REQUEST FOR CONTRACT/ AGREEMENT APPROVAL CCO Staff Use Only:
CONTRACT#
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Please fill in all blanks or the document will be returned. Please ensure all o2j - 1-1S exhibits are attached and the contract has been signed by the vendor, and City Attorney before submitting to the City Clerk. ALL Contracts must be attested by APPROVAL DATE the City Clerk. Originals to remainon file in the City Clerk's Office. r It is the Department' s responsibility to provide an executed copy to the vendor. 11111 12O,#le
I. CONTRACT INFORMATION121 qb 1I12612o
STAFF REPORT# 3643
Current Contract#
If applicable)
Description/ Co tion Credit/ Reimbursement Agreement PM 19689 Purpose of Contract
Council Date ( If applicabl 11- 17- 20 Requested
by/ Ext S. Ramos x3418
Note: Non- City Forms Only Contract Type City ® Successor Agency City Attorney Review
Required Other:
II. BUDGET/ VENDOR INFORMATION
VENDOR NAME SARES- REGIS VENDOR NUMBER 26444
DBA Business License Not Applicable
Fiscal Year ® Current ( Next W- 9 Attached Not Applicable GL Acct No./ Project#: Not Applicable
DIF CREDIT REIMBURSEMENT AGREEMENT
Contract Amount $ 2, 845, 532
Notes:
Fiscal Year 2020- 21
Public improvements were accepted by the
Set contract at $ 1. 00 City Council on 11- 17- 20. The final cost accounting is in progress. Final Water DIF
payment will be remitted and City will begin
making payments to the developer for B, S
T.
EST. START DATE 11- 17- 20 EST. COMPLETION DATE UPON THE FINAL COST
ACCOUNTING
REQUIRED ATTACHMENTS RIDER ENGINEER' S COST ESTIMATE MONUMENTATION III. SIGNATURES:
Origjiating D ment: Finance Approval
c iNi\ CS t ; C, Not Required/ Non- Purchasing
Sylvi. Ramos, Management Analyst Date Purchasing Manager Date Risk Management Approval
iAA Not Applicable
Nick Lig i, Director Date Risk Manager Date
CONTRACT COVER SHEET FY 2016- 2017
Contract No.: Z OZ - 1-18
Approval Date: / i I I n 1Zp * 1
CONSTRUCTION CREDIT/ REIMBURSEMENT AGREEMENT
THE PRESERVE DEVELOPMENT IMPACT FEES PROGRAM
KIMBALL BUSINESS PARK
Parcel Map 19689, as Amended)
This CONSTRUCTION CREDIT AGREEMENT (" Agreement") is entered into this 17`
1'
day of November 2020 (" Effective Date"), by and between CITY OF CHINO, a California municipal corporation (" City"), and CHINO KIMBALL INDUSTRIAL, LLC, a Delaware limited liability company (" Developer"). City and Developer are sometimes hereinafter referred to individually as "Party" andjointly as "Parties".
RECITALS
A. Master Site Approval PL15- 0527, Special Conditional Use Permit PL15- 0528, Tentative Parcel Map PL15- 0529, and Site Approval PL15-0530 as presented by Developer, consistsof approximately 70 acresof land for the construction of a 1,203,050 squarefoot industrial park. The project consists of eight industrial buildings ranging in size from 44,000 squarefeet to 352,000 square feet, and 12 business park buildings ranging in size from 8,000 square feet to 21, 000 square feet in the LI ( Light Industrial) and AR ( Airport Related) land use designations of The Preserve Specific Plan (" Project"). The Project is generally located on the north side of Kimball Avenue, west of Hellman Avenue, east of Flight Avenue, and south of Remington Street Exhibit A). The Project is contemplated to be developedin 2 phases,being "Phase 1" and "Phase 2".
B. Developer has requested from City certain entitlements and/or permits for the Project, and City has grantedthe entitlementsand/or permits subjectto certain conditions of approval provided on Exhibit B which required certain public improvements to be constructed in excess of those applicable to the Project (" Conditions of Approval").
C. The Conditions of Approval also required Developer to pay Development Impact Fees (" DIFs"), as established in Chapter 3. 45 of the Chino Municipal Code (" DIF Ordinance").
The DIFs have beenestablishedby City to finance public facilities in furtherance of the goals and objectives of City' s general plan, various facility masterplans, capital improvement plans, and the nexus reports described in the DIF Ordinance (" Nexus Report").
D. Developer has completed all work required in connection with the design and construction of the Project according to the specifications of the City and under the inspection of, and to the satisfaction of the City Engineer of the City. 6- 30- 20v2
E. The DIF Ordinance provides that if, as a condition of approval of a development project, a developer constructs a public facility identified in the Nexus Reports, for which a development impact fee is imposed, Developer shall be eligible to receive a fee credit/reimbursementtoward the DIFs imposedon the Projectfor the sametype of public facility so constructed, and shall be entitled to credit/ reimbursement for eligible costs of constructing the public facility, provided that developer complies with the requirements of the DIF Ordinance as it may be amended from time to time. The DIF Ordinance specifically requires that the developer and City enter into a credit/ reimbursement agreement.
F. City and Developer desire to enter into this Agreement for the following purposes:
i) to provide the methodology for establishing the DIF credit/ reimbursement amount to which Developer is entitled ( defined in Section 2. 2 below) and ( ii) to establish the requirements for Developer' s transfer or application of all or any portion of such credits to a third party.
NOW, THEREFORE, for the purposes set forth herein, Developer and City hereby agree as follows:
AGREEMENT:
1. Incorporation of Recitals. The Parties hereby affirm the facts set forth in the Recitals above and agree to the incorporation of the Recitals as though fully set forth herein.
2. Preserve DIF Credit/ Reimbursement.
i. DIF Ordinance Reimbursement or Credit Amount. The City Engineer has determined that the total cost of the public improvements that are eligible for credit or reimbursement pursuant to CMC Chapters 3.45 is " estimated" to be Two Million Eight Hundred Forty- Five Thousand Five Hundred Thirty- Two dollars ($ 2, 845, 532. 00) (" Total DIF Cost"), as more particularly set forth in Exhibit C titled " DIF Eligible Public Improvements Summary" attached hereto and made a part hereof. The foregoing estimate of the Total DIF Cost shall be subject to adjustment based on the final accepted and approved " as-built plans" and specifications and the review of actual cost documentation by the City Engineer pursuant to the DIF Ordinance.
ii. Developer shall be reimbursed for the actual, City Engineer- approved costs Developer incurs to construct the public improvements pursuant to the procedure set forth in this Section.
iii. Phase 1Project Credits. Of the Total DIF Cost, as of July 1, 2020, Two Million Five Hundred Seventy- Four Thousand Two Hundred Eighty- Three and 41/00 dollars ($ 2, 574, 283. 41) (" Phase 1 Project Credit") has been used by Developer as a project credit against The Preserve DIF Circulation Fees otherwise due and payable with respect to Phase 1 pursuant to the DIF Ordinance as more particularly set forth in Exhibit C titled " DIF Eligible Public Improvements Summary" attached hereto and made a part hereof.
