Stevens Trust - Indemnification & Release Agrmt re 58200 AlmonteRECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of La Quinta
787495 Calle Tampico
La Quinta, California 92253
Attention: City Clerk
DOC # 2020-0115734
03/12/2020 12:53 PM Fees: $0.00
Page 1 of 7
Recorded in Official Records
County of Riverside
Peter Aldana
Assessor -County Clerk -Recorder
"This document was electronically submitted
to the County of Riverside for recording"
Receipted by: TERESA #134
(Space Above For Recorder's Use)
EXEMPT FROM RECORDERS FEES PURSUANT TO
GOVERNMENT CODE SECTIONS 6103 AND 27383.
INDEMNIFICATION AND RELEASE AGREEMENT
This Indemnification and Release Agreement ("Agreement") is made as of
�k \i , 2020, between Gerald James Stevens and Janine Lee Stevens, Trustees
of the Gerald James Stevens and Janine Lee Stevens Living Trust dated April 25, 2000 ("Owner"),
the owner of that certain real property more particularly described in -Exhibit A attached hereto
and incorporated herein by reference, any and all improvements thereon including but not limited
to a proposed residence, and located at the addresses commonly referred to as 58-200 Almonte,
La Quinta, CA 92253 ("Property"), and the City of La Quinta, a California municipal corporation
and charter city ("City" and, collectively, herein referred as the "Parties").
RECITALS
A. On or about May 8, 2019, Owner and Essi Shahandeh dba Essi Engineering ("Essi")
entered into a contract for Essi to provide Owner with civil engineering services for the Owner
relating to improvements to the Property (the "Owner/Essi Contract"). Pursuant to the Owner/Essi
Contract, Essi was to perform the agreed upon scope of work, including but not limited to a
boundary and topographic survey, precise grading, drainage and paving plans, as well as as -built
plans and final grading certification for a single family residential construction improvement
project located at the Property. 11
B. As of the date of this Agreement, Essi has provided a majority of the agreed upon
services to Owner; however, during design phase and as part of design renderings, Essi and Owner
proposed a deviation from the City's specifications related to the City's minimum requirement for
a controlling pad elevation based upon a minimum of one foot above the high controlling top of
curb grade, whether existing or future.
C. Owners have been fully informed about the risk of potential off -site flows and/or
water damage that could occur in the future that may inundate the Property, including any
improvements thereon. However, for architectural design/aesthetic reasons and cost issues,
Owners are willing, on behalf of themselves and any and all successors -in -interest to the Property,
to assume 100% of that risk and do not want to raise the pad elevation on the Property.
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DOC #2020-0115734 Page 2 of 7
D. So that Essi may complete their scope of work and approve and provide the final
grading certification to the City for the Property, the Owner has agreed to memorialize their
assumption of the risk and to indemnify, defend, and hold harmless the City, and any and all of
its successors -in -interest or assignees, from any liability related to potential off -site flows and/or
water damage to the Property, including but not limited to any future water flow from or off of
Avenue 58, as more particularly set forth in this Agreement.
AGREEMENT
THEREFORE, in consideration of the promises and conditions set forth in this
agreement, the Parties agree as follows:
1. The Recitals set forth above are true and correct and are incorporated herein by this
reference and serve as a substantive part of this Agreement.
