Agenda packet — Chino City Council, February 6, 2024 (part 1 of 2)

Those persons wishing to speak on any item included on the agenda, or on any matter within the subject matter jurisdiction of the City Council, are invited fill out and submit to the City Clerk a “Request to Speak” form (name and address optional) which is available at the entrance to the City Council Chambers. Additionally, members of the public may submit electronic inquiries or comments by submitting emails to [email protected]
If you require a reasonable accommodation to participate in this meeting per your rights under the Americans with Disabilities Act or for any other reason, please contact the City Clerk’s Office (909) 334-3306, at least 48 hours prior to the advertised starting time of the meeting.

Any documents produced by the City and distributed to a majority of the City Council regarding any item on this agenda will be made available in the City Clerk ’s Office during normal business hours at City Hall located at 13220 Central Avenue, Chino. In addition, such documents will be posted on the City’s website at www.cityofchino.org

CHINO CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY, FEBRUARY 6, 2024

REGULAR MEETING
AGENDA
OPEN SESSION – 6:00 PM
_________________________________________________________________________________

ROLL CALL
Mayor Eunice M. Ulloa, Mayor Pro Tem Karen C. Comstock, Council Member Curtis Burton, Council Member Christopher Flores, Council Member Marc Lucio.

FLAG SALUTE

CEREMONIALS
Presentations
Business of the Month. Award of Business of the Month for February 2024 to The Patio.

Mayor’s Home Beautification Award. Award of Mayor’s Home Beautification Award for February 2024.

AGENDA ADDITIONS/REVISIONS

INFORMATION
Economic Development Report. Receive and File the Quarterly Economic Development Report.

My Chino. Presentation on the new My Chino "See It, Click It, Fix It" application.

College Park Update. Informational presentation and discussion regarding College Park Updates.
1 CHINO CITY COUNCIL
FEBRUARY 6, 2024 2

PUBLIC ANNOUNCEMENTS
This is the time and place for the Mayor to inform the public of all upcoming events and past occurrences of communitywide interest and concern.

PUBLIC COMMENTS
This is the time and place for the general public to address the City Council about subjects that do not appear elsewhere on the agenda. Due to Council policy and Brown Act requirements, action will not be taken on any issues not on the Agenda. Ordinance No. 97-08 (Chino Municipal Code Section 2.04.090) limits speakers to no more than five (5) minutes in which to address Council, except as provided under Government Code 54954.3(b)(2).

CONSENT CALENDAR
At this time, members of the public may present testimony as to why an item should be removed from the Consent Calendar for separate discussion. Unless a member of the public or City Council requests that an item be removed from the Consent Calendar, all items will be acted upon as a whole and by one vote. Items placed on the Consent Calendar represent routine expenditures and/or actions that support ongoing City operations.

1. Warrants. Approve expenses as audited and within budget for warrants 768835 to 769070, and Electronic Fund Transfers 518613E to 518688E, totaling $4,726,288.49.

2. Minutes. Regular Meeting Minutes for January 16, 2024 (All Members Present).

3. Elected City Officials’ Report Regarding Travel, Training, and Meetings. Receive and file the Elected City Officials’ Report reflecting City Council business related expenses incurred by the City.

4. Adoption of Ordinance No. 2024 -001. Adoption of Ordinance No. 2024 -001 amending the Eucalyptus Business Park Specific Plan (Second Reading).

ORDINANCE NO. 2024 -001 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

CHINO, CALIFORNIA, AMENDING THE EUCALYPTUS BUSINESS PARK SPECIFIC PLAN

TO ALLOW FOR COMMUNITY EDUCATION FOR MINORS TO BE A CONDITIONALLY

PERMITTED USE WITHIN THE COMMERCIAL OFFICE (C/O) LAND USE DESIGNATION

AND TO ESTABLISH OFF -STREET PARKING REQUIREMENTS FOR COMMUNITY EDUCATION FOR MINORS. PL23 -0057 (EUCALYPTUS BUSINESS PARK SPECIFIC PLAN AMENDMENT).

5. Adoption of Ordinance No. 2024 -002. Adoption of Ordinance No. 2024 -002 approving the Second Amendment to the Hillsborough Development Agreement (Second Reading).

ORDINANCE NO. 2024 -002 - AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF CHINO, CALIFORNIA, APPROVING THE SECOND AMENDMENT TO THE

DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF CHINO AND

HILLSBOROUGH PHASE III, LLC FOR THE DEVELOPMENT OF A SENIOR HOUSING

PROJECT

6. Chino Preserve Development Corporation - Subdivision Improvement Agreements for Tract Map Nos. 20446 and 20446 -1 (Block 3). Approve Subdivision Improvement Agreements and Securities with Chino Preserve Development Corporation for Tract Map No. 20446 & 20446 -1 generally located south of Legacy Park Street between East Preserve Loop and Chino Corona Road.
2 CHINO CITY COUNCIL
FEBRUARY 6, 2024 3

7. Final Acceptance of Public Improvements for Tract Map No. 20231 (Lot 11). Final Acceptance of Public Improvements for Tract Map No. 20231 (Lot 11), Lennar Homes of Californian, Inc., generally located south of Garden Park Street between West Preserve Loop and Main Street, north of Pine Avenue.

8. Amendment to Measure I Capital Improvement Plan for Fiscal Years 2023 -2027. Adopt Resolution No. 2024 -003 to amend Resolution No. 2022 -069 revising the Measure I Capital Improvement Plan for Fiscal Year 2023-2027.

9. Cooperation and Reimbursement Agreement Between the City of Chino and the City of Chino Hills for the Chino Hills Parkway Street Rehabilitation Project (R7231). Approve a Cooperative Agreement between the City of Chino and the City of Chino Hills to establish project cost sharing and reimbursement obligations for the design and construction of the Chino Hills Parkway Street Rehabilitation Project (R7231).

10. Award a Construction Contract: Central and Edison Avenues Sewer Main Line Repairs. Award a construction contract in the amount of $92,900 to Pipe Tec, Inc., for repairs of a sewer main line at the intersection of Central Avenue and Edison Avenue.

PUBLIC HEARING
Prior to the vote of the City Council, any member of the audience will have the opportunity to address Council on any items listed under Public Hearings. Council requests, but it is not required, that you state your name and address prior to making any remarks.

11. Amendment to the Approval of the 2021 -2029 Housing Element Update and Introduction of Ordinance No. 2024-003 (ZOA PL23-0133). Approve Resolution No. 2024-004 for the adoption of amendments to the City of Chino 2021 -2029 Housing Element required by the California Department of Housing and Community Development; and approve the introduction of Ordinance No. 2024-003.

Staff Report By: Michael Hitz, Principal Planner
RECOMMENDATION: 1) Conduct a public hearing; 2) approve Resolution No. 2024 -004 adopting an amendment to the City of Chino 2021 -2029 Housing Element, including any additional non -substantive revisions required by the California Department of Housing and Community Development (HCD); 3) approve the introduction of Ordinance No. 2024 -003, to be read by number and title only, and waive further reading of the Ordinance; and 4) authorize the City Manager to file all documents with HCD on behalf of the City.

ORDINANCE NO. 2024 -003 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING SECTIONS 20.04.030, 20.09.090, AND 20.21.340 OF

THE CHINO MUNICIPAL CODE REGARDING OVERLAY DISTRICTS FOR AFFORDABLE

HOUSING AND SENIOR HOUSING PROJECTS

NEW BUSINESS

12. Naming of Preserve Town Center Park Site. Approve "Glenn Duncan Town Center Park" as the name of the new park site to be part of the Town Center block project in The Preserve.

Staff Report By: Jeff Benson, Parks & Capital Projects Manager.

RECOMMENDATION: Adopt the name “Glenn Duncan Town Center Park” as the name of the new park set to be part of the Town Center block project in The Preserve. 3 CHINO CITY COUNCIL
FEBRUARY 6, 2024 4

13. Euclid Avenue Storm Drain Extension Line “I”. Award a Professional Services Agreement to Proactive Engineering Consultants Inc., Corona, CA for Design and Bid Support Services for the Euclid Avenue Storm Drain Extension Line “I”.

