2014 Tower Energy Group - Storm Water Mgmt BMP 2014-002RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of La Quinta
City Clerk
78-495 Calle Tampico
La Quinta, CA 92253
EXEMPT FROM RECORDERS FEES PURSUANT TO
GOVERNMENT CODE SECTIONS 6103 AND 27383.
DOC # 2014-0269683
07/14/2014'08:00 AM Fees: $0.00
Page 1 of 10
Recorded in Official Records
County of Riverside
Larry W. Ward
Assessor, County Clerk & Recorder
""This document was electronically submitted
to the County of Riverside for recording—
Receipted by: MRUIZ
APN(s): 773-104-035 and 773-104-036 SPACE ABOVE THIS LINE FOR RECORDER'S USE
STORM WATER MANAGEMENT/BMP
FACILITIES AGREEMENT NO.2014-002
City of La Quinta, Riverside County, California
THIS AGREEMENT, is made and entered into this 10't�-day of 520 /4- by
and between Tower Energy Group, a California Corporation., herein fter 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 describe as Parcel A of
the Certificate of Parcel Merger recorded in the land records of Riverside County, California, per
Document No. 2013-0239468, 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 Avenida Montezuma, Avenida Bermudas, and
Avenida Navarro and its stone drains that are adjacent to the Property, and
WHEREAS, the City is subject to the Riverside Countywide 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
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
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WHEREAS, the Site Plan/ Improvement Plans known as VUP 2012-045, Village Market
4912 or Tower Market ##912 (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 property association, agree that the health, safety. and welfare of the
residents of the City of La Quinta reClLnre that the on -site BMI' facilities (catch basins.
L1nclCrgr01.1nd storm \water.storaoe system, manholes, storm drain pipes and outlet structures) and
the catch basin located within the Public Ri�zht-of-way on the east side of the Avenida
MOntelulna driveway be constructed and maintained by .the landowner, its successors, heirs,
and assigns. including, but not limited to, any property association; and
Wl-IER( AS, this Agreement memorializes the Landowner's maintenance. operations.
and inspection obligations under the (:'itv's Ordinance and the approved Plans.
NOW THEREFORE in consideration of the ibrecoim, recitals, the mutual covenants
contained herein, and the following terms and conditions, the parties hereto agree as follows:
1. The on -site BMP facilities and off -site BMP facilities described above shall be
COnStRiCted by the Landowner, its sLICUSS01-S. heirs. and assigns, in accordance with the plans
and specifications identified in the flan.:
2. The Landowner, its Successors, heirs, and assigns, iilCluding any property
association, shall adequately maintain the BMP faCilitlC'S, 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, underground storm water stora4oc system, improvements, and vegetation provided to
control the quantity and quality of the storm water. Adequate maintenance is herein defined as
,rood working condition so that these facilities are performing in their design functions.
I The Landowner, its'SUCce sarS, 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 lst 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 pernlission to the City. its authori/ed agents and ernplo_YCM to enter upon the Propertv
and to inspect. the BMP facilities whenever the City deems necessary to cnibrce the provisions of
the NPDES Permit. the Ordinance or this Aur ement or is required to do so by, the NPDES
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DOC #2014-0259683 Page 3 of 10 07/14/2014 08:00 AM
• Permit. The purpose of such 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
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 or property
association are responsible for maintaining and repairing the BMP facilities on tlae 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
2479/015610-0002
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DOC #2014-0259683 Page 4 of 10 07/14/2014 08:00 AM
public entities entering the Property under Section 4 or 5. The Landowner, its successors, heirs,
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. 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 $1,000,000 per
occurrence for all covered losses and no less than $2,000,000 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 property
association, in ownership (or any interest therein), for the benefit of Avenida Montezuma,
Avenida Bermudas, and Avenida Navarro 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
24791015610-0002 _4-
101511 1.03 a07/07/14
•
•
•
WITNESS the following signatures and seals:
LANDOWNER
Tower E p California Corporation
By:
Name:
Please Print
Title: John T. Rogers, President
ATTEST:,
By: L, .3
Name: �r`�,CP5TY1�
Please Print
Notary must attach an "All -Purpose
Acknowledgement"
ATTEST:
By:
Susan Maysels
City Clerk, City of La Quinta
By: _
Name:
Title:
Energy Group, a
Print
(Seal)
OAICMELLE ROIa11lM0
Commission • 2053341
MOWy Public • Csilfomi,
RivNsldt Covmty
wow
CITY OF LA QUINTA
APPROVED AS TO FORM:
SIGNED IN Covr>TERPARr
By:
William H. Ihrke, City Attorney
City of La Quinta, California
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.
