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J&R Hock Enterprises, Inc. A2017-281WHEN RECORDED MAI. TO City Clerk City of Chino Hills 14000 City Center Drive Chino Hills, CA 91709 Electronically Recorded In Official Records, County of San Bernardino BOB DUTTON ASSESSOR - RECORDER - CLERK 369 City of Chino Hills Doc# 2018-0021694 YFtees ' Taxes CA S82 Fee Others Paid A2017-•281 , _ OPAMAWNETM UNE FW1W=PMnU8E COVENANT AND AGREEMENT REGARDING WATER QUALITY MANAGEMENT PLAN AND STORMWATER BEST MANAGEMENT PRACTICES TRANSFER, ACCESS AND MAINTENANCE AGREEMENT CITY OF CHINO HILLS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA Thi Agreement is made and entered into this V* day of ` WMM1106r , 2017. by and between the CITY OF CHINO HILLS, a munldpai corporation, hereinafter referred to as. CITY, and J&R Hock Enterprises, Inc. hereinafter referred to as TENANT. WHEREAS, the Tenant Is the legal project owner on the real property situated in the State of CatiforNa, County of San Berardino, located at 314 Q Chino Avenue In the City of Chino Hills,, more commonly referred to as San Bernardlno County Tax Assessor No. . 1023-011-73 as described in Exhibit •A and depicted In Exhibit B attached hereto and irroorporated herein by this ref moe; and WHEREAS, at the time of the initial 'approval of the development project known as Chino Hills Taco Bell wMh the Property described herein, the Cky required the project toe ploy Best Management Practices, hereinafter referred to as IBMPe, to minimize pollutants In urban runoff; and WHEREAS,. the Tenant has dmen to Install rand/or implement BMPs as described in the Water Quality Management Plan, dated _ January 13.-,, 2 01 s.._.. .._., on file with the city, hereinafter referred -to as "WQMP", to minimize Mutants in urban runoff and to minimize other adverse impacts of urban runoff; and WHEREAS, said WQMP has beers certified by the Tenant and reviewed and approved by the and WHEREAS, said BMPs, with installation .andlor Implementation on private property, are part of a private facility with all maintenance or replacement therefore, the sole responsibility of the Tenant In accordance with the terms of this.Agreement;, and WHEREAS, the Tenant is aware that periodic and continuous maintenance, Including, but not necessarily limited to, fitter material replacement .and sediment removal, is required to assure peak performance of all BMPs In the WQMP and that, furthermore, such maintenance activity will require compliance with all local, State, or Federal laws and regulations, Including, those pertaining to confined space and waste disposal methods, In effect at the time such maintenance occurs. Page 1 of 4 V2212018 10:08 AM NC Pages 10 41.00 .00 75.00 .00 116.00 NOW THEREFORE, it is mutually stipulated and agreed as follows: 1. The Tenant shall comply with the WQMP. 2. All maintenance or replacement of BMPs proposed as part of the WQMP is the sole responsibility of the Tenant in accordance with the terms of this Agreement. 