Staff Report By: Michele Hindersinn, Principal Engineer RECOMMENDATION: 1) Establish a new CIP project entitled “Euclid Avenue Storm Drain Extension Line “I” ; 2) appropriate $1,826,845 to the Storm Drain Fund (540) new project SD240, with a corresponding year end transfer from the reserves of the Fund 263 Preserve Storm Drainage Collection System Facilities Development Impact Fee (DIF); 3) award a Professional Services Agreement for $1,706,965 with Proactive Engineering Consultants Inc., Corona, CA for design and bid support services for Project SD240; 4) authorize the fee proposal for expenditures of up to $119,880 for project management services from Z&K Consultants Inc, Riverside, CA; and 5) authorize the City Manager to execute all necessary documents on behalf of the City.

14. Award of Contract - Yorba Avenue Street Improvements Project (ST233) and Local Street Rehabilitation FY2024 Project (ST241). Award of construction contract to Hardy & Harper and Professional Services Agreement for geotechnical services to GeoTek Inc. in connection to Project ST233 and ST241.

Staff Report By: Michele Hindersinn, Principal Engineer RECOMMENDATION: 1) Appropriate $1,021,174 to the Transportation Fund 320 for Project (ST233) Yorba Ave Street Improvements, with two corresponding year end transfers from the reserves of these two funds; General Fund 100 for $981,174 and Fund 220 Bridges/Signals/Thoroughfare for $40,000, for a revised project budget of $1,471,174; 2) appropriate $449,040 to the Transportation Fund 320 for Project (ST241) Local Street Rehabilitation FY2024, with a corresponding year end transfer from the reserves of the General Fund, for a revised project budget of $2,886,040; 3) award a construction contract to Hardy & Harper, Inc., Lake Forest, CA, for the Yorba Avenue Street Improvements Project (ST233) and the Local Street Rehabilitation Fiscal Year 2024 Project (ST241) for an amount not to exceed $3,195,550 and authorize up to $319,555 (10% of the contract amount) for project contingencies; 4) award a professional services agreement to GeoTek Inc., Corona, CA, for geotechnical services for the Yorba Avenue Street Improvements Project (ST233) and the Local Street Rehabilitation Fiscal Year 2024 Project (ST241) for an amount not to exceed $53,826; 5) authorize expenditures of up to $160,260 for construction management services, and $10,000 for overtime inspection costs for the Yorba Avenue Street Improvements Project (ST233) and the Local Street Rehabilitation Fiscal Year 2024 Project (ST241); and 6) authorize the City Manager to execute the necessary documents on behalf of the City.

MAYOR AND COUNCIL REPORTS
This is the time and place for the Mayor and Council Members to report on prescheduled Council Committee Assignment Meetings that were held since the last Regular Council Meeting, and any other items of interest. Upon request by an individual Council Member, the City Council may choose to take action on any of the subject matters listed below.

Mayor Ulloa
Mayor Pro Tem Comstock
Council Member Burton

15. Community Support Fund - Council Member Burton. Approve community support fund contribution to the Chino Kiwanis Club and Chino Police Officers' Foundation. 4 CHINO CITY COUNCIL
FEBRUARY 6, 2024 5
Staff Report By: Council Member Burton
RECOMMENDATION: Approve community support fund contribution of $250 to Chino Kiwanis Club and $500 to Chino Police Officers’ Foundation.

Council Member Flores

16. Community Support Fund - Council Member Flores. Approve community support fund contribution to the Chino Kiwanis Club and Chino National Little League.

Staff Report By: Council Member Flores
RECOMMENDATION: Approve community support fund contribution of $500 to Chino Kiwanis Club and $500 to Chino National Little League.

Council Member Lucio

17. Community Support Fund - Council Member Lucio. Approve community support fund contribution to Boy Scouts of America Troop 201, Chino American Little League, Chino AYSO Region 67, Chino Girls Fastpitch Softball, Chino High School Wrestling Program, Chino Hills Pony, and Chino National Little League.

Staff Report By: Council Member Lucio
RECOMMENDATION: Approve community support fund contributions to: Boy Scouts of America Troop 201 ($500), Chino American Little League ($500), Chino AYSO Region 67 ($500), Chino Girls Fastpitch Softball ($500), Chino High School Wrestling Program (Chino High School Sports Booster Club) ($1,000 ), Chino Hills PONY Baseball ($500), and Chino National Little League ($500).

City Manager's Report
City Attorney's Report
Police Chief's Report
Fire Chief's Report

ADJOURN
The next Regular Meeting of the City Council will be held on Tuesday, February 20, 2024 at 6:00 p.m. (Closed Session no earlier than 4:00 p.m. if necessary) in these Council Chambers.

I, Natalie Gonzaga, City Clerk of the City of Chino, hereby declare that on Thursday, February 1, 2024 this agenda was posted on the south window of Chino City Hall and this agenda together with all of the agenda reports and related documents were posted on the City’s website at www.cityofchino.org by myself or under my direction.
_______________________________________
Natalie Gonzaga, City Clerk.
5 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: FEBRUARY 6, 2024

TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: LINDA REICH, CITY MANAGER

SUBJECT
..titl e
Award of Business of the Month for February 2024.
..end
..body

6 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: FEBRUARY 6, 2024

TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: EUNICE M. ULLOA, MAYOR

SUBJECT
..titl e
Award of Mayor’s Home Beautification Award for February 2024. ..end
..body

7 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: FEBRUARY 6, 2024

TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: LINDA REICH, CITY MANAGER

SUBJECT
..titl e
Receive and File the Quarterly Economic Development Report. ..end
..body

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
 Positive City Image
 Superior Customer Service
 Financial Stability
 Responsible Long-Range Planning
 Exemplary Leadership
 Public Service Excellence through Internal and External Partnerships

8 9
10 11
12 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: FEBRUARY 6, 2024

TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: LINDA REICH, CITY MANAGER

SUBJECT
..titl e
My Chino Presentation.
..end
..body

13 MEMORANDUM

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

CITY COUNCIL MEETING DATE: FEBRUARY 6, 2024

TO: LINDA REICH, CITY MANAGER
FROM: WARREN MORELION, AICP, DIRECTOR OF DEVELOPMENT SERVICES

SUBJECT
..titl e
College Park Update.
..end
..body

RECOMMENDATION
Receive a report and provide feedback to staff regarding the College Park Development. ..recommendation
..body

FISCAL IMPACT
There is no financial impact associated with this discussion.

14 CITY COUNCIL MEETING DATE: FEBRUARY 6, 2024
TITLE: COLLEGE PARK UPDATE.

PAGE: 2

BACKGROUND
The College Park Specific Plan was approved by the City Council on September 7, 2004. The Specific Plan is 710 acres in size and consists of a variety of land uses that include residential, institutional/school, mixed use, and open space/recreational uses. The community is completely developed with the exception of the build out of the Chaffey College campus, the mixed-use site at Oaks and Eucalyptus Avenues, a 10 -acre public elementary school site near the center of the community at the northeast corner of Mountain Avenue and Satterfield Way, and improvements to Edison Avenue.

The City Council has asked to have a discussion regarding the remaining development within College Park.

ISSUES/ANALYSIS
Chaffey College Campus:

The College is currently constructing a new two story 35,000 square foot instructional building on the Chino campus. The building has a contemporary design and will house a variety of instructional activities, including classrooms, library, resource center , and event space. The building is expected to be completed by the end of summer 2024. A representative from Chaffey College will give a presentation on the status of the project at the City Council meeting.

Mixed Use Site at Eucalyptus and Oaks:

The Campus at College Park development is located on 7.53 acres of land at the southeast corner of Oaks and Notre Dame Avenues. The development was approved by the Planning Commission on June 20, 2022, and consists of three two-story buildings totaling 50,630 square feet of commercial retail, office, and restaurant space, and one single story 27,000 square foot community church building. The project is currently in plan check and construction of the church and main commercial building are expected to begin in March and April 2024, respectively. Completion of the buildings is anticipated to occur by early 2025. The main commercial building will include eight restaurants and two retail spaces on the ground floor.

The second floor will be divided equally into office and restaurant space. To date, the developer has not shared any of the future tenant’s names.

