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2014 Alta Verde (AV) Construction, LLC - Storm Water Mgmt BMP 2013-001RECEIVED TdT 4 4a Qumz CLERK'S OFFICE MEMORANDUNJONMAY 23 AM 9.57 CITY OF LA QUINTA CALIFORNIA TO: frank Spevacek, City Manager FROM: 61111mothy R. Jonasson, P.E., Public Works Director/ City Engineer Ed Wimmer, P.E., Development Services Principal Engineer DATE: May 21, 2014 RE: Storm Water Management / BMP Facilities Agreement No. 2013-001 for Tract 34243, Coral Mountain or Pasatiempo Attached for your signature is one (1) original Storm Water Management / BMP Facilities Agreement No. 2013-001 between AV Construction, LLC 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 all originals and return them to the City Clerk for final distribution. Requesting department shall check and attach the items below as appropriate: A Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) is attached with no reportable interests in LQ or __ reportable interests _ A Conflict of Interest Form 700 Statement of Economic Interests is not required because this Consultant does not meet the definition in FPPC regulation 1 8701(2). Authority to execute this agreement is based upon: Approved by the City Council on X City Manager's signature authority provided under Resolution No. 2010-075 City Manager's signature authority provided under Resolution No. 2005-095 Public Works projects for $30,000 or less. City Manager's signature authority provided under Resolution No. 2005-096 Service agreements for $30,000 or less. _ City Manager's signature authority provided under Contract Change Order Policy Contracts under $100,000 = 10% max, contracts over $100,000 = $25,000 max The following required documents are attached to the agreement: X Insurance certificates as required by the agreement (initialed by Risk Manager on s �q date) Performance bonds as required by the agreement (originals) X City of La Quinta Business License (copy or note number & expiration date here 109662 exp 2128115 . 1 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 # 2014-0202040 06/02/2014 04:27 PM Fees: $0.00 Page 1 of 9 Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk & Recorder ""This document was electronically submitted to the County of Riverside for recording— Receipted by: AGONZALEZ APN(s): multiple - see Exhibit A SPACE ABOVE. THIS LINE FOR RECORDER'S USE STORM WATER MANAGEMENTBMP FACILITIES AGREEMENT NO.2013-001 City of La Quinta, Riverside County, California THIS AGREEMENT, is made and entered into this .B day of 1-1 20� by and between AV Construction, LLC, a California limited liability company her called the "Landowner," and the City of La Quinta, California, hereinafter called the "City." RFCTTAT R WHEREAS, the Landowner is the owner of certain real property described as Lots 1 to 15, inclusive, and Lots 27 to 38, inclusive, and Lots 63 to70, inclusive, and Common Area Lots B through M, inclusive of Tract Map No. 34243 as recorded by deed in the land records of Riverside County, California, Map Book 416 Page 69-74 ("Tract No. 34243"), 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 Landowner has previously recorded a Stormwater Management Agreement in substantially the same form ("Phase One Agreement") against Lots 16 through 26, inclusive, and Lots 39 through 62, inclusive of Tract No. 34243, and by entering into this Agreement, it is the intent of the Landowner and the City that the entire Tract No. 34243 be covered by the provisions set forth in this Agreement and the Phase One Agreement, collectively; and WHEREAS, Landowner's predecessor in interest in and to the Property and the Phase One Property (the "Prior Owner") prepared and executed that certain Declaration of Covenants, Conditions, Restrictions and Reservation of Easements for Pasatiempo (the "Declaration"), which was recorded on December 5, 2007, as Instrument No. 2007-0729802, in the Official Records of Riverside County. The Declaration provides for the establishment of the Pasatiempo Community Association (the "Original HOA") to maintain the common areas of the Property and Phase One Property. On or around the time the Prior Owner lost the Property and the Phase One Property through foreclosure, the Original HOA was suspended. Landowner has incorporated a new community association named Coral Mountain Estates Homeowners' 882/015610-0137 5788243.3 