3. The Tenant 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 Tenant's expense as provided in paragraph 6 below. The City shall make every effort at all times to minimize or avoid interference with the Tenant'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. Tenant recognizes that the City may perform routine and regular inspections, as well as emergency inspections, of the BMPs. Tenant or Tenant'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 Tenant shall use Its best efforts to diligently to maintain all BMPs In a manner assuring peak performance at all .times. AM reasonable precautions shall be exercised by the Tenant and the Tenant'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 Tenant shall provide the City with documentation identifying the material(s) removed, the quantity, and disposal destination. 6. in the event the Tenant, or its successors or assigns, fails to accomplish the necessary maintenance contemplated by this Agreement, within We (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, angor to the Tenant or the Tenant's successors or assigns, including but not limited to administrative costs, attorney'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 Tenant 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 Tenant fail to perform the obligations under this Agreement, the City may, In the case of a cash bond, act for the Tenant 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 Tenant 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, Califomia, at the expense of the Tenant 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 will fully reimburse the City, including Interest as herein above set forth, subject to foreclosure in event of default in payment. Page 2 of 4 9. Tenant shall not change any BMPs Identified in the WOMP without an amendment to this Agreement approved by authorized representatives of both the City and the Tenant. 10. In event of legal action occasioned by any default or action of the Tenant, or its successors or assigns, then the Tenant 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 "Tenant" shall include not only the present Tenant, but also its heirs, successors, executors, administrators, and assigns. The Tenant shall notify any successor to title of all or part of the Property about the existence of this Agreement. The Tenant shall provide such notice prior to such successor obtaining an Interest in all or part of the Property. The Tenant 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. Notices) 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. Tenant 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 inured 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 Tenant's Indemnification obligation applies to the City's "active" as well as "passive" negligence or to any claims, anions, 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 TENANT: Michael Hock Director of Facilities 30138 Esperanza Rancho Santa Margarita, CA 92688 IN WITNESS THEREOF, the parties hereto have affixed their signatures as of the date first written above. Tenant: Tenant: J&R Hock Enterprises, Inc. (Company) (Company) By: M, T n� By: (Signature) (Signature) (Date) (Date) Name: MIC h C 1 NQGK Name: (Please