2 6- 30- 20v2
iv. Remaining Reimbursement and Project Credit. An amount equal to Seven HundredForty-Four ThousandFive HundredSeventy-Nine and40/100dollars 744, 579. 40) for B, S & T Credit ( the " Remaining Amount") remains to be returned to Developer as a reimbursement and/or as a project credit against Preserve DIF Circulation Fees otherwise due and payable by Developer, as more particularly set forth in Exhibit C titled " DIF Eligible Public Improvements Summary" attached hereto and made a part hereof. Separately, an amount equal to Four Hundred Seventy-Three Thousand Three Hundred Thirty- One dollars ($ 473, 331. 00) for Water Credit ( the " Water Credit") shall be returned to City by Developer, as more particularly set forth in Exhibit C titled " DIF Eligible Public Improvements Summary" attached hereto and made a part hereof. The Water Credit shall be paid by Developer to City, and in no event shall the Water Credit reduce or offset the Remaining Amount. v. Phase 2 Project Credits. City acknowledges and agrees that The Preserve DIF Circulation Fees otherwise due and payable with respect to Phase 2 pursuant to the DIF Ordinance equal $ 709, 116( the" Phase 2 DIF Fees"). Developer or any assignee pursuant to Section 5 below shall have the right to use the Remaining Amount as a project credit against Phase 2 DIF Fees. Accordingly, if elected by Developer or any assignee pursuant to Section 5 below, the Phase 2 DIF Fees shall be entirely offset by the Remaining Amount.
vi. Annual Reconciliation. Once each year, commencing February 1, 2021 and each February 1S` thereafter, City and Developer representatives shall meet for the purpose of ascertaining the amount of the reimbursement paid by City to the Developer from Preserve DIF Circulation Fees collected from properties in the Preserve during the prior calendar year and the amount of project credit taken by Developer( or any assignee) against its obligation to pay Preserve DIF Circulation Fees for its development of any portion of the Project. City and Developer shall prepare a document that reconciles the City' s reimbursement payment amount to Developer ( or any assignee), if any, and project credit amount taken by the Developer( or any assignee), if any, attributable to the prior calendar year that shall be signed by said representatives. When so signed, said reconciliation document shall constitute a revision of Remaining Amount then remaining and it shall be binding on the Parties.
vii. Upon the final acceptance of the public improvements by Developer, Developer shall submit to City Engineer such information as City Engineer may require to calculate the actual costs incurred by Developer to construct the public improvements (" Actual Costs").
3. Acceptance of Improvements. The public improvements shall be the sole propertyof City upon the final acceptanceby the City. Developer's Warranty Bond shall remain in effect for one-year from the final acceptance date by the City Council.
4. Indemnity. Developer, to the fullest extent permitted by law, shall indemnify, defend, and hold the City and its elected and appointed officials, agents, employees, and authorized 3 6- 30- 20v2
volunteersharmlessfrom andagainstanyandall actions, suits,claims, liabilities, losses,damages, penalties, obligations, and expenses (including but not limited to attorneys' fees, expert witness fees, and court costs) (" Claims") that arise, directly or indirectly, from the design and/or constructionof thepublicimprovements. In addition,theforegoingindemnityprovisionshallonly apply to Claims which are tenderedby the City to Developerby written notice delivered within one-year from the date on which City acceptsthe public improvements and shall survive the terminationof thisAgreementforthatone-yearperiod. It isunderstoodthatthedutytoindemnify andhold harmlessincludes the duty to defendassetforth in section2778 of the California Civil Code.
5. Assignment. Developermay assignthis Agreementto a third party subjectto the approval of City' s Director of Development Services in his reasonable discretion. If Developer desiresto assignthisAgreement, Developershallprovidedetailedinformationasto theproposed assignee as requested by City. Notwithstandinganythingin this Agreementto the contrary, Developer may assign its rights to all or a portion of the Remaining Amount to one or more subsequent owners of all or any portion of the Project, on the form set forth in Exhibit D attached hereto and made a part hereof.
6. Relationship between the Parties. The Parties hereby mutually agree that this Agreementshall not operateto createthe relationshipof partnership, joint venture, or agency betweenCity andDeveloper. Developer'scontractorsareexclusivelyandsolelyunderthecontrol and dominion of Developer. Nothing herein shall be deemed to make Developer or its contractors an agent or contractor of City.
7. Authority to Enter Agreement. Each person executing this Agreement on behalf of Developerrepresentsandwarrantsthatheor shehasthe legalpower, right andauthorityto executethis Agreementon behalf of Developerand that this Agreementis binding upon Developer.
8. Notices. Any notice, demand, request, consent, approval, or communication either Party desiresor is requiredto give to the other Party or any personshall be in writing and either served personally, communicated electronic mail ( with a receipt requested), or sent by prepaid, first-classmail to theaddresssetforthbelow. Noticeshallbedeemedcommunicatedimmediately uponpersonaldelivery, fax or emailreceipt, or forty-eight (48) hoursfromthetimeof mailingif mailed as provided in this Section:
To City: City of Chino
13220 Central Avenue
Chino, CA 91710
Attn: Nicholas S. Liguori, AICP
Director of Development Services
Email: nlieuoriracityolchino. org
With Copy to: Aleshire & Wynder, LLP
188881 Von Karman Avenue, Suite 1700
Irvine, CA 92612
Attn: Fred Galante, Esq.
4 6- 30- 20v2
Email: lssalantc(cl,awaltorneys. com
To Developer: Chino Kimball Industrial, LLC
c/o Sares Regis Group
3501 Jamboree Road, Suite 3000
Newport Beach, CA 92660
Attn: Patrick Russell
Email: prussellra! sares- regis. com
9. Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement.
10. Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and executed by both Parties.
11. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or servicevoluntarily given or performedby a Party shall give the other Party any contractualright by custom, estoppel, or otherwise.
12. Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns. This section shall not be construed as an authorization for any Party to assign any right or obligation, provided that nothing herein shall limit Developer's rights as set forth in Section5 above.
13. No Third- Party Beneficiaries. There are no intended third- party beneficiaries of any right or obligation assumed by the Parties.
14. Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
15. Governing Law; Consent to Jurisdiction and Venue. This Agreement shall be construedin accordancewith andgovernedby thelawsof the Stateof California. Any legal action or proceedingbrought to interpret or enforcethis Agreement, or which in any way arisesout of the Parties' activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of San Bernardino, California.
16. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original and which collectively shall constitute one instrument.
17. City Officers and Employees. No officer or employee of City shall be personally liable to Developer or any successors in interest in the event of any default or breach by City or for any amount that may become due to Developer or any successor(s) in interest or for breach of any obligation of the terms of this Agreement. No officer or employee of Developer shall be personally liable to City or any successor(s) in interestin the event of any default or breach by 5 6- 30- 20v2
Developeror for any amount that may becomedue to City or their successorsin interest or for breach of any obligation of the terms of this Agreement.
18. Entire Agreement. This Agreementcontainsthe entire agreementbetweenCity andDeveloperandsupersedesanyprior oral or writtenstatementsor agreementsbetweenCity and Developer.
19. Exhibits. The following exhibits are attachedhereto and incorporatedherein by reference:
Exhibit A Location Map
Exhibit B Conditions of Approval
Exhibit C D1FEligible Public ImprovementsSummary
Exhibit D Approved Assignment Form
SIGNATURES ON FOLLOWING PAGE]
6 6- 30- 20v2
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first abovewritten.
DEVELOPER" CITY"
CHINO KIMBALL INDUSTRIAL, LLC,
a Delaware limited liability company
By: ---hc,
vim----- CITY OF CHINO, a municipal corporation
Name. - b( om to C--nuA,- n
Its: Authorized Agent
By:
By: M' tt C al lantyne
Name: City Manager
Its: Authorized Agent
DATED: ( • Z , 2020
TTEST:
t
Angela Robles, City Clerk
iAP
ROVED AS TO CONTENT:
r ,
icholas(,/ s1("
0 iguori, AICP
Director of Development Services
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
By:
Fred Galante, City Attorney
DEVELOPER: TWO PERSONS AUTHORIZED BY THE APPLICABLE ENTITY FORMATION DOCUMENTS SHALL EXECUTE THIS AGREEMENT. COPIES OF
APPLICABLE DOCUMENTS EVIDENCING SUCH AUTHORITY SHALL BE PROVIDED TO CITY. DEVELOPER SIGNATURES SHALL BE DULY NOTARIZED,
AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE APPLICABLE FORMATION DOCUMENTS FOR THE ENTITY. 7 t- 30- 20v2
DocuSign Envelope ID: F7607143- 9752- 4838- A5F9- A15354AA1706 IN WITNESS WHEREOF, thePartiesheretohaveexecutedthis Agreementas of the day and year first above written.
