CVWD - Vista Dunes Sewer 07qT E q ESTABLISHED IN 191 SAS A PUBLIC AGENCY
��STRIG�
COACHELLA VALLEY WATER DISTRICT
POST OFFICE BOX 1058 • COACHELLA, CALIFORNIA 92236 • TELEPHONE (760) 398-2651 • FAX (760) 398-3711
DIRECTORS OFFICERS
PETER NELSON, PRESIDENT STEVEN B ROBBINS,
PATRICIA A LARSON VICE PRESIDENT GENERAL MANAGER -CHIEF ENGINEER
TELLIS CODEKAS MARK BEUHLER,
JOHN W McFADDEN ASST GENERAL MANAGER
RUSSELL KITAHARA JULIA FERNANDEZ, SECRETARY
March 1, 2007 DAN PARKS, ASST TO GENERAL MANAGER
REDWINE AND SHERRILL, ATTORNEYS
MAR - 6 2007
City of La Quinta Redevelopment Agency
78-495 Calle Tampico
La Quinta, CA 92253
Gentlemen:
0421.2
0721.2
Dunes Housing
Enclosed is a recorded copy of the Domestic Water and/or Sanitation System Installation
Agreement dated October 4, 2006, executed by Steve Robbins, General Manager -Chief Engineer,
Coachella Valley Water District and Thomas P. Genovese, Executive Director, City of La Quinta
Redevelopment Agency, conveying a portion of the northeast quarter of section 19, township 5
south, range 7 east, San Bernardino Base and Meridian, for domestic water and sanitation
purposes.
Enclosure/)/as
cc: David McGee (with enclosure)
Carol Pfannkuche (with enclosure)
Tanya Tetreault (with enclosure)
JH:jhldcc\07\mar\city of la quiota redevelop 050719-1A16
050719-1.016
Yours very truly,
r
AuliaHerjnan z'
Board Secretary
TRUE CONSERVATION
USE WATER WISELY
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
File; 0421.2 (Space above this
0721.2 )L
0655.
DOC # 2007a—a0p139718
02/28/2007 08:P Fee:NC
Poet 1 a to
Recorded in DffigSal Records
Ca ty of R1County �ire1M
Larry R. rd
III Assessor,
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DOMESTIC WATER AND/OR SANITATION SYSTEM INSTALLATION
THIS AGREEMENT is made on this 4th dayof October 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 Quints CA 92253 hereinafter designated as"Subdivider."
C
WHEREAS, Subdivider is developing asabdivislon-ofVista Dunes Housing-Tpglocstedin
the Northeast quarter of Section 19 Township,6� S South,Rnnge 7 East.
San Bernardino Meridian, and has Sled a Tentative Subdivision Map with the Planning Commission of
the Gatmly/City of La Quints , which tentative subdivision has been
deaignatedas-TfW 05ta Dunes Housing hereirstterdesiguated"Subdivision"snddescribed
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 -iota; and
WHEREAS, Subdivider is desirous of having District provide domestic water and/or sanitation
service to avid Subdivision and is willing to transfer to District the water distribution system and/or
sennittion 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 act forth herein
.1. Document No. 050719-1-016
CVWD-014A
(Rw. 3n6)
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Subdivider will comply with District's "Rdgulations Governing Dom*ic Water Service,"
"Regulations Governing Sanitation Service," and "Inst actions for Preparation of Improvement Plans for
Domestic Water Systems and/or Sanitary Sewer Systems" as the same may be amended fiom time to
time, the provisions of which are incorporaW ham by reference.
2. The domestic water system and/or sanitation system to save 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 Consomdion 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 biddingpmpoaes 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,
lip 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 tion will be inspected by District inspection personnel to the
and 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 famish to District the following:
a. Bill of Sale for conveyance of the domestic water system sad/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-
CVWD014A
(Ra. 3W
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 sol%beneficiary with the
exclusive right of withdrawal according to the following; in the amount of 9j,000 or five percent of
the amount of the conatruction contract(s), whichever am 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 costa or to save compliance with the provisions of
Paragraphs 6 and 7.
Said security, less draws, if any, will be retained 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 as epts= 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 WataCodes states that: "It
shall be unlawful to produce water [in excess of 25 acre feet per year]aunless the well or other water
producing facility producing such water shall have a water -measuring device [miser] affixed thereto
which is capable of measuring and registering the accumulated amount of water produced."
