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2013 VPAH, LLC - Storm Water Mgmt / BMP Facilities Agrmt 2012-002MEMORANDUM TO: Frank J. Spevacek, City Manager FROM: 6kirnothy R. Jonasson, P.E., Public Works Director / City Engineer Ed Wimmer, P.E., Development Services Principal Engineer' DATE: January 9, 2013 RE: Storm Water Management / BMP Facilities Agreement No. 2012-002 for Village Park Animal Hospital, VUP 2008-042 Attached for your signature is one (1) original Storm Water Management / BMP Facilities Agreement No. 2012-002 between Kathryn Carlson and the City of La Quinta for the project referenced above. The Storm Water Management/ BMP Facilities Agreement recorded with the County Recorder is a mechanism used to guarantee the perpetual operation and maintenance of the Best Management Practices (BMPs) identified in the Water Quality Management Plan (WQMP). Please sign and return the original to the City Clerk for final distribution. REQUESTING DEPARTMENT TO CHECK THE ITEMS BELOW AS APPROPRIATE: Authority to execute this agreement is based upon: Approval by the City Council/Redevelopment Agency on City Manager/Executive Director's signature authority provided under Resolution No. 2005-095 * City Manager/Executive Director's signature authority provided under Resolution No. 2005-096 * City Manager/Executive Director's signature authority provided under Contract Change Order Policy X City Manager/Executive Director's signature authority provided under Resolution No. 2010-075 * The following required documents are attached to the agreement: X Insurance certificates as required by the agreement (initialed by Human Resources/Risk Manager) Performance bonds as required by the agreement (originals) * Definitions available in the share drive at S/Reference Policies Folder �Y\ vY RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of La Quinta City Clerk P.O. Box 1504 78-495 Calle Tampico La Quinta, CA 92253-1504 EXEMPT FROM RECORDERS FEES PURSUANT TO GOVERNMENT CODE SECTIONS 6103 AND 27383. APN: 773-072-019 DOC ## 2013-0065014 02/06/2013 12:49P Fee:NC Page 1 of 8 Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk & Recorder 11111111111111111111111 HII 11111111111111111111 S R I U PAGE SIZE DA I MISC LONG RFD I COPY M A L 465 426 jR NCOR SMF F46HG EXAM? CTY U N I / jV SPACE ABOVE. THIS LINE FOR RECORDER'S USE STORM WATER MANAGEMENTBMP ®43 FACILITIES AGREEMENT NO. 2012-002 City of La Quinta, Riverside County, California THIS AGREEMENT. is made and entered into this 7-0 day of MuAFY,20t3,by and between Kathryn Carlson, hereinafter called the "Landowner," and the City cif La Quinta, California, hereinafter called the "City." RECITALS WHEREAS, the Landowner is the owner of certain real property describe as Lots 9, 10, 11, and 12 Block 128 of Santa Carmelita at Vale La Quinta No. 14 as recorded by deed in the land records of Riverside County, California. Map Book 18 Page 82, 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, Avenida Montezuma, and Avenida Martinez 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 2479/01561 a-0002 1015111.03 a03 27/12 WHEREAS, the Site Plan/Improvement Plans known as the Village Park Animal s Hospital (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 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, underground storm water storage system, 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 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 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, 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 1 Permit. The purpose of such inspection is to follow up on reported deficiencies and/or to respond �479/015610-0002 1015111.03 03l27; 12 -?- 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 Landowners its successors, heirs, and assigns, includi e any homeowners or pro er association are responsible for maintaining and repairing the BMP facilities on the Property, and tire 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, 24 79/015 G 10-0002 1015111,03 a03/27/12 - �- W 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 property association, in ownership (or any interest therein), for the benefit of Eisenhower Drive, Avenida Montezuma, and Avenida Martinez 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 2479r015610-0001 1015111 03 a0127'I _11- WITNESS the following signatures and seals: ATl' - ST: By: �Y. Name: ai & � 0 f Please Print Title: oI Notary must attach an "All -Purpose Acknowledgement" LANDOV► E By: Naive: Kathrvn J. Carlson Please Print Title: Owner (Seal) COMM. $1944961 NOTARY PUBLIC • CALIFORNIA1 RIVERSIDE COUNTY Commission E ' s JULY 22, 20% CITY [. F LA�Qtl'__� Frm-al—J. S v�k, City Manager ATTEST: XAPRVEDBy:Susan Maysels, City Clerk erine City Attorney, i 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 1015111.03a03/27/12 --5- State of California County of Riverside On January 24, 2013, before me, SUSAN MAYSELS, Notary Public, personally appeared FRANK J. SPEVACEK 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. Sl1SAH MgYS� E S w COMM. #1844479 X NOTARY PUBLIC ■ CALIFORNIA RIVERSIDE COUNTY Signature CommaimE -res APR 13, 2013 (seal) DOCUMENT: STORM WATER MANAGEMENT / BMP FACILITIES AGREEMENT NO. 2012- 002 between Kathryn Carlson (Landowner) and City of La Quinta dated 1 /24/2013 re: APN 773-072-019. CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California V- County ofdy`S 1 �Q Z before me w �'L On Itc (Here Insert name nd title of the oixierr) personally