2011 Roman Catholic Bishop - Storm Water Mgmt BMP 2011-001( E-. �VJV� 0,,W % )
RECORDING REQUESTED BY
AND WHEN RE.CORDED RETURN TO:
City of La Quinta
City Clerk
P.O. Box 1504-
78-495 Calle Tampico
La Quinta, CA 92253-1504
EXEMPT FROM RECORDERS FEES PURSUANT TO
GOVERNMENT CODE SECTIONS 6103 AND
27383.
DOC # 2011-0159642
04/11/2012 04:41P Fee:NC
Page I of II
Recorded in Official Records
County of Riverside
Larry ti. Ward
Assessor, County Clerk & Recorder
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APN: 643-090-035 SPACE ABOVE THIS LINE FOR RECORDER'S USE
STORM WATER MANAGEMENT/BMP
FACILITIES AGREEMENT NO. 2011-001 J`2
City of La Quinta, Riverside County, California
II THIS AGREEMENT, is made and entered into this 2ZAAday of
20A, by and between the Roman Catholic Bishop of San Bernardino, hereina`Pter
called the "Diocese," and the City of La Quinta, a California municipal corporation
and charter city, hereinafter called the "City."
RECITALS
A. The Diocese is the owner of certain real property described as 47-225
Washington Street as recorded by deed in the land records of Riverside County,
California, Map Book 79 Page 59, hereinafter called the "Property," and more
particularly and legally described in Exhibit "A" attached hereto and made a part
hereof by this reference; and
B. The City has an easement over Washington Street and the storm
drains that are adjacent to the Property, and
C. The City is subject to the Whitewater River Watershed National
Pollutant Discharge Elimination System ("NPDES") Municipal Stormwater Permit
issued by the State Water Resources Control Board — Colorado River Region No. 7
("NPDES Permit"); and
D. Pursuant to the NPDES Permit and the City's Stormwater Management
and Discharge Controls Ordinance (codified as Chapter 8.70 of the La Quinta
Municipal Code:) ("Ordinance"), all new development must implement storm water
treatment devices, with the exception of the 18-inch Reinforced Concrete Pipe
(RCP) within the Basin Access shown in Exhibit "B" and as stated in the MOU, and
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two dry wells within the shared retention basin on the Southwest portion of the
property, fund the perpetual maintenance of those devices, and enter into an
agreement with the City stating that the Diocese, its successors, heirs, and
assigns, will maintain the devices, grant a right of entry to City staff for
inspections, and agree to pay the cost of such City inspections; and
E. Pursuant to the Memorandum of Understanding (MOU) between the
Diocese and the City entered upon on the 7" day of May, 2010, the Diocese shall
design and construct a shared Retention Basin as approved by the City; and
F. The Diocese is proceeding to build on and develop the Property; and
G. The WQMP Site Plan/Improvement Plan/Subdivision Plan known as
Saint Francis of Assisi Catholic Church Parking Lot, Site Development Permit 2006-
860 (hereinafter called the "Plan"), as approved by the City, provides for the
installation of permanent stormwater management and pollution prevention
measures (the "BMP facilities") within the confines of the Property; and
H. The Ordinance requires the proper operation and maintenance of the
BMP facilities constructed on the Property however, the City shall maintain the 18-
inch Reinforced Concrete Pipe (RCP) within the Basin Access shown in Exhibit "B"
and as stated in the MOU, and two dry wells within the shared retention basin on
the Southwest portion of the property; and
I. The NPDES Permit, the Ordinance, and the development conditions of
approval require that the BMP facilities, as shown on the approved Plan, be
constructed and properly operated and maintained by the Diocese; however, the
City shall maintain the 18-inch RCP within the Basin Access and, as stated in the
MOU, the City shall maintain the two dry wells within the shared retention basin;
and
J. The City and the Diocese, on behalf of itself and is successors, heirs
and assigns, agree that the health, safety, and welfare of the residents of the City
of La Quinta require that the on -site BMP facilities (catch basin, above -ground
retention basin with dry wells, manholes, storm drain pipes and outlet structures)
be constructed) by the Diocese, its successors, heirs, and assigns; and
K. This Agreement memorializes the Diocese's maintenance, operations,
and inspection obligations under the City's Ordinance and the approved Plans and
the MOU, with the exception of the 18-inch Reinforced Concrete Pipe (RCP) within
the Basin Access shown in Exhibit "B" and as stated in the MOU, and two dry
wells within the shared retention basin on the Southwest portion of the property.
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AGREEMENT
NOW THEREFORE, in consideration of the foregoing recitals, the mutual
covenants contained herein, and the following terms and conditions, the parties
hereto agree as follows:
1. The on -site BMP facilities described above shall be constructed by the
Diocese, its successors, heirs, and assigns, in accordance with the plans and
specifications identified in the Plan.
