Exhibit B - Fully Executed SIA — Chino City Council, December 5, 2023

Contract No. f/ g, ZZ?
Approved /// b/ tole. 4//

SUBDIVISION IMPROVEMENT AGREEMENT
TRACT MAP NO. 18923
THIS AGREEMENT is entered into by and between the CITY OF CHINO, a Municipal Corporation of the State of California ( hereafter called " the City") and BMCH CALIFORNIA, LLC hereafter called " the Subdivider").

WHEREAS, the Subdivider is the owner of certain real property situated in the City of Chino, County of San Bernardino, State of California, generally known and described as Tract Map No. 18923 which is the subject matter of this Agreement ( hereafter called "the Property"); and
WHEREAS, the Subdivider has submitted an application to the City to subdivide the Property as Tract Map No. 18923 ( hereafter called " the " Map"); and WHEREAS, the Subdivider proposes to develop the Property and construct certain improvements hereon as hereinafter set forth; and
WHEREAS, the City desires to assure that said proposed improvements will be constructed and installed in a good and workmanlike manner, and in strict accordance with all applicable laws, statutes, ordinances, resolutions and regulations now in force and effect in the City of Chino, and the terms and conditions imposed on the approval of said Map by the Planning Commission and the City Council, all of which are incorporated herein; and WHEREAS, the Subdivider acknowledges familiarity with the City's subdivision ordinance and requirements and the Subdivision Map Act ( Government Code Sections 66410-66499.37) and hereby agrees to comply therewith; and
WHEREAS, the Subdvider has prepared and submitted a final tract map for the Property in accordance with the City's requirements for approval by the City Council.

NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:

Article 1 Duty to Install Public Improvements

1. 1 Requirements for Public Improvements. The Subdivider shall, at his/ her/ its own cost and expense, construct, install and complete all of the public improvements contained in Exhibit 1 in a good and workmanlike manner, according to the approved plans and specifications, and to the satisfaction of the Assistant City Manager/ Director of Public Works or his designee, within two ( 2) years from the date of the City's approval of this Agreement, and within the time frame and subject to the conditions set forth in the Encroachment Permit that is issued for the required public improvements. The time for completion may be extended up to one ( 1) additional year by the City Council for good cause shown. The sum of Two Million One Agreement Masters\ Subdivision Improvement Agreement( General City, CP)\ REV 15-

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Hundred Seventy Eight Thousand Three Hundred and 0/ 100 dollars ($ 2, 178, 300. 00) is the estimated construction cost of said improvements.

1. 2 Ownership of Public Improvements. All public improvements constructedor installedpursuantto this Agreementshall becomethe sole exclusivepropertyof the City, withoutpaymenttherefore, uponacceptanceof said improvementsby the City.

1. 3 Definition of Improvements. The term "improvement" shall mean any and all work or infrastructure required for the development of this subdivision, including, but not limited to, bicycle trails, communication transmission devices, curbs, drainage facilities, electric transmission devices, excavation, grading, gutters, landscaping, pathways, sanitary sewers, sidewalks, streets, street lights, traffic control devices, utilities, water lines, as shown on plans, profiles or specifications prepared or submitted by the Subdivider.

1. 4 Repair or Reconstruction of Defective Improvements. If, within a period of one ( 1) year after final acceptance of work performed under this Agreement, any improvement or part of any improvement constructed, installed or furnished, or caused to be constructed, installed or furnished by the Subdivider, or any of the work done under this Agreement fails to comply with, or satisfy, any of the requirements of this Agreement, or the specifications referenced herein, the Subdivider shall, without delay and without any cost to the City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or improvements. Should the Subdivider fail to act promptly or in accordance with these requirements, or should an emergency require repairs or replacements to be made before the Subdivider can be notified, the City may, at its sole option, make the necessary repairs or replacements or perform the necessary work, and the Subdivider shall pay to the City the actual cost of such repairs, plus 15 percent.

1. 5 Repair or Replacement of Unrelated Improvements. The Subdivider shall replace, or have replaced, or repair, or have repaired, as the case may be, all pipes and monuments situated on said property, delineated on the Map, which have been destroyed or damaged and the Subdivider shall replace, or have replaced, repair, or have repaired, as the case may be, or pay to the owner, the entire cost of replacement or repairs, of any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City, or by any public or private corporation, or by any person whomsoever, or by any combination of such persons. Any such repair or replacement shall be to the satisfaction, and subject to the approval, of the Assistant City Manager/ Director of Public Works or his designee.

1. 6 Time of Completion. All of the public improvements shall be completed within two (2) years from the date of the City's approval of this Agreement, and within the time frame and subject to the conditions set forth in the Encroachment Permit that is issued for the required public improvements. In the event that the Subdivider fails to complete the public improvements within said period, the City may complete said work and shall be entitled to recover the full cost and expenses thereof from the Subdivider, or its surety, as hereinafter provided. The City may require the Subdivider, or its surety, to pay the City, in advance, sufficient monies to pay for the City's cost of completing construction and installation of said public improvements.

Agreement Masters\ Subdivision Improvement Agreement( General City, CP)\ REV 15-

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1. 7 Security. Contemporaneously with the execution hereof, the Subdividershall file security, subject to the approval of the City Attorney, pursuant to Section 66499 of the Government Code and Section 19. 09. 010 of the Chino Municipal Code, to guarantee performance of the requirements of this Agreement, the terms and conditions imposed on the approval of Map, and all of the City's ordinances, specifications and regulations as follows:
a. A security device in an amount equal to 100 percent of the estimated construction cost to guarantee the faithful performance of all of the requirements of this Agreement, including the construction, installation and completion of the work and public improvements required by this Agreement; and
b. A security device in an amount equal to 50 percent of the estimated construction cost to guarantee payment to the contractors, their subcontractors, and to persons renting equipment or furnishing labor and materials to said contractors, for the public improvements required by this Agreement; and
c. All security devices under this Agreement shall also guarantee the payment of reasonable attorney fees, expert witness fees and court costs to the City; and
d. Any changes or alterations in the work or public improvements required hereunder, not exceeding 10 percent of their original estimated cost, shall not relieve any liability of the security given for the faithful performance of this Agreement.

In the event any changes or alterations of the work or public improvements required hereunder exceed 10 percent of their original estimated cost, the Subdivider shall provide such additional security for its faithful performance as determined by the Assistant City Manager/ Director of Public Works or his designee and approved by the City Attorney.

The City Council may, at its sole discretion, reduce the amount of any security device as recommended by the Assistant City Manager/ Director of Public Works or his designee and the City Attorney for any portion of the public improvements installed by the Subdivider and accepted by the Assistant City Manager/Director of Public Works or his designee.