DEVELOPER" CITY"
CHINO KIMBALL INDUSTRIAL, LLC,
aDelawarelimitedliability company
By: 1\ aAAJ ____ -a r_----. CITY OF CHINO, a municipal corporation Name. 6.,A, ei t ,._ ( cwsc y- 1
Its: Authorized Agent
By:
By: Matthew C. Ballantyne
Name: City Manager
Its: Authorized Agent
DATED: 2020
ATTEST:
Angela Robles, City Clerk
API ROVED AS TO CONTENT:
LQA0f i
ieholaiguori, AICP
Director of Development Services
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
DocuSigned by:
By: l A--
z/
f-
FredGalante, CityAttorney
DEVELOPER: TWO PERSONS AUTHORIZED BY THE APPLICABLE ENTITY FORMATION DOCUMENTS SHALL EXECUTE THIS AGREEMENT. COPIES OF
APPLICABLE DOCUMENTS EVIDENCING SUCH AUTHORITY SHALL BE PROVIDED TO CITY. DEVELOPER SIGNATURES SHALL BE DULY NOTARIZED,
AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY TILE APPLICABLE FORMATION DOCUMENTS FOR THE ENTITY. 7 6- 30- 20v2
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 52,:,. ,,,,-/.: f.- 2C.` 4. <,,,,-- . csis< cS' ` A- x' e{ xx- lci. c. c.xs, cxx"- Kx'. x" xlcc . xn::- A pc, i:.£. 1f: s' 4Sx`- n;`; ec', , 5 fS- A-x-._ c,,, c, 51>.",( x .,. s,, F.._.{' rs A notarypublicor otherofficercompletingthiscertificateverifiesonlytheidentityof the individualwhosignedthe documenttowhichthiscertificateisattached, andnotthetruthfulness,accuracy,orvalidityofthatdocument.
State of California
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who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)aare subscribed to the within instrument and acknowledged to me that he/ they executed the same in his/Wtheir authorizedcapacity(ies), andthatbyhis/ier/theirsignaturefsj-ontheinstrumenttheperson( or the entity upon behalf of which the persons} 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.
PHIUP ANDREW HORN WITNESS my hand and official seal.
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Description of Attached Document
Title or Type of Document: 1; f ifvc ho. ciry ocument Date: 02f ?- c_ 7 0
Number of Pages: _ __ Signer( s) Other Than Named Above:
Capacity( ies) Claimed by Signer( s)
Signer' s Name: _-__ _ Signer' s Name:
Ili Corporate Officer — Title( s): __ El Corporate Officer — Title( s):
I Partner — Limited El General I Partner — Limited General 1 Individual Attorney in Fact i Individual Attorney in Fact 1Trustee El Guardian or Conservator Trustee LI Guardian or Conservator 1 1Other: -- -- -- l Other:
Signer Is Representing: Signer Is Representing:
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EXHIBIT A
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EXHIBIT B
CONDITIONS OF APPROVAL
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E- Mail Sent: 7/ 14/ 16
To: Mike Hitz
PUBLIC WORKS DEPARTMENT CONDITIONS OF APPROVAL
PL 15- 0529 ( PARCEL MAP NO. 19689), PL 15- 0527 ( MASTER SITE APPROVAL), PL 15- 0528 ( SPECIAL CONDITIONAL USE PERMIT), PL 15- 0530 ( SITE APPROVAL) DATE: July 13, 2016 PC MEETING DATE: July 18, 2016 PROJECT DESCRIPTION: Proposed 1.2 million sq. ft. light/medium industrial buildings PROJECT LOCATION: Kimball & Hellman Ayes
APPLICANT: Sares Regis Group PROJECT ENGINEER: Michael Bhatanawin
PRIOR TO THE THREE MAJOR DEVELOPMENT EVENTS OUTLINED BELOW, THE APPLICANT SHALL SATISFY AND FULFILL ALL CONDITIONS MARKED WITH AN ( X). FAILURE TO COMPLY
WITH ANY CONDITIONS OF APPROVAL SHALL BE DEEMED JUST CAUSE FOR REVOCATION OF PROJECT APPROVAL BY THE PLANNING COMMISSION. HOWEVER, THE DIRECTOR OF
COMMUNITY DEVELOPMENT, THE ASSISTANT CITY MANAGER, AND/ OR THE DIRECTOR OF
PUBLIC WORKS SHALL HAVE THE AUTHORITY TO APPROVE MINOR DEVIATIONS IN THE CONDITIONS OF APPROVAL, AND ALL PLANS INCLUDING THE CONSTRUCTION DRAWINGS.
1. 0 PRIOR TO MAP RECORDATION:
X 1. 1 Provide a preliminary Title Report no older than 60 days.
X 1. 2 Submit a preliminary soils report to the project engineer for review and approval in accordance with Government Code, Section 66434. 5.
X 1. 3a Make the following dedications:
Street Name Distance Direction From C/ L
Flight Avenue 37- ft East
Hellman Avenue 69- ft West
Kimball Avenue 48- ft North
1. 3b Dedicate the following easements to the City:
X 1. 3c Prepare and record necessary drainage easements to implement the project in accordance with drainage law.
X 1. 4 Provide and record a reciprocal use agreement to assure common ingress and egress and joint maintenance of all common access, parking areas and drives.
X 1. 5 Provide a set of proposed Covenants, Conditions and Restrictions (CC&R) for review and approval. The proposed CC&Rs shall contain the Association' s/Owner' s maintenance obligations with respect to various facilities including, but not limited to, right- of- way landscaping, private streets, sidewalks, utilities, street lights, and Water Quality Management Plan ( WQMP) features. This document must be submitted to and approved by the City before it is submitted to any other governmental entity.
B- 1
PL 15- 0529 ( PM 19689),
PL 15- 0527 ( MSA),
PL 15- 0528 ( SCUP),
PL 15- 0530 ( SA) July 18, 2016
X 1. 6 Execute a Subdivision Agreement and submit security in an amount acceptableto the City Engineer to guarantee construction of the public improvements listed in 2.8, 2.21, and 2.23.
All securitymustbe accessibleto the Cityat anytimeand in a form acceptableto theCity Treasurer, pursuant to Government Code, Section 66499.
X 1. 7 Provide a MonumentationBond in an amount specified in writing by a RegisteredEngineer or Licensed Land Surveyor of Record.
1. 8 Complete and file the petition for annexation of your project property to the City's Landscape and Street Lighting Maintenance District MD 2002- 1.
1. 9 Submit a list of proposed street names for the interior streets to the Street Naming Committee for name( s) selection.
X 1. 10 Comply with all applicable requirements of the City Code.
X 1. 11 Pay all applicable fees pursuant to City Code per the current Public Works fee schedule when fees are due. This includes, but is not limited to, plan check fees and inspection fees.
X 1. 12 Submit a Water Supply Assessment in accordance with Senate Bill 610 and the California Department of Water Resources Guidebook. Applicant shall be responsible for the cost of all studies and reports that may be necessary in order to prepare the Water Supply Assessment.
2. 0 PRIOR TO ISSUANCE OF BUILDING PERMITS FOR ANY LOT WITHIN THE SUBDIVISION/ PRIOR TO ISSUANCE OF CONSTRUCTION PERMITS:
X 2. 1 Record Parcel Map No. 19689 pursuant to the Subdivision Map Act and in accordance with City Code. Provide a duplicate photo mylar of the recorded map to the City Engineer' s office.
