2018 Beazer Homes Holdings Corp - Storm Water Mgmt BMP 2015-007ta QaiKta
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MEMORANDUM
TO: Frank J. Spevacek, City Manager
FROM: Bryan McKinney, City EngineeV�7
DATE: June 14, 2018
RE: Storm Water Management / BMP Facilities Agreement No. 2015-007 for
Floresta, TM 36762
Attached for your signature is the Storm Water Management / BMP Facilities
Agreement with Beazer Homes Holdings Corp 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.
Rea uestina department small chegk 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
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
)-01J;-�Ir
X City Manager's signature authority provided under Resolution No. 1010 J75
The following reauired documents are attached to the aareement:
X Insurance certificates as required by the agreement (approved by Risk Manager on
N/A Performance bonds as required by the agreement (originals) - Cash Security with Finance Dept
X City of La Quinta Business License number LIC-763045
A requisition for a Purchase Order has been prepared (amounts over $5,000)
Revised May 2017
Document-548 805 3 -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 # 2018-0250667
06/21/2018 10:20 AM Fees: $38.00
Page 1 of 9
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: LINDA#922
SPACE ABOVE THIS LINE FOR RECORDER'S USE
STORM WATER MANAGEMENT/BMP
FACILITIES AGREEMENT NO.2015-007
City of La Quinta, Riverside County, California
THIS AGREEMENT, is made and entered into this A day of '�kxvv— . 2018 , by
and between Beazer Homes Holdings Corp, a Delaware corporation, 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. 36762 as recorded by deed in the land records of Riverside County, California, Map Book
449 Pages 8 through 14, 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 Jefferson Street and Avenue 52 and its storm 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 Site Plan/Improvement Plans known as Watermark or Floresta, Tract
Map No. 36762, SDP 2014-942 (hereinafter called the "Plan"), as approved or to be approved by
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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 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, retention
basin, drywell, 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, underground storm water storage system, 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
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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 expresslu understood and azreed that the
Landowner, its successors, heirs, and assigns, includine anv homeowners or property
association are responsible for maintainine and repairing the BMP facilities on the Prove,•t►t
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.
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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 homeowners
association, in ownership (or any interest therein), for the benefit of Jefferson Street 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.
— THIS SPACE INTENTIONALLY LEFT BLANK
SIGNATURES BEGIN ON NEXT PAGE
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WITNESS the following signatures and seals:
LANDOWNER LANDOWNER
Beazer Homes Holdings Corp, a Delaware
corporation
Name: nl. 1"lbBy:
Pleae Print Name:
Please Print
Title: _ �1��.)�i�� Sf [S!`1�rT'
}!t],i�� Title:
ATTE_ :
By: " �� ! 11 �/ (Seal)
Name: Own S • �I)/1��11
Please Print
Title: V I C F PAC51D6r
Notary must attach an "All -Purpose
Acknowledgement" -
ATTEST:
By: c (4
MONIKA RADEV , Acting City Clerk
City of La Quinta, California
CITY OF LA QUINTA
Spev
City Manager, ity of a Quinta
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 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 a10/05/15 —5—
WITNESS the following signatures and seals:
LANDOWNER LANDOWNER
Beazer Homes Holdings Corp, a Delaware
corporation
By: By:
Name:
Please Print Name:
Title:
ATTEST:
By:
Name:
Title:
Please Print
Notary must attach an "All -Purpose
Acknowledgement"
ATTEST:
Title:
Please Print
(Seal)
CITY OF LA QUINTA
By:
Frank J. Spevacek
City Manager, City of La Quinta
APPROVED AS TO FORM:
By: By:
Monika Radeva William H. Ihrke
Acting 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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CALIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
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 G,vRge }
Onbefore me, ! S.,` �trta in A464rA
personally appeared
who proved to me on t e basis oatis actory evidence to be the person(s) whose
name(a) 1s re subscribed to the within instrument and acknowledged to me that
he/(e they executed the same in hisltge their authorized capacity(ies), and that by
his a ltheir signature(s-) 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 h d and official seal.
I _ l
NatPL na&:OZ
E�
ACMWA.WiNN1E M. ALVARAD4
Commission 40 2124331
-s Notary Public - California i
San Diego County
Mr Comm. Expires Aug 21, 2019
(Notary Public Seal)
ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statutes regarding notary wording and,
DESCRIPTION OF THE ATTACHED DOCUMENT
if needed, should be completed and attached to the document. Acknowledgments
from other states may be completed for documents being sent to that state so long
as the wording does not require the California notary to violate California notary
law.
(Title or description of attached document)
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
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• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
Number of Pages Document Date
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
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• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
❑ Individual (s)
he/shehhey, is /ere ) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
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• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
(Title)
sufficient area permits, otherwise complete a different acknowledgment form.
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. Additional information is not required but could help to ensure this
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2015 Version www.NotaryClasses.com 800-873-9865
Securely attach this document to the signed document with a staple.
EXHIBIT "A"
LEGAL DESCRIPTION
IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA, TRACT MAP NO. 36762, AS SHOWN BY MAP ON FILE IN
BOOK 449 OF MAPS, AT PAGES 8 THROUGH 14, INCLUSIVE, IN THE
OFFICE OF THE RIVERSIDE COUNTY RECORDER, LOCATED IN THE
SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 6 SOUTH, RANGE 7
EAST, SAN BERNARDINO MERIDIAN.
CONTAINING 20.84 GROSS ACRES, MORE OR LESS.
AS DEPICTED IN EXHIBIT "B" ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HEREOF.
PREPARED BY OR UNDER THE DIRECTION OF:
6" "e Z��'
CHARLES R. HARRIS P.L.S. 4989
EXP. 12/31 /2017
DATED: -���/' �
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ECHARLES R. HARRIS [n
1 No. 4989
OF CAOf
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