Edison Avenue Improvements:

The College Park Development Agreement requires Lennar to construct Edison Avenue fronting Ayala Park between Central and Oaks. The improvements include widening the roadway, relocating overhead utilities, installing storm drain and recycled water lines, a nd traffic signals modifications as required. Lennar‘s contractor is in the process of installing landscape improvements in the median and parkway. This work is scheduled to be completed by the end of February. The Edison roadway will undergo its final sta ge of pavement rehabilitation this Spring after the City completes necessary sewer repairs at the Central and Edison intersection.

The contractor will then continue installing the remaining segment of Master Planned storm drain along Edison and Oaks after SCE completes the relocation of conflicting dry utilities. Then SCE will complete their relocation work this Spring. After the storm drain installation, the contractor will complete the remaining street improvements at the Edison and Oaks intersection and along Oaks from Edison to Freedom later this year.

Traffic Circle and Crosswalk Improvements:
15 CITY COUNCIL MEETING DATE: FEBRUARY 6, 2024
TITLE: COLLEGE PARK UPDATE.

PAGE: 3

The College Park roundabout has planned improvements which will include, new pedestrian curb ramps and crosswalks with pedestrian activated flashing beacons, new street lighting, landscape improvements, pavement rehabilitation, and signing and striping imp rovements. All improvements are aimed at improving the safe use of the roundabout for all users. This project is currently in the planning stages with the design expected to be completed later this year.

Traffic Signal Installation at Eucalyptus and Fern:

The new traffic signal at Fern and Eucalyptus Avenues is currently out to bid. The award of the construction is expected in March. Procurement of materials will require a 6-months lag. Once the materials are procured, the construction duration is approximately 6-8 weeks. The signal is planned to be completed before the end of 2024. Improvements at the intersection will include crosswalks across all three legs of the intersection providing direct access to Constellation Park.

SCE trail crossing Eucalyptus:

Currently, there is no trail crossing Eucalyptus at the Magnolia Channel within the SCE easement. The curvature of Eucalyptus Avenue combined with the roadway merging from two to four lanes in this area does not provide safe crossing conditions for pedestrians. The nearby Chaffey Avenue traffic signal provides a safe crossing for trail users , which is 400 feet away from the trail. Maintenance access for SCE and San Bernardino County Flood Control currently exists.

10-acre Public School Site:

The College Park Specific Plan is within the Chino Valley Unified School District (CVUSD) boundaries. At the time of approval of the Specific Plan, it was believed that an elementary school would be needed because of the number of residential units expected to be built in the community and the closest existing elementary school at the time was Howard Cattle Elementary School on Cypress Avenue, north of the community (and north of Edison Avenue).

However, it has been determined by CVUSD that a public elementary school will not be necessary in the community. Based on this determination, the master developer, Lennar Homes (Lennar), has been exploring alternative land uses on the site for the last few years, including charter and private schools, or adding additional residential units on the site.

The builder reached out to the community’s homeowners’ association (HOA) on a few occasions to get feedback on different residential proposals starting in 2020. The proposals staff is aware of include two multi-family proposals consisting of 172 units (approximately 17 dwelling units per acre) and 1 63 units (approximately 16 dwelling units per acre), a single-family paseo proposal consisting of 89 units (approximately nine dw elling units per acre) , and a more recent single-family proposal of 38 units (approximately four dwelling units per acre) . Staff was informed by Lennar that the residential proposals were not received well by the residents or the HOA. In addition, staff has been approached separately by individuals interested in establishing both charter and private schools on the site. Ultimately, none of the applicants moved forward with their school proposal.

Currently, the elementary school site has a Co llege Park Specific Plan Institutional (I) land use designation that does not permit residential development. The site is also restricted to elementary, K-6, public school only. To allow for residential development or a private school on the site, approval of an amendment to the College Park Specific Plan and General Plan would be required by the City Council. It is important to note that staff is currently working on a College Park Specific Plan Amendment , to provide more flexibility for development of the 10 -acre 16 CITY COUNCIL MEETING DATE: FEBRUARY 6, 2024
TITLE: COLLEGE PARK UPDATE.

PAGE: 4

elementary school site, staff is proposing to amend the allowed uses in the Institutional land use designation for the site to also allow for private school and park uses. If approved by the City Council, it would allow a private school and/or a park in addition to a public school to be developed on the site. There are no changes proposed by staff at this time that will include the allowances for residential uses on the site.

17 MEMORANDUM

CITY OF CHINO

FINANCE DEPARTMENT

CITY COUNCIL MEETING DATE: FEBRUARY 6, 2024

TO: LINDA REICH, CITY MANAGER
FROM: ROB BURNS, DIRECTOR OF FINANCE

SUBJECT
..titl e
Warrants.
..end

RECOMMENDATION
Approve expenses as audited and within budget for warrants 768835 to 769070, and Electronic Fund Transfers 518613E to 518688E, totaling $4,726,288.49. ..body

FISCAL IMPACT
Sufficient funds have been included in the Fiscal Year 23-24 Operating Budget.

Revenue:

Expenditure:

Transfer In: Transfer Out:
18 CITY COUNCIL MEETING DATE: FEBRUARY 6, 2024
TITLE: WARRANTS.

PAGE: 2

BACKGROUND
As prescribed by Government Code Sections 37202 and 37208, the following demand registers are herewith submitted for Council ratification:

NO. WARRANTS DATE FY AMOUNT

1. 768835 – 768941 1/4/24 23-24 $206,574.33

2. 768942 – 769070 1/11/24 23-24 $1,215,378.59

3. 518613E – 518642E 1/5/24 23-24 $1,403,174.84

4. 518643E – 518688E 1/12/24 23-24 $1,901,160.73
23-24
23-24
23-24

E: Electronic Fund Transfer
TOTAL $4,726,288.49

ISSUES/ANALYSIS
See attached exhibit for detailed information on warrants exceeding $50,000.

RB:hm
Attachment

19 Council Meeting 2/6/24

CITY OF CHINO
A/P Warrant Register Over $50,000

Check
Number
Check Date Vendor Name Description Amount
768878 01/04/2024 HUNTER CONSULTING, INC. PD GUN RANGE CLEANING SERVICE $58,420.00 518621 01/05/2024 CALGON CARBON CORPORATION WATER TREATMENT $55,841.60 518632 INLAND EMPIRE UTILITIES AGENCY RECYCLED WATER $1,196,048.61 518633 MERCHANTS LANDSCAPE SERVICES INC LANDSCAPE MAINTENANCE $50,413.02 768997 01/11/2024 HAZEN AND SAWYER WELLS 4 & 6 TREATMENT PROJECTS $61,913.05 769000 INTERNATIONAL LINE BUILDERS, INC. SIGNAL WIRING @ VARIOUS LOCATIONS $420,237.25 769002 LANDSCAPE WEST MANAGEMENT SERVICES,
INC.

LANDSCAPE MAINTENANCE $135,755.00
769052 SO CAL EDISON CO SERVICE PERIOD: 11/01-12/31 $247,091.64 518643 01/12/2024 10-8 RETROFIT INC RETROFITTING OF VEHICLES $56,285.30 518649 CALGON CARBON CORPORATION WATER TREATMENT $55,976.00 518652 CHINO VALLEY INDEPENDENT FIRE DISTRICT FIRE PROTECTION SERVICES-JANUARY $1,395,000.00 518653 ENGINEERING RESOURCES OF SOUTHERN
CA, INC.

PLAN CHECK SERVICES $76,624.16
518662 HUMANE SOCIETY OF POMONA VALLEY ANIMAL CONTROL SERVICES $53,157.50 518688 YUNEX LLC TRAFFIC SIGNAL MAINTENANCE $114,619.90

14 TOTAL $3,977,383.03

20 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: FEBRUARY 6, 2024

TO: LINDA REICH, CITY MANAGER
FROM: NATALIE GONZAGA, CITY CLERK

SUBJECT
..titl e
Regular Meeting Minutes for January 16, 2024 (All Members Present). ..end
..body

21 CHINO CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

REGULAR MEETING - CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY, JANUARY 16, 2024

MINUTES
CLOSED SESSION – 5:30 PM
OPEN SESSION – 6:00 PM
_________________________________________________________________________________

CALL TO ORDER
The January 16, 2024, Regular Meeting of the Chino City Council / Successor Agency to the Redevelopment Agency was called to order at 5:36 p.m. by Mayor Eunice M. Ulloa in the Council Chambers.