2. The Diocese, its successors, heirs, and assigns, shall adequately
maintain the BMP facilities, with the exception of the 18-inch Reinforced Concrete
Pipe (RCP) within the Basin Access shown in Exhibit "B" and as stated in the MOU,
and two dry wells within the shared retention basin on the Southwest portion of
the property, including, but not limited to, all pipes and channels built to convey
storm water to the facility, as well as all structures, catch basin inserts, above-
ground retention basins, improvements, and vegetation provided to control the
quantity and quality of the storm water. Adequate maintenance is herein defined as
good working condition so that these facilities are performing in their design
functions excluding therefrom the two dry wells within the shared retention basin
per the MOU.
2.1 City Responsibility Upon the acceptance of the shared retention basin
by the City Council and receipt from the Diocese of a Right of Entry for the shared
retention basin, the City shall maintain the 18-inch RCP within the Basin Access
and, as agreed upon in the MOU, the two dry wells within the shared retention
basin.
3. The Diocese, its successors, heirs, and assigns, shall annually inspect
the BMP facilities described above, with the exception of the 18-inch Reinforced
Concrete Pipe (RCP) within the Basin Access shown in Exhibit "B" and as stated in
the MOU, and two dry wells within the shared retention basin on the Southwest
portion of the property, by March of each year and shall submit an inspection
report annually to the Public Works Department by April 1st of each year. The
purpose of the inspection is to assure safe and proper functioning of the facilities.
The inspection shall cover the entire facilities, catch basins, berms, outlet
structure, pond areas, access roads, with the exception of the 18 inch RCP pipe
within the Basin Access and the two dry wells in the shared retention basin (per
the MOU). Deficiencies shall be clearly noted in the inspection report.
4. The Diocese, on behalf of itself and its successors, heirs, and assigns,
hereby grants permission to the City, its authorized agents and employees, to enter
upon the Property and to inspect the BMP facilities whenever the City deems
necessary to enforce the provisions of the NPDES Permit, the Ordinance or this
Agreement or is required to do so by the NPDES Permit. The purpose of such
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inspection is to follow up on reported deficiencies and/or to respond to citizen
complaints, and meet the requirements of the NPDES Permit. The City may enter
the Property at any reasonable time to inspect the BMP facilities and their
operation, to inspect and copy records related to storm water compliance, and to
collect samples and tax measurements. Whenever possible, the City shall provide
notice prior to entry. The City shall provide the Diocese, its successors, heirs, and
assigns, copies of the inspection findings and a directive to commence with any
repairs if necessary.
5. In the event the Diocese, its successors, heirs, and assigns, fails to
maintain the BMP facilities, with the exception of the 18-inch Reinforced Concrete
Pipe (RCP) within the Basin Access shown in Exhibit "B" and as stated in the MOU,
and two dry wells within the shared retention basin on the Southwest portion of
the property, in good working condition and in accordance with the NPDES Permit
and the City's ordinance, the City, upon prior notice, may enter upon the Property
and take whatever steps it deems necessary to correct deficiencies identified in any
inspection report to return the BMP facilities to good working order and charge the
costs of such repairs to the Diocese, its successors, heirs, and assigns. Nothing in
this Section 5 shall be construed to allow the City to erect any structure of
permanent nature on the land of the Diocese outside of the easement for the BMP
facilities; nor shall any provision herein be construed to impose any obligation on
the City to maintain or repair the BMP facilities. It is expressly understood and
agreed that the Diocese, its successors, heirs, and assigns, are responsible for
maintaining and repairing the BMP facilities on the Property, and the City is under
no obligation to routinely maintain or repair said facilities with the exception of the
18-inch RCP within the Basin Access and the two dry wells in the shared retention
basin per the NIOU.
6. The Diocese, its successors, heirs, and assigns, shall perform the work
necessary to keep these facilities in good working order as appropriate. In the event
a maintenance schedule for the BMP facilities (including sediment removal) is
outlined on the; approved Plan, the schedule shall be followed. In the future, the
City may adopt an annual Stormwater Inspection Fee that will be assessed to the
Property excluding the maintenance of the 18-inch RCP within the Basin Access
and the two dry wells within the retention basin (per the MOM
7. In the event the City, pursuant to this Agreement, performs work of
any nature, or expends any funds in performance of said work for labor, use of
equipment, supplies, materials, and the like, the Diocese, its successors, heirs, and
assigns, shall promptly reimburse the City upon demand for all costs incurred by
the City in taking such action excluding the maintenance of the 18-inch RCP within
the Basin Access and the maintenance of the two dry wells within the retention
basin (per the MOU). The City will provide the Diocese, its successors, heirs, and
assigns, with an itemized invoice of the City's costs and the Diocese shall pay the
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invoice within thirty (30) days. If the Diocese, its successors, heirs, and assigns,
fails to pay the invoice within thirty (30) days, the City may secure a lien against
the Property in the amount of such costs. In addition, the City may make the cost
of abatement of the nuisance caused by the failure to maintain the BMP a special
assessment against the Property that may be collected at the same time and in the
same manner as ordinary municipal taxes are collected as provided in Government
Code section 38773.5. Nothing in this Section 7 shall prohibit the City from
pursuing other legal recourse against the Diocese.
