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Standard Pacific Corporation A2015-123 relSTANDARD PACIFIC HOMES TRANSMITTAL To: City of Chino Hills Date: April 22, 2015 Attn: City Clerk Address: Community Development Department Projects: Vila Borba Tract 15989 14000 City Center Dr. Chino Hills, CA 91709 From: Martin Langpap Subject: Signed Covenant Sean Doyle Cc: Kim Zippiger, Planner Via: Hand Delivered - D. Topete Qty Description 1 04/21/15 NOTARIZED: Covenant and Agreement and Declaration of Restrictions (Conditions 149, 152 recorded map/community park) The above items are submitted: Please find the above document(s) enclosed. ❑ At your Request ✓ For your review Thank you, ❑ For your files ✓ For your approval ❑ For your use Sean Doyle ❑ For your info Vice President of Project Development Direct Line: 951.898.5525 I Cell: 949.274.6776 I Fax: 949.789.3416 sdovle(Wstanoac.com standn rdoacifichomes.com Inland Empire Division 355 E. Rincon, Suite 300 Corona, CA 92879 Ti (951) 898-5500 F: (951) 898-5580 X5 - 123 WHEN RECORDED MAIL TO: For Recorder's Office Use Only COVENANT AND AGREEMENT AND DECLARATION OF RESTRICTIONS THIS COVENANT AND AGREEMENT AND DECLARATION OF RESTRICTIONS ("Covenant") is made and entered into this 28ttday of April, 2015, by Standard Pacific Corp., a Delaware corporation ("Declarant"), with reference to the following facts: A. Declarant is the fee owner of the real property situated in the City of Chino Hills, County of San Bernardino, State of California (the "Property"), commonly known as Vila Borba, which is legally described in Exhibit "A", attached hereto and incorporated herein by this reference. B. Declarant proposes to develop a planned residential community on the Property, which Declarant is subdividing into multiple tract maps, including proposed Tract No. 15989, proposed Tract No. 16338 and proposed Tract No. 16413 and Tract No. 16414 (collectively, the "Maps"). The Maps were approved by Resolution No. 06R-19 adopted by the City Council of the City of Chino Hills on April 25, 2006. C. Conditions of approval numbers 149 and 152 of the Maps are set forth below: "149. The Applicant shall construct the community park, including but not limited to, the parking lot, plant material and irrigation system installation, recreational equipment and installation. Park construction costs will be credited against park fees owed for all commercial and residential parcels. Park construction costs in excess of the amount of park fees will be borne by the applicant. If park construction costs a total less than the amount of fees owed for all commercial and residential parcels, the applicant will apply the difference between park construction costs and fees owed, up to the full amount of fees owed. Park construction must be substantially complete, as determined by the Community Development Director, prior to issuance of the 180th building permit for tract 15989." ("Condition Number 149"). 3525-121620\SLM294\DECL\1249876.5 4/21/15 "152. The Applicant shall establish a Landscape and Lighting Assessment District for all publicly held lots, easements, and facilities for their long-term maintenance and eventual replacement. The Applicant shall prepare all documents for the City's review and approval. All costs for Landscape and Lighting Assessment District establishment shall be borne by the Applicant or their successors in interest. The Community Development Director or his designee has the option to move the deadline date for Landscape and Lighting Assessment District establishment if it is necessary. The Landscape and Lighting Assessment District shall include, but not be limited to the following lands and facilities, as determined by the City. • Natural, Native, and/or Re-established open space • Parks Multi-Use Trails, Assess, Tunnels and Trailheads • Fire Safety Access and Facilities • Wetlands • Public Parkways and Medians, if not already in a district." ("Condition Number 152"). D. The City Council of the City of Chino Hills ("City") has determined that the establishment of a Community Facilities District pursuant to the Mello-Roos Community Facilities Act of 1982, Government Code §§53313-53365.7, in place of a Landscape and Lighting Assessment District, substantially complies with the requirement set forth in Condition Number 152 provided that Community Facilities District meets all other requirements of Condition Number 152 ("Community Facilities District"). E. Further, the Declarant and the Community Development Director have mutually agreed that it is necessary to move the required deadline date for the establishment of the Community Facilities