Well Site and the corresponding Well Site Requirements is $253,373. In
accordance with the final paragraph of Section 2 of the First Amendment, the La
Quinta Redevelopment Agency is electing to pay the In Lieu Payment for all five
Well Sites and the corresponding Well Site Requirements in a single payment.
Therefore, enclosed herewith is a check from the Agency in the amount of
$1,266,875.
Should you have any questions regarding the foregoing, please do not
hesitate to contact me 760-777-7100.
Sincerely,
Thomas P. Genovese
Executive Director
TPG:kj:wwl
Steve Robbins, General Manager
June 10, 2011
Page 2
c: M. Katherine Jenson, Agency Counsel
Tim Jonasson, P.E., Public Works,Director/City Engineer
Veronica Montecino, City Clerk V
Deborah Powell, Economic Development Project Manager
Enclosure: Check #92142