X 2. 2 All required plans and studies shall be prepared by a Registered Professional Engineer and submitted to the project engineer for review and approval. All project plans must be approved by the City Engineer' s office before a Building Permit will be issued. All maps, studies, calculation sheets, reports, etc. must be on and/ or folded in an 11- inch x 8 1/ 2- inch standard format.
2. 3 Provide a focused parking and circulation study comprising project access/ egress, internal circulation and project parking analyzes. The study is subject to the review and approval of the City Transportation Manager.
X 2. 4 Prepare and submit a drainage study, including supporting hydraulic and hydrological data to the project engineer for approval. The study shall confirm or recommend changes to the City' s adopted Master Drainage Plan by identifying off- site and on- site storm water runoff impacts resulting from build- out of permitted General Plan land uses. In addition, the study shall identify the project' s contribution and shall provide locations and sizes of catchments and system connection points and all downstream drainage- mitigating measures including but not limited to offsite storm drains and interim detention facilities.
B- 2
PL 15- 0529 ( PM 19689),
PL 15- 0527 ( MSA),
PL 15- 0528 ( SCUP),
PL 15- 0530 ( SA) July 18, 2016
X 2. 5 Prepareandsubmita finalgradingplanshowingbuildingfootprints, padelevations, finished grades, drainage routes, retaining walls, erosion control, slope easements and other pertinent information in accordancewith Appendix J of the California Building Code, latest edition.
X 2. 6 Providea certificate, froma RegisteredCivilEngineer, certifyingthatthefinishedgrading has been completed in accordancewith the City approvedgrading plan.
X 2. 7 Design and install a monitoring manhole (per City Standard No. 530) on each domestic sewer lateral connection from any industrial building into the City's main sewer or into a private sewer main that is tributary to the City's main sewer. In addition, design and install a sampling Wye on a stubbed out sewer lateral connection into the main sewer for each industrial building in this development.
X 2. 8 Design per City Standards full public improvements for all impacted and interior streets/ facilities in accordance with City Code, Standards and Specifications. No contractor or subcontractor may be awarded a contract to construct public improvements unless registered with the Department of Industrial Relations ( DIR). Such public improvements may include, but not be limited to the following: ( Please coordinate and verify all requirements with the project engineer.) 6,7,8,9,10
Street Names
Flight Kimball Hellman
Ave Ave Ave'
Curb& Gutter( Offset from Centerline) 22' 33' 33' Sidewalk( Width) 5' 5' 13'
Asphalt Concrete Pavement on Aggregate Base
Width from Centerline) 20' 31' 31'
Asphalt Concrete Overlay
Street Lights' X X X
Median Island and Landscaping1. 2 14' ( full) X4
Parkway Landscaping1. 2 X X X
Striping and Traffic Controls X X X
Conduit System for CATV
Sewer X3 X5
Storm Drain
Domestic Water X12
Recycled Water
Fire Hydrants as required by CVIFD X X X
Traffic Signal Interconnect11 X X X
1. See COA 2. 16.
2. See COA 2. 17.
3. Coordinateconnectionto existing 54" Kimball Interceptorwith Inland Empire UtilitiesAgency( IEUA).
4. West half of the median is eligible for DIF credit per the City Code.
5. Coordinateconnectionto existing 48" main with Inland Empire UtilitiesAgency( IEUA).
6. Ultimate improvements that are in the City' s DIF program and that are above and beyond what is required for the project are eligible for DIF credit per the City Code.
7. Additional right- of-way and improvements may be required to accommodate intersections and transitions.
8. Final pipe sizes are subject to change based on the approved technical studies.
9. Improvementsmust complywith ADA regulationsat the time of acceptance by City Council.
10. Improvements along project frontage are NOT eligible for DIF credit per the City Code.
11. See COA 2. 30.
B- 3
PL 15- 0529 ( PM 19689),
PL 15- 0527 ( MSA),
PL 15- 0528 ( SCUP),
PL 15- 0530 ( SA) July 18, 2016
12. Construct a 12" domestic water line from Kimball Ave to 1,520' n/o Kimball Ave. This improvement is eligiblefor DIFcreditpertheCityCode. Pleasenotethatsomeof theseimprovementshavealreadybeen completed by others.
13. Coordinatewith the City of Eastvaleto construct interim improvements (e.g. 15' paved through lane and 5' graded shoulder)on the east side of HellmanAve with appropriateturnaround at the northerly project limits per City of Chino and CVIFD requirements. These improvements are not eligible for DIF credit.
X 2. 9 Obtaindesignandplanapprovalfromappropriateutilitycompaniesfor undergroundingall utility lines adjoining and interior to the project, that include power lines of 34. 5 kV or less, in accordance with City Code, Chapter 13. 32.
X 2. 10 Pay all applicable fees pursuant to City Code per the current Public Works fee schedule when fees are due. This includes, but is not limited to, Development Impact Fees, Sewage Facilities Development Fees, and water meter connection fees.
X 2. 11 All projects developingone (1) acre or more of total land area, or which are part of a larger phased development that will disturb one acre of land, are required to obtain coverage under the State Water Resources Control Board' s ( SWRCB) General Permit for storm water discharges associated with construction activity. Proof of filing a Notice of Intent ( NOI) with the SWRCB for coverage under this permit is required. A copy of the Waste Discharger' s Identification Number ( WDID), issued by the SWRCB, must be submitted to the Project Engineerprior to issuance of grading permits. Moredetailed informationregardingthis General Permit, applicablefee informationand the necessaryforms to complete the NOI are available by calling ( 916) 341- 5537 or on the SWRCB web site at http://www. swrcb. ca.gov/water issues/ programs/ stormwater/ constpermits. shtml.
X 2. 12 Pursuant to Santa Ana Regional Water Quality Control Board Order Number R8-2010- 0036, NPDES Permit No. CAS618036, prepare a project- specific Water Quality Management Plan (WQMP) and submit to the project engineer for review and approval. To address NPDES Permit requirements to the maximum extent practicable, the project shall be designed to specify preferential use of Low Impact Development Best Management Practices that reduce pollutants and runoff volume through structural measures ( e.g. infiltration, harvesting, and bio- treatment) and non- structural measures e.g. preserving natural areas, clustering development, and reducing impervious areas).
The WQMP shall conform to the requirements of the San Bernardino County Stormwater Program, 2013 WQMP Technical Guidance Document.
X 2. 13 Any future maintenance and repair of fire service and sewer laterals to the project site shall be the sole responsibility of the applicant/ property owner in accordance with City Code, Chapter 13. 04. 175 and 13. 12. 150.
X 2. 14 Convey ownership of all existing onsite water wells to the City and convert to monitoring wells as directed by the City's Water UtilitiesSupervisor. Prepare and record any necessary easements to provide the City with access to the monitoring wells. Any existing water wells that cannot be feasibly converted to monitoring wells shall be destroyed per City Standard No. 465.
X 2. 15 Submit to the City electronic files, in Adobe Acrobat PDF format, of all submittals, including reports, studies, improvement plans and City redlines of previous submittals.
B- 4
PL 15- 0529 ( PM 19689),
PL 15- 0527 ( MSA),
PL 15- 0528 ( SCUP),
PL 15- 0530 ( SA) July 18, 2016
X 2. 16 The developer is responsible for the continued operation and maintenance of perimeter street lights, common area landscaping, and parkway areas ( landscaping, sidewalk). The project is required to establish an association for the continued operation and maintenance of above improvements or the alternative is to annex the properties into the Preserve Master Maintenance Corporation ( PMMC). The developer/ association shall enter into a maintenance agreement with the City should the properties not be annexed into the PMMC.
X 2. 17 Recycled water shall be utilized for grading operations, dust control activities, and common area/ public landscape irrigation.
X 2. 18 All public street corners shall have a minimum curb radii per City Code, Chapter 19.06 and City Standards and Specifications.
