Camargo, Ageda/Garage Conversion 09t
RECORDED REQUESTED BY
AND WHEN RECORDED MAILED TO:
THE CITY OF LA QUINTA
P. O. Box 1504
La Quinta, CA 92247
Attn: Deby Conrad
Exempt from Fee --Public Agency
(Government Code Section 6103)
DOC # 2009-0088662
02/24/2009 08:00ii Fee:NC
Page 1 of 16
Recorded in Official Records
County of Riverside
Larry W. Ward
Assessor, County Clerk & Recorder
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DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
("Declaration and Agreement") is made this Z day of — T,n _ 2009, by and
between AGEDA CAMARGO, an individual ("Declarant"), and the CITY OF LA QUINTA, a
municipal corporation ("City").
RECITALS
A. Declarant is the owner of that certain real property located in the City of La
Quinta, County of Riverside, State of California with a physical address of 53800 Ave
Montezuma, as more particularly described on Exhibit "A" attached hereto and incorporated
herein by this reference ("Property").
B. The City has been pursuing a code enforcement case against Declarant for a
garage that was converted into a living area without the required permits. After an
administrative effort, the City filed a criminal action against Declarant for violations related to
the converted garage. The criminal case was filed in Riverside Indio Court, Indio Division,
bearing a case number of INM183280.
C. In lieu of sentencing on the case, Declarant has agreed to the terms and conditions
set forth in this Declaration and Agreement. Declarant and the City agree that in exchange for
the City's dismissal of the criminal case under the terms set forth herein, Declarant shall comply
with each and every provision in this Declaration and Agreement.
1
D. Declarant shall hold, sell, encumber, and/or convey any interest in the Property
subject to the covenants, conditions, restrictions, and reservations as provided herein. No
representation is made by the City, pursuant to this Declaration and Agreement, with respect to
the status of any area or structure of the Property other than the garage at -issue.
NOW THEREFORE, the Declarant declares, covenants and agrees, by and for itself, its
heirs, executors and assigns, and all persons claiming under or through it that the Property shall
be held, transferred, encumbered, used, sold, conveyed, leased, and occupied subject to the
covenants and restrictions hereinafter set forth.
TERMS AND CONDITIONS
1. In exchange for the City dismissing the criminal case 90 days following January
13, 2009, or as soon thereafter as practical for the Court, Declarant agrees to perform at her sole
expense each and every item listed in the Residential Safety Inspection Correction List attached
hereto as Exhibit `B" and incorporated herein by this reference, and have each such item
inspected and approved in writing by the City no later than April 13, 2009. All items listed on
the Residential Safety Inspection Correction List must be completed in full compliance with any
and all applicable laws, regulations, and standards.
2. Declarant shall, no later than January 13, 2012, take all necessary steps at her sole
expense to (a) bring the converted garage on the Property into full compliance with all applicable
laws, regulations, and standards (b) schedule a City inspection of the garage to verify completion
of the work and consent to such inspection, and (c) secure a written approval from the City for
the required work. Notwithstanding the foregoing, if the Property changes possession or title
(that is, if Declarant moves out of the Property for any reason or conveys the Property or an
interest thereof to a third -party) ("Triggering Event" Declarant must provide City written notice
at least thirty (30) days prior to any such Triggering Event Thereafter, Declarant or the new
owner or occupier of the Property shall take any and all necessary steps at his/her sole expense to
correct the garage as contemplated herein in compliance with all such applicable laws and
regulations no later than ninety (90) days following any such Triggering Event If Declarant fails
to comply with this condition, the City shall be entitled to (a) pursue and all legal means to
secure compliance with applicable laws and regulations in connection with the garage and/or (b)
conduct the correction work on its own (or through designees) and lien or place a special
assessment against the Property for any related costs.
3. Declarant must agree to maintain an operational smoke detector in the garage.
Declarant hereby consents to the City's entry on to the Property within a week of the recording
of this Declaration and Agreement to inspect the existing smoke detector in the garage. If the
City inspector determines that the existing smoke detector is not adequate, the City will install an
operational smoke detector, at City's sole expense. After the City confirms that an operational
smoke detector exists in the garage or installs the same, it shall be the obligation of Declarant to
maintain the same in compliance with applicable laws and regulations.
4. Declarant has entered into a Hold Harmless Agreement, attached hereto as Exhibit
"B" and incorporated herein by this reference, which provides that until Declarant brings the
converted garage on the Property into compliance with all applicable laws, regulations, and
standards and secures a written City approval for the same, Declarant and any successor in
interest of the Property assume any and all liability of damage to property or injury to person
stemming from the converted garage. In connection therewith, the Hold Harmless Agreement
provides that Declarant and any successor in interest agrees to fully indemnify the City for any
claim or action related thereto, including any costs, expenses, attorneys' fees, and related
expenses incurred in connection therewith.
