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2022 WH Palo Verde 37, LLC - Storm Water Mgmt BMP 2022-005MEMORANDUM DATE: November 3, 2022 TO: Monika Radeva, City Clerk FROM: Amy Yu, Associate Engineer RE: Storm Water Management / BMP Facilities Agreement No. 2022-005 for TM 32279 and TM 33336 Palo Verde I and II (:ALIFORNIA Please list the Contracting Party / Vendor Name, type of agreement to be executed, including any change orders or amendments, and the type of services to be provided. Make sure to list any related Project No. and Project Name. Authority to execute this agreement is based upon: Iv I Approved by City Council on Dec 21, 2010 under Resolution No. 2010-075 City Manager's signing authority provided under the City's Purchasing Police [Resolution No. 2019-021] for budget expenditures of $50,000 or less. Department Director's or Manager's signing authority provided under the City's Purchasing Policy [Resolution No. 2019-021] for budget expenditures of $15,000 and $5,000, respectively, or Tess. Procurement Method (one must apply): Bid RFP [1 RFQ j I 3 written informal bids Sole Source fl Select Source Cooperative Procurement Reauesting department shall check and attach the items below as appropriate: Agreement payment will be charged to Account No.: Agreement term: Start Date End Date Amount of Agreement, Amendment, Change Order, etc.: $ REMINDER: Signing authorities listed above are applicable on the aggregate Agreement amount, not individual Amendments or Change Orders! Insurance certificates as required by the Agreement for Risk Manager approval 11 Approved by: Date: Bonds (originals) as required by the Agreement (Performance, Payment, etc.) Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) NOTE: Review the "Form 700 Disclosure for Consultants" guidance to determine if a Form 700 is required pursuant FPPC regulation 18701(2) Business License No. Expires: Requisition for a Purchase Order has been prepared (Agreements over $5,000) 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 # 2022-0460071 11/04/2022 11:18 AM Fees: $0.00 Page 1 of 10 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: ESTHER #037 APN(s): See Exhibit A SPACE ABOVE THIS LINE FOR RECORDER'S USE STORM WATER MANAGEMENT/BMP FACILITIES AGREEMENT NO. 2022-005 City of La Quinta, Riverside County, California THIS AGREEMENT, is made and entered into this 3rd day of November , 20 22 , by and between WH Palo Verde 37, LLC a Delaware 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 Tract Map No. 32279 as recorded by deed in the land records of Riverside County, California, Map Book 397 Page 45-48, and Tract Map No. 33336 as recorded by deed in the land records of Riverside County, California, Map Book 432 Page 18-21, 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 58 and its stoiiii 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 0156 101S; t 1 0 DOC #2022-0460071 Page 2 of 10 WHEREAS, the Site Plan/Improvement Plans known as the Palo Verde, Tract Map No. 32279 and Tract Map No. 33336 (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 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, sand filters, 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 Penult, 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 1561 -2- DOC #2022-0460071 Page 3 of 10 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 or property 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 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. -3- DOC #2022-0460071 Page 4 of 10 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 Avenue 58 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 -4- DOC #2022-0460071 Page 5 of 10 WITNESS the following signatures and seals: LANDOWNER LANDOWNER WH Palo Verde 37, LLC, a Delaware limited liability company By: William Communities, LLC, a California limited liaty company Name: Lance K. Williams Title: CEO ATTEST: By: 3 C' Name: Please Print Title: Notary must attach an "All -Purpose Acknowledgement" ATTEST: By: V Monika Radeva By: Name: Please Print Title: (Seal) CITY OF LA QUINTA By: Jon McMill Cit ► . nager, City of La Quinta APPROVED AS TO FORM: Ii I b\a.02� . By: William H. H. Ihrke City Clerk, City of La Quinta 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. 