PRESENT: Mayor Eunice M. Ulloa, Mayor Pro Tem Karen C. Comstock, Council Member Curtis Burton, Council Member Christopher Flores, and Council Member Marc Lucio ABSENT: NONE.

CLOSED SESSION PUBLIC COMMENTS
There were no requests to speak.

CLOSED SESSION
City Attorney Fred Galante read into the record the item listed on the Closed Session agenda.

1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1): Harvey Allen II v. Chino Police Department, et al. (San Bernardino County Superior Court Case No. CIVDS2004426) The Council recessed to Closed Session at 5:37 p.m.

The City Council concluded Closed Session at 6:05 p.m. and reconvened the regular meeting at 6:07 p.m.

FLAG SALUTE
Chino Rotary Boy Scout Troop 201 led the assembly in reciting the Pledge of Allegiance.

CEREMONIALS
Business of the Month. Award of Business of the Month for January 2024 to Sektor Jiu-Jitsu.

Mayor Ulloa presented the Business of the Month Award for the month of January 2024 to Sektor Jiu-Jitsu. Sean Roberts of Sektor Jiu-Jitsu was present to accept the Award. 22 CHINO CITY COUNCIL
JANUARY 16, 2024 2
Mayor’s Home Beautification Award. Award of Mayor’s Home Beautification Award for January 2024.

Mayor Ulloa presented the Mayor's Home Beautification Award for the month of January 2024 to Ralph and Melinda Esposito of Chino who were present to accept the award.

REPORT OUT OF CLOSED SESSION
City Attorney Fred Galante reported out of closed session as follows:

1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
Pursuant to Government Code Section 54956.9 (d)(1): Harvey Allen II v. Chino Police Department, et al. (San Bernardino County Superior Court Case No. CIVDS2004426) The City Council received an update, provided direction, and no further reportable action was taken.

AGENDA ADDITIONS/REVISIONS
City Manager Linda Reich reported there were no additions or revisions to the agenda.

INFORMATION
Legislative Update. Receive and File the Legislative Update.

Mayor Ulloa announced the Legislative Update was included in the agenda packet.

PUBLIC ANNOUNCEMENTS
Mayor Ulloa issued a reminder about the following scheduled community events:

City Hall on the Move will take place at Stater Brothers on Riverside Drive on January 20 from 9:00 a.m. to 12:00 p.m. Residents may participate and speak directly with elected officials and City management to get insight on topics that are of interest.

Chilly Chino Snow Day will take place on January 27 at the Ayala Park Operations Center from 10:00 a.m. to 2:00 p.m. Residents were encouraged to register at www.cityofchino.org/chillychino.

Residents are invited to attend the Public Education Presentation on the upcoming tax initiative Measure V that is scheduled to take place at the Preserve Community Center located at 15800 Main Street at 6:00 p.m. on January 30. For more information visit www.cityofchino.org/measurev.

Mayor Ulloa sadly announced that the meeting will adjourn in memory of Chino Police Department Community Support Team Volunteer Gus Wybenga, who passed on December 24, 2023, at the age of 95. On behalf of the City Council, Mayor Ulloa sent prayers to the Wybenga family during this incredibly difficult time.

PUBLIC COMMENTS
Chaplain Joey Padilla of Chino Valley Fire District provided the invocation.

Melissa Compani, Representative for Forth District County Supervisor Curt Hagman, announced upcoming events hosted by Supervisor Hagman.

Julia Cabrera, Chino Valley Chamber of Commerce, provided an update on upcoming events 23 CHINO CITY COUNCIL
JANUARY 16, 2024 3
and programs.

Aaron Kelliher, Chino Police Officers Association, provided information on local Measure V, and announced the measure is strongly supported by the Chino Police Association, Chino Police Management Association, and the Chino Valley Professional Firefighters. Mr. Kelliher explained the Measure helps fund ongoing vital services provided by the City, and invited residents to visit www.cops4chino.com for additional information and learn how they can support the measure.

Sharon Duran, Chino resident, thanked the City Council for hosting the "City Hall on the Move" events and expressed her appreciation for local officials making themselves available to the public, being transparent, and answering questions. Ms. Duran encouraged residents to ask questions and become an informed voter.

CONSENT CALENDAR

1. Warrants. Approve expenses as audited and within budget for warrants 768512 to 768834, and Electronic Fund Transfers 518471E to 518612E, totaling $11,556,935.06.

2. Minutes. Regular Meeting Minutes for December 19, 2023 (All Members Present).

4. Unclaimed Property held by the City of Chino. Approve receipt of unclaimed monies in the amount of $3,641.44.

5. Purchase Order Approval - Outdoor Creations, Inc. Approve a purchase order in the amount of $150,317.72 to Outdoor Creations, Inc., Anderson, CA for a custom monument sign and park amenities for the Chino Rancho Park Development Project (G8201).

6. Master Contract Amendment - Chino Valley Unified School District. Approve a contract amendment to appropriate an additional $14,009.71 from the unappropriated reserves of the Community Services Fund to the Tobacco Use Prevention Education (TUPE) Master Contract with the Chino Valley Unified School District.

7. California Automated Permit Processing (CalAPP) Program Grant Funds. Accept and approve use of grant funds in the amount of $60,000 eligible for reimbursement under the CalAPP Grant related to SolarAPP+ online permitting platform implementation.

ITEM NO. 8 WAS PULLED FROM THE CONSENT CALENDAR

9. Maintenance Agreement In-N-Out Burgers - Site Approval PL7 -0044. Approve a maintenance agreement with In -N-Out Burgers for the continued operation and maintenance of perimeter streetlights, sidewalk, common area landscaping, and parkway areas on the southwest corner of Kimball Avenue and Quality Way.

10. Notice of Completion - Monte Vista Park Improvement Project - PK183. Accept the Monte Vista Park Improvement Project with Los Angeles Engineering Inc., Covina, CA, Contract No. 2023-156, as complete, authorize the Director of Public Works to file the Notice of Completion, and authorize the release of the retention funds.

ITEM NO. 11 WAS PULLED FROM THE CONSENT CALENDAR
Motion by Council Member Flores, seconded by Mayor Pro Tem Comstock, and carried on a 5-0 vote, to approve Consent Calendar items 1 -7 and 9-10 as presented, with items 8 and 11 pulled for separate action. The motion carried by the following vote:
24 CHINO CITY COUNCIL
JANUARY 16, 2024 4
AYES: ULLOA, COMSTOCK, BURTON, FLORES, AND LUCIO
NOES: NONE.

ABSENT: NONE.

ITEMS PULLED FROM THE CONSENT CALENDAR

8. CalHOME Program Grant Funding. Acceptance and approval of the use of 2023 CalHome Program Grant Funds/Updated Program Guidelines in the amount of $600,000 awarded by the California Department of Housing and Community Development (HCD).

Traci Smith, Senior Management Analyst, provided a report on the item, and announced the Development Services Department is accepting applications for the CalHome Program Grant Funds.

Mayor Ulloa explained the CalHome Program provide grant funds for residents who reside in mobile home parks.

Mayor Pro Tem Comstock inquired regarding outreach to the eligible communities and Ms.

Smith confirmed staff has provided the information to all mobile home communities in the City.

She also reported there is a strong interest in the program from residents.

Motion by Council Member Flores, seconded by Council Member Burton, to approve the CalHOME Program Grant Funding. The motion carried by the following vote:

AYES: ULLOA, COMSTOCK, BURTON, FLORES, AND LUCIO
NOES: NONE.

ABSENT: NONE.

11. Lennar Homes Settlement Agreement Second Addendum. Approve Addendum No. 2 to the Settlement Agreement with Lennar Homes for required improvements in the City of Chino.

Jesus Plasencia, Assistant City Engineer provided a report on the item, outlining the settlement agreement phases that lead to the second addendum with Lennar Homes for required improvements in the City of Chino, specifically traffic signals and traffic improvements.

Mayor Ulloa wanted residents to know that staff accomplished the settlement agreement as promised to fulfill total compliance for the construction of road improvements. Mayor Ulloa requested staff to track the funding for the agreement.

