2012 LQ Investors - Storm Water Mgmt BMP 2012-003RECORDING REQUESTED BY
AND WHEN RECORDED 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.
APN: 643-200-033
DOC # 2012-0603553
12/12/2012 08:00R Fee:NC
Page 1 of 10
Recorded in Official Records
County of Riverside
Larry W. Ward
Assessor
y Clerk & Recorder
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STORM WATER MANAGEMENTBMP
FACILITIES AGREEMENT NO.2012-003 !!i9
072
City of La Quinta, Riverside County, California
THIS AGREEMENT, is made and entered into this A�- day of JU N E 201Z-, by
and between La Quinta Investors, L.P., hereinafter called the "Landowner," and the City of La
Quinta, California, hereinafter called the "City."
RECITALS
WHEREAS, the Landowner is the owner of certain real property described as Adjusted
Parcel 2 of Lot Line Adjustment No. 2002-374 as recorded by deed in the land records of
Riverside County, California, per Instrument No. 2002-392979 recorded on July 18, 2002,
hereinafter called the "Property," and more particularly and legally described in Exhibit "A"
attached hereto and made a part hereof by this reference; and
WHEREAS, the City is the owner of Washington Street and Caleo Bay Drive and its
storm drains that are adjacent to the Property, and
WHEREAS, the City is subject to the .Riverside Countywide Natioinal Pollutant
Discharge Elimination System ("NPDES") Municipal Stormwater Permit issued by the State
Water Resources Control Board - Colorado River Region No. 7 ("NPDES Permit"); and
WHEREAS, 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, fund the
perpetual maintenance of those devices, and enter into an agreement with the City stating that the
landowner, his 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
WHEREAS, the Landowner is proceeding to build on and develop the Property; and
2479/015610-0002
1015111.03 a05M/12
WHEREAS, the Site Plan/Improvement Plan/Subdivision Plan known as La Quinta
Memory Care Facility (hereinafter called the "Plan"), as approved or to be 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
WHEREAS, the Ordinance requires the proper operation and maintenance of the BMP
facilities constructed on the Property; and
WHEREAS, 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 Landowner; and
WHEREAS, the City and the Landowner, on behalf of itself and its successors, heirs and
assigns, including any homeowners/property association, 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, manholes, storm drain pipes, retention basins, storm filter, and inlet/outlet structures) be
constructed and maintained by the Landowner, its successors, heirs, and assigns, including, but
not limited to, any homeowners/property association; and
WHEREAS, this Agreement memorializes the Landowner's maintenance, operations,
and inspection obligations under the City's Ordinance and the approved Plans.
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
Landowner, its successors, heirs, and assigns, in accordance with the plans and specifications
identified in the Plan.
2. The Landowner, its successors, heirs, and assigns, including any
homeowners/property association, shall adequately maintain the BMP facilities, 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, storm filter, 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.
3. The Landowner, its successors, heirs, and assigns, shall annually inspect the BMP
facilities described above by March of each year and shall submit an inspection report annually
to the Public Works Department by April 1 st 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, etc. Deficiencies shall be clearly
noted in the inspection report.
4. The Landowner, 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 inspection is to follow up on reported deficiencies and/or to respond
2479/015610-0002
10ISI 1103 a05108/12 -2-
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
Landowner, 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 Landowner, its successors, heirs, and assigns, fails to maintain the
BMP facilities 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 landowner, 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 Landowner 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
Landowner, its successors, heirs, and assigns, including any homeowners/property association
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.
6. The Landowner, 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.
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 Landowner, its successors, heirs, and assigns, shall promptly reimburse the City
upon demand for all costs incurred by the City in taking such action. The City will provide the
Landowner, its successors, heirs, and assigns, with an itemized invoice of the City's costs and
the Landowner shall pay the invoice within thirty (30) days. If the Landowner, 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 Landowner.
8. This Agreement imposes no liability of any kind, whatsoever on the City. The
Landowner, 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 Property Owner 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. The Landowner, its successors, heirs,
2479JO15610-0002
1015111.03 a05108112 -3-
and assigns, shall maintain liability insurance specifically covering the BMP facilities and the
City.
