2015 BR2 LLC & LQ Land Co. - Storm Water Mgmt BMP 2014-010V.13121 PAVY"s I Oki IIIIIII [A XWWIJ [A pill PIN N 911111111 11A Lis to
City of La Quinta
City Clerk
78-495 Calle Tampico
La Quinta, CA 92253-1504
• 6311NIMIK11911K.11011 FIRM
WK=101111111110
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DOC # 2015-0440994
10/06/2015 10:11 AM Fees6 $0.00
Page 1 of 7
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: CLAUDIA #061
THIS AGREEMENT, is made and entered into this 2nd day of October 20 15,
by and between B. LLC, a Delaware limited liability company and LQ Land Company, LLC,
a California limited liability company, hereinafter called the "Landowner," and the City of La
Quinta, California, hereinafter called the "City."
WHEREAS, the Landowner is the owner of certain real property described as Parcel 2 of
Parcel Map 30903 as recorded by deed in the land records of Riverside County, California, Map
Book 205 Page 48-57 excepting that portion lying within Parcel Map 32683-3 in Map Book 213
Page 46-48, 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 Washington Street and Avenue 47 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'); an•
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
C ity staff for inspections, and agree to pay the cost of such City inspections; and
WHERE, AS, the Landowner is proceeding to build on and develop the Property; ani
24791015610-000' 2
1015 1 1 1 03 a[1/05114
managementWHEREAS, the Site Plan/Improvement Plans/Subdivision Plan known as Washington
Park Retail Center Phase 4 ' SDP 2014-938 (hereinafter called the "Plan"), as approved or to be
approved by the City, provides for the installation of permanent stormwater •
pollution prevention measures (the "BMP facilities") within the confines of the Property; and
WHEREAS, the Ordinance requires the proper operation and maintenance of the BP
facilities constructed on the Property; and
WHEREAS,iDPermit,f . • the development conditionsf
?pproval require that the BMP facilities, as shown on the approved Plan, be constructed anon
1rroperly operated and maintained by - Landowner;
includingWHEREAS, the City and the Landowner, on behalf of itself and is successors, heirs and
• •association,and welfare of
residents of of Quinta require• `' basin,
underground r.manholes,pipes and• be • r and
maintained by the Landowner, its successors, heirs, and assigns, including, but not limited to,
any homeowners association;
WHEREAS,Agreement memorializesf opera ion
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 ollows:
1. The on -site BP 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.
Landowner,1 The •; and assigns, including• •
association, adequately maintain the i ' facilities, including,but • • to, all pipes
and channels built to convey storm water to the facility, as well as all structures, catch basin
underground • ponds, improvements,provided • control
workingquantity and quality of the storm water. Adequate maintenance is herein defined as good
• r, • • that these facilities are performing in their design functions.
successors,3. The Landowner, its • assigns, shall annually inspect•
facilities described above by March of t shall submit• •report annually
to the Public Works Department by April Ist 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, • • areas, access roads,Deficiencies shall be
noted in the inspection•, •
Landowner,4. The behalf
grants permission to the City, its authorized agents and employees, to enter upon the Property
f to inspect the ` ' facilities wheneverdeems to enforce the provisions
the NPDES Permit, the Ordinance or this Agrcernent or •• so by '
Permit, The purpose• on • deficiencies d
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to citizen complaints, and meet the requirements of the NPDES Permit. The City may enter th
Property at any reasonable time to inspect the BMP facilities and their operation, to inspect an 11
copy records related to storm water compliance, and to collect samples and tax measurement
Whenever possible, the City shall provide notice prior to entry. The City shall provide t
Landowner, its successors, heirs, and assigns, copies of the inspection findings and a directive t,
commence with any repairs if necessary. I
5� In the event the Landowner, its successors, heirs, and assigns, fails to maintain t
BMP facilities in good working condition and in accordance with the NPDES Permit and t
City's ordinance, the City, upon prior notice, may enter upon the Property and take whatev
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steps it deems necessary to correct deficiencies identified in any inspection report to return
BMP facilities to good working order and charge the costs of such repairs to the landowner, it,
successors, heirs, and assigns. Nothing in this Section 5 shall be construed to allow the City t
erect any structure of permanent nature on the land of the Landowner outside of the easement f•
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the BMP facilities; nor shall any provision herein be construed to impose any obligation on t
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City to maintain or repair the BMP facilities. It is expressly understood and agreed that th,
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 BW 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.
T In the event the City, pursuant to this Agreement, performs work of any nature, or
expends any funds in perfon-nance 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 ien
against the Property in the amount of such costs, In addition, the City may make the cost of
abat ement 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 iijiury 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,
2479 01 i6 10 2 / - -000 2 101511 1 01 a I I /05r 14 -3-
and assigns, shall maintain liability insurance specifically covering the BP 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 0 1, 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 $1,000,000 per
occurrence for all covered losses and no less than $2,000,000 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
association, in ownership (or any interest therein), for the benefit of Washington Street and
Avenue 47 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 INTENTION ALLY LEFT BLANK —
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Company
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Name' Charles Jack Tarr
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Acknowledgement
J ability company
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A Delaware limited liability
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By:
Jack Tarr -T
Its: Sole Managing Manager
CITY OF LA QUINTA
Digitally signed by F,,nk J Spe—al,
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Sp a acak
Date :201510051037:30-07W
Frank J. Spevacek
City Manager, City of La Quinta
ATTEST: APPROVED AS TO FORM:
Digitally signed by City of La Quin ta
DN:
1.1l.lN.nabe,-6f.hzhdhfp93cr,
c=Us , st=Califomia, I=La Quinte,
—City of L. Quint., cn-City of La I
Quint
Date: � 411491-1-14 =74e&o—
BY: 2015,10 05 13:05:16 -0700' B Y:
Susan Maysels William H. lhrke
City Clerk, City of La Quinta City Attorney, City of La Quinta
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corporation must sign and the corporate seal must be affixed thereto,
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State of California
County of °de 0 P-A N
On No�014 before me, HqF--rf4A
(insert name and fitle of the office,)
NotaryPublic personally appeared
who proved to me on the basis of satisfactory evidence to be the person(&) whose name(&) is/afe
subscribed to the within instrument and acknowledged to me that he/shOdiey executed the same
in his/her/th6r authojjjjd ggacigiosi and that bi his/her/their siinaturelO on the instrument
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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,
Si gnatur� % (Seal)
State of California
County of4• 0 VZA N&C
On 0 VG H13 M a 0 1 before me, R P, T (A A
(insert name and title of the officer)
Notary Public, personally appeared -TA R 9, --,
who proved to me on the basis of satisfactory evidence to be the person(&) whose narne(i) Ware
subscribed to the -wit hin-instrwnent and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signaturc(4) on the instrument
the person(,%), 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.
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(Seal)
2479/015610-0002
10 15111.03 a[1/05/14 -6-
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
That certain property located in the City of La Quinta, County of Riverside, State of California,
described as follows:
Parcel 2 as shown by Parcel Map 30903 on file in Book 205 pages 48-58 of Parcel Maps,
Records of Riverside County, California;
Excepting therefrom that portion lying within Parcel Map 32683-3 in Book 213 pages 46-48 of
Parcel Maps.
APN(s): 643-020-032
2479/015610-0002
10 15111.03 &09130115 -7-