8. The Diocese, on behalf of itself and its successors, heirs, and assigns,
agrees to defend, indemnify, and hold harmless the City, its officials, employees,
and authorized agents, from any and all liability, damages, accidents, casualties,
occurrences or claims whatsoever that may arise or be asserted against the City
and which are in any way connected with the construction, operation, presence,
existence, or maintenance of the BMP facilities by the Diocese or the failure of the
same, or from any personal injury or property damage that may result from the City
or other public entities entering the Property under Section 4 or 5..
9. The City, on behalf of itself and its successors and assigns, agrees to
defend, indemnify, and hold harmless the Diocese, its officials, employees, and
authorized agents, from any and all liability, damages, accidents, casualties,
occurrences or claims whatsoever that may arise or be asserted against the
Diocese and which are in any way connected with the City's maintenance of the
18-inch RCP within the Basin Access and the two dry wells within the retention
basin per the MOU.
10. The Diocese, its successors, heirs, and assigns shall maintain liability
insurance specifically covering the BMP facilities and the City using Insurance
Services Office "Commercial General Liability" policy form CG 00 01, with an
edition date prior to 2004, or the equivalent. Coverage for an additional insured
shall not be limited to its vicarious liability. Defense costs must be paid in addition
to limits. Limits shall be no less than $2,000,000 per occurrence for all covered
losses and no less than $4,000,000 general aggregate.
The Diocese agrees to provide evidence of the insurance required
herein, satisfactory to the City, consisting of: (a) a certificate of insurance
evidencing the coverage required and (b) an additional insured endorsement to the
general liability policy. The additional insured endorsement shall expressly name
the City, its officers, and employees as additional insureds on the policy with
respect to liabilities arising out of the Diocese's maintenance, operations, and
inspection obligations under the City's Ordinance and the approved Plans and the
MOU.
Proof of compliance with these insurance requirements, consisting of
endorsements and certificates of insurance, shall be delivered to City prior to
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execution of this Agreement, and on an annual basis thereafter for the term of this
Agreement.
11. 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 Diocese, its administrators, executors, assigns, heirs, and any other successors
in interests, in ownership (or any interest therein), for the benefit of Washington
Street and its 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 Street and storm drains.
— THIS SPACE INTENTIONALLY LEFT BLANK —
SIGNATURES BEGIN ON NEXT PAGE
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1127772.02 a01/11/11 _6
WITNESS the following signatures and seals:
Please Print
Title: L) i cool- (oe"o' m 'J
Roman Catholic Bishop Diocese
ATTEST: ) of San Bernardino, California
0
Name:
Please Print
Title:
Notary must attach an "All -Purpose
Acknowledgement"
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City Clerk, City of La Quinta
(Seal)
CITY L QUINTA
By: ,�
Thomas P. Genovese
City Manager, City of La Quinta
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All signatures on this Agreement on behalf of the Owner must be acknowledged
before a Notary Public. In the event that the Owner is a corporation, the
President/Vice President and the corporate secretary of the corporation must sign
and the corporate seal must be affixed thereto.
119/015610-0002 '
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN I ERNARDINO
On February 2, 2011 before me, Yolanda Lear, Notary Public, personally appeared Gerard M.
Lopez, who proved to me on the basis of satisfactory evidence to be the persons whose names
are subscribed to the within instrument and acknowledged to me that they executed the same in
their authorized capacities, and that by their signatures on the instrument the persons, 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.
WITNESS my hand and official seal.
VOL N LEA
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Signature: `rZ`c// colssioneslon r t7a277a
�9 Nobly Public • California San Bernudhw County
My Comm'.Irn r 29 2wf
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Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Facilities Agreement
Document Date: 2/2/2011 Number of Pages: 10
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Signer's Name:
❑ Individual
❑ Corporate Officer -- Title(s):
❑ Partner -- ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner -- ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
❑ Signer is Representing:
❑ Signer is Representing:
State of California
County of Riverside
On 441,ua 2�, ZOII before me,S45AA MAV5EL5, 46-rA" 1G1$61G
(insertname and title of the officer
Notary Public, personally appeared �t�MAS C. GEP46VI5519
who proved to me on the basis of satisfactory evidence to be the person(s) whose
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.