1. 8 One Year Warranty and Warranty Bond. Without limiting the foregoing, Subdivider warrants and guarantees materials used and workmanship performed on said work and public improvements. In connection herewith, the Subdivider shall submit security, subject to the approval of the City Attorney, for a period of one ( 1) year following the completion and acceptance of the work hereunder in the sum equal to 10 percent of their actual construction cost and reasonable attorney fees, expert fees and court costs. The Subdivider further agrees to pay the City for all costs to maintain the landscaping in a vigorous and thriving condition, to maintain the street lights and to pay for all energy costs for a period of one ( 1) year after completion and acceptance thereof by the Assistant City Manager/Director of Public Works or his designee and the City Council. Maintenance and energy costs shall be based on the amounts specified in the most recent publication of the Annual Engineer's Report for the Levy of Assessments for the Landscaping and Lighting Districts.

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Civil Code Section 9550.

Article 2. Procedural Requirements

2. 1 Preparation of Improvements Plans. No work pursuant to this Agreement shall be commenced until the Subdivider' s plans, profiles and specifications for the public improvements have been submitted to and approved by the Assistant City Manager/ Director of Public Works or his designee. The Subdivider warrants that its plans, profiles and specifications conform as a minimum to the City's ordinances and standard specifications, and that they are adequate to construct and install the public improvements in a good, workmanlike manner and in accordance with sound construction practice for public works.

2. 2 Cost of Checking Plans. The Subdivider shall pay to the City the cost of checking and approving the plans, profiles and specifications. The Subdivider shall pay to the City the fees for the cost of checking said plans upon submittal of said plans to the City. If said fees prove to be insufficient to complete said plan checking, the Subdivider shall make additional deposits as required by the Assistant City Manager/ Director of Public Works or his designee. Failure to make any required payment or deposit shall cause such plan checking to be suspended and be grounds to withhold the issuance of building permits for any construction in the subdivision defined by Map.

2. 3 Soils Report. The Subdivider shall cause to be made and pay for soil tests made by a reputable soils testing laboratory to determine gradation, bearing and resistance value of soils within the subdivision. The Subdivider shall also cause to be made and pay for all compaction tests necessary to determine that all soils, including the utility trenches, have been satisfactorily backfilled.

2. 4 Permits and Fees. The Subdivider shall, at the Subdivider' s expense, obtain all necessary permits and licenses for the construction and installation of the work and public improvements required hereunder and pay all required fees and taxes and give all necessary notices.

2. 5 Superintendence by the Subdivider. The Subdivider shall provide continuous superintendence to the construction and installation of the public improvements by assigning a competent foreman or superintendent, satisfactory to the Assistant City Manager/ Director of Public Works or his designee, to the work site, who shall have full authority to act for the Subdivider

2. 6 Duty to Facilitate Inspections. The Subdivider shall at all times maintain proper facilities and provide safe access for inspection by the Assistant City Manager/ Director of Public Works or his designee, to all parts of the work, and to the shops wherein the work is in preparation.

Article 3. The Subdivider' s Liabilities

3. 1 Liability of the Subdivider. The Subdivider agrees that the use for any purpose and by any person of any or all of the work and public improvements required by this Agreement shall be at the sole and exclusive risk of the Subdivider at all times prior to final acceptance by the City of the completed public improvements thereon and therein; provided that Agreement Masters\ Subdivision Improvement Agreement( General City, CP)\ REV 15-

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1. 9 Paymentof Labor and Materials. The Subdividerand
its contractorsshallpay for any materials, provision, provenderand othersupplies or equipmentused in, upon,for, or about theperformanceof the workcontractedto be done, and for anywork or laborthereonof any kind, andfor a paymentbond withrespectto suchwork or labor, as required by Agreement Masters\ Subdivision ImprovementAgreement(GeneralCity, CP)\ REV 15- Page3of 10 0128\
MB g
acceptanceby the City shall not eliminate, lessen or relievethe Subdividerof any obligationsor undertakings contained in this Agreement. The issuanceof any occupancypermits by the City for any structures located within said subdivision shall not be construed to constitute an acceptance or approval of any of the public improvements required hereunder.

3. 2 Liability for Nonperformance. Neither the City nor any of its officers or agents shall be liable to the Subdivider or its contractors for any error or omission arising out of, or in connection with, any work to be performed under this Agreement or the plans, profiles or specifications therefore approved by the Assistant City Manager/Director of Public Works or his designee.

3. 3 Development Impact Fees. Development Impact Fees shall be paid pursuant to and in accordance with Chino Municipal Code Chapter 3. 40.

3. 4 Utility Deposits. Prior to commencement of any work required by this Agreement, the Subdivider shall file with the Assistant City Manager/ Director of Public Works or his designee a statement signed by the Subdivider and each public utility to the effect that the Subdividerhas made all depositslegallyrequiredby such publicutilityfor the connectionof any and all public utilities required to be supplied by such public utility within the subdivision.

3. 5 Liability for Personal Iniuries. The City shall not be liable to the Subdivider or to any other person, firm, or corporation whatsoever, for any injury or damage that may result to any person or property by or from any cause whatsoever, in, on or about the subdivision of the Property or connected to the construction and installation of the work and public improvements required hereunder.

3. 6 Release and Indemnification. The Subdivider hereby releases and agrees to indemnify and save the City harmless from and against any and all injuries to and deaths of persons and injuries to property, and all claims, demands, costs, loss, damage and liability, howsoeverthe same may be caused, and whensoeverthe same may appear, resulting directly or indirectly from the performance or nonperformance of any work or public improvement to the Property and upon premises adjacent thereto pursuant to this Agreement, and also from any and all injuries to, and deaths of persons, and injuries to property or other interests, and all claims, demands, costs loss, damage, and liability, howsoever same may be caused and whensoever the same may appear, either directly or indirectly made or suffered by the Subdivider, Subdivider' s agents, employees, and subcontractors, while engaged in the performance of said work or public improvements. Prior to the commencement of any work or public improvement required hereunder, the Subdivider shall furnish to the City satisfactory evidence of an insurance policy, written upon a form and by a company which meets with the approval of the City, insuring the City, its officers, agents, and employees against loss or liability which may arise during the work, or which may result from any of the work herein required to be done, including all costs of defending any claim arising as a result thereof. Minimum liability and property damage insurance shall be not less than $ 500,000.00 for all damages arising out of bodily injury to or death of one person and not less than $ 1,000,000.00 for all damages arising out of bodily injuries to or death of more than one person in any one occurrence; and not less that $ 250,000.00 for all damages and/or destruction of property in any one occurrence and not less than $ 500,000.00 for all damages and/or destruction of property during the policy period.

Said policy shall be maintained in full force and effect during the life of this Agreement. Said policy shall state, by its terms and by an endorsement, that said policy shall not be canceled until Agreement Masters\ Subdivision Improvement Agreement( General City, CP)\ REV 15-

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the City shall have had at least ninety( 90) days prior notice in writing of such cancellation.

