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2013 LQ Retirement Residence LP - Storm Water Mgmt / BMP Facilities Agrmt No. 2012-004DOC # 2013-0476779 10/02/2013 03:52 PM Fees: $0.00 Page 1 of 7 Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk & Recorder RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: to document was electronically submitted to the County of Riverside for recording" City of La Quinta Receipted by: CTOLOSSA City Clerk 78-495 Calle Tampico La Quinta, CA 92253-1504 EXEMPT FROM RECORDERS FEES PURSUANT TO GOVERNMENT CODE SECTIONS 6103 AND 27383. APN: 604-630-027 SPACE ABOVE THIS LINE FOR RECORDER'S USE STORM WATER MANAGEMENT/BMP FACILITIES AGREEMENT NO.2012-004 City of La Quinta, Riverside County, California THIS AGREEMENT, is made and entered into this 2-�day of(:�> 20 3 by and between La Quinta Retirement Residence/ Vd5/., hereinafter called the "Landowner," and the City of La Quinta, California, hereinafter called the "City." 1 n1 *Limited Partnership RECITALS WHEREAS, the Landowner is the owner of certain real property described as 45190 Seeley Drive La Quinta, CA 92253 as recorded by deed in the land records of Riverside County, California, Map Book z 12 Fage 60-66 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 Seeley Drive 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 Citrs Stormwater Management and Discharge Controls Ordinance (codified as Chapter 8.70 of the La Quinta Municipal Code) ("Ordinance"), all new development must implement stone 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 2479/015610-0002 1015111.03 a11/14112 WHEREAS, the Site Plans/Improvement Plans/Subdivision Plans known as La Quinta Retirement Community, SDP 2011-921, PM 36405 (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 its successors, heirs and assigns, including any homeowners/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, manholes, storm drain pipes, retention basins, storm filter, and inlet/outlet structures, etc.) be constructed and maintained by the Landowner, its successors, heirs, and assigns, including, but not limited to, any homeowners/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/property 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, storm filter, 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 2479/015610.0002 1015111.03 al I/14/12 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 successors heirs and assigns including any homeowners/Aroperty 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 24791015610-0002 _3- 1015111.03 a1111411] 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 $2,000,000 per occurrence for all covered losses and no less than $4,000,000 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/property association, in ownership (or any interest therein), for the benefit of Seeley Drive and its storm drains and each and every part thereof dnd 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 2479/015610-NO2 1015111.03 a)1114112 WITNESS the following signatures and seals: OW By: Nan Tith Ar By: Name: Robin R. Goins Please Print Title: Notary Public for Washington Notary must attach an "All -Purpose Acknowledgement" CITY OF LA Q B �.. Frank J. SPp<acek, ty Manager City of La C�u+ifornia ATTEST: D� By: Susan Maysels, City Clerk, 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. APPRO D AS TO FORM: M. Katherine Se on, City Attorney City of La Quinta, California 2479ro15610-0002 -5- 1015111.03 al1/14112 6 State ofeWiD A Washington ) CountyMkjp6i;i� Clark ) FOODecember 13, 2012 beforeme, Robin R. Goins (insert name and title ofthc officer) Notary Public, personally appeared Barton G. Colson, as President of Hawthorn Management* who proved to me on the basis of satisfactory evidence to be the person(sywhose name(/siJ is/sits subscribed to the within instrument and acknowledged to me that he/"/t9e(y executed the same in his/Ur/tAW authorized capacityVesy, and that by his/htkOoli/signature(fi) on the instrument the pb/$64(ty,16j7t entity upon behalf of which the persons)" acted, executed the instrument. *Services Corp., a Washington corporation, the Manager of s Quin a GP LLC, a Washington limited liability company, the General Painter of La quints Retirement Residence Limited Partnership, a Washington limited partnership I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. NOTARY PUBLIC WITNESSS my hand and official seal. Signature Robin R. Going Notary Public for Washington State of California County of Riverside STATE OF WASHINGTON ROBIN R. GOINS Commission Expires September 26, 2015 On ()61C)139 K Z. 201_3 , before me,-51A5A►J SE L S f- (insert name en une of he otrce ) Notary Public, personally appeared F2AgK J SI�EVAGE� who proved to me on the basis of satisfactory evidence to be the persona) whose name(o) istan subscribed to the within instrument and acknowledged to me that he/aktAlaW executed the same in hisbienitbo authorized capacity(iee), and that by his/laaAheir signature(o) on the instrument the person(p), or the entity upon behalf of which the person(y) 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 ------------- SUSAN SELS ommiss' n ♦ 2017258 -: N ublIc • CaOtorl" We County i M Seal) Sus- Commiploa 0 2017M = y Notary Public • Caluorma Rharaitla county LoM comm. Ex 13.2017 2479101561041002 1015111.03 e11114112 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY ALL THAT PROPERTY IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, LOCATED IN A PORTION OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL B AS SHOWN BY LOT LINE ADJUSTMENT NO. 2006-452 AS EVIDENCED BY GRANT DEED RECORDED APRIL 19, 2006 AS DOCUMENT NO. 2006-0280726, OFFICIAL RECORDS OF SAID COUNTY AND STATE. CONTAINING 411,680 SQUARE FEET OR 9.451 ACRES, MORE OR LESS.