Motion by Council Member Lucio, seconded by Council Member Flores, to approve the Lennar Homes Settlement Agreement Second Addendum. The motion carried by the following vote:

AYES: ULLOA, COMSTOCK, BURTON, FLORES, AND LUCIO
NOES: NONE.

ABSENT: NONE.
25 CHINO CITY COUNCIL
JANUARY 16, 2024 5

PUBLIC HEARINGS

12. Eucalyptus Business Park Specific Plan (EBPSP) Amendment (PL23-0057). EBPSP Land Use Matrix Amendment to allow community education for minors as a conditionally permitted use within the Commercial Office (C/O) land use designation.

Staff Report By: Kim Le, Associate Planner
RECOMMENDATION: Conduct a public hearing and approve the Introduction of Ordinance No. 2024-001, adopting PL23 -0057 Eucalyptus Business Park Specific Plan Amendment to allow community education for minors as a conditionally permitted use in the Commercial Office (C/O) land use designation and to establish the required off -street parking requirements, to be read by number and title only and waive further reading of the Ordinance.

ORDINANCE NO. 2024 -001 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

CHINO, CALIFORNIA, AMENDING THE EUCALYPTUS BUSINESS PARK SPECIFIC PLAN

TO ALLOW FOR COMMUNITY EDUCATION FOR MINORS TO BE A CONDITIONALLY

PERMITTED USE WITHIN THE COMMERCIAL OFFICE (C/O) LAND USE DESIGNATION

AND TO ESTABLISH OFF -STREET PARKING REQUIREMENTS FOR COMMUNITY EDUCATION FOR MINORS. PL23 -0057 (EUCALYPTUS BUSINESS PARK SPECIFIC PLAN AMENDMENT).

Mayor Ulloa opened the Public Hearing.

Kim Le, Associate Planner provided a report on the item.

Claude Lamar, spoke in support of the proposed Eucalyptus Business Park Plan Amendment.

Hearing no requests to speak, Mayor Ulloa closed the Public Hearing.

City Attorney Galante read the Ordinance title into the record.

Motion by Council Member Flores, seconded by Council Member Burton, to Conduct a public hearing and approve the Introduction of Ordinance No. 2024 -001, adopting PL23-0057 Eucalyptus Business Park Specific Plan Amendment to allow community education for minors as a conditionally permitted use in the Commercial Office (C/O) land use designation and to establish the required off-street parking requirements, to be read by number and title only and waive further reading of the Ordinance.

The motion carried by the following vote:

AYES: ULLOA, COMSTOCK, BURTON, FLORES, AND LUCIO
NOES: NONE.

ABSENT: NONE.
26 CHINO CITY COUNCIL
JANUARY 16, 2024 6

13. Second Amendment to the Hillsborough Development Agreement. Conduct a public hearing to approve an amendment to the Development Agreement with Hillsborough Phase III, LLC.

Staff Report By: Fred Galante, City Attorney
RECOMMENDATION: Conduct a public hearing and approve the introduction of Ordinance No. 2024-002, approving a second amendment to the Development Agreement with Hillsborough Phase III, LLC, to be read by number and title only, and waive further reading of the Ordinance.

ORDINANCE NO. 2024 -002 - AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF CHINO, CALIFORNIA, APPROVING THE SECOND AMENDMENT TO THE

DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF CHINO AND

HILLSBOROUGH PHASE III, LLC FOR THE DEVELOPMENT OF A SENIOR HOUSING

PROJECT
Mayor Ulloa opened the Public Hearing.

Fred Galante, City Attorney provided a report on the item.

Hearing no requests to speak, Mayor Ulloa closed the Public Hearing.

City Attorney Galante read the Ordinance title into the record and identified a typo in the Ordinance, noting the first whereas clause reference to the date on the first amendment to the development agreement was missing last digit on year that was approved on October 19, 2021.

Motion by Mayor Pro Tem Comstock, seconded by Council Member Burton, to Conduct a public hearing and approve the introduction of Ordinance No. 2024 -002, approving a second amendment to the Development Agreement with Hillsborough Phase III, LLC, to be read by number and title only, and waive further reading of the Ordinance.

The motion carried by the following vote:

AYES: ULLOA, COMSTOCK, BURTON, FLORES, AND LUCIO
NOES: NONE.

ABSENT: NONE.

14. Site Approval PL17-0082 - Annexation to the Lighting District No. 2002-1 (Annexation/Zone No. 88). Approve Resolution No. 2024 -001 ordering the annexation of PL17 -0082 into the Landscape and Lighting District No. 2002 -1 (Annexation/Zone No. 88) located at 14085 Magnolia Avenue.

Staff Report By: Jesus Plasencia, Assistant City Engineer RECOMMENDATION: 1) Conduct a public hearing; 2) approve Resolution No. 2024 -001 ordering the annexation of Landscape and Lighting District No. 2002 -1 (Annexation/Zone No. 88); and 3) authorize the City Manager to execute the necessary documents on behalf of the City.

Mayor Ulloa opened the Public Hearing.

Jesus Plasencia, Assistant City Engineer provided a report on the item.

Hearing no requests to speak, Mayor Ulloa closed the Public Hearing. 27 CHINO CITY COUNCIL
JANUARY 16, 2024 7
Motion by Mayor Pro Tem Comstock, seconded by Council Member Lucio, to 1) Conduct a public hearing; 2) approve Resolution No. 2024 -001 ordering the annexation of Landscape and Lighting District No. 2002 -1 (Annexation/Zone No. 88 ); and 3) authorize the City Manager to execute the necessary documents on behalf of the City. The motion carried by the following vote:

AYES: ULLOA, COMSTOCK, BURTON, FLORES, AND LUCIO
NOES: NONE.

ABSENT: NONE.

NEW BUSINESS

15. Review of Citywide Legislative Policy. Review Resolution 2024 -002 to approve the City of Chino Legislative Platform and Policy updates.

Staff Report By: Vivian Castro, Deputy City Manager
RECOMMENDATION: Adopt Resolution No. 2024 -002, approving a revised City of Chino Citywide Legislative Platform and Policy.

Vivian Castro, Deputy City Manager, provided a report on the item.

Mayor Pro Tem Comstock thanked staff for implementing the legislative policy revisions to help streamline the efforts to secure legislative advocacy for our community.

Council Member Flores thanked staff for the work on the legislative policy revisions and recommended the Mayor sign all letters relating to legislative matters.

Council Member Lucio expressed he was pleased with the staff report as presented and explained he understood the time constraints experienced by staff and Council and noted the Legislative and Policy Committee needs ample time to review proposed legislative bills that affect the City, and properly lobby for advocacy from legislators in Sacramento. He stated the proposed changes are needed to address the process to achieve effective advocacy for the bills that benefit the Chino community.

Mayor Ulloa concurred with Council Member Lucio and explained the proposed guidelines will assist staff to address legislative bills that are introduced at the last minute, and help streamline the process letters of advocacy are prepared by staff.

Council discussed updating the legislative policy further. Mayor Ulloa recommended the legislative policy revisions should include stronger language that supports increased law against crime, and once approved, she would like copies of the City of Chino Legislative Policy sent to all legislators.

Mayor Ulloa, with the consensus of the City Council, requested staff to incorporate the Council's recommendations and bring back to a City Council future meeting.

No action was taken on this item.
28 CHINO CITY COUNCIL
JANUARY 16, 2024 8

MAYOR AND COUNCIL REPORTS

16. Planning Commission Appointments. Approve appointments to the Planning Commission.

Staff Report By: Mayor Eunice M. Ulloa
RECOMMENDATION: Approve the re-appointment of Jimmy Alexandris and Steve Lewis; and appointment of Vincent Lopez to the Planning Commission.

Motion by Council Member Lucio, seconded by Council Member Burton, to Approve the re-appointment of Jimmy Alexandris and Steve Lewis; and appointment of Vincent Lopez to the Planning Commission. The motion carried by the following vote:

AYES: ULLOA, COMSTOCK, BURTON, FLORES, AND LUCIO
NOES: NONE.

ABSENT: NONE.

Mayor Ulloa directed the City Clerk to administer the Oath of Office to the new commissioners.

City Clerk Natalie Gonzaga administered the Oath of Office to Steve Lewis, Jimmy Alexandris, and Vincent Lopez.