Article 4. Inspection of Improvements

4. 1 Inspection by Assistant City Manager/ Director of Public Works. All public improvements shall be constructed under the inspection of, and subject to approval, of the Assistant City Manager/ Director of Public Works or his designee. The cost of inspections shall be paid by the Subdivider, who shall submit a sufficient deposit prior to the issuance of building permits. If said deposit proves to be insufficient to complete said inspection, the Subdivider shall make additional deposits as determined by the Assistant City Manager/ Director of Public Works or his designee. Failure to make any required deposit shall cause such plan inspections to be suspended and be grounds to revoke all the building permits for any construction in the subdivision, or to refuse to issue an occupancy permit for any facilities constructed on any lot within said subdivision.

4. 2 Approval by Assistant City Manager/ Director of Public Works. It is mutually agreed that the Assistant City Manager/Director of Public Works or his designee shall have the authority to reject any or all of the work or public improvements required hereunder if same fails to conform to the approved plans, profiles or specifications for said public improvements or if same are not constructed or installed in a good and workmanlike manner to the satisfaction of the Assistant City Manager/ Director of Public Works or his designee.

Furthermore, any damage to existing facilities, including any curbs, drainage facilities, gutters, landscaping, sewer and water mains, street or utilities, that occurs after installation, shall be repaired to the satisfaction of the Assistant City Manager/ Director of Public Works or his designee by the Subdivider prior to the issuance of an occupancy permit for any structure within the subdivision and prior to the release of any security provided hereunder. 4, 3 Responsibility Despite Inspections. Notwithstanding the fact that the Subdivider' s plans, profiles and specifications, and construction and installation of the public improvements, and other acts are subject to the approval of the Assistant City Manager/ Director of Public Works or his designee, it is understood and agreed that any approval by the Assistant City Manager/ Director of Public Works or his designee shall not relieve the Subdivider of the obligation to satisfactorily perform the obligations hereunder. All construction shall be performed strictly in accordance with the approved plans, profiles and specifications, the City's latest standard specifications and the provisions of the Chino Municipal Code to the satisfaction of the Assistant City Manager/Director of Public Works or his designee.

4. 5 Notice of Completion. The Subdivider shall record a Notice of Completion for all the work and public improvements completed within ten ( 10) days after the City's acceptance of said improvements.

4. 6 Certification of Satisfactory Completion. Upon the satisfactory completion of the improvements by the Subdivider, the Assistant City Manager/ Director of Public Works or his designee, or his designee, shall certify that the work of said improvements has Agreement Masters\ Subdivision Improvement Agreement( General City, CP)\ REV 15-

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0128\ MB
of thisAgreement. Saidpolicyshall state, by itstermsand by an endorsement, that said policyshallnotbe canceleduntil AgreementMasters\Subdivision ImprovementAgreement(GeneralCity,CP)\ REV 15- Page 5 of 10 0128\MB
been satisfactorily completed.

4. 7 Filing of " Record" Drawings. Upon completion of the work or public improvements, the Subdivider shall submit one mylar ( 4 mils) set of " Record" drawings to the Assistant City Manager/ Director of Public Works or his designee. These drawings shall be certified as representing the actual construction and shall depict the work and public improvements as actually constructed, with all changes incorporated therein.

Article 5. Miscellaneous Provisions

5. 1 Relationship of Contractors. It is hereby mutually covenanted and agreed by the partiesheretothat the Subdivider's contractorsare not agentsof the City and that the contractors' relations to City, if any, are those of independent contractors.

5. 2 Entire Agreement. This writing constitutes the entire agreement of the Parties and supersedes any prior written or oral agreements between them with respect to the subject matter hereof and may not be modified or amended except as set forth herein.

5. 3 Attorney' s Fees. In the event that any action at law or in equity is brought to interpret or enforce any provision of this Agreement, the prevailing party shall be entitled to reasonable attorney' s fees and court costs.

5. 4 Assignment. This Agreement shall not be assignable by the Subdivider without written consent of the City.

5. 5 Successors. Subject to the restrictions against assignment contained herein, this Agreement shall inure to the benefit of and shall be binding upon each of the parties and their respective assigns, successors in interest, person representatives, estates, heirs and legatees.

5. 6 No Waiver. No waiver of any breach or default hereunder shall be considered valid unless in writing, and no such waiver shall be deemed a waiver of any subsequent breach or default of the same or similar nature.

5. 7 Choice of Law. This Agreement shall be governed by the laws of the State of California without regard to the principles of conflict of laws.

5. 8 Invalidity. If any provisions of this Agreement shall be declared invalid, void, or unenforceable by a court of competent jurisdiction of the State of California, the remaining provisions shall continue in full force and effect.

5. 9 Counterparts. This Agreement may be executed in one or more counterparts, all of which taken together shall be deemed one original.

5. 10 Effective Date of Agreement. This Agreement shall not become effective unless and until the final map of said tract/parcel shall have been approved by the City Council of the City of Chino.

Agreement Masters\ Subdivision Improvement Agreement( General City, CP)\ REV 15-

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Assistant City Manager/Directorof PublicWorksor
his designee.4. 4 OccupancyPermits. No occupancypermitfor anystructure on any lot within the subdivisionshall be issued, and no utility connectionshall be made, unless and until the Subdivider has compliedwith all the obligationshereunderto the satisfaction of the Assistant City Manager/Directorof PublicWorksor
hisdesignee.4. 5 Notice of Completion. The Subdividershallrecord a Notice of Completionfor all the work and public improvementscompletedwithinten ( 10) days aftertheCity' s acceptanceof
saidimprovements.4. 6 Certification of SatisfactoryCompletion. Upon the satisfactorycompletionof theimprovementsby the Subdivider, the Assistant City Manager/Director of PublicWorksor his designee, or his designee, shall certifythat thework of said improvements has Agreement Masters\ Subdivision ImprovementAgreement(GeneralCity, CP)\ REV 15- Page6
of 10
0128\MBof this Agreement. Said policyshall state, by its terms and by an endorsement, that said policyshallnotbe canceleduntilAgreement Masters\SubdivisionImprovementAgreement(GeneralCity, CP)\ REV 15- Page5 of 10 0128\ MB
Agreement Masters\ Subdivision Improvement Agreement( General City, CP)\ REV 15- Page of 100128\ MB 8
Executed at Chino, California, on ‘ a n a ary / b, 2t, IR .

Approved as • Form: Approved as to Content:
0A175f
City Atto ey 41Josie Alir&--
sistant City Manager
BM' CALIFO" NIA LLC
By: i ItZ ( tV
Signature and Date)
Name: 3, 4 aui ; JGac-,,÷ A, e., c7.

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Title: 75v17SZa: V ? ccS% p- Air
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CITY OF CHINO
r,• .4Matte :: tyne, City ManagerI
Dated: 1.117
ATTEST:
0 n cz" stAirAngela R es, City Clerk
Dated: 1 -\.°\ - LB
Attachment: Exhibit 1
Agreement Masters\ Subdivision Improvement Agreement( General City, CP)\ REV 15-

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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 documents.