District set forth in Condition Number 152, and the Community Development Director has required that this Covenant be executed and recorded against the Property by Declarant prior to recordation of the Maps to ensure that no escrow closes on the sale of any commercial or residential lots prior to the establishment of the Community Facilities District, and the City Council of the City has concurred with this determination. F. The City Council required the Declarant to complete the construction of the community park in Condition Number 149 of the Maps, and the Declarant and the City agree that the construction of a park that substantially conforms to the conceptual design, as depicted on Exhibit "B" attached hereto ("Community Park"), according to the schedule set forth below, which requires completion of the Community Park at an earlier point in time than in Condition Number 149, substantially complies with Condition Number 149. G. Declarant willingly agrees to the terms of this Covenant in order to proceed with the recordation of the Maps and issuance of building peinlits for the residential parcels and is willing to record this Covenant without any objection or reservation whatsoever. 3525-121620\5LM294\D ECL\1249876.5 4/21/ 152 NOW, THEREFORE, for the purposes of complying with Conditions Number 149 and 152 imposed by the City for the approval of the Maps, and for the benefit of all future owners of parcels subdivided from the Property, and for the purpose of allowing the recordation of the final Maps and the issuance of building permits for the dwelling units prior to the formation of the Community Facilities District, and for the benefit of the City, and pursuant to all applicable law including, but not limited to, Chino Hills Municipal Code Chapter 16.84,Declarant hereby covenants and agrees with the City that the Property is and hereafter shall be held, conveyed, transferred, mortgaged, encumbered, leased, rented, used, occupied, sold and improved subject to the following declarations, limitations, covenants, conditions and restrictions, all of which are imposed as equitable servitudes pursuant to a general plan for the development of the Property for the purpose of enhancing and protecting the value and attractiveness of the Property, and each parcel thereof, in accordance with the plan for the improvement of the Property, and to comply with certain conditions imposed by the City for the approval of the Maps, and shall be binding and inure to the benefit of each successor and assignee in interest of Declarant. Any conveyance, transfer, sale, assignment, lease or sublease made by Declarant of any portion of the Property shall be and hereby is deemed to incorporate by reference all the provisions of this Covenant including, but not limited to, all the covenants, conditions, restrictions, limitations and equitable servitude contained herein. 1. Covenant to Establish Community Facilities District Prior to Issuance of Any Final Certificate of Occupancy for Any Commercial Structure, and Prior to Finalization of Any Building Permit for Any Dwelling Unit on Any Parcel Subdivided from the Property, and Prior to Release of Electrical Utility for Any Dwelling Unit Except for Release of Electrical Utility for the Six Model Homes (defined below). Declarant hereby declares that it and its successors and assigns shall comply with the following provisions: a. Declarant must establish the Community Facilities District acceptable to the City prior to the close of escrow for the sale of any residential or commercial parcel subdivided from the Property; AND b. Declarant understands, acknowledges, waives any objection and agrees that the City will not issue a final Certificate of Occupancy for any commercial structure, nor finalize building permits for any dwelling unit, on any parcel subdivided from the Property, prior to the formation of such Community Facilities District; AND c. Declarant understands, acknowledges, waives any objection and agrees that the City will not release any electrical utility for any commercial structure, nor release any electrical utility for any dwelling unit, on any parcel subdivided from the Property, prior to the formation of the Community Facilities District, except for dwelling units on Lots 82, 83, 84, 85, 86 and 87 of Tract Map No. 15989 ("Model Homes"). Declarant and the City agree that the foregoing 3525-12162015LM294\DELI-\1249876.5 4/21/ 153 restriction does not apply to the release of electrical utility for (i) power poles, (ii) construction of the dwelling units, (iii) irrigation equipment and (iv) other uses on the Property unrelated to providing electrical utility service for occupancy of a dwelling unit other than the Model Homes or occupancy of a nonresidential structure. 