5. Nothing herein shall be understood as a waiver of any applicable City fees in
connection with the work required herein.
6. The covenants, conditions, restrictions, reservations, equitable servitudes, liens
and charges set forth herein shall run with the Property and shall be binding upon all personal
having any right, title, or interest in the Property, or any part thereto, their heirs, successive
owners and assigns; shall inure to the benefit of the City and its successors and assigns and
successors in interest; shall be binding upon Declarant, her successors and assigns and successors
in interest; and may be enforced by the City and its successors and assigns and successors in
interest. City and Declarant hereby declare their understanding and intent that the burden of the
covenants set forth herein touch and concern the land.
7. The covenants, conditions, and restrictions contained in this Declaration and
Agreement shall remain in effect for a period of forty (40) years from the date this Declaration
and Agreement is executed. At the expiration of said forty (40) year period, the term of this
Declaration and Agreement shall be automatically renewed for successive five (5) year periods.
Notwithstanding the foregoing, if Declarant complies with each and every term herein, Declarant
may request in writing that the City expunge this instrument and, in such instance, the City shall
take such necessary action to do so and this Declaration and Agreement shall terminate.
8. Any notice, demand, request, consent, approval, communication either party
desires or is required to give to the other party or any other person shall be in writing and either
served personally or sent by prepaid, first class mail to the address set forth below. Either party
may change its address by notifying the other party of the change of address in writing. Notice
shall be deemed communicated forty eight (48) hours from the time of mailing if mailed as
provided in this Section.
To "City":
THE CITY OF LA QUINTA
R O. Box 1504
La Quinta, CA 92247
Attn: Community Safety Manager
To "Declarant":
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9. This Declaration and Agreement contains all of the agreements of the parties and
all previous understandings, negotiations and agreements are integrated into and superseded by
this Declaration and Agreement.
10. This Declaration and Agreement may be amended at any time by the mutual
consent of the parties by an instrument in writing signed by both parties.
11. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or
sections contained in this Declaration and Agreement shall be declared invalid or unenforceable
by a valid judgment or decree of a court of competent jurisdiction, such invalidity or
unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or
sections of this Declaration and Agreement which are hereby declared as severable and shall be
interpreted to carry out the intent of the parties hereunder.
12. The persons executing this Declaration and Agreement on behalf of the parties
hereto warrant that they are duly authorized to execute this Declaration and Agreement on behalf
of said parties and that by so executing this Declaration and Agreement the parties hereto are
formally bound to the provisions of this Agreement.
13, This Declaration and Agreement shall be binding upon and shall inure to the
benefit of the parties hereto and their respective heirs, personal representatives, successors, and
assigns.
14. In performing of its obligations and duties under this Agreement, each party shall
comply with all applicable local, state, and federal laws, regulations, rules, and ordinances.
15. In the event any action is brought between the parties hereto relating to this
Declaration and Agreement or the breach thereof, the prevailing party in such action shall be
entitled to recover from the other party reasonable expenses, attorneys' fees and costs in
connection with such action or proceeding.
16. The parties hereto acknowledge and agree that each has been given the
opportunity to independently review this Declaration and Agreement with legal counsel, and/or
has the requisite experience and sophistication to understand, interpret and agree to the particular
language of the provisions of the Declaration and Agreement. In the event of a controversy or
dispute between the parties concerning the provisions herein, this document shall be interpreted
according to the provisions herein and no presumption shall arise concerning the draftsperson of
such provision.
17. This Declaration and Agreement is to be governed by the laws of the State of
California.
IN WITNESS THEREOF, the undersigned have executed this Declaration and
Agreement as of the date first written above.
"Declarant"
,G 0, CAMARGO
J
"City"
CITY O LA QUIRTA
APPROVED AS TO FORM:
RUTAN U KER,LLP
Noam D zm
Deputy City Attorney
State of California 1
) ss.