X 2. 19 Developer shall prepare signing and striping plans, signal plans and improvement plans for all affected street intersection and segments to include new lane configurations, appropriate transitions, modified lane configurations, utility location, etc. to the satisfaction of the City Engineer and the Assistant City Manager/ Director of Public Works.
X 2. 20 Provide adequate sight distance per City Standard No. 1025 for each project driveway and at all intersections. Landscaping type and height shall be maintained to ensure sight distance requirements are perpetuated.
X 2. 21 Based on the approved plans, begin the process of constructing the following intersection improvements. These improvements must be constructed and approved by the Public Works Department prior to the request and release of occupancy permits.
1. Euclid Ave at Kimball Ave — Design and construct a westbound right turn lane and modify the traffic signal as required by Caltrans or improvements to improve the Level of Service ( LOS) of the intersection to the satisfaction of the City Engineer and the Assistant City Manager/ Director of Public Works. Only ultimate improvements that are required by the City per the City's DIF program are eligible for DIF credit.
Any improvements required by Caltrans that are not in the City' s DIF program are NOT eligible for DIF credit. Additional right-of-way and improvements shall be required to accommodate these improvements. If right- of-way cannot be acquired from properties not controlled by Sares Regis Group, mitigate traffic to the satisfaction of the City Engineer and the Assistant City Manager/ Director of Public Works. These improvements are to be constructed and approved by the Public Works department prior to the final certificate of occupancy.
2. Kimball Ave
Grind and overlay ( 3" deep, 3/4" rock, PG 70- 10) a portion of the street from Euclid Ave to approximately 975' east of Euclid Ave as directed by City staff.
Grind and overlay ( 3" deep, 3/4" rock, PG 70- 10) the full width of the street from approximately 975' east of Euclid Ave to 670' west of Rincon Meadows Ave.
These improvements are NOT eligible for DIF credit.
If necessary, these improvements will be bid using prevailing wage per the California Public Contract Code.
3. Meadow Valley Ave at Kimball Ave
Install a traffic signal
Add a westbound right turn lane.
These improvements are not eligible for DIF credit
B- 5
PL 15- 0529 ( PM 19689),
PL 15- 0527 ( MSA),
PL 15- 0528 ( SCUP),
PL 15- 0530 ( SA) July 18, 2016
X 2. 22 Comply with all requirements of the Traffic Impact Analysis ( TIA) dated April 27, 2016 including participation in fair share contributions and construction of required improvements and mitigation measures as shown on the Mitigation Monitoring and Reporting Program, to mitigate impacts. Internal traffic signing/ striping should be implemented in accordance with the approved TIA.
X 2. 23 Based on the approved plans, design and construct the following intersection improvements as described in the TIA dated April 27, 2016 and/or the City' s DIF Nexus Study. These improvements must be constructed and approved by the Public Works Department prior to the request and release of occupancy permits. Unless noted the improvements are assumed to be completed by others prior to certificate of occupancy. If the improvements are not completed prior to certificate of occupancy, the completion of the improvements may be required by the developer at the discretion of the Assistant City Manager/ Director of Public Works. Refer to applicable exhibits in the TIA for intersection improvements.
1. Euclid Ave at Kimball Ave
Add a southbound right turn lane with overlap phasing
Add a second eastbound left turn lane
Modify the traffic signal as required by Caltrans.
It is our understanding that these improvements are currently being constructed by others.
2. Rincon Meadows Ave at Kimball Ave
Install a traffic signal and establish communications to this signal. It is our understanding that these improvements are currently being constructed by others.
Add a second westbound through lane from Flight Ave to 200' west of Main St to the satisfaction of the City Engineer and the Assistant City Manager/ Director of Public Works. Taper/ transition length shall meet Highway Design Manual Standards.
The above improvements are eligible for DIF credit ( TR- 28 & 68).
3. Flight Ave at Kimball Ave
Install a traffic signal. This improvement is eligible for DIF credit ( TR- 64).
Add a westbound right turn lane. This improvement is NOT eligible for DIF credit.
4. Hellman Ave at Kimball Ave
Install a traffic signal. The design of this improvement needs to be completed to determine if this improvement is eligible for DIF credit ( TR- 46).
Add a second northbound left turn lane. This improvement is NOT eligible for DIF credit from the City of Chino.
Add a northbound through lane and a northbound departure ( receiving) lane.
Taper/ transition length shall meet Highway Design Manual Standards. These improvements are NOT eligible for DIF credit from the City of Chino.
Add a southbound through lane and a right turn lane. These improvements are eligible for DIF credit( TR- 27).
Add an eastbound left turn lane and implement overlap phasing on the eastbound right turn lane. These improvements are eligible for DIF credit ( TR- 28).
B- 6
PL 15- 0529 ( PM 19689),
PL 15- 0527 ( MSA),
PL 15- 0528 ( SCUP),
PL 15- 0530 ( SA) July 18, 2016
5. Hellman Ave — Construct 30- ft of pavement from Merrill Ave to Kimball Ave. Ultimate improvements that are in the City of Chino' s right-of-way are eligible for DIF credit TR- 27).
6. Design and construct a traffic signal communications hub at the southwest corner of Hellman Ave at Kimball Ave and provide communications to the traffic signal at HellmanAve at KimballAve. The locationof the hub shall not obstruct visibilityto the Preserve monument sign at this corner.
Additional right-of-way and improvements shall be required to accommodate these improvements. If right-of-way cannot be acquiredfrom propertiesnot controlledby Sares Regis Group, mitigate traffic to the satisfactionof the City Engineerand the Assistant City Manager/ Director of Public Works.
Improvementsthat are in the City of Eastvaleare not eligible for DIF credit from the City of Chino.
2. 24 NOT USED
X 2. 25 Pay fair share contribution for non DIF improvements in the City of Chino ($ 245, 339) as described in the TIA dated April 27, 2016.
X 2. 26 Pay fair share contribution for improvements in the City of Ontario ($ 176, 342) as described in the TIA dated April 27, 2016. If, within five ( 5) years of the date of collection of Developer' s Fair Share Contribution, the City of Chino and the City of Ontario do not comply with the mitigation measures described in the TIA, then Developer' s Fair Share Contribution for improvements in the City of Ontario shall be returned to the Developer.
X 2. 27 Pay fair share contribution for improvements in the City of Chino Hills ($ 91, 946) as described in the TIA dated April 27, 2016. If, within five ( 5) years of the date of collection of Developer' s Fair Share Contribution, the City of Chino and the City of Chino Hills do not comply with the mitigation measures described in the TIA, then Developer' s Fair Share Contribution for improvements in the City of Chino Hills shall be returned to the Developer.
X 2. 28 Pay fair share contribution for improvements in the City of Eastvale ($ 15, 650) as described in the TIA dated April 27, 2016. If, within five ( 5) years of the date of collection of Developer' s Fair Share Contribution, the City of Chino and the City of Eastvale do not comply with the mitigation measures described in the TIA, then Developer' s Fair Share Contribution for improvements in the City of Eastvale shall be returned to the Developer.
X 2. 29 Pay fair share contribution for improvements in the Caltrans right- of- way ($ 82, 274) as described in the TIA dated April 27, 2016. If, within five ( 5) years of the date of collection of Developer' s Fair Share Contribution, the City of Chino and Caltrans do not comply with the mitigation measures described in the TIA, then Developer' s Fair Share Contribution for improvements in the Caltrans right- of- way shall be returned to the Developer.