Print or Type Name) (Please Print or Type Name) Title: Title: (Please Print or Type Title) (Please Print or Type Title) NOTARY ACKNOWLEDGEMENTS ATTACHED NOTE: ALL SIGNATURES REQUIRE NOTARY ACKNOWLEDGEMENT FOR RECORDATION AcceptedJ6 y: Nadeem Majaj, P.E. Public Works Director City of Chino Hills NOTARY ACKNOWLEDGEMENT" ATTACHED Page 4of4 CALIFORNIA ALL-PURPOSE CERTIFICATE OF 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 Orange On :ZS c�j 110 Mk.,6&r,I-oy+ before me, gAm6s Ed,:+c�r ,Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name( is/ re subscribed to the within instrument and acknowledged to me that he/ he/they executed the same i is/ er/their authorized capacity(ies), and that by his er/their 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. WITNESS my hand and official seal. .. JAMES ECHTERNACH U NO OM PUBLICC•CALIF�ORNIA S 1 nature m ORANGE COUNTY W g My Term Exp. August 5, 2018 ADDITIONAL INFORMATION (OPTIONAL) DESCRIPTION OF THE ATTACHED DOCUMENT (Owkaat' A!1 4mywhl- 2=arJ'tk& (Title or description of attachbA document) ,tlzky Igaw*yt w'� -Prac irs> (Title or scription of attached document continued) Number of pages Document Date l(- Z 't (Additional information) NOTARY PUBLIC CONTACT INFORMATION The UPS Store 22431 Antonio Pkwy B 160 Rancho Santa Margarita, CA 92688 (949) 858-1234 tel (949) 589-1234 fax store 1672@theupsstore.com www.TheUPSStore.com/1672 EXHIBIT A (LEGAL DESCRIPTION) PARCEL A: PARCEL 8, IN THE CITY OF CHINO HILLS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, OF PARCEL MAP NO. 16904, RECORDED ON JUNE 7, 2005, AS INSTRUMENT NO. 2005-0403452, FILED IN BOOK 208 OF PARCEL MAPS AT PAGES 31 THROUGH 34, IN THE OFFICIAL RECORDS OF SAID COUNTY. EXCEPTING THEREFROM, %2 OF ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS AND OTHER HYDROCARBON SUBSTANCES BY WHATEVER NAME KNOWN THAT MAY BE WITHIN OR UNDER SAID LAND LYING A UNIFORM DEPTH OF 500 FEET BELOW THE SURFACE OF SAID LAND WITHOUT HOWEVER, ANY RIGHT TO USE FOR ANY OF THE P-UKP05E5 HEREINBEFORE MENTIONED ANY PORTION OF THE SURFACE.OF SAID LAND OR OF THE UPPER 500 FEET TO A UNIFORM DEPTH OF THE SUBSURFACE OF SAID LAND, AS RESERVED BY J. ROBERT MESERVE, AS TRUSTEE, IN DEED RECORDED AUGUST 14, 1 9G 1, IN BOOK 5508, PAGE 448, OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM ALL OF THE OIL, GAS AND OTHER MINERAL AND HYDROCARBON SUBSTANCES AND ALL MINERAL RIGHTS AND INTERESTS IN SUCH PROPERTY, BELOW A DEPTH OF 500 FEET BELOW THE SURFACE AND WITHOUT THE RIGHT OF SURFACE ENTRY TO THE EXTRACTION OR EXPLOITATION THEREOF AS RESERVED IN DEED FROM WAYNE F. MULLIN, ET AL, RECORDED JUNE 27, 1976 IN BOOK 9462, PAGE 15 1, OFFICIAL RECORDS. PARCEL B: NON-EXCLUSIVE EASEMENTS FOR USE AND ENJOYMENT, AS SAID EASEMENTS ARE SET FORTH IN ARTICLE 5/15 II ENTITLED "GRANT OF TITLE AND RECIPROCAL EASEMENTS" OF THE "DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND GRANT OF EASEMENTS FOR CROSSROADS ENTERTAINMENT CENTER" RECORDED ON FEBRUARY 18, 2005 AS DOCUMENT NO. 2005-120173, IN THE OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA. AUG. 1151 EXHIBIT B Map/Illustration Sheet 1 of 2 Ph. Parcel Map No. 10048, P.M. 124/5-7 (0) {yi) petal Nap No, 004, 20R/31 31 Patcr,l Nap No. I4100, P.N. 1821HO- Ptn. Pared I Map Nn. 31@4. P.k. 33131 City of Chino Hills 1023 — U 1 Tax Rate Area 24054 24065 24066 61100 �1 1 400 ''•�,� � iQ 8) e. Par. 2 par. \ '' G zt61I an Por. 6 y�. It. 825 AS ,`%1� Per. Z a, J erg ► ;e,) \ Is nc�k a ',\ ; „1019\ ,0 .64 .c. ^� ttqq C�.