Newly appointed Planning Commission Members Steve Lewis, Jimmy Alexandris, and Vincent Lopez thanked the City Council for their support and the opportunity to serve the Chino community.

Mayor Ulloa
Mayor Ulloa reported on the following meetings and events attended since the last meeting that included Lieutenant Mark Layton's Walk of Honor; Chino Desalter Authority Finance Authority meeting; Isaiah's Rock Christmas Toy and Food giveaway; Omnitrans Board of Directors meeting; San Bernardino County Transportation Authority’s Board of Directors meeting; Chino Desalter Authority Board of Directors meeting; Seniors Birthday Event for the month of January; Legislative Policy Committee meeting; meeting with the City Manager; Mayor's Prayer Breakfast; Measure V Public Education meeting with the Kiwanis Club; Omnitrans Administration and Finance Committee meeting; Southern California Water Coalition Executive Committee meeting; City Hall on the Move event held at Albertson's on Central Avenue; encouraged residents to attend the next City Hall on the Move event scheduled on Saturday, January 20th at Stater Bros on Riverside Drive.

Mayor Ulloa noted the recent newspaper article regarding the January 8th Measure V Public Education meeting was misleading and it failed to include other comments from residents which would have been beneficial for the public’s edification.

Mayor Ulloa confirmed Measure V will not be used for the Civic Center Master Plan, which some are claiming, and described the budget line -item tracking system that will be implemented to track expense activity.

Mayor Ulloa requested the College Park educational site to be added to the next City Council meeting for discussion.

Mayor Pro Tem Comstock
Mayor Pro Tem Comstock reported on the following meetings and events attended since the 29 CHINO CITY COUNCIL
JANUARY 16, 2024 9
last meeting that included the Measure V Public Educational Workshop that took place at the Chino Police Department on January 8 and encouraged residents to attend future educational workshops and get information to help with their voting decisions; attended the Legislative Policy Committee meeting and stressed why tracking legislation is important for the Chino community; attended the Chino Valley Fire Board meeting; Meeting with Council Member Flores and City Attorney Galante; Closed Session; Confirmed she will attend the upcoming City Hall on the Move events; and expressed her condolences to the Gus Wybenga family; and wished everyone a Happy New Year.

Council Member Burton
Council Member Burton reported on meetings and events attended since the last meeting that included the Planning Commission meeting; Lieutenant Mark Layton's Walk of Honor; Chino Police Santa's Sleigh ride; Chino Valley Chamber of Commerce Leadership Collaborative; City Hall on the Move event at Stater Bros on Schaefer Avenue; Measure V Public Educational Workshop meeting that took place at the Chino Police Department on January 8 and noted his disappointment on the recent newspaper article regarding the meeting and disagreed with the media’s perception of the meeting outcome. Council Member Burton explained the meeting mission was to provide information to educate residents so they have a good understanding of the City’s fiscal status so they can make an educated vote; He encouraged residents to ask questions about Measure V and affirmed the City Council is a proponent of providing educational information; attended a meeting with a business owner regarding Measure V; attended a meeting with a resident regarding Measure V; and attended a Cultural Arts Foundation meeting.

Council Member Flores
Council Member Flores reported on the following meetings and events attended since the last meeting that included Isaiah's Rock Christmas Toy and Food Giveaway; Kiwanis Play rehearsal; City Hall on the Move event at Albertson's on Central Avenue; and encouraged residents to participate in the upcoming Run for Russ 5K.

Council Member Lucio
Council Member Lucio reported on the following meetings and events attended since the last meeting that included a meeting with the Assistant City Manager; Consumer Electronics Show in Las Vegas focused on emergency preparedness products; City Manager meeting; announced two Measure V Public Educational Meetings will be held in District 3: Announced the College Park meeting to be held on January 23rd at 5:00 p.m. at the Clubhouse, and The Preserve Community Center meeting on January 30th at 6:00 p.m.; and noted there is common concern on the College Park school site and affirmed no discussion or agreement has taken placed between the Lennar Developer and the City of Chino to change the zone to add additional homes; he thanked residents who have participated in the City Hall on the Move events and encouraged residents to come out and learn the reasons why the measure will benefit various city services.

City Manager's Report
City Manager Reich had not report.

City Attorney's Report
City Attorney Galante had no report.
30 CHINO CITY COUNCIL
JANUARY 16, 2024 10
Police Chief's Report
Chief Mensen announced the Run for Russ 5K will take place on February 3, 2024; he thanked the City Council for honoring Gus Wybenga and expressed his condolences to the Wybenga family; and provided an update on the retail theft task force accomplishments.

Fire Chief's Report
Fire Chief Dave Williams announced the station groundbreaking is tentatively scheduled for April 18, 2024; he provided an update on County ambulance services.

ADJOURNED IN MEMORY OF GUS WYBENGA.

The meeting adjourned at 7:44 p.m. in memory of Gus Wybenga. The next Regular Meeting of the City Council will be held on Tuesday, February 6, 2024 at 6:00 p.m. (Closed Session no earlier than 4:00 p.m. if necessary) in these Council Chambers.

APPROVED AND ADOPTED THIS 6TH DAY OF FEBRUARY 2024.
________________________________
EUNICE M. ULLOA, MAYOR
________________________________

NATALIE GONZAGA, CITY CLERK
**************************************************
(These minutes are not official until signed.)
31 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: FEBRUARY 6, 2024

TO: LINDA REICH, CITY MANAGER
FROM: NATALIE GONZAGA, CITY CLERK

SUBJECT
..titl e
Elected City Officials’ Report Regarding Travel, Training, and Meetings.

..end

RECOMMENDATION
Receive and file the Elected City Officials’ Report reflecting City Council business related expenses incurred by the City.

..body

FISCAL IMPACT
Sufficient funding is available in the adopted Fiscal Year 2023-24 Operating Budget.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above furthers the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:

 Superior Customer Service
 Responsible Long-Range Planning
 Exemplary Leadership
 Public Service Excellence through Internal and External Partnerships

Revenue:

Expenditure: 1002000-43320
Transfer In: Transfer Out:
32 CITY COUNCIL MEETING DATE: FEBRUARY 6, 2024
TITLE: ELECTED CITY OFFICIALS’ REPORT REGARDING TRAVEL, TRAINING, AND MEETINGS.

PAGE: 2

BACKGROUND
In accordance with Government Code Sections 53232.2 and 53232.3, implementing Assembly Bill (AB) 1234 on January 1, 2006, the City adopted Resolution No. 2005 -093 establishing a Business-Related Expense Policy. On December 6, 2016, the City approved Resolution No. 2016-075 adopting the latest revisions to this policy. In addition to requiring local agenci es to adopt a business-related expense policy, AB 1234 requires that Elected Officials provide a brief report on meetings attended at the expense of the local agency at the next regular meeting of the legislative body.

ISSUES/ANALYSIS
In response to AB 1234, a report regarding Elected City Officials’ Travel, Training, and Meetings (Exhibit A) was created and is placed on the City Council Agenda Consent Calendar, as needed. The documents that pertain to the items listed on Exhibit A are available for publi c inspection at the City Clerk’s office located in City Hall at 13220 Central Avenue, Chino, CA.

Attachment – Exhibit A

33 Event Date Meeting Purpose
and Subject Matter
Location City Official
Attendees
January 26, 2024 Southern California
Water Coalition
Quarterly Luncheon
Riverside, CA Mayor Ulloa
Council Member
Flores
January 24 – 26,
2024
League of California
Cities Mayor and
Council Members
Academy
Monterey, CA Council Member
Burton

34 MEMORANDUM

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

CITY COUNCIL MEETING DATE: FEBRUARY 6, 2024

TO: LINDA REICH, CITY MANAGER
FROM: WARREN MORELION, AICP, DIRECTOR OF DEVELOPMENT SERVICES

SUBJECT
..titl e
Adoption of Ordinance No. 2024-001.
..end

RECOMMENDATION
Approve the adoption of Ordinance No. 202 4-001 on second reading, amending the Eucalyptus Business Park Specific Plan.
..body

FISCAL IMPACT
There is no fiscal impact.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above will further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
 Positive City Image

Revenue:

Expenditure:

Transfer In: Transfer Out:
35 CITY COUNCIL MEETING DATE: FEBRUARY 6, 2024
TITLE: ADOPTION OF ORDINANCE NO. 2024-001.