2. Owner shall indemnify, protect, defend (with counsel of City's choosing), and hold
harmless the City (and any and all of its affiliated boards and commissions, officials, employees,
and agents (collectively the "Indemnified Parties")) from and against any alleged or actual
losses, liabilities, claims, demands, damage or injury to the Property, to Owner (including its
successors -in -interest to any interest in the Property), to any other person or entity on the
Property, or to any personal or tangible property on the Property (including but not limited to any
vehicle or furniture, fixtures, or equipment), arising from or otherwise relating to the design,
construction, maintenance, and use of any improvements (including but not limited to a
residence) being situated less than one foot above the top of the high curb grade adjacent to the
Property (generally referred to as "Owner's Indemnification Obligation".). The Owner's
Indemnification Obligation expressly includes, but is not limited to, any and all damage or injury
alleged to be or actually relating to any flooding, off -site flows and/or water damage, or any
other matter or incident on the Property, arising from or otherwise relating to any improvements
(including but not limited to a residence) being situated less than one foot above the top of the
high curb grade adjacent to the Property. The Owner's Indemnification Obligation expressly
applies if any alleged or actual damage or injury is sustained by any guest, invitee, agent,
employee, servant, or authorized or unauthorized person (including a trespasser) on the Property,
with or without Owner's knowledge. The Owner's Indemnification Obligation includes, but is
not limited to, sums paid or liability incurred in settlement of and expenses paid or incurred in
connection with any administrative and/or judicial claims, suits or judgments under any litigation
and/or arbitration expenses and/or awards paid or incurred in attempting to settle litigation or in
recovering or in attempting to recover losses or expenses paid or incurred thereby, including but
not limited to incidental and consequential damages, court costs, attorneys' fees, litigation
expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and
costs of investigation.
3. In consideration for the agreements as set forth herein, the Owner, on behalf of
themselves and their heirs, successors, assigns, insurers, lenders, lien holders, attorneys, agents,
and other representatives do hereby release the Indemnified Parties from any and all claims,
actions and causes of action, obligations, liabilities, indebtedness, breaches of duty, claims for
698/015610-0002 -2-
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DOC #2020-0115734 Page 3 of 7
injunctive and other equitable relief, suits, liens, losses, costs or expenses, including attorney's
fees, of any nature whatsoever, known or unknown, fixed or contingent, including but not limited
to inverse condemnation, alleged to be, arising out of, based upon, or relating to any and all of
the claims covered under the Owner's Indemnification Obligation, including but not limited to
any flooding, off -site flows and/or water damage, or any other matter or incident on the Property
relating to any -improvements (including but not limited to a residence) being situated less than
one foot above the top of the high curb grade adjacent to the Property (the "Release"). By
releasing and forever discharging claims both known and unknown as above provided, the
Owner expressly waives any rights under California Civil Code section 1542, which provides:
"A GENERAL RELEASE DOES NOT EXTEND TO
CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR
SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE
TIME OF EXECUTING THE RELEASE WHICH IF
KNOWN BY HIM OR HER MUST HAVE MATERIALLY
AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR."
The Owner, for themselves and for any and all successors -in -interest, expressly accept 100% of
any risk of loss and thereby waive and relinquish any rights and benefits that they have or may
have under section 1542 of the Civil Code of the State of California.
4. This Agreement shall be recorded in the Official Records of the County of Riverside.
The covenants set forth herein shall run with the land, and the burdens thereof shall be binding
upon each and every part of the Property and upon the Owner, its administrators, executors,
assigns, heirs, and any other successors in interests, including any homeowners association, in
ownership (or any interest therein), for the benefit of the City and any and all City -owned real
property, including Avenue 58, and City's storm drains and each and every part thereof and said
covenants shall inure to the benefit of and be enforceable by, the City, its successors and assigns
in ownership of each and every part of the streets and storm drains.
5. Except and unless amended and/or modified in writing, this Agreement shall be and
remain in all respects valid and in effect, unmodified and unchanged. This Agreement may be
executed in any number of counterparts and each such counterpart shall be deemed to be an
original, but all such counterparts shall together constitute but one and the same Agreement.
[signatures on next page]
698/015610-0002 -3-
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DOC #2020-0115734 Page 4 of 7
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date set forth
and written above.
Date: —�-1 A X C 1 20 2�
Date: 1, V rcz7( 920 2-0
Date: J�a�1\ �� , 20
ATTEST:
Monika Rade a, Ci lerk
APPROVED AS TO FORM
By: 6c�`:�•G.