appeared Y ► V) e ���-� who proved to me on the basis of satisfactory evidence to be the �(s) whos ai (s iaare subscribed to the within instrument and act owledged e that heft (they executed the same in his G�heir authorized ci (ies) and that by hisll heir i na e(s) on the instrument thg:�(s), or the entity upon behalf of which the rso ) 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. FERNANDA Rfim man COMM. #19"961 WITNESS my hand and of -'al seal. ' NOTARY PUBLIC • CALWORmA� RNIMIDE COUNTY -� Cowiissitnt JULY 22, 2015 (Notary Seal) J_%r Signature ri(j , Public ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUNkN'l (Tit e or deson oth ernet)-�/� [] (Title or descriptian ofatiached document cantiinue ] Number of Pages I Document Date U (Additional information) CAPACI CLAIMED BY THE SIGNER vidu s) ❑ orparate Officer (Title) ❑ Partner(s) ❑ Attomey-in-Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM :irr} acknorti Tedgnren► camplrred in Collfarnia "mill contain verbiage exactly as appears above in the notary section or a separate aclaromvledgmerrt form must be propeely completed and attached to that document The only exception is ff a document is to be t•ecorded outside of California. Iht such instances; any alternative acknowledgment rerbiage as may be printed on such a docume-W so long as the. verbiage does nor require. the notary to do something that is Wegal far a notary in Califo+-nio (i.e. certy�ing the authorised capacity, of the signer). Please check the doc umem coref dli, forproper notarial wording and attach this forrn if required. ?—• State and County information must be the State and County. where the document signer(s) personally appeared before the notay public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a commaand then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.c. helshelt#tey;- is late ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of dOCLimcnt recording. • The notary seal impression must be clear and photographically reproducible. Impression must not coycr text or lines. If seal impression smudges, re -seal 'Fa sufficient area permits, otherwise complete a different acltnawlcdgmenl Form. • Signature of the notary public must match the signature oat ftle with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached dacumerit, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity, is a corporate officer, indicate the title (i.c. CEO, CFD, Socrctary) • Securely attach this document to the signed document 2008 Version CAPA v12 10.07 800-873-9865 %%,w%v.NotaryClasses,com LEGAL DESCRIPTION FOR VILLAGE ANIMAL HOSPITAL - VUP # 05-042 EXHIBIT "A" LOTS 9, 10, 11 AND 12, IN BLOCK 128 OF UNIT NO. 14 SANTA CARMELITA AT VALE LA QUINTA, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 18 PAGES 82 AND 83 OF MAPS, RECORDS OF SAID RIVERSIDE COUNTY. EXCEPTION THEREFROM THAT PORTION DEDICATED TO SAID RIVERSIDE COUNTY BY GRANT DEED RECORDED OCTOBER 25, 1979 AS INSTRUMENT NO. 227970, RECORDS OF SAID RIVERSIDE COUNTY. APN 773-072-019 277922 14/4W CERTIFICATE OF LIABILITY INSURANCE DAT1/29/2013) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Commercial Lines - (916) 589-8000 CONTACT NAME- PHONE FAx _(61C, No. Est): A!C No): Wells Fargo Insurance Services USA, Inc. - CA Lic#: OD08408 EMAIL ADDRESS; 10940 White Rock Road, 2nd floor INSURERS) AFFORDING COVERAGE NAIC # INSURER A : Hanover Insurance Company 22292 Rancho Cordova, CA 95670-6076 INSURED INSURER B : Village Park Animal Hospital INSURER C P.O. Box 1711 INSURER D INSURER E : _ INSURER F : La Quinta CA 92253 COVERAGES CERTIFICATE NUMBER: 5532518 REVISION NUMBER: See below THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1NSR ADDLTYPE OF INSURANCE INSR WVD SUER POLICY NUMBER MMIDD�Y MMIDDYEXP 1-TR /YYYY LIMITS A GENERAL LIABILITY ODF905552400 05/01/12 05/01113 EACH OCCURRENCE $ 2,000,000 PREMISES Ea accurr ce $ 1,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FKOCCUR MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1.000,000 GENERAL AGGREGATE $ 4.000.000 GPJJ'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2.000.000 $ POLICY PRO LOC AUTOMOBILE LIABILITY I COMBINED SINGLE LIMIT Ea acciden . BODILY INJURY (Per person) $ ANY AUTO 11I ALL OWNED l SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Peraccide t $ NON -OWNED HIRED AUTOS AUTOS $ X UMBRELLA LIAB OCCUR ODF9055524 5/1/2012 5/1/2013 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1.000,000 EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ D? OFFICER/MEMBER EXCLUDE N / A E.L. EACH ACCIDENT $ (Mandatory In NH) E.L. DISEASE - EA EMPLOYE $ If yes, describe under DESCRIPTION OF OPERATIONS be: E.L, DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) The City of La Quinta is named as Additional Insured with respect to General Liability CERTIFICATE HOLDER CANCELLATION City of La Quinta PO Box 1504 La Quinta, CA 92247 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE /� A �(4nr��lA,� ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD © 1988-2010 ACORD CORPORATION. All rights reserved. (This certificate replaces wdrimle4 5476380 issued m 1I112013) POLICY NUMBER: ODF905552400 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. Name of Person or Organization: SCHEDULE City of La Quinta PO Box 1504 La Quinta, CA 92247 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. The City of La Quinta is named as Additional Insured with respect to General Liability CG 20 26 11 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 0