PAGE: 2

BACKGROUND
This matter was introduced on first reading by the Council at their January 16, 2024 meeting.

The ordinance will allow community education for minors as a conditionally permitted use in the Commercial Office (C/O) land use designation with the approval of a SCUP, which is consistent with how the use is permitted elsewhere in the city, thus providing a positive city image. The amendment will also establish the required off-street parking requirements.

Once adopted on second reading, the ordinance will go into effect thirty (30) days thereafter.

ISSUES/ANALYSIS
ORDINANCE NO. 2024-001:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA,

AMENDING THE EUCALYPTUS BUSINESS PARK SPECIFIC PLAN TO ALLOW FOR

COMMUNITY EDUCATION FOR MINORS TO BE A CON DITIONALLY PERMITTED USE

WITHIN THE COMMERCIAL OFFICE (C/O) LAND USE DESIGNATION AND TO ESTABLISH OFF-STREET PARKING REQUIREMENTS FOR COMMUNITY EDUCATION FOR MINORS.

PL23-0057 (EUCALYPTUS BUSINESS PARK SPECIFIC PLAN AMENDMENT).

Attachment – Ordinance 2024-001

36 ORDINANCE NO. 2024-001

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

CHINO, CALIFORNIA, AMENDING THE EUCALYPTUS

BUSINESS PARK SPECIFIC PLAN TO ALLOW FOR

COMMUNITY EDUCATION FOR MINORS TO BE A

CONDITIONALLY PERMITTED USE WITHIN THE

COMMERCIAL OFFICE (C/ O) LAND U SE D ESIGNATION AND

TO ESTABLISH OFF-STREET PARKING REQUIREMENTS FOR
COMMUNITY EDUCATION FOR MINORS. PL23-0057
(EUCALYPTUS BUSINESS PARK SPECIFIC PLAN
AMENDMENT).

The City Council of the City of Chino, California, does hereby ordain as follows:

Section 1. Table VI-A – Land Use Matrix of the Eucalyptus B usiness Park S pecific Plan (EBPSP) is hereby amended to allow for Community Education for Minors within the Civic Use Types section, as a conditionally permitted use in the Commercial Offi ce (C /O) land u se designation, to read as follows:

Table VI-A—Land Use Matrix
Land Use Types AM BP C CO M GI

Community Education: Typical activities include educational services provided by private and parochial institutions. Typical uses include elementary schools, junior high schools, high schools, junior colleges, and vocational and trade schools.

 Community education for minors   C C  

Section 2. Table VI-C – Off-Street Parking Space Requirements of the E BPSP is hereby amended to add off-street parking requirements for Community Education for Minors within the Civic Use Types section, to read as follows:

Table VI-C—Off-Street Parking Space Requirements
Use Minimum Required Off-
Street Parking
Maximum %
Compact
Spaces
Maximum %
Long-Term
Spaces
Notes

Community Education, Minors 2 spaces/classroom 25% 25%

Section 3. CEQA Findings. The City Council finds t hat this Ordinance is exempt from the California Environmental Quality Act ( CEQA) under CEQA Guidelines Section 15061(b)(3), Common Sense Exemption, in that it can be seen with certainty tha t there is no poss ibility for this action to have a s ignificant ef fect on the environment, and individual development applications will be reviewed under CEQA as they are proposed.

Section 4. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance, or the ap plication thereof to a ny person or circumstances, is, for an y reason, held in valid o r unco nstitutional by any court of competent jurisdic tion, s uch invalidity or 37 Ordinance No. 2024-001

Page 2 of 2 ends

unconstitutionality shall not affect any other p rovision or application, and to this end the provisions of this ordinance are declared to be severable. The City Council hereby declares that it would have adopte d this ordinance and each section, subsection, sentence, clause, phrase, part or portion t hereof, irr espective of the f act that any one or more sections, subsecti ons, sentences, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional.

Section 5. This Ordinance shall be in full force and effect thirt y (30) days after its second reading and adoption.

Section 6. Certification. The City Clerk of the City of Chino shall certify to the passage and adoption of this Ordinance and shall cause the same to b e published in the Chino Champion, a newspaper of gen eral circulation, within said City in acc ordance w ith the provisions of t he Government Code.

PASSED, APPROVED AND ADOPTED THIS 6TH DAY OF FEBRUARY 2024.

By:

EUNICE M. ULLOA, MAYOR

ATTEST:

By:

NATALIE GONZAGA, CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) §

CITY OF CHINO )

I, Natalie Gonzaga , City Cle rk o f the City of Chi no do h ereby certify that t he foregoing Ordinance of the City of Chino was duly adopted by the City Council at a regular meeting held on the 6th day of February 2024 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

By:

NATALIE GONZAGA, CITY CLERK
38 MEMORANDUM

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

CITY COUNCIL MEETING DATE: FEBRUARY 6, 2024

TO: LINDA REICH, CITY MANAGER
FROM: WARREN MORELION, AICP, DIRECTOR OF DEVELOPMENT SERVICES

SUBJECT
..titl e
Adoption of Ordinance No. 2024-002.
..end

RECOMMENDATION
Approve the adoption of Ordinance No. 202 4-002 on second reading, approving the Second Amendment to the Hillsborough Development Agreement.
..body

FISCAL IMPACT
There is no fiscal impact.

Revenue:

Expenditure:

Transfer In: Transfer Out:
39 CITY COUNCIL MEETING DATE: FEBRUARY 6, 2024
TITLE: ADOPTION OF ORDINANCE NO. 2024-002.

PAGE: 2

BACKGROUND
This matter was introduced on first reading by the Council at their January 16, 2024 meeting.

The ordinance will approve the Second Amendment to the Hillsborough Development Agreement, allowing the applicant to have until March 31, 2026 to complete constr uction of the expansion of the Hillsborough Senior Apartment Community, which will provide responsible long-range planning.

Once adopted on second reading, the ordinance will go into effect thirty (30) days thereafter.

ISSUES/ANALYSIS
ORDINANCE NO. 2024-002:

AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO,

CALIFORNIA, APPROVING THE SECOND AMENDMENT TO THE DEVELOPMENT

AGREEMENT BY AND BETWEEN THE CITY OF CHINO AND HILLSBOROUGH PHASE III, LLC FOR THE DEVELOPMENT OF A SENIOR HOUSING PROJECT.

Attachment – Ordinance 2024-002

40 01225.0018/607408.2
ORDINANCE NO. 2024-002

AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF CHINO, CALIFORNIA, APPROVING THE SECOND

AMENDMENT TO THE DEVELOPMENT AGREEMENT BY AND

BETWEEN THE CITY OF CHINO AND HILLSBOROUGH PHASE

III, LLC FOR THE DEVELOPMENT OF A SENIOR HOUSING

PROJECT

WHEREAS, Hillsborough Phase III, LLC (“Applicant”) has applied to amend the Development Agreement (“Development Agreement”) entered into by and between the City of Chino (“City”) and Applicant on November 5, 2019, and approved by the City pursuant to Ordinance No. 2019-019, as amended by that First Amendment to the Development Agreement (“First Amendment”) on or about October 19, 202 1, and approved by Ordinance No. 2021 -011 to allow Applicant to develop 1.42 acres of undeveloped real property generally located at 11918 Central Avenue in the City (“Site”), d irectly south of the Pacifica Senior Living Hillsborough development, which Site is owned by the Applicant; and

WHEREAS, the Development Agreement provides for the Applicant to develop the Site with a three -story, 62 -unit senior citizen apartment complex (which shall be age -restricted to persons of age 55 or older), with certain units reserved for affordable housing, together with associated parking (“Project”); and

WHEREAS, the First Amendment requires the Applicant to complete development of the Project by March 31, 2024;

WHEREAS, for nearly two years, Property Owner’s Director of Construction was facing medical issues . As a foundational part of the Property Owner’s business and, without his guidance, this Project was unable to move forward without the Director of Construction and, as a result, the Applicant applied for an additional amendment to the Development Agreement (“Second Amendment”) to extend the time required for completion of the Project to March 31, 2026;

WHEREAS, in showing its commitment to move forward, Property Owner has hired a new Director of Construction to allow the Project to move forward with the original Director serving in a consulting capacity as his health improves;