�ai aid l n) Par S p a.,Par e an aC, -t,!a "act s ._,kha) par.. 4' or.��1, Yf�.....T -, _ >a.11.as! E,,, S See Sheet 2 1,33) I`3Y> lS6) a:; nl+a to Assessor's Map (,lisii1' 11 Pin. N.1/2, Sea, 8 Book 1023 Paye 01 ia,isn; RU -9c. TIS, R.8W. San Bernardino County EXHIBIT B (Map/Illustration) Sheet 2 of 2 25.97 ti a� O ieeT WE gi yN ;'�2 SCALE: 1-60' APN 1023-011-7_I fie PROP05ED\ - CATCH BA51N �.,• PER 5EP. PLAN = z i EXI5TING 18 RCP- P.L. EXHIBIT B j Tai WATER QUALITY ` MANAGEMENT PLAN SHEET 1 \ APN 1023-011-73 CITY OF CHINO HILLS N_3 — � SCALE: I" =20' 0 10 20 30 1 3: 151DE 51 -OPE FILTER FABRIC AROUND PERIMETER < Nil 1 y Y W ., PROJ'OSEU GREASE Ai . JNTERC�PT(?f{PER � • /. r< S 5 P.L. • • `z tX APN 1023-01 1-79 [PONDING AREA / 4' DEEP 5TORAGE ARE/ G" PCC CURB 2:1 MAX SLOPE 6" PONDING ?'•s... _ 2"-3' MULCH 6"PERFORATE[ V111H PVC PIPE WIl H FILTER FABRIC 3' PLANTING SOIL WITH \\Y.6 V0105 /' �`"., - �'" •\, ISUB 4 BASE S" GRAVEL WITH 40%VOID5 /�����•,�FIL ER FABRIC I GARDE AROUND PERIMETER Nis BENCHMARK ELEVATION5 ARE BA5ED ON CITY Of CHINO BENCH MARK "74-1-13", A BRA55 DISK IN CONCRETE. LOCATED AT THE 50UTHWF5T CORNER OF PEYTON DRIVE AND ENGU5H AVENUE. ELFV. = 71 1,3339 FEET (LEVELED 05/01/81) BASIS OF BEARING COORDINATES SHOWN ARE 13A5ED ON THE CALIFORNIA COORDINATE SY5TEM (CC583), ZONE 5, 1983 NAD (2004.00 EPOCH) USING CALIFORNIA 5PATIAL REFERENCE CENTER COORDINATES FOR CORS 5TATION5 "TWM5", "5PM5" AND "P5DM'. PAVING LEGEND PROP05ED AC PAVEMENT PROP05ED PCC 51DEWALK P 7-1 F3!* PROP05E-D BLACK PCC PAVEMENT 77'7� PROPOSED PCC PAVEMENT \`,,yy`• • PROPO5ED PERVIOU5 PAVEMENT X` PROPOSED LAND5CAPING SOIL ENGINEER: TERRACON CONSULTANTS, INC. 2817 MCGAW AVENUE IRVINE, CA 92614 PHONE: (949) 261-0051 PAX: (949) 261-61 10 REPORT DATE: MAY 12, 2014 PROJECT NUMBER: 60145025 SOURCE OF SURVEY TOPOGRAPHIC SURVEY DATED DECEMBER, 2014 A5 CONDUCTED BY J. RONALD WHITE & ASSOCIATES, INC, 13455 MALAKI ROAD, SUITE 4 APPLE VALLEY, CA 92307 PHONE: (760) 247-3875 PREPARED FOR / APPLICANT: ' \ ;•'•;y,z VICINITY MAP �\ , • ,,Ij,}' / I Nr, Map 0 Rand McNally & company R1.08 -S-17 WATER QUALITY MANAGEMENT PLAN TACO BELL RESTAURANT APN 1023-011-73 CITY OF CHINO HILLS HC&D ARCHITECTS 1801 LAMPTON LANE NORCO, CA 92860 PHONE: (95 1) 37 1 -2057 VBMP = 1,487 CF • land planning Q�OFE" g Fy W. PERVIOUS PAVEMENT: • civil engineering SURFACE AREA= 1,539 SF • landscape architecture DEPTH OF GRAVEL - 0.75 '"ATCHrR�SIONq[ TCHF, P [i POROSITY OF CiRAWL= 0.4 NF 1,.- ''` RETEN ION OF PAVEMENT = 407 CP RAIN GARDEN: 1 •t SURPACP. AREA OF PONDING =432 SF ,���• \ PUNDMODEMI =0.5' Date Prepared: Designed By: SURFACE AREA AMFNDEO SOH- 723 5F IReference Number. 