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2012 Mega Dealer & Torre, Inc - Storm Water Mgmt BMP 2012-00100-* o% RECORDING REQUESTED BY AND WHEN RECORDED RETURN TOr City of La Quinta City Clerk P.O. Box 1504 La Quinta, CA 92253-1504 EXEMPT FROM RECORDERS FEES PURSUANT TO GOVERNMENT CODE SECTIONS 6103 AND 27383. APN: 600-020-018 DOC # M 2-023W 62 05/18/2012 10:04A Fee:NC Page 1 of 8 Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk 8 Recorder 111111111111111111 IR 111111111111111111111111111111 S FM R U PAGE SIZE DA MISC LONG RFD COPY A L 465 426 PCOR NCOR SMF CHG QEMM � -- T�- " CTY UNI STORM WATER MANAGEMENTBMP FACILITIES AGREEMENT NO.2012-001 City of La Quinta, Riverside County, California THIS AGREEMENT, is made and entered into this �t"day of G H , 20�, by and between=Tvtrga=lleafer,_LICa California 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 describe as Parcel 2 of Parcel Map 28525-1 as recorded by deed in the land records of Riverside County, California, Map Book 193 Pages 85-87, 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 Highway 111, Auto Centre Way, and Auto Center Drive and its stone 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 WHEREAS, the Site Plan/Improvement Plan/Subdivision Plan known as Torre Nissan (hereinafter called the "Plan"), as approved or to be approved by the City, provides for the 2479/015610-0002 1015111.03 a03/06/12 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 is 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 basin, underground detention/retention pond, 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 detention/retention ponds, 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 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 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 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 24791015610-0002 1015111.03 a03/06/12 -2_ 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 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. 2479/015610-0002 1015111.03 a03/06/12 -3- 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 association, in ownership (or any interest therein), for the benefit of Highway 111, Auto Centre Way, and Auto Center Drive 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 stone drains. — THIS SPACE INTENTIONALLY LEFT BLANK — SIGNATURES BEGIN ON NEXT PAGE 2479/015610-0002 --4- 1015111.03 a03/06/12 WITNESS the OWNER: Mega Dealer, L' ' ed By: N Title: resid OWNER: signatures and seals: Company CITY OF LA QUINTA, CA By: Name: Mark Weiss Title: Interim City Manager ATTEST: '^ A By: .dL�U►` � 4044 " Name: Susan May is Title: Interim City Clerk, City of La Quinta APPROVED AS TO FORM: By: Nam . 9.Kathe ' enson Title: 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 the Owner is a corporation, the President/Vice President and the corporate secretary must sign and the corporate seal must be affixed thereto. [NA] -5- State of California ) County of Riverside ) On !/l'a ic-l� S E �(3�L, before me, cuu«r = ue_pr ffic«1 ' Notary Public, personally appeared jb-r' " � !/ [y , who proved to me on the basis of satisfactory evidence to be the personw whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his4wAheir authorized capacity(ies), and that by his/hedthoir-signatureM on the instrument the person(s),or-the entity upon behalf of which the personWicted, executed the instrument. I certify under PENALTY OF PERJURY under the the foregoing paragraph is true and correct. WITNESS my hand State of California County of Riverside laws of the State of California that 'JIIIIIIIIIIII IIIIIIIIII,IIIIIIIIIIIIIIIIOII,IIIIIIIIIIIIIIIIII,IIIIII,IIIIIIIYIIIIIIIIIIII}] BETH SCHULER ®®@ w COMM. #1862935 1 �® Notary Public - California " Riverside County MY Comm. Expires SeP 24. 2013� .rilnnllln nlllnllll ................... nlllnlllli.... llllllllllllpp (Seal) On 94a� � 1 D-04,- , before me, /&c2 SC-iv.