2479/015610-0002
1015111.03 a04/11/14
-5-
~ WITNESS the following signatures and seals:
LANDOWNER LANDOWNER
Tower Epp p California Corporation
By:
Name:
Please Print
Title: John T. 'Rogers, President
ATTEST: .
By: c�
Name: k 1W,5__U_& GWA b)6
Please Print
Title:
Notary must attach an "All -Purpose
Acknowledgement"
ATTEST:
SIGNED IN COUNTERPART
By:
Susan Maysels
City Clerk, City of La Quinta
Tower Energy Group, a California Corporation
go
Name:
Title:
Please Print
(Seal)
L 6WC41ELOLE Ii01d6A1�
cwmissim 12053341
IMNY PU NIC • CNNar it
RIr11" Ca"
114SA low]
CITY OF LA QUINTA
SIGNED IN COUNTERPART
By:
Frank J. Spevacek
City Manager, City of La Quinta
APPROVED AS TO FORM:
By
William H. Ihrke, City Attorney
City of La Quinta, California
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.
2479/015610-0002
1015111.03 a04/11/14
-5-
State of California
County of Riverside
On, before me, P i w Eu
(insert name and title of the officer)
�c�s
Notary Public, personally appeared �61� Q,
who proved to me on the basis of satisfactory evidence to be the person whose name is/a#e
subscribed to the within instrument and acknowledged to me that he/she4h-ey executed the same
in hisdwr t a�ized capacity(bd), and that by his/hersignature(W 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.
11
Signature
W"" M8Vy-1'-6
State of California
County of Riverside
(Seal)
MICHELLE ROMANO
Coffnfdt$W I 2053341
Notuy PUM • Callm t
Rhnrttdt Coiunry
1
On �/ Ohio-/®, aL0/ �F ,before me;�5l.Zl Ot11 anon,
W0 pob
(insert name and title of the officer) /
Notary Public, personally appeared FiQan U--
who proved to me on the basis of satisfactory evidence to be the person($) whose nameA is/Ate
subscribed to the within instrument and acknowledged to me that he/9/may executed the same
in his/* /1i9a r authorized capacity,04), and that by his/I / it signature�V) on the instrument
the person, or the entity upon behalf of which the persori(Q 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.
TERESA THOMPSON,
WITNESS my hand and official seal. Commission # 2030796 z
a _ ter' a Notary Public - California z
.0
� �� Riverside County
M Comm. Expires Jun 24. 2017
Signature (Seal)
2479/015610-0002
1015111.03 a04/11/14 -6-
0 EXHIBIT A
•
LEGAL DESCRIPTION OF PROPERTY
That certain property located in the City of La Quinta, County of Riverside, State of California,
described as follows:
Parcel "A", Certificate of Parcel Merger 2012-515, Recorded May 20, 2013,
Instrument No. 2013-0239468.
APN(s): 773-104-035 and 773-104-036
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DOC #2014-0259683 Page 9 of 10 07/14/2014 08:00 AM
EXHIBIT "A" SHEET 1 OF 1
0 CERTIFICA TE OF PARCEL MERGER NO. 20I2-5I5
•
RECORD OWNERS
EXIS77AIG PARCELS
ASSESSOR PARCEL NUMBERS
TOYYER ENERGY GROUP, A CALIFORNIA CORPORA 77ON
773-104-035
TOWER ENERGY GROUP, A CALIFORNIA CORPORATION
773-104-036
PARCEL °A'
IN THE CITY OF I QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, LOT 1, BLOCK 134, OF SANTA CARMELITA AT VALE
LA QUINTA UNIT NO, 14, RECORDED IN BOOK 18, PAGES 82 THROUGH 83 OF MAPS, OF SAID COUNTY OF RIVERSIDE, IN SEC77ON 1,
T6S, R6E, .SB.B. & M.;
TOGETHER WITH LOTS 2, 23 AND 24 OF SAID SANTA CARMEUTA AT VALE LA QUINTA UNIT NO. 14, EXCEP77NO THEREFROM
.7HE SOUTHERLY 16 FEET OF SAID LOTS 2 AND 23.
