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2014 Adom Ventures, LLC - Storm Water Mgmt BMP 2014-003RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of La Quinta City Clerk 78-495 Calle Tampico La Quinta, CA 92253-.1504 EXEMPT PROM RECORDERS PEES PURSUANT TO GOVERNMENT CODE SECTIONS 6I03 AND 27383. APN: 609-052-002 DOC # 2014-0264866 07/17/2014 08:00 AM Fees: $0.00 Page 1 of 9 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: AGARRETT SPACE ABOVE THIS LINE FOR RECORDER'S USE STORM WATER MANAGEMENT/BMP FACILITIES AGREEMENT NO.2014-003 City of La Quinta, Riverside County, California THIS AGREEMENT, is made and entered into this 14 tf" day of Lv , 201t -, by and between Adorn Ventures, LLC, a Delaware limited liability company, 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 describe as Tentative Tract Map No. 31087, 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 Darby Road 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 WHEREAS, the Site Plan/Improvement Plan/Subdivision Plan known as Tract Map No. 31087, Darby Estates (hereinafter called the "Plan"), as approved or to be approved by the City, 24791015610-0002 1015111.03 07/08/14 DOC #2014-0264865 Page 2 of 9 07/17/2014 08:00 AM 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 is successors, heirs and assigns, including any homeowners 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, retention basin, drywells, manholes, storm drain pipes and outlet structures) be constructed and maintained by the Landowner, its successors, heirs, and assigns, including, but not limited to, any homeowners 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 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, retention basin, 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 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 24791015619-0002 -2- 1015111.03 a07/07/14 DOC #2014-0264865 Page 3 of 9 07/17/2014 08:00 AM 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'amed that the Landowner, its successors, heirs, and assigns, including any homeowners 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, and assigns, shall maintain liability insurance specifically covering the BMP facilities and the City. 2479/015610-0002 _3 ` 1015111.03 a07/07l14 DOC #2014-0264865 Page 4 of 9 07/1.7/2014 08:00 AM 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 insured 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 association, in ownership (or any interest therein), for the benefit of Darby Road 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 a07/07/ 14 -4 - WITNESS the following signatures and seals: AT] Nan Title: Notary must attach an "All -Purpose Acknowledgement" ATTEST: By: S�W� 4� — Susan Maysels. , City Clerk, City of La Quinta Title Mario J. Gonzales Adom Ventures, LLC ManaRinR Member CHERYL M. HAMMERSLEY ,. Commission * 2023801 4 Notary Public - CaUtomia z z Riverside County s My Comm. Expires May 10, 2017 CITY O LA QUINTA "...., Timothy R. Jo son Acting City Manager/City Engineer APPROVED AS TO FORM: By: SIGNED IN COUNTERPART William H. Ihrke City Attorney, City of La Quinta 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 a04/23/14 -5- WITNESS the following signatures and seals: ATTES Name: LYlease Print Title: M-riz C4410 JL� , Notary must attach an "All -Purpose Acknowledgement" ATTEST: SIGNED IN COUNTERPART C Susan Maysels , City Clerk, City of La Quinta Mario J. Gonzales Adom Ventures, LL Title: ,/ko 3� Managing Member . Commission * 2023801 :.":I! mry Public - `Calitcrnia Riverelte C4uov, Ay Comm. Expires May 10, 2017 CITY OF LA QUINTA SIGNED IN COUNTERPART By: Timothy R. Jonasson Acting City Manager/City Engineer APPROVED AS TO FORM: By: William H. Ihrke City Attorney, City of La Quinta 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 PresidentNice President and the corporate secretary of the corporation must sign and the corporate seal must be affixed thereto. 24791015610-0002 1015111.03 a04/23/14 —5— CALIFORNIA•ACKNOWLEDGMENT .�.v!'aC!.�5,�s�S, C!�c!��CraC;'�S!'u�•--�.'.,�C�.v!�5.�s�C,- g�C�aCr�S;:�S,•.�.�a�v.� �a�S;-�aav!�'a>..-'�Cr�4�c�.v!.�SA'�5.� C.�'�S,�C!�:;-�S�S.�C,.�aC!s�:�'\'�.'�.:� �.r'�.vr•�Cc� State of California County of l &* On �-JA4 f before me, A, "A �W 3L� Date Here Insert Name and Title of the Officer personally appeared i ' t r'a liL CHERYL M. HAMMERSLEY Commission 2023MI z !'Notary Public:='Calitomia . z Riverside.County 3 My Comm. Expires Ma 10; 2017 Place Notary Seal Above who p�perso 7rument me on the b of satisfactory evidence to be th s) whose am (spare subscribed to the within ins and acknowledged to me that he she/they executed the same i is er/their authorized capaci ies), and that by is her/their Ignatur (s) on the instrument the erso s), or the entity upon behalf of which th perso 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 of cial seal. ai�4��-- Signature Signature of Notary "I.OPTIONAL La 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: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Number of Pages: Signer's Name:d . 6%22AV-13;�ESSigner's Name: `Individual ❑ Individual orporate Officer — Title(s): C3QwI nj e� El Corporate Officer — ❑ Partner— ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing l IfWMWh1NI OF SIGNER .. of thumb here ❑ Attorney in Fact Yq Title(s): ❑ General ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER ... Cer,4�h"'✓.L�LC✓.4�`✓�4�4�4`✓4-✓4�4�4'�4�4�✓4�"✓.4�✓4"✓4'sr4�✓ti�4�4",r."er4�'✓.4"r�.'.r.�"✓.4 ertiti4 y4�ti4�.r..