9. The Landowner, 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. Goverage for an addifionM insured shMl not be limited to its viearietts4iabiHtr.
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 Landowner 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 Landowner's maintenance,
operations, and inspection obligations under the City's Ordinance and the approved Plans.
Proof of compliance with these insurance requirements, consisting of
endorsements and certificates of insurance, shall be delivered to City prior to execution of this
Agreement, and on an annual basis thereafter for the term of this Agreement.
10. 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 Landowner, its administrators,
executors, assigns, heirs, and any other successors in interests, including any
homeowners/property association, in ownership (or any interest .therein), for the benefit of
Washington Street and Caleo Bay Drive 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
2479/015610-0002
1015111.03 a05/08/12 -4-
WITNESS the following signatures and seals:
ATTEST:
BY:���
Name+ %c «,-k-') Cw\duQ1I
Please Print
'Title: 11p� a✓ �-1 i'wlJ I i L
Notary must attach an "All -Purpose
Acknowledgement"
ATTEST:
By: 544--�
Susan Maysels, Interim 6ity Clerk'
OWNER 1 j
By: �l�Jl Name: Capes
Please Print W. Cody Erwin
Title: meuv.4�sZ�
Managing Member, La Quinta Investors, L.P.
STATE OF WASHINGTON
PATRICIA D CALDWELL
My Appointment Expires Nov.01, 2012
LA
Frank J. SC
vac'eCity Manager
City of La Quinta, California
APPROVED AS TO FORM:
c...aby' •• �-r
M. Katherine Jenson
City Attorney, City of La Quints.
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.
2479/015610-M2
1015111.03 2DL30/12 -5-
WTPNESS the following signatures and seals:
ATTEST:
- • - --By/teC�iLCiI�X..�Q.. _
Name:
Please Print
Title: flo��.ru P�.,ijI1L
Notary must attach an "All -Purpose
Aclmowledgemeat"
ATTEST:
OWNER
By: �j 0
Name: • c� C.Awte-j
Please Print W. Cody Erwin
IFV • _W_�
Managing Member, La QuintaZInvestors, L.P.
----------
NOTA&VUBLIC
STATE OF WASHINGTON
PATRICIA D CALDWELL
My AppointmeM Exp1m Km 01, 2012
CITI F LA IJINTA
Frank J. 'vice City Manager
City of La Qumta; California
APPR D AS TO FORM:
BY.,
Susan Maysels, Interim ity Clerk
- - - - — - M. atherine a -�
City. Attorney, ty of La Quinta
i
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.
247Mi5610* :
1015111.w.ovma: -5-
State of-Cali€emis
County of Riverside C\w C�
On y I I� IaO�a before me,
C�\a� e11
(insert name and title of the officer)
Notary Public, personally appeared LZ) Q-jz::, d� k t--\
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/am
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 'ni th t
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signatuc
State of California
County of Riverside
NOTARY PUBLIC
STATE OF WASHINGTON
PATRICIA D CALDWELL
My Appointment" Nov.01, 2012
On J Iu E I (, 2p 12 before me, SG(5 A
(inert ant title ofthe officer)
name
Notary Public, personally appeared FRAM k .� SPAJAG� k
who proved to me on the basis of satisfactory evidence to be the person(o) whose name(#) is/W
subscribed to the within instrument and acknowledged to me that he/s}tv* y executed the same
in his/ m4heir authorized capacity(4ee), and that by his/ker/tlwir 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
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
IM
3479A15610-0002
1013111.03 003/30/12 -6-
laws of the State of California that
SUSAN MAYSELS
COMM. #1844479 x
NOTARY PUBLIC a CAUFORN A21
RMSIDE COUNTY
Corrilm ioo APR 13, tots +
(Seal)
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY:
THE LAND REFERRED TO IN THIS COMMITMENT IS SITUATED IN THE CITY OF LA QUINTA, COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
