CVWD - Vista Dunes Water 06No 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 22nd day of February 2006 , 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
City of La Quinta
Redevelopment Agency , located at 78-495 Calle Tampico, La Quinta,
hereinafter designated as "Subdivider."
WHEREAS, Subdivider is developing a subdivision of 80 unit multi-familbDts located in
the Northeast
quarter of Section 19 , Township 6 South, Range 7 East,
San Bernardino Meridian, and has filed a Tentative Subdivision Map with the Planning Commission of
the County/City of La Quinta , which tentative subdivision has been
Site Development
designated as Tract No. Permit 2005-826 , 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 80 units 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.
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CVVnMl4A
(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.
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CVWD-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.
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(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
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CVWD-014A
(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
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CV WD-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.
e. 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.
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CVWD-014A
(Rev. 2/05)
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
attorney'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
CITY OF L6 QUINTA REDE/VEELOPMEN AGENCY
Y✓
THOMAS P. GENOVESE, EXECUTIVE DIRECTOR
Dated: 2 / 22 /06
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CVWD-014A
(Rev. 2/05)
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LA QUINTA )
On February 24, 2006 , 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 tome 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
C//
RE IA HENSLEY
No ary Public
Commission # 1521423
Expiration: October 23, 2008
(Seal)
BILL OF SALE
For a valuable consideration, receipt of which is hereby acknowledged
CITY OF LA QUINTA REDEVELOPMENT AGENCY
as SELLER, hereby bargains, conveys and sells unto the COACHELLA VALLEY WATER
DISTRICT, a public agency of the State of California, the following described personal property,
such conveyance to become effective upon the construction and installation of such personal
property as described below:
All of the domestic water and sanitation collection facilities including, but not
limited to fire hydrants, services, manholes and house laterals for
See Exhibit "A" and Exhibit "B" attached hereto and made a
part hereof.
Witnessed by:
DateL ?=I tz�Dd 62
City of La Quinta Redevelopment Agency
Seller: Thomas P. Genovese, Exe utive Director
sy:
Date: 2 / 22 /06
CVWD-181C
(Rev. 1/97)
SIWSC INFORMATION FORM
(Supplemental Imported Water Supply Charge)
TracOarcel No. Portion, of Southeast Quarter of the Northeast Quarter of
Section 19, T.6S., R7E., S.R.M.
Project Title Vista Dunes Courtyard Homes
For project plan approval, the following information must be provided.
Development Type
❑
Gasoline station with
❑
Gasoline station with
convenience store
convenience store and car wash
❑
Hotel and motel
❑
Supermarket shopping center
❑
Golf course development
❑
Public school
Apartments and condominiums
❑
Mobile home and trailer park
❑
Residential lot(s)
❑
Retail shopping area/restaurant
❑
Business office
❑
Industrial and commercial park
❑
Self storage facility
Total gross acreage of project 9 . hS Acres
FOR DISTRICT USE ONLY
Gross Acreage Development Type Total
CVWD-096
(Rev. 12/05)
PETITION FOR THE ANNEXATION OF CERTAIN LAND TO
IMPROVEMENT DISTRICT
NO. 54
NO. 55 XXX
No. 58
AND REQUEST FOR SANITATION SERVICE
OF COACHELLA VALLEY WATER DISTRICT
Petitioner alleges:
(1) That it is the owner of certain land in the County of Riverside, State of
California, described as:
Tract or Parcel Map(Name or Number) Block Lot
Record of Survey: Book Page Map Book: Book Page Lot
Conveyance Deed required and attached Por. SE1/4 of NE 1/4 Sec. 19 T 6 S, R 7 E
Street Address 78-990 Miles Avenue, La Quinta, CA
Assessors Number(s) 604-032-022-3
(2) That it hereby petitions, requests and consents to the annexation of such
land to one of the following Improvement Districts: 54, 55 or 58, to the Coachella Valley
Water District.
(3) That it understands that the conditions of such annexation are:
(a) That the land so annexed to one of the following Improvement
Districts: 54, 55 or 58, shall be subject to the existing bond issues and indebtedness of
such Improvement District and shall likewise be subject to all assessments, taxes and
charges which may be levied within such Improvement District.