State of California
County of Los Angeles
On January 12, 2018 before me Brenda C Barboza, Notary Public, personally appeared Shane Bouchard who proved to me on the basis
of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.

Icertify 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.

BRENDAC. BARBOZAI
Signature: Commission No. 2152410
LiC J NOTARY PUBLIC- CALIFORNIA

RIVERSIDE COUNTY
My Comm. Exams MAY 8. 2020

SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT 1
A. Removal of undesirable, dangerous and dead plant materials and roots.

B. All onsite and offsite grading as specified on the approved grading plan.

C. Relocation of all public utility structures as necessary to properly construct the required improvements.

D. Storm drain facilities as required and shown on the approved construction plans and in accordance with City Standards.

E. Sanitary sewers constructed as shown on the approved, engineered plans and in accordance with City Standards.

F. Water mains, valves, hydrants, services, meters and appurtenances to serve each lot as shown on the approved construction plans and in accordance with City Standards.

G. Underground installation of all electrical, telephone, cable television and any other energy or communication lines that abut or are within the project site.

H. A street lighting system ( City-owned) in accordance with City Standards.

Disposal of all rocks and debris located within any public right-of-way within said development or on the boundary streets thereof.

J. Installation of concrete curbs, gutters, sidewalks, cross gutters, driveways and intersections as shown on approved construction plans and in accordance with City Standards.

K. Installation of asphalt concrete or Portland Cement Concrete street pavement on base material as shown on approved construction plans and in accordance with City Standards.

L. Street signs at intersections per the City Standards.

M. Installation of approved landscaping ( plants and materials).

N. Setting monuments as required by the State Code.

The Subdivider shall also perform all work and furnish all materials necessary, in the opinion of the Assistant City Manager/ Director of Public Works or his designee and on his order, to complete the improvements in accordance with the plans and specifications on file as hereinbefore specified, or any changes required or ordered by said Engineer which, in his opinion, are necessary or required to complete this work.

Agreement Masters\ Subdivision Improvement Agreement( General City, CP)\ REV 15-

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sionsshall continue in full force and effect.5.
9 Counterparts. ThisAgreement maybeexecutedin one or morecounterparts, all of which taken together shall be deemed oneoriginal.5. 10 Effective
Dateof Agreement. This Agreement shall not become effectiveunlessanduntil the finalmapof said tract/ parcel shallhave been approved by the City Council of the City of Chino. AgreementMasters\ SubdivisionImprovementAgreement(GeneralCity,CP)\ REV 15- Page7 of 10 0128\MB Assistant CityManager/Director of PublicWorksor hisdesignee.

4. 4 Occupancy Permits. No occupancy permitfor any structure on anylot withinthe subdivision
shall be issued, and no utilityconnectionshall
bemade, unless and untilthe Subdividerhascompliedwith all the obligationshereunderto the satisfactionof the AssistantCityManager/Director of PublicWorks or his designee.4. 5 Noticeof Completion. The Subdividershall record a Noticeof Completionfor all the work and publicimprovementscompletedwithinten (10) daysafter the City' s acceptanceof said improvements.4. 6 Certification of SatisfactoryCompletion. Uponthe satisfactorycompletionof the improvementsby the Subdivider, the Assistant City Manager/Director of PublicWorks
or his designee, or his designee, shall certifythat
the workof said improvementshas Agreement Masters\SubdivisionImprovementAgreement(General City,CP)\ REV 15- Page6 of 10 0128\ MB of this Agreement. Said policyshall state, by its terms and by an endorsement, that said policy shall not becanceleduntil
AgreementMasters\
SubdivisionImprovementAgreement(GeneralCity,CP)\ REV15- Page5 of 10 0128\MB DocuSign Envelope ID: AECD127E- 4CE7- 4081- 9E2F- 5BFF51B99A2B Bond No.: SUR0043512
ContractNo.: -
Zo40 -
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Approved: // poi/$ #

FAITHFUL PERFORMANCE BOND
WHEREAS,the CityCouncilof the Cityof Chino,Stateof California, hereinafterdesignatedas"CITY"and BMCH CALIFORNIA. LLC, hereinafter designated as " PRINCIPAL," have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated l• / b•/ 8 and identified as Tract No. 18923, is hereby referred to and made a part hereof; and
WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement.

NOW, THEREFORE, we, the Principal and Argonaut Insurance Company as surety,are held and firmly bound unto the City of Chino in the penal sum of Two Million One Hundred Seventy Eight Thousand Three Hundred and 0/ 100 Dollars($ 2. 178,300. 00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that If the above- bound Principal, his or its heirs, executors, administrators,successors, or assigns, shall in all things standto and abide by; and well and truly keep and perform the covenants, conditions, and provisions in said agreement and any alteration' thereof made as therein provided, on his or its part, to be kept and performed at the time and In the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees including reasonable attorneys' fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the agreement or to the work or to the specifications.

IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named, on
C ORNIA, LLC Argonaut Insurance Company

PRIN PAL
J,
S1URETY
j
By: B V b,W- e-" v y'
chArut AlooUtan goochcaed Mona D. Weaver, Attorney- in-Fact J7r f/ S! Off. ? reSrdi, J- SIGNATURES MUST BE NOTARIZED.

Document No. 16353( PWFORMSIBONDS- 1 Ithful pedonnancekev. 05/ 2012) Page 1 of 1 of
theAssistantCity Manager/Director of Public Works or his designee. 4. 5 Noticeof Completion. The Subdividershall record a Notice of Completionfor all the workandpublic improvementscompletedwithin
ten (10) days after the City' s acceptanceof
said improvements.4. 6 Certificationof Satisfactory Completion. Upon the satisfactorycompletionof the improvementsby the Subdivider, theAssistantCity Manager/Directorof PublicWorksor his designee, or his designee, shall certify that the work of said improvements has AgreementMasters\Subdivision
ImprovementAgreement(
GeneralCity,CP)\ REV15- Page 6 of 100128\MB of this Agreement.

Said policy shallstate, by its termsand by an endorsement, thatsaid policy shallnot be canceleduntil AgreementMasters\Subdivision ImprovementAgreement(General City, CP)\ REV 15- Page5 of 10 0128\ MB

CALIFORNIA ALL- PURPOSE

CERTIFICATE OF ACKNOWLEDGM ENT
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 documents.

State of California
County of Los Angeles
On January 4, 2018 before me Brenda C Barboza, Notary Public, personally appeared Shane Nathan Bouchard who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.

Icertify 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.
if-'"
C-a4/ 2/"
W
BRENDA C. BARBOZA
W:31 Commission No. 2152410Si nature: /, pi T""
9 NOTARY PUBLIC- CALIFORNIA 2
ii
r

RIVERSIDE COUNTY
My Comm. Expires MAY 8. 2020

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 Colorado
County of Denver
On 2017 before me, Sheila J. Montoya, Notary Public, personally appeared Mona D. Weaver, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in his/ her/ their authorized capacity( ies), and that by his/ her/their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.