ADJUSTED PARCEL 2, OF LOT LINE ADJUSTMENT LLA NO. 2002-374, IN THE CITY OF LA QUINTA, COUNTY
OF RIVERSIDE, STATE OF CALIFORNIA, RECORDED JULY 18, 2002, AS INSTRUMENT NO. 2002-392979, OF
OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 2 TOGETHER WITH THAT PORTION OF PARCEL 3 OF PARCEL MAP 27892 ON FILE IN BOOK 182 OF
PARCEL MAPS AT PAGES 63 THROUGH 66, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID PARCEL 2; THENCE NORTH 000 23' 00" WEST
ALONG THE WESTERLY LINE OF SAID PARCELS 2 AND 3 A DISTANCE OF 361.73 FEET; THENCE NORTH 89-
31' 06" EAST A DISTANCE OF 345.47 FEET TO A POINT ON THE EASTERLY LINE OF SAID PARCEL 3 AND
THE BEGINNING OF A NON -TANGENT CURVE, (THE BEGINNING RADIAL BEARS SOUTH 64- 00' 47" WEST);
THENCE SOUTHEASTERLY ALONG THE EASTERLY LINE OF SAID PARCEL 3, ALONG A CURVE CONCAVE
NORTHEASTERLY HAVING A RADIUS OF 330.00 FEET THROUGH AN ANGLE OF 180 13,18" AN ARC
LENGTH OF 104.95 FEET; THENCE SOUTH 44.12' 31" EAST ALONG THE EASTERLY LINE OF SAID PARCEL 3
A DISTANCE OF 101.03 FEET; THENCE CONTINUING ALONG THE EASTERLY LINE OF SAID PARCEL 3 AND
PARCEL 2 SOUTHEASTERLY ALONG A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 220.00
FEET THROUGH AN ANGLE OF 430 43' 37" AN ARC LENGTH OF 167.90 FEET; THENCE CONTINUING
ALONG THE EASTERLY LINE OF SAID PARCEL 2 SOUTH 00" 28' 54" EAST A DISTANCE OF 50.64 FEET,
THENCE SOUTH 890 31' 06" WEST ALONG THE SOUTHERLY LINE OF SAID PARCEL 2 A DISTANCE OF
536.31 FEET TO THE POINT OF BEGINNING.
APN: 643-200-033
RESOLUTION NO. 2010 - 075
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, AUTHORIZING THE CITY
MANAGER TO EXECUTE STORM WATER
MANAGEMENT/ BMP FACILITIES AGREEMENTS
WHEREAS, under the City's National Pollutant Discharge Elimination System
(NPDES) permit, certain development projects are required to submit a project -
specific Water Quality Management Plan (WQMP) for review and approval; and
WHEREAS, one of the requirements of the WQMP is to address the operation
and perpetual maintenance for all of the Best Management Practices (BMPs)
identified in the WQMP; and
WHEREAS, BMPs are the practices, procedures, policies, prohibitions,
schedules of activities, structures or devices that are implemented to prevent or
minimize pollutants coming in contact with precipitation, storm water runoff, or
non -storm water flows. BMPs are also structures or devices that remove pollutants
from storm water runoff before the runoff enters a storm water drainage system or
surface water; and
WHEREAS, the Storm Water Management/BMP Facilities Agreement
recorded with the County Recorder is a mechanism used to guarantee the perpetual
operation and maintenance of the BMPs; and
WHEREAS, the execution of these agreements is expected to be routine in
nature.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La
Quinta, California, as follows:
1. Adopt a Resolution of the City Council authorizing
the City Manager to execute the Storm Water
Management/BMP Facilities Agreements subject to
minor modifications as approved by the City
Attorney and City Manager.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quints
City Council held on this 21" day of December, 2010, by the following vote:
Reeolutlon Me. 2010-075
Authorizing the Cky Manager to Execute Agreements
For Storm Water ManagementlBMP FecMd"
Adopted: December 21, 2010
Page 2
AYES: Council Members Evans, Franklin, Henderson, Mayor Adolph
NOES: Council Member Sniff
ABSENT: None
ABSTAIN: None
DON4ADP4Hyor
City of La Quints, California
ATTEST:
CMC, City
City of ta Quints, Cal
(CITY SEAL)
APPROVED AS TO FORM:
iljeLl
M. IkAAHERINE VE90N, City Attorney
City of La Quints, California