B- 7
PL 15- 0529 ( PM 19689),
PL 15- 0527 ( MSA),
PL 15- 0528 ( SCUP),
PL 15- 0530 ( SA) July 18, 2016
X 2. 30 Design and construct a traffic signal interconnect/ communications systems that includes installation of fiber optic and interconnect cable and all associated equipment ( e.g. conduit, pullboxes, vaults, splice boxes, modems, cables, etc.) to provide communications back to TMC located at City Hall. Design fiber splice details, install modems, and splice and test fiber optic communications to verify connectivity to City Hall TMC.
The interconnect/ communications system shall be maintained in- place along the following limits:
Kimball Avenue from Hellman Avenue to Rincon Meadows Avenue. Conduit has already been installed.
The interconnect/ communications systems ( conduit only) shall be constructed/ completed along the following limits:
Hellman Ave from Kimball Ave to northerly project property boundary Flight Ave from Kimball Ave to northerly project boundary It is our understanding that these improvements are currently being constructed by others
The system shall interconnect to the following existing or proposed traffic signals:
Kimball Ave/ Hellman Ave
Kimball Avenue/ Meadow Valley
Kimball Avenue/ Flight Avenue
Kimball Avenue/ Main Street ( Maintain existing communications) Kimball Avenue/ Mill Creek Avenue ( Maintain existing communications) Kimball Avenue/ Rincon Meadows Avenue ( Establish communications to this signal.
It is our understanding that these improvements are currently being constructed by others)
The system shall interconnect to the following communication hubs:
Hellman Ave/ Kimball Ave ( see COA 2. 23# 6)
Bickmore/ Mill Creek ( confirm all communications to this hub per the direction of City staff)
Fiber optic and interconnect cable, conduit, pullboxes, vaults, splice boxes, modems, cabinets and all necessary equipment related to the installation of traffic signal interconnect along project frontage streets are eligible for DIF credit at the discretion of the Assistant City Manager.
X 2. 31 Design and construct new traffic signals as described in Sections 2. 21 and 2. 23, to include all equipment, poles, traffic signal and electrical service cabinets, wheelchair access ramps, etc. to meet current City standards and Specifications. Design shall include all traffic signal interconnect, fiber optic cable, and communications vaults, cabinets and equipment as described in Section 2. 30. Any widening that affects existing traffic signal equipment will require a traffic signal modification plan to be designed and constructed by developer, even if not specifically identified in Conditions of Approval.
X 2. 32 Revise the City of Chino Storm Drain Master Plans to consider improvements proposed by the Project that affect Subarea 2. Storm drain improvements must accommodate stormwater flows associated with buildout of the project and the surrounding area, to a similar or better degree than the originally- planned master plan facilities.
B- 8
PL 15- 0529 ( PM 19689),
PL 15- 0527 ( MSA),
PL 15- 0528 ( SCUP),
July 18, 2016PL 15- 0530 ( SA)
X 2. 33 Prior to installation of underground utilities, CCTV inspection of existing sewer and storm drain conduitsthat may be impactedby the constructionshall be performedand recordings submitted to the City for comparison to post-construction inspection.
X 2. 34 The developer is responsibleto contractwith the City's designatedtraffic signal maintenancecompanyfor ongoing maintenanceof traffic signals installed by the developer listed in Sections 2. 21 and 2. 23 until such time the improvements are accepted by the City.
X 2. 35 Development shall meet all truck turning requirements from the City of Chino and Chino Valley Independent Fire District( CVIFD).
3. 0 PRIOR TO REQUEST AND RELEASE OF ANY OCCUPANCY PERMITS:
X 3. 1 Construct and secure Public Works Department approval of all required improvements and publicfacilities enumerated underSection2.0 above (per ResolutionNo. 88-23).
X 3. 2 Underground all utility lines adjoining and interior to the project, that include power lines of
34.5kV or less in accordance with City Code, Chapter 13.32.
3. 3 Distribute for signature of all buyers the information and disclosure notice announcing that the development will be annexed to the City's Landscape and Street Lighting Maintenance Assessment District before transfer of property title and completion and acceptance of all public improvements.
3. 4 Distribute for signature of all buyers the information and disclosure notice announcing that the project property will be subject to an annual special East Chino Specific Plan area Community Facilities District Tax.
3. 5 Require owners of speculative buildings to inform each building user about the requirement to submit an Industrial Waste Questionnaire to the City' s Environmental Engineering Section. Owners may contact the Environmental Engineering Section at ( 909) 334-3423 to obtain a copy of said Questionnaire.
X 3. 6 Submit to the City, electronic files of Tract/ Parcel Map and " as-built" improvement plans in AUTOCAD format and Adobe Acrobat PDF format. AUTOCAD files shall be submitted as an archived zip file of the CAD drawings with all base files attached.
X 3. 7 Slurry seal along all streets impacted by the development as directed by City staff. Install signing and striping per approved plans.
X 3. 8 The following improvements shall be constructed and approved by the Public Works department prior to release of certificate of occupancy for any buildings within Phase 1 shown on Exhibit 1:
Private Drive ' A'
Traffic signal at the intersection of Flight Ave at Kimball Ave The east side of Hellman Ave from the northerly project limits to Kimball Ave. This is for emergency access only and shall meet City and CVIFD requirements B- 9
PL 15- 0529 ( PM 19689),
PL 15- 0527 ( MSA),
PL 15- 0528 ( SCUP),
PL 15- 0530 ( SA)
July 18, 2016
X 3. 9 AtthediscretionoftheCityEngineerand/ortheAssistantCityManager/Directorof Public Works, thefollowingimprovementsshallbeconstructedandapprovedbythePublicWorks departmentprior to releaseof certificateof occupancyfor any buildingswithin Phase2 shown on Exhibit 1:
Improvements, includingbutnotlimitedto, thoselistedin COA2.8, 2.21, 2.23, and
2. 30.
X 3. 10 This projectis conditionedto buildcertainDIF facilitiesand will receiveDIF creditsfor building those facilities as indicated in Section 2.0. The amount of the DIF credits will be basedonanengineer's costestimatethatwillbereviewedandapprovedbytheCity.
Reconciliationof DIF credits will occur when the actual costs are knownand will be completed prior to the acceptance/ approval of the improvements.
X 3. 11 Submita reportcertifyingthatallpublicimprovementsconstructedaspartoftheprojectare compliantwithapplicableADAregulations. Thereportshallbepreparedandsubmittedbya CertifiedAccessSpecialist (CASp). Thereportmustbe reviewedandapprovedpriortothe CityCouncil's acceptanceofpublicimprovements. Theproposedpublicimprovementsmay cause existing public improvementsadjacentto or within the project area to be reconstructed in order to comply with ADA regulations.
MB
Attachment
B- 10
CITY OF CHINO
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
ITEMS REQUIRED FOR FIRST PLAN CHECK SUBMITTAL
PARCEL MAP NO. 19689( PL 15- 0529)
PROJECT ENGINEER: Michael Bhatanawin
DATE: July 13, 2016
A COPY OF THIS CHECK LIST MUST BE SUBMITTED WITH THE FIRST PLAN CHECK 1 Copy of Public Works Department Conditions of Approval 2 Sets of Maps ( Subdivision Only)
11 2 Copies of preliminary Title Report ( no older than six months) ( Subdivision Only) 2 Copies of Closure Calculations ( Subdivision Only)
1 Set of Referenced Maps ( Subdivision Only)
1 2 Copies of Preliminary Soils Report ( no older than sixty days) 2 Copies of lot line adjustment certificate
2 Copies of lot merger
2 Copies of right- of- way dedication
4 Sets of Rough Grading Plans
5 Sets of Precise Grading Plans
4 Sets of Storm Drain Plans
2 Copies of Hydrology and Hydraulic Calculations with Backup Data Signed and Sealed by a Registered Civil Engineer)
2 Copies of Engineering Cost Estimate ( On City Forms) with Engineer' s Wet Signature and Stamp
2 Sets of Street Improvements Plans
2 Copies of Cross- Sections ( if street plans are required) at 50' intervals and extended a minimum of 100' beyond limits of improvements
3 Sets of Sewer Plans
3 Sets of Domestic Water Plans
r 3 Sets of Recycled Water Plans
2 Sets of Street Light Plans
I 2 Copies of Voltage Drop Calculations ( Signed and Sealed by a Registered Engineer) 2 Sets of Signing and Striping Plans
I 2 Sets of Traffic Signal Interconnect Plans
2 Sets of Traffic Signal Plans
1 Water Quality Management Plan
B- II
Rev. 2/ 12/ 16 MB
EXHIBIT C
DIF ELIGIBLE PUBLIC IMPROVEMENTS SUMMARY
attached]
Exhibit"("'- DIF Eligible Public Improvements Summary
Engineering Total Nexus
DIF Nexus
Develo er s
Condition No.