THE ABOVE DESCRIBED PARCEL A " 'CONTAINS 17, 044.4 S F. (0.39 AC., MORE OR LESS)
FOR GRAPHICAL PURPOSES SEE EXHIBIT '8D ATTACHED HERETO AND BY THIS REFERENCE MADE A PART OF.
SUBJECT TO ALL COVENANTS, CONDI7IONS, RESERVATIONS, RESTRICRONS, RIGHTS, RIGHTS OF WAY, EASEMENTS,
OR EXCEPTIONS OF RECORD, IF ANY.
\,\AµL LANo S
a
NO. 5479
Exp. 9/30/ 14
CALI
A l3OVE Q BY ITY OF LA QUINTA
xa—
othy 1 son, City Engineer
DOC #2014-0259683 Page 10 of 10 07/14/2014 08:00 AM
•
•
Mir: NOTE.'
THERE MAY BE EASEMENTS OF E �I��T �� n THIS PLAT WAS PREPARED FROM RECORD DATA AND
RECORD 021NE4U AND REF RENCED DOES NOT REPRESENT A SURVEY OF THE PROPERTY
07HE UNDERLYING MAP, OR THERE
MAY BE EASEMENTS WITHIN THE AREA l viERGER 20l2--515 SHOWN HEREON. THIS MAP HAS.BEEN APPROVED
BDNG AD.VSTED THAT ARE NOT SHOW LEGEND UPON THE EXPRESSED CONDITION THAT BUILDING
ON THIS DOCUMENT THAT COULD PERMITS SHALL NOT HE ISSUED FOR ANY DEVELOPMENT
ENCUMBER SAID PARCEL HERON. WITHIN THIS ADJUSTMENT PLAT UNTIL NECESSARY
®� EX/Sr LOT LINE TO REMAIN DEDICATIONS, IF ANY, HAVE OCCURRED.
— — — LOT LINE TO BE REMOVED
GRAPHIC SCALE
\O�p,t LANDS 40 0 20 ao
��g5 P4�,E A. l�cC CipL�
QF� 0 ( IN FEET )
NO. 5479 f inch = 40 ft.
Exp. 9/30/14
�TFOfi CAL1 F��c
L=31.48 A VENIDA MONTEZUMA L=31.42
R=20.00 R=20.00
6=9006'45° o A=8959 53"
fcn=20 04 '� Tan=20.00
N89 58'53'W 165.00'
79.96 65.04
O
POR. LOT 24 5' PU.E`— ` 5' P.U.E.
(� M.B. 18/82-83 �s� LOT' LINE PEP, ORIG. TRACT MAP
POR. LOT 1
` N �.( M.B. 18/82-83 k,0�b
P F- W
30'�_
LOT LINE TO BE REMOVED ej�:
P4' 0 30'
o a POR LOT 23POR. LOT 2 0
O z MB, 18/82-83 0 M.B. 18/82-83
zt
104.86' d
fo POR LOT 23 POR LOT 2 0.
Z
Q M.B. 18/82 83 � L_ - M.8.18/82�83 W
i LOT 22 LOT 3 Q
0 AN EASEMENT IN FAVOR OF CTE CALIFORNIA FOR PUBLIC U77UTY PURPOSES, AS
T RECORDED ON NOV. 4, 198, AS INS NO. 191774, OFFICIAL RECORDS
Q AN EASEMENT IN FAVOR OF GTE CALIFORNIA FOR PUBLIC U77LITY PURPOSES, AS
2 RECORDED ON NOV. 16, 1982, AS INST. NO. 198689, OFFICIAL RECORDS
GERTIFICA TE OP' Pl4 ROEL MERGER NO. 2f0"12-515
PREPARED BY APPLICANT -
Tower Energy Group
Attn: Mark Vasey
04�/3 1983 West 190th Street
WA YNE A. McGEE DA TE Torrance, CA 90504
L.S. 5479
APPROVED BY
nasson, City Engineer