(b) That the land so annexed to one of the following Improvement
Districts: 54, 55 or 58, shall be subject to the payment of an annexation charge in
accordance with the amounts set out in District Rules and Regulations in effect at the time
of execution of this petition.
(4) That the Board of Directors of the Coachella Valley Water District may
proceed with such annexation and conclude the same at any meeting thereof without further
notice to petitioner.
(5) The undersigned applies for sanitation service subject to all regulations
of the Coachella Valley Water District and agrees to pay a monthly service charge, which
shall begin ninety (90) days after receipt by the District of this petition (when a
District sewer is available) or ninety (90) days after a District sewer becomes available,
whichever is later.
Any failure to comply with any of the preceding annexation conditions may cause the
District to terminate all District services provided the land being annexed herein.
(Type or Print).
City of La Quinta Redevelopment Agency /
Name of Petitioner Signature of Petitioner Date
Thomas P. Genovese, Executive Director 2/22/06
P. 0. Box 1504, La Quinta, CA 92247
Mailing Address
760-777-7063
Telephone
Signature of Petitioner
Signature of Petitioner
THIS DOCUMENT REQUIRES THE SIGNATURES OF ALL OWNERS OF THE ABOVE DESCRIBED PROPERTY.
Date
Date
******************************************************************************************
(FOR DISTRICT USE ONLY)
Account No. MCR No. Date Class EDUs
CVWD-203
(Rev. 4/05)
EXHIBIT "A"
A PORTION OF THE SE QUARTER, NE QUARTER, SECTION 19, T. 6 S., R. 7 E., S.B.M.
LEGAL DESCRIPTION
THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 19,
TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE
OFFICIAL PLAT OF SAID LAND FILED IN THE DISTRICT LAND OFFICE; COUNTY OF RIVERSIDE,
STATE OF CALIFORNIA, CITY OF LA QUINTA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION
19; THENCE ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER, SOUTH 89°35'04" WEST,.
331.93 FEET; THENCE LEAVING SAID SOUTH LINE, NORTH 00°13'24" WEST, 55.00 FEET TO THE
TRUE POINT OF BEGINNING; THENCE NORTH 00013'24" WEST, 1269.60 FEET; THENCE SOUTH
89035'15" WEST, 332.14 FEET; THENCE SOUTH 00013'57" EAST, 1269.61 FEET; THENCE NORTH
89035'04" EAST, 331.94 FEET TO THE TRUE POINT OF BEGINNING.
SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
PREPARED UNDER THE SUPERVISION OF:
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No s
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3 L.S. 6588 D
CHRI J. BE H, P.L. 6588 A * Exp. 12-31-
EXP.12/31/0791F�Q
OF CALF
PAGE 1 OF 1 GA44608\LEGALS\CVWD-1.D0C
02/23/06
EXHIBIT "B"
PORTION SE 1/4, NE 1/4, SEC. 191
C� WEST HARLAND
DRIVE
i
N. 89'35'157 E.
332.14'
PORTION OF
SE1/4,NE1/4
SECTION 19,
T. 6 S.
R. 7 E.
S.B.M.
N. 89'35'04" E.
331.94'
SHEET 1 OF 1 SHEET
T. 6 S., R. 7 E., S.B.M.
I
SCALE 1" =200'
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SOUTH LINE, N.E. 1/4,
AVENUE SEC. 19
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P.O.C.
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SEC. 19, T. 6 S.,
R. 7 E., SBM
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PREPARED UNDER THE SUPERVISION OF: ok,� J.
M 0 K S E 78."0Ave. 47,t108 CL L.S. 65M
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La QuiMa, CA 92153
DOKICH
* Exp. 12-31-07
0 Voice: 760.771-4013 0 bAlt PJL Ll lL
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S C if u S i Z FAX: 760-771.4073 CHRIS J. BER , L.S. 88 DA E F OF CAOF
PLANNERS ENGfNEERS SURVEYORS