IcertifyunderPENALTYOFPERJURYunderthelawsoftheStateofColoradothatthe foregoing paragraph is true and correct.

WITNESS my hand and official seal.

STATEOFF
traAAJY.

G dA
21'(
O
Sig ur.

Sheila/ J. Mo oya
Si nature: /, pi T""
9 NOTARY

PUBLIC- CALIFORNIA
2 ii r RIVERSIDECOUNTYMy
Argonaut Insurance Company
AS- 0103811
Deliveries Only: 225 W. Washington, 24th Floor
Chicago, IL 60606
United States Postal Service: P. O. Box 469011, San Antonio, TX 78246

POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the Argonaut InsuranceCompany, a Corporation duly organizedand existing underthe laws of the State of Illinois andhaving its principal office in the County of Cook, Illinois doeshereby nominate, constitute andappoint:

Anuj Jain, SheilaJ. Montoya, Charles McDaniel, Mona D. Weaver. Angela M. Tindol, JanetM. Elwell. Angela R. Yanofsky, ShaleenR. Lovitt Theirtrueandlawfulagent(s)andattomey(s)-in-fact,eachintheirseparatecapacityif morethanoneisnamedabove,tomake,execute,sealanddeliverfor and on its behalf as surety, and as its act and deed any and all bonds, contracts, agreementsof indemnity andother undertakings in suretyship provided, however, that the penal sum of any one such instrument executedhereundershall not exceedthe sum of:
75, 000, 000. 00
This Powerof Attomey is granted and is signed and sealedunder and by the authority of the following Resolution adoptedby the Board of Directors of Argonaut Insurance Company:

RESOLVED, That the President, Senior Vice President,Vice President,Assistant Vice President; Secretary,Treasurerand eachof them hereby is authorizedto execute powersof attorney, and such authority can be executedby useof facsimile signature,which may be attestedor acknowledged by any officer or attorney, of the Company, qualifying the attorney or attorneysnamed in the given power of attorney, to executein behalf of, and acknowledge as theactanddeedof theArgonautInsuranceCompany,all bondundertakingsandcontractsof suretyship,andto affix thecorporatesealthereto." IN WITNESSWHEREOF,ArgonautInsuranceCompanyhascauseditsOfficialsealto behereuntoaffixedandthesepresentsto besignedby itsduly authorized officer on the 18th day of July, 2013. a........,,, Argonaut Insurance Company SURgbyca,
SEAL
t'
r
ak... isaa i , by:
n Vi
oe
Joshua C. Betz Senior Vice President

STATE OF TEXAS
COUNTY OF HARRIS SS:

Onthis 18thdayof July,2013A.D.,beforeme,aNotaryPublicof theStateof Texas,in andfor theCountyof Harris,dulycommissionedandqualified, cameTHE ABOVE OFFICER OFTHE COMPANY, to me personally known to be the individual and officer describedin, and who executedthe preceding instrument,andheacknowledgedthe,executionof same,andbeingby meduly sworn,deposedandsaidthatheistheofficerof thesaidCompanyaforesaid, and that the seal affixed to preceding instrument is the Corporate Sealof said Company, and the said CorporateSealand his signatureasofficer were duly affixed and subscribedto the said instrument by the authority and direction of the said corporation, and that Resolution adoptedby the Board of Directorsof saidCompany,referredto in theprecedinginstrumentisnowin force.

IN TESTIMONYWHEREOF,I havehereuntosetmyhand,andaffixedmyOfficial SealattheCountyof Harris,thedayandyearfirstabovewritten.

4. FhUJ n rY` e iVa
KL_____

ATHLEEN M MEEKS

NOTARYPUBUC

STATE OF TEXAS
MY COMM. EXP 07- 152017
Notary Public)
I, the undersignedOfficer of the Argonaut InsuranceCompany, Illinois Corporation, do hereby certify that the original POWER OF ATTORNEY of which theforegoingis afull, trueandcorrectcopyisstill infull forceandeffectandhasnotbeenrevoked.

IN WITNESS WHEREOF, I have hereunto set my hand, and affixed the Seal of said Company, on the day of J:' cp
rF. n'-O,
i° SEAL; : <<) Acta t-- / 4- -
C 19484....

N.... .
4`
Sarah Heineman VP- Underwriting Surety
ees,,. .. a••...

THIS DOCUMENT IS NOT VALID UNLESS THE WORDS ARGO POWER OF ATTORNEY AND THE SERIAL NUMBER IN THE UPPER RIGHT HAND CORNER ARE IN BLUE, AND THE DOCUMENT IS ISSUED ON WATERMARKED PAPER. IF YOU HAVE QUESTIONS ON AUTHENTICITY OF THIS DOCUMENT CALL( 210) 321- 8400.

DocuSign Envelope ID: 72671061-4A9D- 4152-AF99-59673518202D Bond No.: SUR0043512
Contract No.: foie - 4Z, 2
Approved: 0/ / j' # ii

LABOR AND MATERIAL BOND
WHEREAS,theCityCounciloftheCityofChino,StateofCalifornia, hereinafterdesignatedas"CITY"and BMCHCALIFORNIA, LLC, hereinafterdesignatedas "PRINCIPAL," have enteredinto an agreementwhereby Principalagreestoinstallandcompletecertaindesignatedpublicimprovements,whichsaidagreement,dated_ 16 •/ 8 andidentifiedasTractNo. 18923,isherebyreferredto andmadea parthereof;and WHEREAS,underthetermsofsaidagreement,Principalisrequired,beforeenteringuponthe performance ofthework,to filea goodandsufficientpaymentbondwiththeCityofChinotosecuretheclaimstowhichreference ismadeinTitle15(commencingwithSection3082)ofPart4ofDivision3oftheCivilCodeoftheStateofCalifornia.

NOW,THEREFORE,saidPrincipalandthe undersigned, ascorporatesurety, are heldandfirmlybound untotheCityofChina, andallcontractors, subcontractors, laborers,materialmen, andotherpersonsemployedin theperformanceof theaforesaidagreementandreferredto intheaforesaidCodeof CivilProcedureinthesumof One Million Eighty Nine Thousand Two Hundred and 01100 Dollars($ 1,089, 200. 00) for materials furnished or labor thereonofanykind,orforamountsdueundertheUnemploymentInsuranceActwithrespecttosuchworkorlabor, thatsaidsuretywillpaythesameinanamountnotexceedingtheamounthereinabovesetforth, andalsoincase suit is brought upon this bond, will pay, in additionto the face amount thereof, costs and reasonable expenses and fees,includingreasonableattorneys'fees,incurredbyCityInsuccessfullyenforcingsuchobligation,tobeawarded andfixedbythe court,andto betaxedas costsandto beincludedintheJudgmentthereinrendered.

