2019 LQ Hospitality Group, LLC - Storm Water Mgmt BMP 2019-003ta Qwkra
-- GEM af'the DESERT —
MEMORANDUM
TO: Jon McMillen, City Manager
FROM. -Bryan McKinney, City Engineer NA.
DATE: September 9, 2019
RE: Storm Water Management / BMP Facilities Agreement No. 2019-003
for the Residence Inn by Marriott, Parcel 1 of PM 37683
Attached for your signature is the Storm Water Management / BMP Facilities
Agreement with LQ Hospitality Group, 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
appro rip ate:
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
lelol - WA
City Manager's signature authority provided under Resolution No.-?6-15=&4,5_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 followina reauired documents are attached to the agreement:
X Insurance certificates as required by the agreement (approved by
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)
Batch 5114445 Confirmation
Page 1 of 2
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of La Quinta
City Clerk
78-495 Calle Tampico
La Quinta, CA 92253-1504
EXEMPT FROM RECORDERS FEES PURSUANT TO
GOVERNMENT CODE SECTIONS 6103 AND 27383.
DOC # 2019-0356252
09/12/2019 11:08 AM Fees: $0.00
Page 1 of 8
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: MARY #659
SPACE ABOVE THIS LINE FOR RECORDER'S USE
STORM WATER MANAGEMENTBMP
FACILITIES AGREEMENT NO.2019-003
City of La Quinta, Riverside County, California
THIS AGREEMENT, is made and entered into this A day of ?P- NtMOe?-, 20
by and between LQ. Hospitality Group, LLC, an Arizona 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 described as (Riverside
County Tract Map/Parcel Map Identification Number/Address) Parcel 1 of Parcel Map No.
37683 as recorded by deed in the land records of Riverside County, California, Map Book 246
Pages 87-88, 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 Highway I I I and Vista Coralina Lane 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
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https:Hgs.secure-recording.com/Batch/Confirmation/5114445 9/12/2019
WHEREAS, the Site Plan/Improvement Plans/Subdivision Plan known as La Quinta
Marriott Residence Inn, SDP 2018-0007, PM 37683 (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 is successors, heirs and
assigns, including any property 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, drains,
manholes, gutters, storm drain pipes, drywells, hydrodynamic separator, and other BMPs shown
in the Final WQMP) be constructed and maintained by the Landowner, its successors, heirs, and
assigns, including, but not limited to, any property 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 detention ponds, 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
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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 successor 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
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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 homeowners
association, in ownership (or any interest therein), for the benefit of Highway I I I and Vista
Coralina Lane 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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SIGNATURES BEGIN ON NEXT PAGE
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WITNESS the following signatures and seals:
LANDOWNER LANDOWNER
LQ Hospitality Group, LLC, an Arizona
limited i' bility company
By: By:
Name: Paul Welker
Name:
Title: CEO Title:
r
By: _e,� 1,4C,
Name: Er,'e.
Please Print
Title:i �S%pip
Notary must attach an "All -Purpose
Acknowledgement"
Please Print
(Seal)
CITY OF LA QUINTA
By:
Jon Me i len
_-rCity Manager, City of La Quinta
ATTEST: 4
By. _Jto`R Ir ),11
Monika Radeva
City Clerk, City of La Quetta
APPROVED AS TO FORM:
By: AW —.. 4.=.jC
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 September 11, 2019 before me, MONIKA RADEVA, Notary Public,
personally appeared JON McMILLEN who proved to me on the basis of
satisfactory evidence to be the persons} whose nameW is/a-re
subscribed to the within instrument, and acknowledged to me that
he/she/they executed the same in his/heF/t#eiF authorized
capacity(ies), and that by his/ ei signature{ -} on the instrument
the person{sy, or the entity upon behalf of which the personal 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:
MONIKA RADEVA
Notary Public - California x
a -r Riverside County x
z Commission # 2168979
M Comm. Expires Oct 22, 2020
(notary seal)
DOCUMENT:
Storm Water Management/BMP Facilities Agreement No. 2019-003
between LQ Hospitality Group, LLC, an Arizona limited liability company
(Landowner) and City of La Quinta for the operation and maintenance of
the storm water Best Management Practices for the Residence Inn by
Marriott project.
Parcel Map No. 37683; Pam Book 246; Pages 87-88; (SDP 2018-0007)
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
F} ri s..o R4
State of Chi )
County of RiE )
On AL -I q before me, 4Zrc•%Aa 17 &-.s 1 Notary Public, personally appeared
� ► we-i", who proved to me on the basis of satisfactory evidence to be the
person whose name is subscribed to the within instrument, and acknowledged to me that he
executed the same in his authorized capacity, and that by his signature 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.
Signature -
e��
LPub
S
ona
yMy12, 2021
(seal)
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
ArC son4_
State of G4� )
County of Rivcr44e )
On $- - I before me, ha+-da r— L;� 1 Notary Public, personally appeared
Brio-, W e,t ie-a r who proved to me on the basis of satisfactory evidence to be the
person whose name is subscribed to the within instrument, and acknowledged to me that he
executed the same in his authorized capacity, and that by his signature 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.
Signature
RHONDAF.EMS
Notary Public - Arizona
Maricopa County
My Comm. Expires Oct 12, 2021
(seal)
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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:
PARCEL 1 OF PARCEL MAP NO. 37683 AS SHOWN ON MAP ON FILE IN PARCEL MAP
BOOK 246, PAGES 87 THROUGH 88, INCLUSIVE, RECORDS OF RIVERSIDE COUNTY,
STATE OF CALIFORNIA.
SAID PARCEL CONTAINING 2.99 ACRES MORE OR LESS.
SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS OF WAY AND EASEMENTS
OF RECORD, IF ANY.
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