5heet N, OEPTHOFAMF.NDEE 5014=4' • BT POROSITY OF AMENDED SOIL =0.325 I 4404WQEY I 01`2 OF RAIN GARDEN - 1,1 11 CF VPRr,NTiON ov OFF = 1,553 CF fie PROP05ED\ - CATCH BA51N �.,• PER 5EP. PLAN = z i EXI5TING 18 RCP- P.L. EXHIBIT B j Tai WATER QUALITY ` MANAGEMENT PLAN SHEET 1 \ APN 1023-011-73 CITY OF CHINO HILLS N_3 — � SCALE: I" =20' 0 10 20 30 1 3: 151DE 51 -OPE FILTER FABRIC AROUND PERIMETER < Nil 1 y Y W ., PROJ'OSEU GREASE Ai . JNTERC�PT(?f{PER � • /. r< S 5 P.L. • • `z tX APN 1023-01 1-79 [PONDING AREA / 4' DEEP 5TORAGE ARE/ G" PCC CURB 2:1 MAX SLOPE 6" PONDING ?'•s... _ 2"-3' MULCH 6"PERFORATE[ V111H PVC PIPE WIl H FILTER FABRIC 3' PLANTING SOIL WITH \\Y.6 V0105 /' �`"., - �'" •\, ISUB 4 BASE S" GRAVEL WITH 40%VOID5 /�����•,�FIL ER FABRIC I GARDE AROUND PERIMETER Nis BENCHMARK ELEVATION5 ARE BA5ED ON CITY Of CHINO BENCH MARK "74-1-13", A BRA55 DISK IN CONCRETE. LOCATED AT THE 50UTHWF5T CORNER OF PEYTON DRIVE AND ENGU5H AVENUE. ELFV. = 71 1,3339 FEET (LEVELED 05/01/81) BASIS OF BEARING COORDINATES SHOWN ARE 13A5ED ON THE CALIFORNIA COORDINATE SY5TEM (CC583), ZONE 5, 1983 NAD (2004.00 EPOCH) USING CALIFORNIA 5PATIAL REFERENCE CENTER COORDINATES FOR CORS 5TATION5 "TWM5", "5PM5" AND "P5DM'. PAVING LEGEND PROP05ED AC PAVEMENT PROP05ED PCC 51DEWALK P 7-1 F3!* PROP05E-D BLACK PCC PAVEMENT 77'7� PROPOSED PCC PAVEMENT \`,,yy`• • PROPO5ED PERVIOU5 PAVEMENT X` PROPOSED LAND5CAPING SOIL ENGINEER: TERRACON CONSULTANTS, INC. 2817 MCGAW AVENUE IRVINE, CA 92614 PHONE: (949) 261-0051 PAX: (949) 261-61 10 REPORT DATE: MAY 12, 2014 PROJECT NUMBER: 60145025 SOURCE OF SURVEY TOPOGRAPHIC SURVEY DATED DECEMBER, 2014 A5 CONDUCTED BY J. RONALD WHITE & ASSOCIATES, INC, 13455 MALAKI ROAD, SUITE 4 APPLE VALLEY, CA 92307 PHONE: (760) 247-3875 PREPARED FOR / APPLICANT: ' \ ;•'•;y,z VICINITY MAP �\ , • ,,Ij,}' / I Nr, Map 0 Rand McNally & company R1.08 -S-17 WATER QUALITY MANAGEMENT PLAN TACO BELL RESTAURANT APN 1023-011-73 CITY OF CHINO HILLS HC&D ARCHITECTS 1801 LAMPTON LANE NORCO, CA 92860 PHONE: (95 1) 37 1 -2057 I • land planning Q�OFE" g Fy W. 1 • civil engineering • landscape architecture '"ATCHrR�SIONq[ TCHF, P [i pha y. * hp. I2l31/I7 th wM" 09,748.7?16177 /ax 909.746.7776 arinp & aFssmintes, Mc. * STgr _ civil. Q�e. 7461 bid W,44 vNe 105, r bMs. ca 92373 t OP —o Melhn W. Thatcher, III R.C.E. 39964 Exp. Dec 31, 2017 r Number: Date Prepared: Designed By: Drawn By: IReference Number. 5heet N, 154404 i 1122117 I BT BK I 4404WQEY I 01`2 /; •',`f�,y�.�C f� �'/� SCALE: I"=2d N- I EDUCATION OP PROPERTY OWNER5 OWNER/DEVELOPER N- ACTIVITY RE5TRICTION5 OWNER/DEVELOPER LAND5CAPE MANAGEMENT BMPS OWNERlDFVFLOPFR BMP MAINTENANCE OWNER/DEVELOPER N -G LOCAL WATER QUALITY ORDINANCF5 OWNER/DEVELOPER -11 LITTER/DEBRI5 CONTROL OWNER/DEVELOPEK N-12 EMPLOYEE TRAINING OWNER/DEVELOPER N-14 CATCH DA51N INSPECTION PROGRAM OWNER/DEVELOPER N-15 VACUUM 5WfFPING OF PRIVATE SFREE15 AND PARKING L015 R/D R . - STORM DRAIN STENCILING AND 51GNAGE OWNERNEVELOPER Q DE51GN AND CONSTRUCT TRA5H AND WA5TE 5TORAGE AREZ-FOWNER/DEVE.LOP -R 5-4 E.PPICIENT LAND5CAPF DF51GNOWNERNEVELOPER 15-5 1 FINISHED GRADE Of LAND5CAPE AREA5 AT A MIN. OF 1-2" 5-6 PROTECT 9LOPE5 AND CHANNEL5/ ENERGY D1551PATER5 OWNEPJDEVELOPER