2019 Swenson Family Trust - Storm Water Mgmt BMP 2016-004ta Q"fra
— GENI nf'rbr DESERT —
MEMORANDUM
TO: Jon McMillen, City Manager>v-
FROM: AllBryan McKinney, P.E., City Engineer / Public Works Director
Amy Yu, Associate Engineer
DATE: December 18, 2019
RE: Storm Water Management / BMP Facilities Agreement No. 2016-004
for the Swenson Custom Home, TM 28335-R Lot 1
Attached for your signature is the Storm Water Management / BMP Facilities
Agreement with Case Swenson and Lisa Swenson, Trustees of the Case Swenson
Family Trust 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 del2artment shall cheer 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 Dec._2.1, 2010 under Resolution No. 2010-075
City Manager's signature authority provided under Resolution No. 2019-021 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:
*4
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
` Document-9002726-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 # 2019-0531535
12/23/2019 01:37 PM 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 #420
APN(s): 658-200-004 SPACE ABOVE THIS LINE FOR RECORDER'S USE
STORM WATER MANAGEMENT/BMP
FACILITIES AGREEMENT NO.2016-004
City of l.a Quinta, Riverside County, California
THIS AGREEMENT, is made and entered into thiszb14day of aRe.wea 20_a, by,
and between CASE SWENSON AND LISA SWENSON, TRUSTEES OF THE CASE
SWENSON FAMILY TRUST, 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. 28335-R Lot 1 as recorded by deed in the land records of Riverside County, California, Map
Book 259 Pages 42-43, 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 Eisenhower Drive 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 Improvement Plans and Reports known as the Swenson Residence,
Tract Map No. 28335-R Lot 1 (hereinafter called the "Plan"), as approved or to be approved by
the City, provides for the installation of permanent stonnwater 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,
brow ditch and swale, storm drain pipes, underground infiltration system, 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 agreed that the
Landowner, its successors, heirs, and assiyis, includinm any homeowners or properti�
association are responsible Lor inaingainiag and repairij!g the EMS Lacilities an the fro er
and the Citr 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 Rinds 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 Eisenhower Drive 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
By: By:
Name: CaS13; VWe'N%O'J Name: LISA 19Wt'>I)S19ti
Case Swenson
Title: 7"S7vz;: Title
ATTEST:
By:
Name:
Title:
Please Print
Notary must attach an "All -Purpose
Acknowledgement"
ATTEST:
�■or � ►� �
Lisa Swenson
Tj2.0 57-�
(Seal)
CITY OF LA QUINTA
By:
cMillen
City Manager, City of La Quinta
APPROVED AS TO FORM:
Monika Radev 4 William H. Ihrke
City Clerk, City of La to 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 ACKNOWLEDGMENT CIVIL CODE § 1189
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 so�Ctnn.43&
On 04 Z 17 1 101 before me, LLCL� k NY0Jv1ZL N� �JO I t �;
Date I
Here Insert Name and Title of the Officer
('.LSe_
personally appeared S[AJ ej,15n n cl ;t CO G_ S LO e4l SD Ki
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) .id/are
subscribed to the within instrument and acknowledged to me that -he/she/they executed the same in
I4s/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.
LEAH RE MAHONEY
.w NotaryPublic- California
i 'hss Santa Clara County
Commission x 2187884
My Comm. Expires Mar 24, 2021
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 al.
Signature _
Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
�/0 • ,�lollo -ooy
Description of Attached Document _
Title or Type of Document: (�,:IY L IJTC� IL I14 W m �iIjr �t' ► ! I� �/ / L� nrS ,i 't I
Document Date:. Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
V-=------------�------
02016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
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 December 23, 2019 before me, MONIKA RADEVA, Notary Public,
personally appeared JON McMILLEN who proved to me on the basis of
satisfactory evidence to be the person{} whose names} is/a-r-e
subscribed to the within instrument, and acknowledged to me that
he/she/they executed the same in his/hei�ei authorized
capacity(ies), and that by his/heF/theiF signature{} on the instrument
the person{sy, 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.
MONIKA RADEVA
Notary Public - California
'•^ Riverside County z
Commission # 2168979 n
Signature: My Comm, Expires Oct 22, 2020
(notary seal)
DOCUMENT:
Storm Water Management / BMP Facilities Agreement No. 2016-004
APN: 658-200-004; Tract Map 28335-R, Lot 1; 77210 Loma Vista
Case Swenson & Lisa Swenson, Trustees of the Case Swenson Family
Trust (Landowner)
EXHIBIT A
(Legal Description)
Real property in the City of La Quinta, County of Riverside, State of California, described as follows:
LOT 1 OF TRACT NO. 28335-R, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA, AS SHOWN BY MAP RECORDED IN BOOK 259, PAGES 42 AND 43 OF MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNA.
APN 658-200-004