Condition Description DIF Nexus Project Name DIF No. Study Cost P Cost
Estimate
Cost Estimate
Euclid Ave. at Kimball Ave.: design and construct a westbound right turn laneand modify thetraffic signal asrequiredby Caltransor improvementsto improve the Level of Service( LOS) of the intersection to the satisfaction of
2. 21 *( 1) the City Engineer. Only ultimate improvements that are required by the City Intersection- Kimball Ave/ Euclid Ave. 7R- 128 $ I, 881, 614 $ 433, 756 $ 433, 756 per theCity' s DIF programare eligiblefor DIF credit Any improvements requiredby Caltransthatarenot in the City's DIF programareNOT eligible for DIP credit.
Rincon Meadows Ave. at Kimball Ave.: add a second westbound through lane from Flight Ave to 200' west of Main St.
2. 23*( 2) Hellman Ave. at Kimball Ave.: add an eastbound left turn lane and implement Ave
Kimball Ave.- Euclid AN
TR 121 $ 5, 647, 137 $ 878, 726 $ 878, 726
overlap phasing on the eastbound right turn lane. ibis includes the extension of the median on Kimball Ave. at Flight Intersection.
2. 3 Flight Ave. at Kimball Ave.: install a traffic signal. Westbound right turn lane Traffic Signal- Kimball Ave./ Flight - IR 148 $ 306, 180 $ 306, I80 $ 503, 724is not eligible for DIF. Ave.
2. 23*( 3) Hellman Ave. at Kimball Ave.: install a traffic signal.
Intersection- Hellman Ave./ Kimball '
TR- 131 $ 1,469, 634 $ 150, 734 $ 150, 734Ave. 2 23*( 4)
Hellman Ave. at Kimball Ave.: Construct 30- ft of pavement from Merrill Hellman Ave- Merrill Ave./ Kimball TR- 120 $ 3, 759, 796 $ 128, 040 $ 12X, 040Ave. to Kimball Ave. Ave.
Design and construct a traffic signal interconnect/ communications systems that includes installation of fiber optic and interconnect cable and all 5)
associated equipment( e. g. conduit, pullboxes, vaults, splice boxes, modems, Intelligent llaspotlation System ' hft- 160 $ 1, 727, 116 $ 111, 849 $ 111, 849 cables,etc.) to provide communicationsback to TMC locatedat City! fall.
Design fiber splice details, install modems, and splice and test fiber optic communicationsto verify connectivityto City Hall TMC.
Planning
Requirement(* 6)
Preserve Monument Signs( 2) Gateway Monuments. TR- 162 $ 5, 654, 425 $ 339, 194 $ 339, 194 Kimball Ave./ Euclid Ave. righl turn& Flight Ave./ Kimball Ave.: additional
2. 23(* 7) right- of- way and improvements shall be required to accommodate these Miscellaneous land Acquisition TR- 164 $ 6, 548, 516 $ 108, 853 $ 108, 853 improvements.
2. 8(* 8)
Construct a 12" domestic water line within Flight Ave. from Kimball Ave. to 12" T ansmission/ Distribution Pipeline WI- I( 19 $ 7, 341, 400 $ 214, 722 $ 415, 08111, 520' n/ o Kimball Ave. Potable and Recycled 7 8( a))
Construct Hellman Ave. Median Island and Landscaping. West half of Hellman Ave.- Kimball/ E/ W Chino TR- I 18 $ 2, 093, 850 $ 173, 478 $ 171, 478median is D1F eligible. Corona Rd.
Total Cost $ 2, 845, 531 $ 3, 243, 434
Disclaimer:Drrvdoperisnorgaaramredtheestimatedamounts.The"actualcosts"shallhedeterminedhr therite EngineerpursuanttotherequirementssetJorthin theChinobfunicpalCode.Chapter3.45. 51 Total project cost is S I, sf 1.614; cost estimate accounts for 23% of the Waal cost. 2: ' Total project cost is S5,647, 137; cost estimate accounts for 16% of the total cost_ Thedesignofthisimprovementwill determineif thisimprovementiseligibleforDIP.ThisdeterminationisdependentuponthefinalreviewoftheCityEngineer.TheDevelopersestimatedcostsincludetheSw'Ccurbretain improvements_ Taal project cost is$ 1,469, 634 cost estimate accounts for I IP; of the total cost. 4: Total project cost is$ 3. 759, 796; cost estimate accounts Fier3 of the total cost.
5.. Total project cost is$ 1,727, 116; cost estimate accounts for 6% of the total cost. 6: Total project cost is SS654, 425; cost estimate accounts for 6", attic total cost. 7:TotalprojectcostisS6,545,516;costestimateaccountsf r 2%ofthetotalant. Developermustshowprof thatROWwasacquiredandpurchased.
Totalprojectcostis$7,34I,41/0;costestimateaccountsfor391ofthetotalcost. TheNexusincludes1,520'potablelinedi SIlls/I.Fphissohcosts.The3.4",,annualincreasewasalsoapplied. 4; total project cost is S2,091, 850, cost estimate accounts for 5 of she total cost.
C-
B, S& T Credit Water Credit
BLDG# 1 317, 495. 85) $ ( 117, 976. 60)
BLDG# 2 295, 310. 76) $ ( 109, 732. 96)
BLDG# 3 638, 670. 00) $ ( 237, 320. 00)
BLDG# 4 75, 1 19. 67) $ ( 27, 913. 32)
BLDG# 5 81, 885. 18) $ ( 30, 427. 28)
BLDG# 6 85, 453. 68) $ ( 31, 753. 28)
BLDG# 7 220, 170. 96) $ ( 81, 812. 16)
BLDG# 8 172, 124. 31) $ ( 51, 117. 40)
Total Credit Issued $ ( 1, 886, 230. 41) $ ( 688, 053. 00) Estimated Costs $ 2, 630, 810 $ 214, 722
Estimated True- Up Amount $ 744, 579. 40 $ ( 473, 331. 00) Credit Balance Owed to City
Note: Theestimatedtrue-upamountissubjecttochangependingthefinalreviewbytheCityEngineer.