County of Riverside 1
On 1= Y/C;O09 before me, Phyllis Manley, Notary Public,
personally appeared Thomas P. Genovese who proved to me on the basis of
satisfactory evidence, 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal. (Seal)
nlyure MAHM
Camiuibn r 1697"6
Nobly AaNe • CaMomb
WOW" county
qff1MyCcMn. B000 I16.201
State of California
County/ of Riverside
On a/+1 /aoa 9 before me, Notary Public, personally
appeared &-a. Qa.-na� 4,p� whop vro ed t—o�he on the basis of satisfactory
evidence, to be a person(s) wh6se name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s) or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal. (Seal)
N+rtus et�r
n n CenrHWon i 1s97Ns
..x.rti Naar ri+e�e • coo
gnature of Nota Public
alkWCO-
6OMtOC116,201
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 20 in Block 196 of Santa Carmelita at Vale La Quinta Unit No. 19, as shown by Map
on file in Book 19, pages 33 and 34 of Maps, Riverside County Records;
EXHIBIT `B"
RESIDENTIAL SAFETY INSPECTION CORRECTION LIST
[INTENTIONALLY LEFT BLANK - SEE ATTACHED LIST]
T-itf 4 4 a"
P.O. Box 1504
LA QUINTA, CALIFORNIA 92247-1504
78-495 CALLE TAMPICO
LA QUINTA, CALIFORNIA 92253
BUILDING & SAFETY DEPARTMENT
(760)777-7012
FAX (760) 777-7011
RESIDENTIAL SAFETY INSPECTION CORRECTION LIST
INSPECTION DATE: November
17, 2008 DESCRIPTION: Unpermitted, converted
INSPECTED BY: Greg Butler l124/t8 garage
TITLE: Building & Safety Manager OWNER: Ageda Camargo
ADDRESS: 53800 Avenida Montezuma CASE #: 06-1435
This structure has been visually inspected for compliance with the 2007 California Building, Mechanical,
Electrical, Plumbing, and Energy Codes, and the City of La Quinta Municipal Code. No destructive investigation
was undertaken. Wiring, plumbing, insulation, and any other materials concealed in wall or ceiling spaces were not
observed at this inspection.
OBSERVED DEFICIENCIES:
1) Provide permanently installed heating equipment capable of maintaining an indoor temperature of 69OF at a
point of 3 feet above the floor. (CBC § 1204.1)
ELECTRICAL
1) Provide Ground Fault Circuit Interrupter protection for receptacles in bathrooms. (CEC §210.8(A)(1))
2) Provide Ground Fault Circuit Interrupter protection for receptacles serving wet bar sink where the receptacle is
located within 6 feet of the outside edge the sink. (CEC §210.8(A)(7))
3) Provide Arc -Fault Circuit Interrupter protection for all circuits supplying 125-volt, single phase, 15- and 20-
ampere outlets in bedrooms. (CEC §210.12(B))
4) Provide cover plate on bedroom receptacle on south wall, near the western end.
5) Provide access to inspect and verify electrical sub -panel installation, including the following elements:
a) Service panel and its ampacity;
b) Grounding size, location and method;
c) Sub -panel ampacity;
d) Conduit size from service panel to sub -panel;
e) Number of conductors, their size, material, and insulation type.
(CEC Articles 215, 220, 230, 240, 250 and 310)
END OF CORRECTION LIST
Residential Correction List Page I of 1
EXHIBIT "C"
HOLD HARMLESS AGREEMENT
[INTENTIONALLY LEFT BLANK - SEE ATTACHED AGREEMENT]
HOLD HARMLESS AGREEMENT
THIS HOLD HARMLESS AGREEMENT (the "Agreement") is entered into as of
J"Vk"a, 17'' 12009, by and between AGEDA CAMARGO, an individual
("Camargo"), and the CITY OF LA QUINTA, a municipal corporation ("City").
WHEREAS, Ms. Camargo is the owner of that certain real property located in the City of
La Quinta, County of Riverside, State of California with a physical address of 53800 Ave
Montezuma ("Property"); and
WHEREAS, the City has been pursuing a code enforcement case against Ms. Camargo
for a garage that was converted into a living area without the required permits. After an
administrative effort, the City filed a criminal action against Ms. Camargo for violations related
to the converted garage. The criminal case was filed in Riverside Indio Court, Indio Division,
bearing a case number of INM183280; and
WHEREAS, the City has agreed, pursuant to the provisions of the Declaration of
Covenants, Conditions and Restrictions dated January IZ, 2009, which has been recorded
against the Property ("Declaration"), to dismiss the criminal case in exchange for Ms. Camargo
agreeing to bring the garage into compliance with all applicable laws, regulations, and standards
within a three (3) year period; and
WHEREAS, the parties hereto agree that in the event that the converted garage causes
property damage and/or injury to person, or there are other needs to take action thereon, during
the later of the three (3) year compliance period or until such time as all the work is approved by
the City, Ms. Camargo shall hold the City harmless and indemnify the City against any and all
related damages as set forth below.
NOW THEREFORE, IN CONSIDERATION OF THE ABOVE PREMISES AND THE
COVENANTS SET FORTH BELOW, THE PARTIES HERETO AGREE AS FOLLOWS:
Section 1. The parties acknowledge that the foregoing recitals are true and correct
and are incorporated herein by this reference.
