2019 NCP TRC, LLC - Storm Water Mgmt BMP 2019-004ta Qai�tra
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MEMORANDUM
TO: Jon McMillen, City Manager
FROM: Bryan McKinney, City Engineer
DATE: July 29, 2019
RE: Storm Water Management / BMP Facilities Agreement No. 20197004
for the Residence Club at PGA West, TM 31627
Attached for your signature is the Storm Water Management / BMP Facilities
Agreement with NCP TRC, LLC and PGA West Residence Club Master Association 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 helow 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 Dec. 21 2010 under Resolution No. 2010-075
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
The following required documents are attached to the agreement:
X Insurance certificates as required by the agreement (approved by Pam Nieto on 712512019)
N/A Performance bonds as required by the agreement (originals)
N/A City of La Quinta Business License number
A requisition for a Purchase Order has been prepared (amounts over $5,000)
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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 # 2019-0300802
08/08/2019 03:36 PM Fees: $0.00
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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: MARIA #309
APN(s): See Exhibit A I SPACE ABOVE THIS LINE FOR RECORDER'S USE
STORM WATER MANAGEMENT/BMP
FACILITIES AGREEMENT NO.2019-004
City of La Quinta, Riverside County, California
THIS AGREEMENT, is made and entered into this 01 day of kV lA T , 20A, by
and between NCP TRC, LLC, a Delaware limited liability company, and PGA WEST
RESIDENCE CLUB MASTER ASSOCIATION, hereinafter called the "Landowner," and the
City of La Quinta, California, hereinafter called the "City."
R RC'.TTA T NC
WHEREAS, the Landowner is the owner of certain real property described as Amended
Tract Map No. 31627 as recorded by deed in the land records of Riverside County, California,
Map Book 392 Page 48-57, 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 Avenue 54 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 the Residence Club at PGA
West, Amended and/or Tract Map No. 31627 (hereinafter called the "Plan"), as approved or to
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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 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
facilities, 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 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
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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 ! Mressly understood and agreed that the
Landowner, its successors, heirs, and assigns, including any homeowners or property
association are responsible for maintaining and repuiring the BMP Facilities o►t 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.
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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 Avenue 54 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:
LANDOWNER LANDOWNER
NCP TRC, LLC, a Delaware limited liability
company
By:
Name:. Michael Benjamin Gerig
Please Paint
Title:ir
ATTEST:
By: ` ,, /
Name: "i;d4-91J ?4C `dL
Please Print
Title:
Notary must attach an "All -Purpose
Acknowledgement"
ATTEST:
By: V
Monika Radeva
City Clerk, City of La Quinta
THE RESIDENCE CLUB AT PGA WEST
MASTER ASSOCIATION
By:
Name: Michael Benjamin Gerig
Pleasel6rint '
Title:
(Seal)
CITY OF LA QUINTA
By:
Joll i len
--City Manager, City of La 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.
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NOTARY 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 Riverside )
On August 8 2019 before me, MONIKA RADEVA, Notary Public,
personally appeared JON McMILLEN who proved to me on the basis of
satisfactory evidence to be the personal whose nameW is/a-Fe
subscribed to the within instrument, and acknowledged to me that
he/she/they executed the same in his/weir authorized
capacity(ies), and that by his/ eir- signature{ } on the instrument
the persons} or the entity upon behalf of which the person{5) 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.
MONIKA RADEVA
Notary Public - California z
Riverside County x
z Commission * 2168979
Signature: M Comm. Expires Oct22, 202D
(notary seal)
DOCUMENT:
Storm Water Management / BMP Facilities Agreement No. 2019-004
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 C- ekf rri* 661,VYVI )
County of WN;e�eF,
On ? 7, before me, t,
.A —a— L (insert n e and title of th 1cer)
Notary Public, personally appeared V VVkh1W VXWVk," V-,,V
,
who proved to me on the basis of satisfactory evidence to be the erson(s) whose name(s) is/are
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 California that
the foregoing paragraph is true and correct. OFFICIALSEAL
HEATHER PUGSLEY
WITNESS my hand and official seal. Notary Public. rizona
YAVAPAI COUNTY
MYCMtnkY 2 sfon Expires
MAY B, 2D21
Signature j�aw
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 QiUf6miz "UM
County of R4vefsAe $yVof M'
On%"MX7, 011) (4) before me, 4jLg&f
14 A 0 - 0+Frt name and titic a the officer)
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidencg to be the pers (s) whose name(s) is/are
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 California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature W1
OFFICIAL SEAL
HEATHER PUGSLEY
Notary Public - Arizona
YAVAPAI COUNTY
My Commission Expires
Y ,2021
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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:
Lots 1 through 33, inclusive, together with Lettered Lots A through W, inclusive, of Amended
Tract No. 31627, as shown by map on file in Book 392, Pages 48 through 57 of Maps, in the
office of the County Recorder of Riverside County, California.
APN(s):
775-380-058 through 775-380-086 and 775-380-088 through 775-380-093
775-390-031 through 775-390-052
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