2. Covenant to Commence Construction of the Community Park Prior to the Issuance of the 36th Building Permit for a Dwelling Unit on Any Parcel Subdivided from the Property and Agreeing that the City Will Only Finalize Up To 50 Building Permits for Dwelling Units, and Only Issue Up To 65 Building Permits for Dwelling Units Prior to the Completion of, and Acceptance by the City of, the Community Park. Declarant hereby declares that it and its successors and assigns shall comply with the following provisions: a. Declarant shall cooperate with the City to obtain all necessary permits and approvals to commence construction of the Community Park and shall commence construction prior to the issuance of the 36th building permit for a dwelling unit (exclusive of ancillary structures) on any commercial or residential parcel subdivided from the Property. b. Declarant understands, acknowledges, waives any objections and agrees that the City will only finalize 50 building permits for dwelling units, and only issue up to 65 building permits for a dwelling unit (excluding from the count building permits for ancillary structures) on a parcel subdivided from the Property until the Declarant completes the Community Park and the City accepts the Community Park (which acceptance shall not be unreasonably withheld). 3. Disclosures to Prospective Buyers. Declarant shall affirmatively provide to all prospective buyers of parcels subdivided from the Property the following: a. A disclosure that all commercial and residential parcels subdivided from the Property will be subject to the special tax levied by the Community Facilities District required to be formed; and b. A separate statement with the estimated special tax for the commercial or residential parcel proposed to be sold, and the rate and method of bond terms for the Community Facilities District; and c. A disclosure that no escrow on any parcel subdivided from the Property can close until the Community Facilities District has been formed. 3525-121620\SLM294\DECL\1249876.5 4/21/ 154 4. Enforcement and Remedies. a. Notwithstanding any other provision of this Covenant to the contrary, the City, its successors or assigns has the power and the right, but not the obligation, to enforce any or all provisions of this Covenant as a third party beneficiary. Failure by the City to enforce any restriction, covenant, condition, limitation or reservation imposed by the provisions of this Covenant does not constitute a waiver of the City's right to do so. Declarant agrees to pay all costs associated with such enforcement including, without limitation, reasonable attorney's fees, expert witness fees, and reasonable costs of suit. This provision is intended to be interpreted as broadly as possible under California law to preserve the City's enforcement rights as to the conditions of approval of the Maps. b. In addition to any other remedy available to the City, any sale of a commercial or residential parcel made in violation of this Covenant shall be voidable by the City, its successors or assigns. c. Further, the City is entitled to specific performance of this Covenant including, without limitation, injunctive relief to void the sale of any commercial or residential parcel located on the Property that occurs prior to the formation of a Community Facilities District. The Declarant acknowledges that monetary damage would not remedy all of the harms that would be incurred by the City in the event of such violation. 4. Runs With The Land. a. This Covenant shall run with and burden the Property and will be binding upon all persons having or acquiring any interest in the Property or any part thereof, their heirs, successors and assigns and shall be subject to California Civil Code Section 1104. Any person who now or hereafter owns or acquires any right, title or interest in or to any parcel of the Property shall be deemed to have consented and agreed to every covenant, condition, and restriction contained herein, whether or not any reference to this Covenant is contained in the instrument by which such person acquired an interest in the Property. b. This Covenant shall act as an easement pursuant to Chapter 3 (commencing with Section 801) of Title 2 of Part 2 of Division 2 of the California Civil Code and shall not merge into any other interest in real property pursuant to California Government Code Section 65871(b). 