Section 2. Ms. Camargo shall defend, indemnify, and hold the City and its officers,
employees, and agents ("City Indemnitees") free and harmless from any and all of claims, causes
of action, obligations, losses, liabilities, judgments, damages, including reasonable attorneys fees
and costs of litigation (collectively "Claims") arising out of and/or in any way relating to the
converted garage. The duty of Ms. Camargo to indemnify and hold the City harmless as stated
herein shall not apply for Claims resulting directly from the sole active negligence or willful
misconduct of the City Indemnitees. In the event the City Indemnitees are made a party to any
action, lawsuit, or other adversarial proceeding in any way involving such Claims, Ms. Camargo
shall provide a defense to the City Indemnitees, or at the City's option, reimburse the City
Indemnitees on an ongoing monthly basis their costs of defense, including attorneys' fees,
incurred in defense of such Claims. In addition, Ms. Camargo shall be obligated to promptly pay
any final judgment or portion thereof rendered against the City Indemnitees.
975/015610-0015
9818090 a01/08/09
Section 3. The parties hereto specifically acknowledge that this Agreement will be
recorded in Official Records of the County of Riverside as an exhibit to the Declaration.
Section 4. Any notice, demand, request, consent, approval, communication either
party desires or is required to give to the other party or any other person shall be in writing and
either served personally or sent by prepaid, first class mail to the address set forth below. Either
party may change its address by notifying the other party of the change of address in writing.
Notice shall be deemed communicated forty eight (48) hours from the time of mailing if mailed
as provided in this Section.
To "City":
THE CITY OF LA QUINTA
P. O. Box 1504
La Quinta, CA 92247
Attn: Community Safety Manager
To "Declarant":
�-3PvD A✓� Mc„4-47-wme
<h QN;„fig, cfl `1 2253
Section 5. This Agreement contains all of the agreements of the parties and all
previous understandings, negotiations and agreements are integrated into and superseded by this
Agreement.
Section 6. This Agreement may be amended at any time by the mutual consent of the
parties by an instrument in writing signed by both parties.
Section 7. In the event that any one or more of the phrases, sentences, clauses,
paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by
a valid judgment or decree of a court of competent jurisdiction, such invalidity or
unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or
sections of this Agreement which are hereby declared as severable and shall be interpreted to
carry out the intent of the parties hereunder.
Section 8. The persons executing this Agreement on behalf of the parties hereto
warrant that they are duly authorized to execute this Agreement on behalf of said parties and that
by so executing this Agreement the parties hereto are formally bound to the provisions of this
Agreement.
Section 9. This Agreement shall be binding upon and shall inure to the benefit of the
parties hereto and their respective heirs, personal representatives, successors, and assigns.
975/015610-0015
981809.01 a01/08/09
Section 10. In performing of its obligations and duties under this Agreement, each
party shall comply with all applicable local, state, and federal laws, regulations, rules, and
ordinances.
Section 11. In the event any action is brought between the parties hereto relating to
this Agreement or the breach thereof, the prevailing party in such action shall be entitled to
recover from the other party reasonable expenses, attorneys' fees and costs in connection with
such action or proceeding.
Section 12. The parties hereto acknowledge and agree that each has been given the
opportunity to independently review this Agreement with legal counsel, and/or has the requisite
experience and sophistication to understand, interpret and agree to the particular language of the
provisions of the Agreement. In the event of a controversy or dispute between the parties
concerning the provisions herein, this document shall be interpreted according to the provisions
herein and no presumption shall arise concerning the draftsperson of such provision.
Section 13. This Agreement is to be governed by the laws of the State of California.
IN WITNESS THEREOF, the undersigned have executed this Agreement as of the date
first written above.
"Declarant"
Ef' �' - I
NWAJ
:R•
"City"
CITY F LA QtftNTA
APPROVED AS TO FORM:
RUTA TUC R,LLP
Noam m
Deputy City ttomey
975/015610-0015
981809 01 .01/08/09
State of California
County of Riverside
On 80/4/( -ao9 before me, Notary Public, personally
appeared at... who proved to Yhe on the basis of satisfactory
evidence, to be a person(s) Aose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s) or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal. (Seal)
Sighature of Notary Public
PHYLLIS MANLEY
C.ormWtlon i 1697796
Notary Kaft - caftmia
RWW*l r county
MYPomm.E�Od16.201
P N"7%
.
State of California ►
► ss.
County of Riverside ►
On C A A-4.0 before me, Phyllis Manley, Notary Public,
personally appeared Thomas P. Genovese who proved to me on the basis of
satisfactory evidence, 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(Seal)