Ills hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.

Thesuretyherebystipulatesand agreesthat no change, extensionof time, alteration, or additionto the terms of the agreement or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition.

IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named, on
Bt __,..,_,.,_ ORNIA, LLC Argonaut Insurance Company
n, PAL SURETY
By: 8-yi
ay?
sham / J tkOa' 1 -• a•^ i Mona D. Weaver, Attorney- in-Fact D i{/is.ro'n.Qres;c([44 SIGNATURE(S)MUSTBENOTARIZED
Document No. 16354( PWFORMS\ BONDS- L& MUev. 05/ 2012)

Page 1 of 1 ends

t the
Countyof Harris, the dayand
year
first abovewritten.

4. FhUJ n rY`
e iVa KL_____ATHLEENM

MEEKS NOTARYPUBUC
STATEOF TEXAS MY COMM.EXP07- 152017 Notary Public) I, theundersignedOfficer of the ArgonautInsuranceCompany,Illinois Corporation,do herebycertify thattheoriginalPOWEROF ATTORNEYof whichthe foregoingis a full,true andcorrectcopyis still in full force andeffect and has not been revoked. IN WITNESSWHEREOF,I have hereunto set my hand,and affixedthe
Sealofsaid
Company,on the day of
J:' cprF.
n'-
O,
i° SEAL; : <<)Actat-- / 4- -
C 1948

4.... N.... . 4` Sarah HeinemanVP- UnderwritingSurety ees,,. .. a••... THISDOCUMENT IS NOT VALID UNLESS THEWORDSARGO

POWER OF ATTORNEY AND THESERIAL NUMBERIN THE UPPERRIGHT HANDCORNER ARE IN BLUE, AND THE DOCUMENT IS ISSUEDON WATERMARKED PAPER. IF YOU HAVE

CALIFORNIA ALL- PURPOSE

CERTIFICATE OF ACKNOWLEDGM ENT
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 documents.

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.

Z,4h C C 1 1
BRENDA C. BARBOZA
Signature: s Commission No. 2152410
oz
NOTARY PUBLIC- CALIFORNIA n

RIVERSIDE COUNTY
My Comm. Expires MAY 8, 2020
lion Eighty Nine ThousandTwo

State of Colorado
County of Denver
On 2017 before me, Sheila J. Montoya, Notary Public, personally appeared Mona D. Weaver, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in his/ her/ their authorized capacity( ies), and that by his/her/their signature( s) on the instrument the person( s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certifyunderPENALTYOFPERJURYunderthelawsoftheStateofColoradothatthe foregoing paragraph is true and correct.

WITNESS my hand and official seal.

NOTA
SHE/ LA J. NT®

RY PUBLIC
YA

STATE OF
Ado
Signntur: /.: MY c A, v8C1E484003It
CVEXPIRES02/27/2018
Sheila/ J. Mo oya
Comm.Expires
Argonaut Insurance Company
AS- 0103811
Deliveries Only: 225 W. Washington, 24th Floor
Chicago, IL 60606
United States Postal Service: P. O. Box 469011, San Antonio, TX 78246

POWER OF ATTORNEY
KNOWALL MEN BY THESEPRESENTS: ThattheArgonautInsuranceCompany,aCorporationdulyorganizedandexistingunderthelawsof theState of Illinois andhavingitsprincipalofficeintheCountyof Cook,Illinois doesherebynominate,constituteandappoint:

AnujJain,SheilaJ.Montoya,CharlesMcDaniel,MonaD.Weaver,AngelaM. Tindol,JanetM. Elwell,AngelaR.Yanofsky.ShaleenR.Lovitt Their true andlawful agent(s) and attorney(s)-in-fact, each in their separatecapacity if more than one is namedabove,to make, execute,seal and deliver for andonitsbehalfassurety,andasitsactanddeedanyandall bonds,contracts,agreementsof indemnityandotherundertakingsin suretyshipprovided, however, that the penal sum of any one such instrument executedhereundershall not exceedthe sum of:
75, 000, 000. 00
ThisPowerof Attorneyisgrantedandissignedandsealedunderandby theauthorityof thefollowingResolutionadoptedby theBoardof Directorsof Argonaut Insurance Company:

RESOLVED, That the President,Senior Vice President,Vice President,Assistant Vice President,Secretary,Treasurerand eachof them hereby is authorized to executepowers of attorney, and such authority canbe executedby useof facsimile signature,which may be attestedor acknowledged by any officer or attorney, of the Company, qualifying the attorney or attorneysnamed in the given power of attorney, to executein behalf of and acknowledge as theactanddeedof theArgonautInsuranceCompany,all bondundertakingsandcontractsof suretyship,andtoaffix thecorporatesealthereto." INWITNESSWHEREOF,ArgonautInsuranceCompanyhascauseditsofficialsealtobehereuntoaffixedandthesepresentstobesignedbyitsduly authorized officer on the 18th day of July, 2013. 00000.,,, Argonaut Insurance Company
IgiSEAL. 1›.%1
194s /.?: 1 by;
Joshua C. Betz, Senior Vice President

STATE OF TEXAS
COUNTY OF HARRIS SS:

Onthis 18thdayof July,2013A.D.,beforeme,a NotaryPublicoftheStateof Texas,in andfor theCountyof Harris,dulycommissionedandqualified, cameTHE ABOVE OFFICER OF THE COMPANY, to me personally known to be the individual and officer describedin, and who executedthe preceding instrument,andheacknowledgedtheexecutionof same,andbeingbymeduly sworn,deposedandsaidthatheis theofficerof thesaidCompanyaforesaid, and that the seal affixed to the preceding instrument is the Corporate Sealof said Company, and the saidCorporateSealand his signatureas officer were duly affixed and subscribedto the said instrument by the authority and direction of the said corporation, and that Resolution adopted by the Board of Directors of said Company, referred to in the preceding instrument is now in force.

IN TESTIMONY WHEREOF, I have hereunto set my hand, andaffixed my Official Seal at the County of Harris, the day and year first above written.

KATHLEEN M MEWS
ti- tu n
CO

NOTARY PUBLIC

STATE OF TEXAS
MY COMM. EXP 07- 15- 2017
Notary Public)
I, the undersignedOfficer of the Argonaut InsuranceCompany, Illinois Corporation, do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy is still in full force and effect and hasnot been revoked.

IN WITNESS WHEREOF, I have hereunto set my hand, and affixed the Seal of said Company, on the day of NSURAgc •.,
GoMoiiif.nO'
1948 :
t° SEAL :
s'.