5. Amendment: Termination. Any provision contained herein may be terminated, modified or amended as to all of the Property or any portion thereof only with the prior written approval of the City by its City Manager. 6. Release of Covenant. Chino Hills Municipal Code section 16.84.040 sets forth the procedure for release of this Covenant. 3525-121620\S LM294\DECL\1249876.5 4/21/ 155 7. No Liability to Residential Dwelling Unit Owners for Community Park. No owner of a residential lot subdivided from a parcel on the Property who has purchased their lot pursuant to a Final Subdivision Public Report issued by the California Bureau of Real Estate shall have any personal liability under Section 2 this Covenant for construction or completion of the Community Park. [Signatures on Following Page] 3525-121620\SLM294\DECL\1249876.5 4/21/ 156 IN WITNESS WHEREOF,Declarant has caused this Covenant to be executed as of the day and year first written above. Agreed to By: Standard Pacific Corp., a Delaware corporation Its: Autho ' ed Repressentattive Printai Si A,,,,,„, (./Authoriz C re Tentative Print Name: SE44 Do''ca - Accepted By: CITY OF CHINO HILLS By: P Name: thia Moran Its: Mayor ATTEST: _ AP ROVED A ORM: I„ 0tes44 b tra. se lib Cheryl IIalz,'tity Clerk Mark D. Bensley City Attorney 3525-121620\SLM294\DECL\1249876.5 4/21/ [57 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 lea.e4C6Vlf ) On kir. i. 2-I .45, before me, �I77ii O.41-/-t1nt( JG+attj Alive_ (here insert name aria title of the office personally appeared t')l tii I'-/lig) Lail" aro' &on ! o Ile �J 0 _, who proved to me on the basis of satisfactory evidence to be the person(s hose name(s) i re subscribed +e within instrument and acknowledged to mehe/she 0-xecuted the same in his/her i .uthorized capacity(ies), and that by his/her/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. WITN, SS m hangand official seal. ]a KAREN CUTTRELL E 7 ,,,i Commission #2075995 1� in 4j Notary Public -California n /—. -_- • .a.._ �'Fj Riverside County -- `� (Seal) Signature 3 . Y My Comm.Expires Jul 27,2018 R u' ♦ V"Y"�V'V'Y V . 3525-121620\SLM294\DEO-\1249876.5 4/21/ 158 CALIFORNIA ALL CAPACITY ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO CITY OF CHINO HILLS On April 28, 2015, before me, Cheryl Balz, City Clerk the City of Chino Hills, personally appeared Cynthia Moran, Mayor of the City of Chino Hills, 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 she executed the same in her authorized capacity and that by her 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. r*s'i CHERYL BALZ, CITY CLERK CITY OF CHINO HILLS (SEAL) EXHIBIT"A" Legal Description of the Property Encumbered by This Covenant 3525-121620\S LM 294\DECL\1249876.5 4/21/ 159 EXHIBIT"A-1" LEGAL DESCRIPTION LOT 5 OF TRACT NO. 15710, IN THE CITY OF CHINO HILLS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN ON MAP FILED IN BOOK 274, PAGES 69 THROUGH 73, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. SAID LOT CONTAINS 118.52 ACRES, MORE OR LESS. AS SHOWN ON EXHIBIT"A-2"ATTACHED HERETO AND MADE A PART HEREOF. PREPARED UNDER THE SUPERVISION OF: LAND 1 / seed; 4.7:0,‘ C. -12. STANLEY C. MORS -VPrn o LICENSED LAND SURVEYOR NO. 3640 Exp. 6/30/2016 MY LICENSE EXPIRES 6/30/2016 ` .6 3840 '� P ,ti,��G. CALIF I PAGE 1 OF 1 G:\825V4\IegaIS\CCREXH-A1 doox EXHIBIT "A-2" SHEET 1 OF 1 TTM 15989 \ \ Pet LOT 5 \ TRACT NO. 15710 LOT 6 \\ M.B. 274/69-73 NN LOT 7 \\ S `t30.ERR D WV LOT 4 \\ L2T LOT 3 LOT 1 \\� LOT \ \ TRACT NO. 15710 \\ M.B. 274/69-73 \\ �� Fig WIDE \ +/ NON-ACCESS STRIP-r'' REMAINDER. (NOT-TO-SCALE) • PARCEL SCALE 1"= 800' 800 400 0 800 1 i i GRAPHIC SCALE 1A82514\MAPPING\CCR\EXH-A2.DWG 2015-3-24 EXHIBIT "B" Conceptual Desien of Community Park 3 525-121620\S LM294\D ECL11249876.5 4/21/ 1510 ;a\,\ FEATURE LEGEND \ \ 1 IRtW3(XA4UMEMFi G'PNEV -`., x9..wmcoEraA.:cseucin,.nnan nvnavms,>EE. 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Ci ,-- h, � jaC :LE swzc,mawoocvv2 � ,Ilik • y "l �HHP4444x • �a� \ v // v„ �� • ,,%'Y 1' M PAIkIit �j ® j J. _. a �, eota�ra,xz+,t� a 4El �/ F.-• .� i EEsiwaaa,.w>wva,��yy, � OnExcxEavn�s w`�o,�w1/47# u_JYy\ ,,��✓,F.�� ", ' .4 g£ \ ROwERM.ACIT'.iAFYn�roe� � sxi.a - C iOca..,E„,„.z, a0; A \\" i 0. r • fi`� . i �^'' _ , •''" '�•_� } lit :• nccenxExs ru`wn �.:_ x \rfic a <T w+, "'/�'10 rm.,, w names .. 0. $^ :_ , :.--,Jcl�+aa3 `b..k, ffi � z — mEEsrz`wca '42 ® •� titr- i tgAvaraistCyt k .i, y l l�� �41, *- ,rrrauwln.nem .a,xomm`>w � a'\ x. Vii, .� . ii- �_... o mexrmas nVEM1o,CEW�TW4L'X`SAEE„v«o b GAL ,�•\.'J `� -. "`3 O AVE-1 DEP ica .v u.o. roas an.,n k,sw�r xoyrn� } CONCEPTUAL LANDSCAPE MASTER PLAN ,� ��4 TRACT 15989 - VILA BORBA PARK y CHINO HILLS,CALIFORNIA �^���j ` STANDARD PACIFIC HOMES xu.,.x °"�'�° - `�_.^a