C'- 2
EXHIBIT D
APPROVED ASSIGNMENT FORM
attached]
ADDENDUM NO. 1
Assignment of Credit)
Contract No.:
Assignor: CHINO KIMBALL INDUSTRIAL, LLC
Project Name: KIMBALL BUSINESS PARK— PM 19689
DIF Credit and ReimbursementSummary:
Actual Costs Credits Applied Balance
Circulation DIF $
Water DIF $
Sewer DIF $
Storm Drain DIF $
Balance Credits Assigned Balance Forward
Assigned Credit Circulation DIF
Assigned Credit Water DIF
Assigned Credit Sewer DIF
Assigned Credit Storm Drain DIF
CHINO KIMBALL INDUSTRIAL, LLC is herebytransferring DIF Credit in the amountof to:
Assignee:
Credit Transfer Amount: $
Remaining Credit:
Any transfer or assignment of credits or reimbursement rights acknowledged in this Addendum shallbemadein accordancewith City procedures, ona form approvedby andacknowledgedby the City. All parties to this Addendum agreethat City will have no obligation to recognizeor honor an assignmentor transferthat doesnot comply with the termsof this Addendum." SIGNATURES ON FOLLOWING PAGE]
D- 1
ASSIGNEE: CHINO KIMBALL INDUSTRIAL, LLC:
Signature, Title Signature, Title
Date: Date:
CITY OF CHINO ACKNOWLEDGEMENT:
Signature, Title
Date:
D- 2
MEMORANDUM
CITY OF CHINO
DEVELOPMENT SERVICES DEPARTMENT
COUNCIL MEETING DATE: NOVEMBER 17, 2020
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: NICHOLASS. LIGUORI, AICP, DEVELOPMENTSERVICESDIRECTOR SUBJECT: FINAL ACCEPTANCEOF PUBLIC IMPROVEMENTSAND DEVELOPMENT
IMPACT FEES CREDIT & REIMBURSEMENT AGREEMENT - PARCEL MAP NO. 19689 ( KIMBALL BUSINESS PARK).
RECOMMENDATION
1) Acceptthepublicimprovementsfor ParcelMapNo. 19689ascomplete; 2) authorizerelease of the faithful performance and labor and material bonds; 3) initiate the warranty bond; 4) approve a construction credit/reimbursement agreement with Chino Kimball Industrial, LLC, a DelawarelimitedliabilitycompanyforpublicimprovementsrelatedtoParcelMapNo. 19689for a not to exceed amount of $ 2,845,532; and 5) authorizethe City Manager to execute the necessary documents on behalf of the City.
FISCAL IMPACT
DevelopmentImpactFeecreditsissuedtothedeveloperthroughthedurationoftheprojectwill bedeductedfromtheactualprojectcostsoncethefinalcostaccountinghasbeenreviewedand approvedby the CityEngineer. Uponthefinalcostaccountingby the CityEngineer, staffwill continueto monitor the fund balancein the appropriateDevelopmentImpact Fee Fund and begin making progresspaymentsto the developerand/or apply credits for Phase II until the termsof the Credit/ReimbursementAgreementare fulfilled. Each progresspaymentwill require anappropriationof fundsandtherefore, eachpaymentwill bebroughtbackto theCityCouncil forapproval. Additionally, therearesufficientfundsincludedintheCity's OperatingBudgetto supportthe maintenanceactivitiesrelatedto the publicimprovementsacceptedby the City Council.
Revenue: Expenditure:
Transfer In: Transfer Out:
COUNCIL MEETING DATE: NOVEMBER 17, 2020
SUBJECT: FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS AND DEVELOPMENT IMPACT FEES CREDIT & REIMBURSEMENT AGREEMENT - PARCEL MAP NO. 19689
KIMBALL BUSINESS PARK)
PAGE 2
BACKGROUND
On September 1, 2020, the City Councildeferredback to staff the final acceptanceof public improvements for Parcel Map No. 19689, as presented by Chino Kimball Industrial, LLC developer), to ensurethat the requirementsset forthin the applicablelawsfor accessibilityand mobility were implemented appropriately in the design and construction of the public improvements.
This project consists of approximately 70 acres of land for the construction of a 1,203,050 square foot industrial park. The project is generally located on the north side of Kimball Avenue, west of Hellman Avenue, east of Flight Avenue, and south of Remington Street ( see Exhibit A in the attached Agreement). Parcel Map No. 19689 was conditionally approved by the City of Chino Planning Commission on July 18, 2016.
The Conditions of Approval for Parcel Map No. 19689 required the developer to construct certain public improvements to mitigate the project's impacts. The requirements made at the time of tentative map approval have been met by the execution of the Subdivision Improvement Agreement on July 18, 2017 and by posting the necessary securities to guarantee the construction of the required public improvements.
City staff and the developerwere engagedthroughoutthe courseof the projectto ensure its delivery of the public improvements. The public improvements were constructed to the satisfaction of the City Engineer and meet all applicable City and accessibility requirements.
ISSUES/ ANALYSIS
The public improvements that are being accepted by the City include curb, gutter, sidewalk, pavement, street lights, landscape, traffic signals, intersection/ street improvements and domestic water improvements. Construction of the aforementioned public improvements began in late 2017 and continued into the fall of 2018 to allow for the construction / widening of Kimball Avenue, Flight Avenue, curb, gutter, median islands, turn pockets, sidewalks, and driveway approaches fronting Kimball Avenue and Flight Avenue. New curb ramps and traffic signals were not constructed pending a redesign and reassessment of accessibility and technical design requirements for the intersection improvements. The plans were under redesign from December 2018 to September 2019. Construction slowed in fall 2018 to winter 2019 to allow for the developer and contractor to develop a new work schedule and order equipment.
Construction of the ramps and signals were then commenced between March 2020 and finalized in June 2020.
Staff thoroughly reviewed all applicable public improvement related laws, policies and guidelines. The City of Chino' s Policy on Accessible Pedestrian Facilities provides direction on the scoping and technical requirements of shared- use paths stating they shall comply with governing standards. These governing standards include legal requirements of public improvements to meet accessibility requirements and provide guidance on scoping and technical characteristics. Engineering guidance provided by standards such as the Federal Highway Administration ( FHWA) Pedestrian & Bicycle Safety Programs; Caltrans Highway Design Manual ( HDM); the American Association of State Highway and Transportation Officials AASHTO); A Policy on Geometric Design of Highways and Streets; and AASHTO Guide for the Development of Bicycle Facilities provide clear guidance on the scope and technical COUNCIL MEETING DATE: NOVEMBER 17, 2020
SUBJECT: FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS AND DEVELOPMENT IMPACT FEES CREDIT & REIMBURSEMENT AGREEMENT - PARCEL MAP NO. 19689
KIMBALL BUSINESS PARK)
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requirements while allowing for flexibility in relying on engineering judgment of the local jurisdiction to ultimately provide facilities that meet the safety and functional needs of the community, allowing for variability in field conditions and constraints. The facilities being accepted tonight have met all legal accessibility requirements and comply with all governing code standards.
Some of the required public improvements are master-planned facilities and are included in the City' s Development Impact Fee ( DIF) program. These public improvements are eligible for DIF credit and reimbursement per the Chino Municipal Code, Chapter 3.45 and are identified in the attached Exhibit A entitled Construction Credit/ Reimbursement Agreement.
The City Engineer will review the final accepted/ approved " as- built" plans, specifications and supporting documentation provided by the developer and will determine what costs are eligible for reimbursement under the DIF program as applicable. There may be a possibility that the eligible costs approved by the City Engineer exceed the original estimate included in the DIF Nexus Study. If that is the case, City staff will include the updated costs for the project in the next annual update to the Nexus Study.
Security for a one- year warranty period has been submitted. Under the warranty bond obligation, the developer will correct any defects found within one- year of City Council' s acceptance of the project. Also, upon completion and final acceptance, the public improvements shall become the sole exclusive property of the City to operate and maintain. Sufficient funds are included in the City's Operating Budget to cover costs for maintenance of said facilities. The following maintenance obligations will commence:
Domestic Water System: By the City
Recycled Water System: By the City
Potable Water System: By the City
Sewer System: By the City
Storm Drain: By the City
Public Street Sweeping: By the City
Street Lights: By the property owner
Landscaping: By the property owner
Therefore, it is staff' s recommendation that the City Council accept the public improvements as complete; authorize release of the faithful performance and labor and material bonds; initiate the warranty bond; and, approve a credit/reimbursement agreement to the developer in the amount of $ 2,845, 532. The reimbursement agreement has been reviewed and approved by the City Attorney.
Attachment: Exhibit A - Construction Credit/ Reimbursement Agreement