C. Upon execution of a well-driiling 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 miler installation specifications upon request to District by Subdivider and/or well
drillees authorized representative.
-3-
CVWDOr{A
(am. 30)
After completion of the meter instillation District will, at District's expense, obtain a
hydraulic pump test on the well for determining any meter correction far
District employees and agents shall at reasonable times over la* 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 currant and past electrical power
consumption end 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, spade site(s) in accordance with approved plans.
2) Plans for perimeter walls and extonor 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 msintein 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 pessary 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) Placer 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 add 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 gala system installed by Subdivider
and designed to be functional without an operator/guard, District shall have the right to install radio
controls to operate and 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-
CVw6a14A
(Rev. M)
water system and/or sanitation system by District, whichever occurs fast District will operate, maintain,
and replace said radio controls at District expense. f
8. prior to the acceptance of the domestic water system and/or sattitationi item by District,
Subdivider shall furnish to District any and all requested documents, including but not limited to the
following:
e. A Declaration by Subdivider or its Contractor(s) that the Contractor(s), or any ply
who famished 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 eenificate 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 sacutity, less any charges by District, shall be returned to Subdivider at end of one year.
9, upon the request of Subdivider, District will fimnish 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 latter 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 thereto, 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 font approved by
District in the amount of $2,000 or five percent of the amount of the construction coubut(s),
whichever sat is greater,
C. Furnished District with a copy of the Bond feted 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-
CVWD414A
(Ow. MI6)
d. Paid to District soy amount due under the Water System Backup Facilities Charge,
Supplemental Imported Water Supply Charges and/or Sanitation Capacity tuarge 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 replacmtent of decorative concrete and other surface- . -
improvements, including but not limited to, alternative paving methods which District may be required to
remove in the fume 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
etraet 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 includingbut not limited to malicious damage
and graffiti of the anterior wells and landscaping amutd the domestic water well site(s) and/or sanitary
sewer lib station site(s) provided by Subdivider. Subdivider and its auccessoms shall be responsible for
the maintenance of theca improvements. Subdivider shall include this condition in the Coveamns,
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 shell include an acknowledgement of thane 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 wall site(,) and/or sanitary sewa lift station site(s) of the fad that District owns the
property and its proposed and/or actual use and the activities that are involved during the conanudion and
operation of said domestic watt well and/or sanitary sewer lift station, such as heavy equipment
operation including drilling and maintenance derricks which may create anise and vibration. Subdivider
shall include an acknowledgement of these conditions in the Covenants, Conditions and Restrictions for
said Subdivision.
14. In the event that constructionof the facilities which are the subject of this Agreement has not
begin 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 no 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 avid new or
revised Agreement shell be those which are in effect at the time payment thereof is tendered.
-6-
CVWD414A
(ea. nas)
15. In the event that Subdivider fails to perform any obligation under this agreement, Subdivider
agrees to pay all costs and expense incurred by District in securing performampf such obligations,
including costs of suit and reasonable attorneys fees.
,eO 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 oonnected with the improvements agreed to
be constructed and installed elder this agreement by Subdivider, including cost of suit and reasonable
attorneys fees.
17. Following fulfillment of the terms and coaditioms berain and acceptanceby District of tbe.
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, successom and
representatives of Subdivider.
PLEASE ATTACH APPROPRIATE
NOTARIAL CERTIFICATES
PLEASE ATTACH APPROPRIATE
NOTARIAL CERTIFICATES
COACH�ELLA VA T�E /R DISTRICT
By. U� ✓ ' __
Steve Robbins, General Manager -Chief Engineer
Dated: Z 2 v /
SUBDIVIDER
-7-
Thomas P. Genovese, Execut ve rector
City of La Quanta Redevelopment Agency
Dated: �3 - OG
CVWpeIA
(Ram. 3M)
STATE OF CALIFORNIA ►
COUNTY OF RIVERSIDE) ss.
CITY OF LA QUINTA 1
On December 13, 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 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. (Seal)
RE IA HENSLEY
No ary Public
Commission # 1521423
Expiration: October 23, 2008
STATE OF CALIFORNIA)
) ss.
County of Riverside )
On February 28, 2007, before me, Magdalena Anaya, Notary Public, personally appeared
Steve Robbins, 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.
