2018 Discover Investments, LLC - Storm Water Mgmt BMP 2016-003ta (2w�Kra
MEMORANDUM
TO: Frank J. Spevacek, City Manager
FROM: Bryan McKinney, City Engineer A
DATE: April 2, 2018
RE: Storm Water Management / BMP Facilities Agreement No. 2016-003 for
the Ballard Residence within the Tradition, TM 28470-3 Lot 3
Attached for your signature is the Storm Water Management / BMP Facilities
Agreement with Discover Investments, LLC for the operation and maintenance of the
storm water Best Management Practices (BMPs) for the project referenced above.
Please sign the attached agreement(s) and return to the City Clerk for processing and
distribution.
Requesting department shall check and attach the items below as appropriate:
Contract payments will be charged to account number:
Amount of Agreement, Amendment, Change Order, etc.:
A Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) is attached with
no reportable interests in LQ or reportable interests
A Conflict of Interest Form 700 Statement of Economic Interests is not required because this Consultant
does not meet the definition in FPPC regulation 18701(2).
Authority to execute this agreement is based upon:
Approved by the City Council on December 5 2017
City Manager's signature authority provided under Resolution No. 2015-045 for budgeted expenditures
of $50,000 or less. This expenditure is $ and authorized by contract approved by
Initial to certify that 3 written informal bids or proposals were received and considered in selection
X City Manager's signature authority provided under Resolution No. 2010-075
The followi na req uired documents are attached to the ag reement:
N/A Insurance certificates as required by the agreement (approved by Risk Manager on date)
N/A Performance bonds as required by the agreement (originals)
N/A City of La Quints Business License number
A requisition for a Purchase Order has been prepared (amounts over $5,000)
Revised May 2017
Document-509165 7-Page-1
Page 1 of 1
RECORDING 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 # 2018-0137433
04/10/2018 10:41 AM Fees: $0.00
Page 1 of 6
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: T.ERESA #134
APN(s): 770-380-003 SPACE ABOVE THIS LINE FOR RECORDER'S USE
STORM WATER MANAGEMENTBMP
FACILITIES AGREEMENT NO.2016-003
City of La Quinta, Riverside County, California
THIS AGREEMENT, is made and entered into this 4ivday of APR ( L , 20• l 9 by
and between Discover Investments, 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 Tract Map
No. 28470-3 Lot 3'as recorded by deed in the land records of Riverside County, California, Map
Book 276 Pages 79-80, 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 Bermudas and Avenue 52 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
WHEREAS, the Improvement Plans and Reports known as Tract Map No. 28470-3 Lot 3
(hereinafter called the "Plan"), as approved or to be approved, by the City, provides for'the
installation of permanent storrawater management and pollution prevention measures (the `BMP
facilities") within the confines of the Property; and
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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 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 basins, inlets,
storm drain pipes, rip rap pad, 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 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.
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 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, 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
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.
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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 a, -reed that the
Landowner, its successors heirs and assigns, including any homeowners or properA,
association are responsible for maintaining and repairingMpairing the BMP facilities on the Fro er
and the City is under no abli,-ation 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.
9. 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 Avenida Bermudas and
Avenue 52 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.
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WITNESS the following signatures and seals:
LAN
ZML;�
By:
Name: a
/TimothyJ. Ballard
Discover Investments, LLC
Title: Acikq CWie�
Manager
ATTEST:
By:
Name:
Please Print
Title:
Notary must attach an "All -Purpose
Acknowledgement"
ATTEST:
LANDOWNER
By:
Name:
Title:
(Seal)
CITY OF LA QUINT
ris Escobedo, Actin City Manager for
Frank J. Spevacek
City Manager, City of La Quinta
APPROVED AS TO FORM:
By: By:
N
Susan Maysels William H. Ihrke
City Clerk, City of La Quinta 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.
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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 0 R"LIE
On APRILJ�,before me, . tj0�� Pw8t.�6iL,
(insert name and titlf of the officer
Notary Public, personally appeared TI M I Lt,A�t7 ,
who proved to me on the basis of satisfactory evidence to be the person(4 whose name(e' is/ayd
subscribed to the within instrument and acknowledged to me that he/s�t/tfivy executed the same
in his/hgf/thV)r authorized capacity(iv4, and that by his/hge/thptr signaturew 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.
LAUREN G. MAEHLER
WITNESS my hand and official seal. Commission # 2078878
z Notary Public -California i
z Orange County '
M COi71m. Expires Aug 21, 2018
Signatur ']'!4,a
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 oZ o before meEme 6Nl Jo
1 {insert ame and title ofthe officer)
Notary Public, personally appeared , .�;" l S se O�D
who proved to me on the basis of satisfactory evidence to be the person(4 whose nameo is4am
subscribed to the within instrument and acknowledged to me that he -,[ executed the same
in hisAief4"r authorized capacity4es , and that by his/her4k* signature(s) on the instrument
the person(X�or the entity upon behalf of which the personk9l 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.
PAMELA NIETO
WITNESS my hand and official seal. ¢ Commission # 2111660 z
Notary Public - Califbrnia z
Riverside County
Signatur
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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:
Lot 3 of Tract 28470-3 as recorded in book 276 of maps at pages 79 and 80, official records of
Riverside County, California
APN(s): 770-380-003
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