SUSAN MAYSELS
WITNESS my hand and official seal. CoMM.#1844479 "
NOTARY PUBLIC • CALIFORNIA
g RNERS0 COUNTY
Cwv&on sAPR132013
Signature t (Seal)
State of California
County of Riverside
before me,
name and title of the officer)
Notary Public, personally appeared /
who proved to me on the basis of satisfactor"vidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in
his/her/their signatures) on the, it
of which the person(s) acted, exe
I certify under PENAL
California that the foregoinq,�
their authorized capacity(ies), and that by
ent the person(s), or the entity upon behalf
the instrument.
OF PERJURY under the laws of the State of
raoh is true and correct.
WITNESS my h4r(d and official seal.
Signature
(Seal)
119/015610-0002
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EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
THAT PORTION OF THE SOUTHWEST ONE -QUARTER OF SECTION 30, TOWNSHIP 5 SOUTH, RANGE
7 EAST, SAN BiER27ARDINO MERIDIAN, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE,
STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF PARCEL 1 OF PARCEL MAP 15772 AS SHOWN ON
MAP ON FILE IN BOOK 79 OF PARCEL MAPS, PAGES 58 AND 59, RECORDS OF RIVERSIDE
COUNTY, CA, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING;
THENCE N 89031'01" E ALONG THE NORTH LINE OF SAID PARCEL 1, A DISTANCE OF 1281.02
,FT. TO A POINT OF CUSP WHOSE RADIAL BEARING IS N 88021'23" W;
THENCE SOUTH P.LONG SAID CURVE WHOSE RADIUS IS 14545 FT. THROUGH A CENTRAL OF
01058'10" A DISTANCE OF 499.96 FT.;
THENCE S 01038'37" W A DISTANCE OF 4.63 FT. TO THE SOUTHEAST CORNER OF SAID
PARCEL 1;
THENCE CONTINLJING S 01038'37" W A DISTANCE OF 395.53 FT. TO THE BEGINNING OF A
TANGENT CURVE;
THENCE SOUTH ALONG SAID CURVE WHOSE RADIUS IS 14655 FT. THROUGH A CENTRAL ANGLE
OF 01025'H" All ARC LENGTH OF 363.15 FT.;
THENCE S 89°33.'01" W PARALLEL WITH THE NORTH LINE OF SAID PARCEL 1 A DISTANCE OF
929.45 FT.;
THENCE N--15°19'06" W A. DISTANCE OF 277.66 FT. TO THE BEGINNING OF A TANGENT
CURVE;
THENCE NORTHERLY ALONG SAID CURVE CONCAVE TO THE EAST WHOSE RADIUS IS 50.00 FT.
THROUGH A CENTRAL ANGLE OF 59"37'06" AN ARC LENGTH OF 52.03 FT.;
THENCE N 44058'25" E A DISTANCE OF 230.38 FT. TO THE BEGINNING OF A TANGENT
CURVE;
_ THENCE NORTHERLY ALONG SAID CURVE CONCAVE TO THE SOUTH WHOSE RADIUS IS 50.00 FT.
THROUGH A CENTRAL ANGLE OF 34026'39" AN ARC LENGTH OF 30.06 FT.;
THENCE N 79025'04" E A DISTANCE OF 94.53 FT. TO THE BEGINNING OF A TANGENT CURVE;
THENCE NORTHERLY ALONG SAID CURVE CONCAVE TO THE NORTHWEST WHOSE RADIUS IS 50.00
FT. THROUGH A -CENTRAL ANGLE OF 70029'30" AN ARC LENGTH OF 61.52 FT. TO A POINT OF
REVERSE CURVE;
THENCE NORTHERLY ALONG SAID CURVE CONCAVE TO THE SOUTHEAST WHOSE RADIUS IS
100.00 FT. THROUGH A CENTRAL ANGLE OF 60050'57" AN ARC LENGTH OF 106.20 FT.;
THENCE N69046'31" E A DISTANCE OF 140.17 FT.;
THENCE N 23026'24" E A DISTANCE OF 91.81 FT. TO A POINT ON THE SOUTH LINE OF SAID
PARCEL 1;
THENCE S 89031'01" W ALONG THE SAID SOUTH LINE A DISTANCE OF 819-52 FT. TO THE
SOUTHWEST CORNER OF SAID PARCEL 1;
THENCE N 00016'34" W A DISTANCE OF 504.47 FT. TO THE TRUE POINT OF BEGINNING.
SAID LEGAL DESCRIPTION IS PURSUANT TO LOT LINE ADJUSTMENT NO, 98-295.
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