CIN01: :

Sarah Heineman, rwVP-Underiting Surety

UEDON WATERMARKEDPAPER. IF

YOU HAVEQUESTIONSON AUTHENTICITYOF THIS DOCUMENT
DocuSign Envelope ID: BBF2F381- 63B7- 4BFF- ABF4- 132CB486412A Bond No.: SUR0043512
Contract No.: Zo S- Z Zg
Approved: / ( p// IT ? p- //

WARRANTY BOND
WHEREAS, the CityCouncilof the Cityof Chino, Stateof California, hereinafterdesignatedas CITY" and BMCH CALIFORNIA, LLC, hereinafter designated as ' PRINCIPAL," have entered into an agreementwhereby Principal has agreed to warrant and guarantee the installation, completion...,and maintenance of certain designated public improvements, which said agreement, dated 1./ IO•/ and identified as Tract No. 18923, is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the warranty of said improvements.

NOW, THEREFORE, we, the Principal, and Argonaut Insurance Company as surety, areheldandfirmlybounduntothe Cityof Chinoin thepenalsum of Two HundredSeventeen Thousand Eight Hundred and 0/ 100 Dollars ($ 217,800.00) lawful money of the United States, for the paymentof which sum well and truly to be made, we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that if the above bound Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and provisions in said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees including reasonable attorneys' fees, incurredbythe City in successfully enforcing such obligation,all to be taxed as costs and included in any Judgment rendered.

The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanyingthe same shall in any way affect its obligations on this bond, and it does hereby waive noticeof any such change, extension of time, alteration, or addition to the terms of the agreement or to the work or to the specifications.

INWITNESS WHEREOF,this instrumenthas been duly executed by Principal and Surety above named, on
BM CAL FORNIA, LLC Argonaut Insurance Company
PRI
CIPALt
RETYY
By: By: ' i/U b , i/upluA,v
4h4,,, Na. han 0 Mona D. Weaver, Attorney- in-Fact 4kgrP45roil

SIGNATURE( S) MUST BE NOTARIZED
Document No. 19808( PW FORMSIBONDS- Wananlylrev. 05/ 2012) Page 1 of 1 i- tu n CO NOTARYPUBLICSTATEOF TEXASMY COMM.EXP07- 15- 2017NotaryPublic) I, theundersigned
Officerof the
Argonaut
Insurance Company,
Illinois Corporation,do
herebycertify that the originalPOWER

OF ATTORNEY
ofwhichthe foregoingis a full, true and correct copy is still in full forceand effect andhas notbeen revoked. IN WITNESSWHEREOF,I havehereuntoset my hand,and affixedthe Seal of said Company,on the day of NSURAgc •.,GoMoiiif. n O'1948 :t° SEAL :s'. CIN01: :Sarah Heineman, rwVP-UnderitingSuretyTHIS DOCUMENTIS NOT VALIDUNLESS THE

WORDSARGOPOWER
OF

ATTORNEYAND
THE
SERIAL

NUMBERIN THEUPPER RIGHT
HAND CORNER AREIN BLUE, AND THE DOCUMENTIS ISSUED ON WATERMARKEDPAPER.IF YOU HAVE QUESTIONSON AUTHENTICITY OF THIS DOCUMENTCALL( 210)321- 8400. UED ON WATERMARKEDPAPER. IF YOU HAVE QUESTIONSON AUTHENTICITYOF THIS DOCUMENT CALL(210) 321- 8400.

CALIFORNIA ALL- PURPOSE

CERTIFICATE OF ACKNOWLEDGM ENT
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 documents.

Icertify under Penaltyof Perjuryunderthe lawsof the Stateof Californiathat the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

BRENDAC. BARBOZAI
Commission No. 2152410
gSignature: & JI/( %/ &
j4
a
NOTARY PUBLIC- CAUFORNW ...

RIVERSIDE COUNTY
My Comm. Expires MAY 8, 2020
if
the abovebound
Principal, his or its
heirs,executors,

State of Colorado
County of Denver
On 2017 before me, Sheila J. Montoya, Notary Public, personally appeared Mona D. Weaver, who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/are subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in his/ her/ their authorized capacity( ies), and that by his/her/their signature( s) on the instrument the person( s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certifyunderPENALTYOFPERJURYunderthe lawsof theStateof Coloradothatthe foregoing paragraph is true and correct.

WITNESS my hand and official seal.

T
2018
JrAtt
p+'+ «
j p p p /
ap, ply
COLOR1Y s i b PG/ Il
V b7tY2Sign ur: u.:
7/
co,. ss€otu
Sheila1J. Mo oya
Argonaut Insurance Company
AS- 0103811
Deliveries Only: 225 W. Washington, 24th Floor
Chicago, IL 60606
United States Postal Service: P. O. Box 469011, San Antonio, TX 78246

POWER OF ATTORNEY
KNOWALLMENBYTHESEPRESENTS: ThattheArgonautInsuranceCompany,aCorporationdulyorganizedandexistingunderthelawsoftheState of Illinois andhavingitsprincipalofficein theCountyof Cook,Illinois doesherebynominate,constituteandappoint:

AnujJain,SheilaJ.Montoya,CharlesMcDaniel,MonaD. Weaver,AngelaM. Tindol,JanetM. Elwell,AngelaR.Yanofsky,ShaleenR.Lovitt Theirtrueandlawfulagent(s)andattorney(s)-in-fact,eachintheirseparatecapacityif morethanoneis namedabove,tomake,execute,sealanddeliverfor andonitsbehalfassurety,andasitsactanddeedanyandall bonds,contracts,agreementsof indemnityandotherundertakingsin suretyshipprovided, however, that the penal sum of any one such instrument executedhereundershall not exceedthe sum of:
75, 000, 000. 00
ThisPowerof Attorneyisgrantedandissignedandsealedunderandby theauthorityof thefollowingResolutionadoptedbytheBoardof Directorsof Argonaut InsuranceCompany:

RESOLVED,ThatthePresident,SeniorVicePresident,VicePresident,AssistantVicePresident,Secretary,Treasurerandeachofthemherebyis authorizedto executepowersof attorney,andsuchauthoritycanbeexecutedby useof facsimilesignature,whichmaybeattestedoracknowledgedbyany officerorattorney,of theCompany,qualifyingtheattorneyorattorneysnamedin thegivenpowerof attorney,toexecutein behalfof, andacknowledgeas theactanddeedoftheArgonautInsuranceCompany,allbondundertakingsandcontractsofsuretyship,andtoaffixthecorporatesealthereto." INWITNESSWHEREOF,ArgonautInsuranceCompanyhascauseditsofficialsealtobehereuntoaffixedandthesepresentstobesignedbyitsduly authorized officer on the 18th day of July, 2013. Argonaut Insurance Company t-ifeTY ->>
SSEAL.