-L q (i en name Aga title rthc offi=) Notary Public, personally appeared i�'1 Cum �, e (h /1-'4 r— , who proved to me on the basis of satisfactory evidence to be the person(s) whose namcW islaw subscribed to the within instrument and acknowledged to me that he/sba4hey executed the same in his/bafteir authorized capacity(ies),-and that by his/hedtheir signature(a)-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. WITNESS my hand and official seal. Signature 2479/01561"002 1015111.03 a0Y22/12 -6- 'JIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIBETIH I SCHULER 111111111111- COMM. #1862935 z �•� Notary Public - California o i Riverside County Comm. Expires S ,F. 24, 20Q3 ammnni ��'nnnnm nmonnmpillllllllilire S n nnnnnnmm.nun (Seal) Exhibit A Legal Description Parcel 2 of Tract 28525-1, Recorded in Map Book 133, Page 85 of County of Riverside Records. APN 600-020-018 State of California ) 1 County of Riverside 1 On March 26, 2012, before me, SUSAN MAYSELS, Notary Public, personally appeared MARK WEISS 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.gUgNg�jNpYgE g " COMM. #1844479 x NOTARY PUBLIC • CALIFORNIA� RNERSIDE COUNTY Signature„ „� Comm�ionFJ iesAPR13,2013 (seal) DOCUMENT: STORM WATER MANAGEMENT / BMP FACILITIES AGREEMENT NO. 2012- 001 with Mega Dealer, LLC dated March 26, 2012 In �' -1"' �2 sa`COR�• CERTIFICATE OF' LIABILITY INSURANCE °" 31116/2°""20 2 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 CERTICATE HOLDER. IMPORTANT: Ifthe ceNficate holder is an ADDITIONAL INSURED, the pollcy(les) 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 endorsemen a . PRODUCER Zurich, Account Service Center 7045 College Blvd. - Park, KS 66211 Fax: BBB-7346776 Ph: 877-225-5276 Opt. 1 CONTACT_ Zurleh N.A.-Account Service Center NAME' PHHOON . - 877.225-5276 (AJOverland I FAX No): 888-734.6776 n oness: servlce.eenter�zuNehna.eom INSURERS AFFORDING COVERAGE NAIC C INSURED 014489800 INSURERA: Universal Underwriters Insurance Company 41181 INSURER B: Universal Underwriters Of Texas Ins. CO. 40843 TORRE NISSAN w60RERC: 79125 HWY 111 INsuaeao: LA QUINTA, CA 92253 INSURER E: 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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. MR LTR TYPE OF INSURANCE ' ® � ❑ POLICY NUMBER POLICYEFF . MWDD POUCYEXP LIMRs A GENERAL LIABILITY 0COMMERICAL GENERAL UAaUTY MADE ®OCCUR ❑— ❑ — GENL AGGREGATE OMIT APPLIES PER: ❑ POLICY ❑ PROJECT ❑ LOC 318078 .. 09-01.2011 09.01.2012 EACHOCCURENCE s300000 DAMAGETORENTED PREMISES Ea owmarKn If❑❑CLAIMS NED EXP(Afty one pery ) j ' PF,rL1oNALaAovlwuRv $ GENERAL AGGREGATE j PRODUCTS -COMPIOP AGO j A AUTOMOBILE LIABILITY ® ANY AUTO ® ❑ COMBINSINGLE UMIT (BI E3OO,000 BODILY INJURY(Perperaan) a ❑ALLOWNEDAUTOS BOOILYINJURY(Pera 'T j ❑ SCHEDULED AUTOS ® HIRED AUTOS 318078 09-01-2011 09-01.2012 PROPERTY DAMAGE eoc0ent j ® NONOWNEDAUTOS S s A ® UMBRELLAUAB ® OCCUR El ❑ EACHOCCURRENCE $10,000,000, AGGREGATE j . EXCESSICWM3MADE 318078 09-01-2011 09-01.2012 ❑ DEDUCTIBLEBLE PRODUCTS -COMPIOPAGG $ $ ® RETENTION S . WORKERS COMPENSATION AND EMPLOYERS' LIABILITY AN1'PROPIIIATDR.PARrMBLE%ECIRNE YIN aalcEauEnBFAE UDEor ❑ If yu�LesviEe under NIA ❑ ❑ WC 6TATLL TORY LIMT6 ❑ OTH ER E,L EACH ACCIDENT j E.L DISEASE -EA EMPLOYEE- ' E.L. DISEASE -POLICY LIMIT OESCmPT10N OFOPEMTION96elow A OARacELlaeluTv ITYAUTO ®❑ 318078 09-01-2011 09-01.2012 OTHERTHANAUTOEACH ACC: .ONL $300,000 A CUSTOMER AUTO -DIRECT PRIMARY ❑ ❑ 318078 09.01.2011 0901-2012 s400,000 Limit DESCMPTIONOFOPERATR)NSILOCARONSIVEMCLES(Aeaoh ACORD101,AddRional Ren Sohedula,NmomspamtsmquImM Reason for Certificate: General Liability. 30 day notice of cancellation applies, except for cancellation due to non-payment of premium. Spa Additional Rprnarkn qchPduIA Attached CITY OF LA QUINTA ' PO BOX 1504 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. LA QUINTA, CA 92247 Attn: AUTHORIZED REPRESENTATIVE , 1 Fax: 01998-2010 ACORD CORPORATION, All rights reserved ACCHU Za (201 VIVO) Tne. ACORO name and logo are registered marKs OT ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this forth does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ©1988-2010 ACORD CORPORATION, All rights reserved ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER to: 014489800 LOC #: . -'MMqN AC k. — C7 ADDITIONAL REMARKS SCHEDULE Page- 3-of-3- AGENCY NAMEDINSURED Zurich, Account Service Center TORRE NISSAN 79125 HWY 111 POLICY NUMBER 318078 - - LA QUINTA, CA 92253 CARRIER NAIC CODE Universal Underwriters Insurance Company 41181 EFFECTIVE DATE: 09-01.2011 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 26 FORM TITLE: CertificateOftlabilityinsurance HE CITY OF LA QUINTA, ITS OFFICERS, AND EMPLOYEES ARE NAMED AS ADDITIONAL INSUREDS WITH RESPECT TO LIABILITIES ARISING OUT OF THE LANDOWNERS MAINTENANCE, OPERATIONS, AND INSPECTION BLIGATIONS UNDER THE CITY'S ORDINANCE AND THE APPROVED PLANS, ENDORSEMENT 0532 APPLIES. ndorsement 089-Umbrella Limit Inclusive applies. "Torre Nissan" Unicover Policy carries liability limits of $300,000 underlying along with a $10,000,000 Commercial Umbrella for a total liability limit of $10,000,000 per occurrence. ACORD 101 (200SM1) © 2008 ACORD CORPORATION, All rights reserved. The ACORD name and logo are registered marks of ACORD