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Fairfield Chino Hills, LP A2017-278WHEN RECORDED MAIL TO City. Clerk City•gf Chino'H.i11$ 14000 City Center Drive Chino Hill, CA S170S A2017=278 Electronically Recorded in Official Records, County of San Bernardino BOB DUTTON ASSESSOR - RECORDER - CLERK 369 City of Chino Hills Doc# 2018-0021692 111111111111111111111111 • 41(09M9Vallile kiNfrf$9li.MORPaR4,4• Titles 1 Fees Taxes CA SB2 Fee Others Paid COVENANT AND AGREEMENT RECARDINO'WATER QUALITY M; NAQEMENT PLAN AND STORMWATER BEST 110.14AP. MENT .PRACTLQ r.. TRANSFER, ACCESS AND MA!I:N.TENANCI ;,AQREEMEN:T CITY OF CHINO HILLS, COUNTY OF SAN •BERNARQINO;STATE OF CALIFORNIA This.Agreement is made and entered info this 29th •day.o , November ., 2017 ' . and between the WY OF CHINO 1,4..0, 4' iiMI.tiaicipa( it ?izia'bot):, >~ereinafter referred to as QITY1 and. Fairfield Chino Hills L.P. hatielnafterreferredtoasOWNER, al fq W1-kR S� Sa Q ema dith l a P a map. No 6 l property situated I C. the Slate of C.. I rl'i , CQ. t: . p' City of Chino Hills, more commonly referred togs San. Bernardino County TaX 6.igsiOr Parcel No. 1017231470000 described in Exhibit A. and depicted iris Exhibit ' attached hereto gild incorporated herein by this referenQe; and' 'WHEREAS, at the time of the Initial approval of the development project known as Villa©lo'at chino. Hills, - Tract 18556. within Itta Propeity described herein, the .City required the project•to employ BeetVianagernent Practices., hereinafter refferred ;te as "BMPpa to niihimlze pollutants ira 'urban :runoff; and WHEREAS, the Qwner.has .phgsan to install and/or implement BM..Fs as described in the Water Quality Management Plan, dated April` 14; 2Q#4 ,on. file with the city, hereinafter referred to as "WQMP", to minimize pollutants: in urban runoff and torninirnize: other adverse impacts of urban runoff; and and WHEREAS, said WQMP has been.certfIf%d by the Owner.n ev%wed and :approved by the City; WHEREAS, said SMPs, with inst).ilatioh artdior'implernedlatlort Op.pfiV4te property, are part of a private facility with all. maintenance or rot?lecemlent -theref€tr t the sole I•esponsibiiity of the 'owner In accordance, With the terms of this Agreement; and W,H.EREA , the Owner is aware that periodic and" continuous maintenance, including, but not necessarily limited. to, filter material replacement and sediment .removal, is required to assure peak performance of all BMPs in the WQMP''anfi that, furthermore, such maintenance activity. will require compliance with all Ldcal., State, or Federal laws and regulations, including .those p:ertaining to confined space and waste disposal methods;lrt effect at the time suoh maintenance. occurs. Page 1 of 4 1/22/2018 10:08 AM NC Pages 9 38.00 .00 75.00 .00 113.00 NOW THEREFORE, it is mutually stipulated and agreed as follows: 1. The Owner shall comply with the WQMP. 2. All maintenance or replacement of BMPs proposed as part of the WQMP is the sole responsibility of the Owner in accordance with the terms of this Agreement. 3. The Owner hereby provides the City or the City's designee complete access, of any duration, to the BMPs and their immediate vicinity at any time, upon reasonable notice, or in the event of emergency, as determined by City's Public Works Director with no advance notice, for the purpose of inspection, sampling, testing of the BMPs, and in case of emergency, to undertake all necessary repairs or other preventative measures at the owner's expense as provided in paragraph 6 below. The City shall make every effort at all times to minimize or avoid interference with the Owner's use of the Property. Denial of access to any premises or facility that contains WQMP features is a breach of this Agreement and may also be a violation of the National Pollutant Discharge Elimination System regulations. If there is reasonable cause to believe that an illicit discharge or breach of this Agreement is occurring on the premises then the authorized enforcement agency may seek issuance of a search warrant from any court of competent jurisdiction in addition to other enforcement actions and penalties. 4. Owner recognizes that the City may perform routine and regular inspections, as well as emergency inspections, of the BMPs. Owner or Owner's successors or assigns shall pay City for all costs incurred by City in the inspection, sampling, testing of the BMPs within thirty (30) calendar days of City invoice. 5. The Owner shall use its best efforts to diligently to maintain all BMPs in a manner assuring peak performance at all times. All reasonable precautions shall be exercised by the Owner and the Owner's representative or contractor in the removal and extraction of any material(s) from the BMPs and the ultimate disposal of the material(s) in a manner consistent with all relevant Local, State and Federal laws and regulations in effect at the time. As may be requested from time to time by the City, the Owner shall provide the City with documentation identifying the material(s) removed, the quantity, and disposal destination. 6. In the event the Owner, or its successors or assigns, fails to accomplish the necessary maintenance contemplated by this Agreement, within five (5) days of being given written notice by the City, the City is hereby authorized to cause any maintenance necessary to be done and charge the entire cost and expense against the Property, and/or to the Owner or the Owner's successors or assigns, including but not limited to administrative costs, attomey's fees and interest thereon at the maximum rate authorized by the Civil Code from the date of the notice of the expense until it is paid in full. 7. The City may require the Owner to post security in form and for a time period satisfactory to the City to guarantee the performance of the obligations stated herein. Should the Owner fail to perform the obligations under this Agreement, the City may, in the case of a cash bond, act for the Owner using the proceeds from it, or in the case of a surety bond, require the sureties to perform the obligations of this Agreement. As an additional remedy, the Director may withdraw any previous stormwater-related approval with respect to the property on which BMPs have been installed and/or implemented until such time as the Owner repays to the City its reasonable costs incurred in accordance with paragraph 6 above. 