Joshua C. Betz Senior Vice President

STATE OF TEXAS
COUNTY OF HARRIS SS:

Onthis18thdayofJuly,2013A.D.,beforeme,aNotaryPublicoftheStateof Texas,inandfortheCountyof Harris,dulycommissionedandqualified, cameTHEABOVEOFFICEROFTHECOMPANY,tomepersonallyknowntobetheindividualandofficerdescribedin,andwhoexecutedthepreceding instrument,andheacknowledgedthe;executionof same,andbeingby medulysworn,deposedandsaidthatheis theofficerof thesaidCompanyaforesaid, and that the sealaffixed to the preceding instrument is the Corporate Seal of said Company, and the said CorporateSealand his signatureas officer were duly affixedandsubscribedto thesaidinstrumentbytheauthorityanddirectionofthesaidcorporation,andthatResolutionadoptedbytheBoardof Directors of said Company, referred to in the preceding instrument is now in force.

IN TESTIMONYWHEREOF,I havehereuntosetmyhand,andaffixedmy Official SealattheCountyof Harris,thedayandyearfirstabovewritten.

KATHLEENMmewsFa tiun s-rn XYL1Jtn

NOTARY PUBLIC

STATE OF TEXAS
MY COMM. EXP, 07- 15- 2017
Notary Public)
I, the undersignedOfficer of the Argonaut InsuranceCompany, Illinois Corporation, do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a full, true andcorrect copy is still in full force and effect and hasnot beenrevoked.

IN WITNESS WHEREOF, I have hereunto set my hand, and affixed the Seal of said Company, on the day of uR, a '•,
SEAL• E w2a
sv, 194812i
SarahHeineman VP-Underwriting Surety

7. 11

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT
COUNCIL MEETING DATE: JANUARY 16, 2018
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: JOSE ALIRE, ASSISTANT CITY MANAGER/ PUBLIC WORKS SUBJECT: FINAL TRACT MAP AND ANNEXATION TO LANDSCAPE AND LIGHTING DISTRICT - TRACT MAP NO. 18923 ( BMCH CALIFORNIA, LLC).

RECOMMENDATION
1) Approve Tract Map No. 18923; 2) approve the Subdivision Improvement Agreement and securities; 3) approve the Engineer' s Report; 4) adopt Resolution No. 2018-005 ordering the annexation of Tract Map No. 18923 into the Landscape and Lighting District No. 2002- 1 Annexation/ Zone No. 77); and 5) authorize the City Manager to execute the necessary documents on behalf of the City.

FISCAL IMPACT
There is no direct fiscal impact to the City.

Revenue: Expenditure:

Transfer In: Transfer Out
CbNSEN ' O1 rte' t3AR Packet P0, 114';
sumof: 75,000,000. 00This Powerof
Attorney is grantedand is signed
and sealedunderand by the
authority
of
the
following
Resolutionadoptedby the
Boardof Directors
ofArgonautInsuranceCompany:RESOLVED,That the
President,SeniorVice President, Vice
President,
Assistant VicePresident,
Secretary, Treasurerand

7. 11
COUNCIL MEETING DATE: JANUARY 16, 2018
SUBJECT: FINAL TRACT MAP AND ANNEXATION TO LANDSCAPE AND LIGHTING DISTRICT - TRACT MAP NO. 18923 ( BMCH CALIFORNIA, LLC)
PAGE 2

BACKGROUND
Tract Map No. 18923 is presented by BMCH California LLC ( developer). The existing vacant parcel is approximately 11.6 acres and is generally located south of Schaefer Avenue, north of the Southern California Edison Easement, east of Fern Avenue and west of Euclid Avenue. The map will consist of 122 single- family detached condominium units for a single lot subdivision, and substantially conforms to Tentative Tract Map No. 18923, which was conditionally approved by the Planning Commission on July 20, 2015 ( Exhibit A).The conditions of approval for this tract map require the owner to annex the property into the City's Landscaping and Lighting District No. 2002- 1 for public street light maintenance only. The landscaping in the common areas and perimeter of the project shall be the responsibility of the HOA.

The developer will be required to relocate two existing street light poles with a double mast arm installation within the Fern Avenue median to accommodate a proposed driveway access to the Tract. These two streetlights are to be reinstalled per City standards and specifications. In addition, the developer will be required to construct seven streetlights along their project frontage on Euclid Avenue.

The developer will file an Engineer' s Report for annexation of the property to the City' s Landscape and Lighting District No. 2002- 1 ( Annexation/ Zone No. 77), under Resolution No. 2018- 005 for maintenance of both existing and proposed streetlights along their project frontage on Fern and Euclid Avenues.

ISSUES/ ANALYSIS
The requirements made at the time of the tentative map's approval have been met by the execution of the Subdivision Improvement Agreement, and by posting the necessary securities to guarantee the construction of public improvements. The City Attorney has reviewed and approved the Subdivision Improvement Agreement and respective securities.

The property owner has filed the required petition to annex into the City' s Landscape and Lighting District. The petition includes proposed streetlights along the project' s frontage on Euclid Avenue ( SR-83) and existing streetlights at the Fern Avenue median ( only those facing their property); within their project limits. In addition, the property owner has filed an assessment ballot in favor of annexation with the City Clerk. According to State law, if a petition to the City of Chino to undertake annexation proceedings, and an assessment ballot in favor of the proposed assessment are obtained from the owner of the property involved in the annexation, the City Council may complete the annexation by adopting a resolution annexing the project into the City' s Landscape and Lighting District No. 2002- 1 (Annexation/ Zone No. 77).

It is estimated that the annual assessment for this project will be $ 1442. 54 for the first year, or

11. 82 per unit. The actual assessment will be based on actual costs and the assessment amount is subject to change each year to account for maintenance and energy cost changes up to the annual Consumer Price Index ( CPI) for the region.

Attachments: Resolution No. 2018- 005
Subdivision Improvement Agreement
CONSENt CALENDA Packet l' g. 96
nois Corporation,do herebycertify
that the
originalPOWEROF ATTORNEYof whichthe foregoing is a full, trueand correctcopyis still in full force andeffect andhas notbeenrevoked. IN WITNESSWHEREOF,I havehereuntosetmy hand,and affixedthe Sealof said Company, on the day ofuR, a '•, SEAL• E w2a sv, 1948 12i Sarah HeinemanVP- UnderwritingSurety THIS DOCUMENTIS

NOTVALID

UNLESS THE WORDS

ARGO POWEROF

ATTORNEYAND THESERIAL NUMBER
IN THE UPPERRIGHTHAND CORNER ARE IN BLUE, AND THEDOCUMENT IS ISSUEDON WATERMARKEDPAPER.IF YOU HAVE QUESTIONSON AUTHENTICITYOF THIS DOCUMENTCALL( 210) 321-8400. IS ISSUED ON WATERMARKEDPAPER.IF YOU HAVE QUESTIONS ON AUTHENTICITYOF THIS DOCUMENTCALL( 210)321- 8400. UED ONWATERMARKEDPAPER. IF YOU

HAVE QUESTIONSON AUTHENTICITY OF THIS DOCUMENTCALL(

Chino City CouncilDecember 5, 2023

Chino City Council
December 5, 2023