AM14 a DOC #2014-0202040 Page 2 of 9 06/02/2014 04:27 PM Association, a California nonprofit mutual benefit corporation (the "HOA"). The HOA will not assume the common area maintenance obligations of the Original HOA until Landowner conveys the common area, or portions thereof, to the HOA; 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 Landowner is proceeding to build on and develop the Property; and WHEREAS, the Site Plans/Improvement Plans known as Tract Map No. 34243 Coral Mountain or Pasatiempo (hereinafter collectively called the "Plan"), as approved or to be approved by the City, provide for the installation of permanent stormwater management and pollution prevention measures (the "BMP Facilities") within the confines of the Property. Installation of the BMP Facilities was completed by the Prior Owner; 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, (i) the Landowner, on behalf of itself and its successors, heirs and assigns, including the HOA and any successor homeowners association, and (ii) the City 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, retention basins, manholes, storm drain pipes, drywells, and outlet structures) be constructed and maintained by the Landowner, its successors, heirs, and assigns, including, but not limited to, the HOA and any successor homeowners association; and WHEREAS, on June 25, 2012, Landowner entered into that certain Maintenance Agreement with the HOA whereby Landowner has agreed to maintain the common areas and common area improvements within the Property and Phase One Property, including the BMP Facilities, until such time as said areas and facilities are deeded to or taken over by the HOA (the "Maintenance Agreement"). The Maintenance Agreement was approved by the California Department of Real Estate upon Landowner posting a bond to secure its performance thereunder; and 882/015610-0137 5788243.3 AM14 -2- DOC #2014-0202040 Page 3 of 9 06/02/2014 04:27 PM 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, which are incorporated herein by this reference, 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 were constructed by the Prior Owner, in accordance with the plans and specifications identified in the Plan. The BMP Facilities are a part of the common area improvements for the Property. In the event that Landowner fails to maintain the BMP Facilities, Landowner agrees that the City shall have the right to seek enforcement of the Maintenance Agreement as though the City had been named therein as a third party beneficiary. 2. The Landowner, its successors, heirs, and assigns, including the HOA and any successor 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 ponds, retention basins, 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 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 copy records related to storm water compliance, and to collect samples and tax measurements. Whenever reasonably 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 882/015610-0137 5788243.3 AM14 -3- DOC #2014-0202040 Page 4 of 9 06/02/2014 04:27 PM 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 the HOA and any successor 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 the BMP 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 Section 5. The Landowner, its successors, heirs, 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 $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 882/015610-01.17 5788243.3 AM14 -4- DOC #2014-0202040 Page 5 of 9 06/02/2014 04:27 PM insured endorsement shall expressly name the City, its officers, officials, members, agents, representatives, 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 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. 11. From and after the date Landowner provides documentary evidence satisfactory to City that (i) Landowner had sold of all right, title and interest in the Property, or (ii) the HOA has assumed all of Landowner's obligations set forth herein and all of the Original HOA's common area maintenance obligations set forth in the Declaration, pursuant to one or more assignment and assumption agreements reasonably acceptable to the City Attorney, Landowner shall be relieved of all liability hereunder and City shall look solely to Landowner's successors in interest, including without limitation, the HOA and any successor homeowner's association, for performance