-.r�.�-r.4�4:rti4�4"✓4�4�4�y. O 1/ 1•• • 1 • 1M1. ILI•1 : 1 1 State of California County of Riverside On ��j `� I f , before me, L76f n ert name and title of the officer)./�� Notary Public, personally appeared Jb 131, 0A1 ate- -4 who proved to me on the basis of satisfactory evidence to be Itea erso s) whos nam s is re subscribed to the within inst t and acknowledged to me tha she/they executed the same in hi / their authorize capaci ies), and that b hi er/thei signa e(s) on the instrument A th erso (s), or the entity upon behalf of which th person ) acte ,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 State of California County of .Riverside * AltCHERYL M. HAMMERSLEY Ad Commission * 2023801 Notary Punt Camorms z Riverside County MY Comm. Expires Ms 10. 2017 On TJ�F 20/ , before me,SUSAd MAYSCL!g ,�. N a (insert name and title of the officer) Notary Public, personally appeared I \ K. BV -55dM, who proved to me on the basis of satisfactory a idence to be the person(&) whose name(&) Wow subscribed to the within instrument and acknowledged to me that he/sltAW&W executed the same in his/ lkh* authorized capacity(Aw), and that by his/h~ signature(j) on the instrument the person(*), or the entity upon behalf of which the person(N) 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 SUCAN VAYSELS.71 .,�"`' CammissioA �► 2b17258 Notary'Pudiid - Csplornta is Rivorside bounty n 'Comm. Ex ires A r 13; 2017 (Seal) 2479/015610-0002 1015111.03 a04/23/14 -6- DOC #2014-0264865 Page 9 of 9 07/17/2014 08:00'AM 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]: LOT 24 OF RECORD OF SURVEY ENTITLED "RECORD OF SURVEY OF A PORTION OF THE SOUTH 1/2 OF SECTION 18, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, ON FILE IN BOOK 15 PAGE 32 OF RECORDS OF SURVEY, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; EXCEPTING THEREFROM THE NORTHERLY 30 FEET THEREOF WHICH HAS BEEN DEEDED TO THE COUNTY OF RIVERSIDE, FOR ROAD PURPOSES IN DOCUMENT RECORDED FEBRUARY 19, 1948 IN BOOK 888 PAGE 532 OF OFFICIAL RECORDS IN THE COUNTY OF RIVERSIDE. PARCEL 2: AN EASEMENT FOR THE PURPOSES THEREIN STATED AND SUBJECT TO THE TERMS AND- PROVISIONS OF THAT CERTAIN SLOPE .ANIj CONSTRUCTION EASMENT AGREEMENT RECORDED APRIL 13, 2007 AS INSTRUMENT NO. 2007- 0250360 OF OFFICIAL RECORDS, OVER THAT PORTION OF LOT 23 OF RECORD OF SURVEY FILED IN BOOK 15 PAGE 32 OF RECORDS OF SURVEY, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, AS DESCRIBED AND DEPICTED THEREIN. APN(s): 609-052-002 s479,01 s6111-0002 1015111.03 a04123114 -7- of -10 1 I/I it ADOMVEN-01 LROCHA ACORO' CERTIFICATE OF LIABILITY INSURANCE DATE (MMiDDn'YYY) 5/7/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsemen s . PRODUCER License 9 OF09643 Desert Empire Ins Services, Inc. 77564 Country Club Drive Suite 401 NAME: Sal C. Sandoval PHONE 760 360-4700 A/c No : 760 360-4799 -MAIL ADDRESS: sal.sandoval@desertempireins.com Palm Desert, CA 92211 INSURER(S) AFFORDING COVERAGE NAIC f INSURER A: United Specialty Insurance Co 60895 INSURED INSURER B : INSURER C : Adorn Ventures LLC, a Delaware limited liability company GHA Enterprises, Inc. 77-682 Country Club Drive,. Suite A-3 INSURER D Palm Desert, CA 92211 INSURER E : INSURER F CAVFRAPFS CERTIFICATE NIIMRFR! REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM. OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER MM/DD EFF POLICYEXP LIMITS A X COMMERCIAL GENERAL UABILRY EACH OCCURRENCE S 2,000,00 CLAIMS-MADE a OCCUR X BT01416853 0510MO14 0510MO16 F TO RENT PREMISES Ea occurrence $ Exclude MED EXP (Any one person) $ Exclude PERSONAL & ADV INJURY $ 2,000,00 GEN L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,00 POLICYa JECT LOC PRODUCTS -COMPIOPAGG $ 2,000,00 $ OTHER AUTOMOBILE LIABILITY COMBINEDNG LIMI accident) $ BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS PeOacaiRden DAMAGE $. $ UMBRELLA LIAB EACH OCCURRENCE $ HOCCUR AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE YIN STATUTE17 ERµ E.L. EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? . (Mandatory In NH) NIA E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMiT $ If yes; describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Project:19 Family Dwellings. Tract 31087 Southeast of Palm Royale & Darby Rd, La Quinta CA. The City of La Quinta, Its officers and employees are named additional Insured. CFRTIFICATF I•Inl nFR CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cl of La Quinta City 78495 Calle Tampico THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. La Quinta, CA 92253 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: BT01416853 COMMERCIAL GENERAL LIABILITY CG 20 12 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following: State Or Governmental Agency Or Subdivision Or Political Subdivision: City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. COMMERCIAL GENERAL LIABILITY_ COVERAGE PART SCHEDULE Section II — Who Is An Insured is amended to include as an insured any state or governmental agency or subdivision or political subdivision shown in the Schedule, subject to the following provisions: . 1. This insurance applies only with respect to opera- tions performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or au- thorization. 2. This insurance does not apply to: a. 'Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or b. "Bodily injury" or "property damage" included within the "products -completed operations hazard". CG 20 12 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1