2479/015610-0002 1015111_03a09,06122 -5- DOC #2022-0460071 Page 6 of 10 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 November 3, 2022 before me, MONIKA RADEVA, Notary Public, personally appeared JON McMILLEN (as City Manager for the City of La Quinta) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/Ghc/thcy executed the same in his/hcr/thcir authorized capacity(i-es-), and that by his/hcr/thcir 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: MONIKA RADEVA Notary Public - California Riverside County Commission # 2334260 My Comm. Expires Oct 22, 2024 (notary seal) DOCUMENT: Storm Water Management/MBP Facilities Agreement No. 2022-005 with WH Palo Verde 37, LLC, a Delaware limited liability company (landowner') Tract Map 32279 - Palo Verde I Tract Map 33336 - Palo Verde II DOC #2022-0460071 Page 7 of 10 CALIFORNIA 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 1-oi On personally appeared 1 7 Zrv2 Z before me, L.. 1( �3 �.Ji7 %J)c. D to Here Insert Name and Title of the Officer LA \ \C. • UI \ Lt...( A-L-5 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/s - execu ei ame in his/her/their authorized capacity(ies), and that by his/her/their signa,. e(s) on the instrument the . on(s), or the entity upon behalf of which the person(s) acted, executed th- instrument. KELLY BROWN Notary Public • California Los Angeles County f Commission # 2408836 My Comm. Expires Jul 20, 2026 Place Notary Seal and/or Stamp Above 1 •-rtify under PE WO •' r' der the law -.f the State of Califor hat the foregoing paragr. is true and correct. WITNESS my ' +d and official seal. Signature Signa e of Note ► +lic OPTIONAL Completing this information can deter alteration of the dog., ment or fraudulent reattachment of this form to an unintended doc * -nt. Description of Attached Document Title or Type of Document: Document Date: Avj w• W Number of Pages: (Q Signer(s) Other Than Named Above: jv. fiA•itc%ti1\t'r"\ tr�w..AGes. 'eats....� Wi1\Cea+. 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: ©2019 National Notary Association DOC #2022-0460071 Page 8 of 10 EXHIBIT 'A' LEGAL DESCRIPTION DEVELOPER PROPERTY LOTS 1 THROUGH 23, INCLUSIVE AND LETTERED LOTS 'A' THROUGH 'F', INCLUSIVE OF TRACT NO. 33336 RECORDED IN BOOK 432 OF MAPS, AT PAGES 18 THROUGH 21, INCLUSIVE, TOGETHER WITH LOTS 2, 9 THROUGH 12, INCLUSIVE, 16 THROUGH 22, INCLUSIVE, 29 AND 30 AND LETTERED LOTS 'A' THROUGH 'C', INCLUSIVE, AND 'E' AND 'F' OF TRACT NO. 32279 RECORDED IN BOOK 397 OF MAPS, AT PAGES 45 THROUGH 48, INCLUSIVE, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS -OF -WAY AND EASEMENTS OF RECORD. APN(s): 762-480-002 762-480-009 762-480-010 762-480-011 762-480-012 7 OG n-46 U A n 10 0-V 762-480-017 762-480-018 762-480-019 762-480-020 762-480-021 762-480-022 762-480-029 762-480-030 762-480-031 762-480-032 762-480-034 762-480-035 762-510-001 762-510-002 762-510-003 inn or n n nn A / VG-O I 762-510-005 762-510-006 762-510-007 762-510-008 762-510-009 762-510-010 762-510-011 762-510-012 762-510-013 762-510-014 Page 1 of 1 762-510-015 762-510-016 762-510-017 762-510-018 762-510-019 �cn can nnn /VL-V IV-VGV 762-510-021 762-510-022 762-510-023 762-510-024 762-510-025 762-510-026 (retention basin) 762-510-027 762-510-028 DOC #2022-0460071 Page of 1 0 RESOLUTION NO. 2010 - 075 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE STORM WATER MANAGEMENT/ BMP FACILITIES AGREEMENTS WHEREAS, under the City's National Pollutant Discharge Elimination System (NPDES) permit, certain development projects are required to submit a project - specific Water Quality Management Plan (WQMP) for review and approval; and WHEREAS, one of the requirements of the WQMP is to address the operation and perpetual maintenance for all of the Best Management Practices (BMPs) identified in the WQMP; and WHEREAS, BMPs are the practices, procedures, policies, prohibitions, schedules of activities, structures or devices that are implemented to prevent or minimize pollutants coming in contact with precipitation, storm water runoff, or non -storm water flows. BMPs are also structures or devices that remove pollutants from storm water runoff before the runoff enters a storm water drainage system or surface water; and WHEREAS, 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 BMPs; and • WHEREAS, the execution of these agreements is expected to be routine in nature. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. Adopt a Resolution of the City Council authorizing the City Manager to execute the Storm Water Management/BMP Facilities Agreements subject to minor modifications as approved by the City Attorney and City Manager. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 21 s` day of December, 2010, by the following vote: DOC #2022-0460071 Page 10 of 10 Resolution No. 2010-075 Authorizing the City Manager to Execute Agreements For Storm Water Management/BMP Facilities Adopted: December 21, 2010 Page 2 AYES: Council Members Evans, Franklin, Henderson, Mayor Adolph NOES: Council Member Sniff ABSENT: None ABSTAIN: None City of La Quinta, California ATTEST: VERONICAONTECINO, CMC, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: M. KATHERINE ON, City Attorney City of La Quinta, California