8. This Agreement shall be recorded in the Office of the Recorder of San Bernardino County, California, at the expense of the Owner and shall constitute notice to all successors and assigns of the title to said Property of the obligation herein set forth, and also a lien in such amount as Page 2 of 4 will fully reimburse the City, including interest as herein above set forth, subject to foreclosure in event of default in payment. 9. Owner shall not change any BMPs identified in the WQMP without an amendment to this Agreement approved by authorized representatives of both the City and the Owner. 10. In event of legal action occasioned by any default or action of the Owner, or its successors or assigns, then the Owner and its successors or assigns agree(s) to pay all costs incurred by the City in enforcing the terms of this Agreement, including reasonable attorney's fees and costs, and that the same shall become a part of the lien against said Property. 11. It is the intent of the parties hereto that burdens and benefits herein undertaken shall constitute covenants that run with said Property and constitute a lien against the Property. 12. The obligations herein undertaken shall be binding upon the heirs, successors, executors, administrators and assigns of the parties hereto. The term "Owner" shall include not only the present Owner, but also its heirs, successors, executors, administrators, and assigns. The Owner shall notify any successor to title of all or part of the Property about the existence of this Agreement. The Owner shall provide such notice prior to such successor obtaining an interest in all or part of the Property. The Owner shall provide a copy of such notice to the City at the same time such notice is provided to the successor. 13. Time is of the essence in the performance of this Agreement. 14. Any notice to a party required or called for in this Agreement shall be served in person, or by deposit in the U.S. Mail, first class postage prepaid, to the address set forth below. Notice(s) shall be deemed effective upon receipt, or seventy-two (72) hours after deposit in the U.S. Mail, whichever is earlier. A party may change a notice address only by providing written notice thereof to the other party. 15. Owner agrees to indemnify, defend (with counsel reasonably approved by the City) and hold harmless the City and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of this Agreement from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the City on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnitees. The Owner's indemnification obligation applies to the City's "active" as well as "passive" negligence or to any claims, actions, losses, damages, and/or liabilities, to the extent caused by the acts or omissions of any third party contractors undertaking any work (other than field inspections) or other maintenance on the Property on behalf of the City under this Agreement. REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK Page 3 of 4 IF TO CITY: Nadeem Majaj, P.E. Public Works Director 14000 City Center Drive Chino Hills, CA 91709 IF TO OWNER: Fairfield Chinn Hills I P 5510 Morehouse flrivP StP 9nf an D ag C'A q�121 IN WITNESS THEREOF, the parties hereto have affixed their signatures as of the date first written above. Fairfield Chino Hills LP, Owner: a Delaware limited partnership Owner: Ry• RF VAMF II GP I I (; a Delaware IftW'a nability company, (Company) its Genera By: 1' By: 7Signatu (Signature) JOVere , ) 3 (Date) (Date) Name: Edward McCoy Name: (Please Print or Type Name) (Please Print or Type Name) Title: Vice President Title: (Please Print or Type Title) (Please Print or Type Title) NOTARY ACKNOWLEDGEMENTS ATTACHED NOTE: ALL SIGNATURES REQUIRE NOTARY ACKNOWLEDGEMENT FOR RECORDATION Accepted By: • Nadeem Majaj, Public Works Director City of Chino Hills NOTARY ACKNOWLEDGEMENT ATTACHED Page4of4 ATTACHMENT 1 (NOTARY ACKNOWLEDGEMENTS) 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 San Diego On November 29, 2017 before me, Shannyn Daye Henkel, Notary Public (insert name and title of the officer) personally appeared Edward McCoy who proved to me on the basis of satisfactory evidence to be the person(s) whose nameigyaare subscribed to the within instrument and acknowledged to me that h�eI- the-yrexecuted the same in �i lie /t�ieir authorized capacityO, and that by fir /h rat -heir signature($ on the instrument the persons/), 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 sealn SignatuJ-e iPL,(/1 (Seal) z SHANNYN DAME HENKEL Commission # 2128349 Notary Public - California San Diego County My Comm. Expires Sep 28, 2019 t • EXHIBIT A LEGAL DESCRIPTION Real property in the City of Chino Hills, County of San Bernardino, State of California, described as follows: PARCEL A: LOT 1 OF TRACT NO. 18556, IN THE CITY OF CHINO HILLS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF FILED IN BOOK 339, PAGES 25 THROUGH 29, INCLUSIVE, OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN BERNARDINO COUNTY. PARCEL B: A NON-EXCLUSIVE EASEMENT FOR THE INSTALLATION, MAINTENANCE, REPAIR AND REPLACEMENT OF SANITARY SEWER LINE AS GRANTED IN THE EASEMENT DEED FROM BRE PROPERTIES, INC. RECORDED APRIL 15, 2013 AS INSTRUMENT NO. 20130153680 OF OFFICIAL RECORDS. A P N : 1017-231-47-00-0-000 EXHIBIT B (MAP/ILLUSTRATION WITH BMP LOCATIONS) iffultewlfoolproffim "I"HOHOHHO aa���9o���aaaa� fl :Ohm u fl q R•ao: vtQ RAFapp 6 cn CITY OF CHINO tg 1