William H. Ihrke, City Attorney
6981015610-0002
14758846.2 a02124120
es, tevens�
OF LA QUINTA
Jo434efkillen, City Manager
DOC #2020-0115734 Page 5 of 7
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California
County of Riverside
On M arch �(,, ZO ZG , before me, 'ArGhA?' ( �d Vii
(insert name and title of the officer)
Notary Public, personally appeared 7ocni n it ' C G 5 h6-V015
who proved to me on the basis of `satisfaetory evidence'to be the persons) whose name( is/arcr
subscribed to, the within instrument and acknowledged to me that4te/she/t1Ie3� executed the same
in hi/h r/their authorized capacity(ies);.-and that by 19$/hWtAjaii signature(6) on the instrument
the person((), 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 m hand and official seal. • MICHAELTORRES
y ""'" Notary Public - California z
? G• Riverside County Y
Commission N 2295040
r Ca Expires Jun 25, 2023
Si' gn
ature
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy„ or validity of that document.
State of California
County of Riverside
On f4 airGA ' '.2U _ ; before me, ' wr,0_ ,
(insert name and title of the officer)
Notary Public, personally appeared C� &r& 1 Sep r►iGS Sf fren5
who proved to me on the basis of satisfactory evid(4 ence to be, the personwhose names) isLa�e
subscribed to the within instrument and acknowledged to me that he/swkky executed the same
in his/hwftheir authorized capacity(.ies}; and that by hi&letldieir signature(s) on the instrument
the p son.( }, or the entity upon behalf of which. the persons} acted, .executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct. _ __
MICHAELTORRES
WITNESS m hand and official seal. Notary Public - California x'
y 2, : Riverside County s;
Commission a 2295040
My Comm. Expires Jun 25, 2023
Signature, Se
698/015610-0002 _ rj-
14758846.2 a02/24/20
DOC #2020-0115734 Page 6 of 7
NOTARY ACKNOWLEDGMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document, to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California )
County of Riverside )
On March 11, 2020 before me, MONIKA RADEVA, Notary Public,
personally appeared JON McMILLEN who proved to me on the basis of
satisfactory evidence to be the personfo whose namefo is/ar-e
subscribed 'to the within instrument, and acknowledged to me that
he/she/they executed the same in his/heythei authorized
capacity(ies), and that by hisjhe it signature{} on the instrument
the person{s�,- 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.
Signature:
MONIKA RAOEVA
Notary Public - California
-: Riverside County i
z Commission # 2168979
M D
Comm. Expires Oct 22, 2020
(notary seal)
DOCUMENT:
Indemnification and Release Agreement dated March 11, 2020, between
Gerald James Stevens and Janine Lee Stevens, Trustees of the Gerald
James Stevens and Janine Lee Stevens Living Trust dated April 25, 2000
("Owners"), and the City of La Quinta, for certain real property located at
58200 Almonte, La Quinta, CA 92253
DOC #2020-0115734 Page 7 of 7
EXHIBIT A
Legal Description and APN
THAT PORTION - OF THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 27, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO
MERIDIAN, IN THE CITY OF LA QUINTA, LOCATED IN THE STATE OF CALIFORNIA,
COUNTY OF RIVERSIDE, CITY OF LA QUINTA AS SHOWN BY UNITED STATES
GOVERNMENT SURVEY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SAID SECTION;
THENCE EASTERLY, ALONG THE NORTHERLY LINE OF SAID NORTHEAST
QUARTER OF THE NORTHEAST QUARTER, 160.3 FEET, TO A POINT 1165.6 FEET
WEST OF THE NORTHEAST CORNER OF SAID SECTION 27;
THENCE AT A RIGHT ANGLE SOUTHERLY 651 FEET;
THENCE AT A RIGHT ANGLE WESTERLY 157.1 FEET; MORE OR LESS, TO THE
WESTERLY LINE OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER
OF THE NORTHEAST QUARTER;
THENCE NORTHERLY ALONG SAID WESTERLY LINE 651 FEET TO THE POINT OF
BEGINNING
APN: 764-180-001
698/015610-0002
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