of the obligations set forth herein. THIS SPACE INTENTIONALLY LEFT BLANK — SIGNATURES BEGIN ON NEXT PAGE 892/015610-0137 5788243.3 AM14 -5- WITNESS the following signatures and seals: LANDOWNER By: AV Construction, LLC, a California liability com By: ,, Name: Y G.V la Please Print Title: V-1Q wcroatrt� David Kivitz, Vice President ATTEST: By: Susan Maysels City Clerk, City of La Quinta LANDOWNER By: AVConstruction, LLC, a California limited liability company By: - Name: Andrew Adler Title: President (Seal) pe cek City Manage, i a Quinta APPROVED AS TO FORM: SIGNED IN COUNTERPART By: M. Katherine Jenson 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. 882/015610-0137 5788243.3 AM14 -6- WITNESS the following signatures and seals: IRIM1161TWIM By: AV Construction, LLC, a California liability com By: Name: D &V 16 bV4Z.- Please Print Title: _ i Afjl-� David Kivitz, Vice President ATTEST: BY: Susan Maysels City Clerk, City of La Quinta LANDOWNER By: AVConstruction, LLC, a California limited liability company By. ��s Name: Andrew Adler Title: President (Seal) By: Frank J. Spevacek City Manager, City of La Quinta S By: r M. atherine Jenson City Attorney, City of 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. 8821015610-0137 5788243.3 AM14 -6- State of California County of Los Angeles On M&V ,before me, ("l • � i lii.l (insert name and tle of the offic ) Notary Public, personally appeared AlndaW Ad I er ax d Vi d t 04Z , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/0!1P subscribed to the within instrument and acknowledged to me that he/she6p executed the same in his/hor authorized capacity(ies), and that by his/her/0ei signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY the foregoing paragraph is true and correct. WITNESS my hand and official seal. under the laws of the State of California that M. TMISAULT Commission No. 2046757 NOTARY PUBLIC-CALIFORNIA LOS ANGELES COUNTY .�My Comm Expires OCTOBER 25, 2017 Signature • State of California County of IxolscAn@C1e% Riverside (Seal) On J1,(� Z tot , before me, Susan Maysels (insert name and title of the officer) Notary Public, personally appeared Frank J. Spevacek who proved to me on the basis of satisfactory evidence to be the person(y) whose name(o) is/*W subscribed to the within instrument and acknowledged to me that he/sIN!(i hW executed the same in his/%�authorized capacity(ies), and that by hiss signature(*) on the instrument the person*, or the entity upon behalf of which the person(/#) acted, executed the instrument. certify under PENALTY OF PERJURY under the the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 2MAald�� laws of the State of California that SUSAWMAYSELS Commission # 2017258 i I:,� Notary Public California z Riverside County My Comm. Expires Apr 13, 2017 (Seal) 882/015610-0137 5788243.3 AM14 -7- DOC #2014-0202040 Page 9 of 9 06/02/2014 04:27 PM 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: Lots 1 to 15, inclusive, and Lots 27 to 38, inclusive, and Lots 63 to 70, and Common Area Lots B through M, inclusive, of Tract Map No. 34243 as recorded by deed in the land records of Riverside County, California, Map Book 416 Page 69-74, APN NOS: 762-490-001-5 762-490-002-6 762-490-003-7 762-490-004-8 762-490-005-9 762-490-006-0 762-490-007-1 762-490-008-2 762-490-009-3 762-490-010-3 762-490-011-4 762-490-012-5 762-490-013-6 762-490-014-7 762-490-015-8 762-490-027-9 762-490-028-0 762-490-029-1 762-490-030-1 762-490-031-2 762-490-032-3 762-490-033-4 762-490-034-5 762-490-035-6 762-490-036-7 762-490-037-8 762-490-038-9 762-490-063-1 762-490-064-2 762-490-065-3 762-490-066-4 762-490-067-5 762-490-068-6 762-490-069-7 762-490-070-7 762-490-071-8 762-490-072-9 762-490-073-0 762-490-074-1 762-490-075-2 762-490-076-3 762-490-077-4 882/015610-0137 5788243.3 AM14 -8- ok tld 5-28-14 6VCONSI OP ID: DM T CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDONYYY) 05/22/2014 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 endorsements). PRODUCER Phone: 714-516-2960' Rohm Insurance Agency 26 Plaza Square, Suite 200 Fax: Orange, CA 92866 REVISED CT NAME: PHONE FAX -IA(D,No Eatr Arc No):_ EMAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC N INSURER A: American Safety Indemnity Co. 25433 INSURED AV Construction, LLC 71905 Highway 111, Ste G Rancho Mirage, CA 92270 INSURER B: INSURERC: INSURER D: i I- INSURER E: - .. INSURER