2023 DRP CA 3, LLC & Beazer Homes Holdings, LLC - Storm Water Mgmt BMP 2021-002MEMORANDUM ta Qa�&a
( U.11:0KNIA
DATE: January 11, 2023
TO: Monika Radeva, City Clerk
FROM: Amy Yu, Associate Engineer
RE: Storm Water Management / BMP Facilities Agreement No. 2021-002 for Tract Map No.
31249, Cantera at Coral Mountain
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] 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 less.
Procurement Method (one must apply):
❑_ Bid F-1. RFP ❑ RFQ ❑_ 3 written informal bids
❑ Sole Source ❑ Select Source ❑ Cooperative Procurement
Reauestina department shall check and attach the items below as auurouriate:
❑- Agreement payment will be charged to Account No.:
❑✓J Agreement term: Start Date 1 /1 1 /2023 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
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 # 2023-0013732
01/18/2023 01:44 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: ESTHER #037
APN(s): See Exhibit A SPACE ABOVE THIS LINE FOR RECORDER'S USE
STORM WATER MANAGEMENT/BMP
FACILITIES AGREEMENT NO. 2021-002
City of La Quinta, Riverside County, California
THIS AGREEMENT, is made and entered into this 1146 day of 'SawAarq., , 20 13, by
and between DRP CA 3, LLC, a Delaware limited liability company, and Beazer Homes,
Holdings, LLC, a Delaware limited liability company, hereinafter called the
"Landowners" and the City of La Quinta, California, hereinafter called the "City."
RECITALS
WHEREAS, the Landowners are the owner of certain real property described as Cantera
at Coral Mountain. Tract Map No. 31249 as recorded by deed in the land records of
Riverside County, California, Map Book 411 Page 23 — 27, 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 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 Landowners are proceeding to build on and develop the Property, and
WHEREAS, the Site Plan/Improvement Plans known as the Cantera at Coral Mountain,
Tract Map No. 31249 (hereinafter called the "Plan"), as approved or to be approved by the City,
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DOC #2023-0013732 Page 2 of 8
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 Landowners, 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, 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 Landowners' maintenance, operations,
an u iiiSp�� uvi� vvuguLl uuu� i ui+Il� �.uy''o 1_1viuiiiaiide and the apprvra u , 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 Landowners, 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 Landowners, 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 Landowners, 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
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DOC #2023-0013732 Page 3 of 8
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 Landowners, 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, 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 routineIV maintain or repair said facilities.
6. The Landowners, 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 Landowners, 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
Landowners, its successors, heirs, and assigns, with an itemized invoice of the City's costs and
the Landowners shall pay the invoice within thirty (30) days. If the Landowners, 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 frorn pursuing other legal recourse
against the Landowners.
8. This Agreement imposes no liability of any kind, whatsoever on the City. The
Landowners, 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 Landowners, its successors, heirs,
and assigns, shall maintain liability insurance specifically covering the BMP facilities and the
City.
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DOC #2023-0013732 Page 4 of 8
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 Landowners, 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.
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SIGNATURES BEGIN ON NEXT PAGE
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DOC #2023-0013732 Page 5 of 8
WITNESS the following signatures and seals:
LANDOWNER LANDOWNER
/s/DRP CA 3, LLC,
a Delaware limited liability company
By: Beazer Homes Holding, LLC,
a Delaware limited liability company
its Attorney -in -Fact
Kimberly N. Molina
Name:
Pleas4 0ealon
Title:
ATTEST:
By:
Name:
Please Print
`Title:
Notary must attach an "All -Purpose
Acknowledgement"
ATTEST:
By:
Monika Radeva
City Clerk, City of La Quinta
Beazer Homes Holdings, LLC,
a .Delaware limited liability
company
KO*m y N. Molina
Name:
Please ri@St Region
Title:
(Seal)
CITY OF LA QUTNTA
o
By:.
Jon McM_iucal-
11
- t-.Y 15 -, City of La Quinta
APPROVED AS TO FORM:
By: &e,ec.�... .------�Ca...---
William H. lhrke
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 tlie corporation must sign and the corporate seal must be affixed thereto.
24179/0/5610-0002
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DOC #2023-0013732 Page 6 of 8
A notary public or other of 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>iia.�ie�
On 041A� V, 2t»3 _, before me I . N; V"6CAS
��,//
� (insert name and title of the officer)
Notary Pu ic, personally appeared V-' ev- N . r��l t "k,,.d.
who proved to me on the basis of satisfactory evidence to be the person( -}whose nam is/
subscri ed to the within instrument and acknowledged to me that ht she t executed the same
so ��
in et
authorized capacity(xes), and that by her, heir signature( on the instrument'
the pet. n(- or the entity upon behalf of which the person acted, executed the instrument.
'
�ab�W
I certify under PENALTY OF PERJURY under the laws of the State of California that w In E
0
the foreg"v.;n,.anb k�,rh Correct.
.c A ."
�
r
WITNF,�S�v hand and official seal. y+�
Si
(Seal)
A noltcry_j2ub 'e'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
before me,
(insert name and title of the officer)
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by liis/her/their 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
2479`015610-0002
1015I 11.03 a1?0802 -6-
(Seal)
DOC #2023-0013732 Page 7 of 8
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 January 12, 2023 before me, LAURIE McGINLEY, Notary Public,
personally appeared JON McMILLEN 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:
LAURIE MCGINLEY
Notary Public - California
Riverside County
Commission ; 2377907
Comm. Expires Oct fi, 2025
(notary seal)
Storm Water Management Facilities Agreement No. 2021-002 TM 31249
DOC #2023-0013732 Page 8 of 8
I W4 so I I a] I W.-I
LEGAL DESCRIPTION OF PROPERTY
REAL PROPERTY IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
LETTERED LOTS `13% `D', `F' THROUGH `W, INCLUSIVE, AND `J- THROUGH `S-,
INCLUSIVE OF TRACT MAP NO. 31249 RECORDED IN BOOK 411 OF MAPS, AT PAGES
23 THROUGH 27, INCLUSIVE, LOCATED IN THE NORTHWEST QUARTER OF
SECTION 28, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SBM.
APN(s): 766-140-036, 766-140-037, 766-140-038, 766-140-039, 766-070-009, 766-070-010
24791015610-0002
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