Magddena Anaya, Notary Pubf
and for said County and State
COMMISSION NO. 1660474
MY COMMISSION EXPIRES APRIL 25, 2010
CAPACITY CLAIMED BY SIGNER: General Manager -Chief Engineer
SIGNER IS REPRESENTING: Coachella Valley Water District
EXHIBIT 99B 99
VISTA DUNES HOUSING
PORTION SE 1/4, NE 1/49 SEC. 191 T. 5 S., R.
N. 89'35'1S E.
332.14'
DRIVE
VISTA DUNES
HOUSING
PORTION OF
A N
SE 1/4, NE 1/4
N
SECTION 19
R. 5 S.,
R. 7 E.,
S.B.M.
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N
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Z
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N. 8535'04' E.
331.94'
SMEET 1 OF 1 SHEET
7 E., S.B.M.
FIRE STATION
CHURCH
T.P.O.B.
N. W35W E ��-331.93'
SOUTH LINE, N.E. 1/4,
AVENUE SEC. 19
PREPARED UNDER THE SUPERVISION OF:
c.
1--16
SCALE 1" =200'
I . ;;;; - r
P.O.C.
S.E. CORNER N.E. 1/4
SEC. 19. T. 5 S..
R. 7 E., S.B.M.
LS 7978
EV.12-31-08
EXHIBIT "A" SHEET 1 OF 1 SHEET
VISTA DUNES HOUSING
PORTION SE 1/49 NE 1/49 SEC. 199 T. 5 S., R. 7 E., S.B.M.
THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 5
SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN AS SHOWN BY UNITED STATES GOVERNMENT SURVEY ON
FILE IN THE GOVERNMENT 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 OF SAID SECTION, SOUTH 89'35'04° WEST, 331.93 FEET;
THENCE LEAVING SAID SOUTH LINE OF SAID NORTHEAST QUARTER, NORTH W13'24" WEST, 55.00 FEET TO THE
TRUE POINT OF BEGINNING; THENCE ALONG A LINE PARALLEL WITH AND DISTANT 55.00 FEET MEASURED AT
RIGHT ANGLES FROM SAID SOUTH LINE, SOUTH 89'35'04` WEST, 331.94 FEET; THENCE LEAVING SAID PARALLEL
LINE, NORTH W13'5r WEST, 1269.61 FEET TO THE NORTH LINE OF SAID SOUTHEAST QUARTER OF THE
NORTHEAST QUARTER; THENCE ALONG SAID NORTH LINE, NORTH 873515 EAST, 332.14 FEET; THENCE SOUTH
00'13'24 EAST, 1269.60 FEET TO THE TRUE POINT OF BEGINNING.
AS SHOWN ON EXHIBIT 'Ef ATTACHED HERETO AND MADE A PART HEREOF.
PREPARED UNDER THE SUPERVISION OF.
L8. 978
31
_ P
VICTOR ILLENEUVE, LS. 7978 DATE 9lF or CALIF
EXP. 1 —3 —08
BILL OF SALE
For a valuable consideration, receipt of which is hereby aclmowledged
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 sanitation collection facilities including, b)it not limited to, manholes
and house laterals for
VISTA DUNES HOUSING
Witnessed by: Se11erCYlG,�OO����%'�
City of La Quinta Redevelopment Agency
Thomas P. Genovese, Executive Director
By:
Date: Date: /d/�lli
cvwD-1sis
(Rev. 1/97)
:)J�CT
SITE
I vN.
V1CIM►TY !LAP
NOT Tn SCALE
IN THE CRY OF LA QUINT&
COUNTY OF RIVERSIDE. STATE OF CAUFORNIA
WATER srr.
VISTA NG1
OF a SHTS
PORTION OR THE SE QUARTER OF THE NE QUARTER
SECTION 19. T. 5 S.., ,,7._ .S.B.B.&M.
FOR: CRY OF LA QUIWA — R ,w.o. No: .-.
I
This must be in red to be 8
'CERTIFIED COPY"
1 hereby certify, the foregoing instrument to
which Ujis stamp has been affixed consisting
of _ pages to be a full, true and
correct copy of the original oh file and
of record in my office. p�
` '
Assessor - County Clark,
County of Riverside. State of California
FEB 28 2007
must
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SCANNED
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