F: l�COTICtI/1TC KIItT11UC0. MF•\llSHM nII11VIMS K_ v 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. INSR TYPE OFINSURANCE %NSR SUBR POLICYNUMBER MMIDDIYYYY MMIDDIYYY CYEXP LIMITS LTR GENERAL LIABILITY EACH OCCURRENCE $ 2,000,00 PREMISES Ea occurrence $ 50,00 A X COMMERCIAL GENERAL LIABILITY X ESL10018101201 1111212012 11l12/2014 MED EXP (Any one person) $ EXCLUDE CLAIMS•MADE Fx—] GCCUR PERSONAL & ADV INJURY $ 2,000,001 GENERAL AGGREGATE S 2,000,000 I GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS • COMPIOP AGG $ 2,000,001 S POLICY PRO, LOC AUTOMOBILE LIABILITY F2 acccidentED SINGLE LIMIT $ ^ BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per accident) S ALL OWNED SCHEDULED AUTO AUTOS NON -OWNED I HIRED AUTOS AUTOS PROPERTY DAMAGE Per accident $ S UMBRELLA LIAB I EACH OCCURRENCE S AGGREGATE $ EXCESS LIAB HOCCUR CLAIMS -MADE DED RETENTION S $ .WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN ANY PROPRIEfORIPARTNERIEXECUTIVE E WC STAT I OTH- __,IORVLIMI7S____-._— E.L. EACH ACCIDENT $ E.L.DISEASE - EA EMPLOYEE S OFFICERIM EMBER EXCLUDED? ❑ (Mandatory in NH) - N ! A E.L. DISEASE - POLICY LIMB $ If yes, describe under I DESCRIPTION OF OPERATIONS below I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 501, Additional Remarks Schedule, If more space is required) THE CITY OF LA QUINTA, ITS OFFICERS, AND EMPLOYEES ARE NAMED ADDITIONAL INSURED GENERAL LIABILITY PER ATTACHED ENDORSEMENT. RE: STORM WATER MANAGEMENT/BMP FACILITIES AGREEMENT NO. 2013-001, TM 34243, AVENUE 58, LA QUINTA, CA GtKIIMUAIt MULUtK 1W.V LAQUINT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CITY OF LA QUINTA 78495 CALLE TAM PICO LA QUNITA, CA 92253 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD ViA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MAN 05 001 03 05 SPECIAL ENDORSEMENT ( ADDITIONAL INSURED ENDORSEMENT -- OWNERS, LESSEES OR CONTRACTORS (MODIFIED FORM 13) ) This Endorsement shall not serve to increase our limits of insurance, as described in the LIMITS OF INSURANCE section of the policy. It is agreed that the following changes are incorporated into the policy: This Endorsement shall not serve to increase our limits of insurance, as described in SECTION III - LIMITS OF INSURANCE. Name of Person or Organization: City of La Quinta, its officers, and employees Attn: Public Works P.O. Box 1504 La Quinta, CA 92253 Re: Storm Water Management/BMP Facilities Agreement, No. 2013-001, TM 34243, Avenue 58, La Quinta, CA Effective Date: 1/3/2013 In consideration of the payment of premiums, it is agreed that the following changes are incorporated into the policy: WHO IS AN INSURED (SECTION II) is amended to include as an insured the person or organization shown above, but only with respect to defense and liability arising out of "your work." This endorsement applies only to ongoing operations performed by the Named Insured for the Additional insured and only if performed on or after the effective date of this endorsement. Coverage under this Endorsement applies only as respects a legally enforceable written contract with the Named Insured when such person or organization is required to be named as an Additional Insured in a written contract with the Named Insured entered into prior to the loss or damage. Coverage under this Endorsement for defense and indemnity applies only when the "suit" for damages is based on the Named Insured's sole negligence. Coverage applies only for "bodily injury" or "property damage," not owned by any insured, caused by an "occurrence" under Coverage A not otherwise excluded in the policy to which this endorsement applies. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed or have been put to their intended use by a third person other than another contractor, whichever is earliest. If this policy includes a self -insured retention or deductible endorsement, such endorsement shall apply to each insured and affect our obligations pursuant to the policy. It is further agreed that irrespective of the number of entities who qualify as insureds under this policy in no event shall our limits of liability exceed the limits of liability designated in the Declarations. All other terms, conditions and exclusions under the policy are applicable to this Endorsement and remain unchanged. MAN 05 001 03 05 Copyright© 2005 American Safety Indemnity Company Page 1 of 1 www.amsafety.com