WHEREAS, as part of the proposed Second Amendment, a copy of which is attached hereto as Exhibit “A” , the Applicant also applied to extend the timeline for construction and effectiveness of the Site Approval (PL16 -0357) entitlement for the Project for three years to be consistent with the Second Amendment timeline and requests that the City delay the Applicant’s obligation to pay City-imposed development impact fees under CMC Chapter 3.40;

WHEREAS, Chino Municipal Code section 20.23.070 (“Development Agreement Ordinance”) and Sections 65864-65859.5 of the Government Code authorize the City to enter into development agreements and amendments thereto with any person having a legal or equitable interest in real property and require the planning agency of the City to find the proposed development agreement to be consiste nt with the policies and programs of the City’s General Plan and the applicable Central Avenue Specific Plan (“CASP”); and

WHEREAS, the Site is subject to Measure U, approved by the voters of the City in 2001, which was adopted in order to allow for the development of senior housing, and which provides 41 ORDINANCE NO. 2024-002

Page 2 of 5 ends

01225.0018/607408.2

for the automatic re -zoning of the Site from Commercial General to Residential (RD -20) uses provided that the Developer enters into a development agreement with the City in order to ensure any impacts from the development are ameliorated; and

WHEREAS, the City Attorney has prepared, and the Applicant has reviewed and concurred with, the terms and conditions of the Second Amendment, which Second Amendment will benefit the City by providing additional low -income housing facilities within the City, and ensure a desirable, attractive, and functional community environment for residents; and

WHEREAS, on December 20, 2023, the Planning Commission held a duly noticed public hearing for the proposed recommendation of the Second Amendment and extension to Site Approval PL16 -0357 in compliance with State law, including compliance with the relevant provisions of the California Government Code and Chino Municipal Code, entertained the written and oral report of staff, and took public testimony on the Project, and, by a vote of 6 -0, adopted Resolution No. PC2023 -031 recommending to the City Council approval of the Second Amendment and Resolution No. PC2023 -032 approving the extension of time for Site Approval PL16-0357, and

WHEREAS, the extension of time for Site Approval PL16 -0357 and Second Amendment are deemed to be categorically exempt from the requirements of the California Environmental Quality Act (California Public Resources Code Section 21000 et seq.) ("CEQA"), which exempts infill projects when the project is compatible with the General Plan land use designation and zoning regulations, is no more than five acres substantially surrounded by urban uses, and is devoid of habitat for biological resources. Further, the Project site has no value as habitat for endangered, rare, or threatened species, is served by public utilities and services, and there are no impacts to traffic noise, air quality or water quality, and therefore, no further environmental review is required under CEQA; and

WHEREAS, pursuant to California Government Code Sections 65867 and 65090, the City on January 6, 2024, published a legal notice indicating the public hearing to be held by the City Council on January 16, 2024;

WHEREAS, January 16, 2024, the City Council held a duly -noticed public hearing to consider the Second Amendment, and considered the recommendation of the Planning Commission and the evidence, testimony, and arguments submitted by City staff, the Developer, and all interested parties; and

WHEREAS, City Council finds and determines that all actions required of City precedent to approval of the Second Amendment by the City Council have been duly and regularly taken and all legal prerequisites of the adoption of this Ordinance have occurred.

WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. The above recitals are true and correct and are hereby incorporated into this Resolution as set forth herein.

Section 2 . The City Council of the City hereby finds that the findings it made pursuant to Ordinance No. 2019-019 that the Development Agreement is c onsistent with the General Plan, the CASP and the zoning code, and complies with the requirements of the Development 42 ORDINANCE NO. 2024-002

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Agreement Law and the City Development Agreement Ordinance, remain true and correct. The City Council incorporates those findings in Ordinance No. 2019 -019 herein by this reference.

Additionally, the City Council finds that:

• Pursuant to Measure U, the Site was automatically re -zoned to RD20 uses upon the approval of the Development Agreement by the City Council, to allow for the development of this senior housing Project on the Site. The Project Site was specifically intended to provide for the development of senior housing under Measure U and the proposed Project implements the voters’ intent in adopting Measure U in 2001.

• The Development Agreement, with the Second Amendment, and the Project will implement the goals, objectives and policies of the City’s General Plan and the CASP, as modified by Measure U. For example, Objective LU -1.1, P4 of the General Plan states the City shall encourage the development of senior housing, which senior housing is to be provided by the Project. Additionally, the Project, also implements Objective LU 1 .1 and Goal HE -2 of the General Plan, by providing additional affordable housing and senior housing to meet the needs of the community, including 2 additional low -income units provided under the First Amendment. The Development Agreement, as amended, will help to serve the interests of Chino citizens and the public health, safety and welfare by providing for additional affordable housing and a substantial number of new senior housing units and will ensure the Project is developed with an enhanced architectu ral design to provide for a desirable, attractive, and functional community environment for residents.

• The Development Agreement and the Incentives granted for the Project for its provision of affordable housing, with the extension of the construction tim eline and additional affordable units provided under the Second Amendment, will result in the development of the Site at the intensity and density allowed under the General Plan and Measure U, consistent with the restrictions and development standards cont ained in the CASP and under the zoning code.

• The Project, with the extension of the construction timeline provided under the Second Amendment, will implement Goal ED-1 of the General Plan by providing for property taxes and other revenue above that antici pated for the existing land use (consisting of an undeveloped lot) and by generating construction employment and new permanent employment opportunities for City residents furthering the City’s economic development General Plan goals.

• The Project, with the extension of the construction timeline provided under the Second Amendment, will implement the Goals of the General Plan Vision Statement (Chapter 2 of the General Plan) by providing an environmentally responsible design, and will include a number of green building measures in order to meet LEED (Indoor Environmental Quality Design and Construction Guidelines), including, without limitation, retention basins to retain storm -water runoff, use of native and/or drought -tolerant plants, electric vehicle spaces and charging stations, solar charging on the building roof, efficient plumbing fixtures, renewable plan materials, and bike parking facilities.

• A periodic review will be conducted to monitor the implementation of the Development Agreement and to ensu re that the provisions of the Development Agreement, as amended, are consistent with the General Plan, CASP and CMC.

Section 3. Based upon all oral and written reports and presentations made by City staff and members of the public, including any attachments and exhibits and findings made under 43 ORDINANCE NO. 2024-002

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Ordinance No. 2019-019, the City Council hereby finds that the Project, as amended pursuant to the Second Amendment, is categorically exempt pursuant to Section 15332 from the requirements of the CEQA, which exempts infill projects when the project is compatible with the General Plan land use designation and zoning regulations, is no more than five acres substantially surrounded by urban uses, and is devoid of habitat for biological resources. Further, the Project site has no value as habitat for endangered, rare, or threatened species, is served by public utilities and services, and there are no impacts to traffic noise, air quality or water quality, and therefore, no further environmental review is required under CEQA.

Section 4. The City Council of the City hereby approves the Second Amendment to Development Agreement between the City and Hillsborough Phase III, LLC, a copy of which is attached hereto as Exhibit “A”, with any non -substantive changes or typographical or scrivener errors corrected by the City Manager, and authorizes the Mayor to sign the Second Amendment after it has been signed by the Developer.

Section 5. Pursuant to Government Code Section 65868.5, the City Clerk of the City shall record a copy of said Amendment with the County Recorder within 10 days after the Mayor’s signing of the Second Amendment.

Section 6. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such determination shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Chino declare that they would have enacted this Ordinance and each section, subsection, sentence, clause or phrase hereof irrespective of any determination of invalidity.

Section 7. This Ordinance shall take effect 30 days after its adoption.

Section 8 . The Mayor, City Manager, and City Clerk or their designees, are authorized and directed to take such actions and execute such documents and certifications as may be necessary to implement and affect execution, recordation and enforcement of this Ordinance and the Second Amendment.

Section 9. The City Clerk of the City of Chino shall certify to the passage and adoption of this Ordinance and shall cause the same to be published in a newspaper of general circulation, printed and published within the City of Chino in accordance with the provisions of the Government Code.

APPROVED AND ADOPTED THIS 6TH DAY OF FEBRUARY 2024.

By:

EUNICE M. ULLOA, MAYOR

ATTEST:

NATALIE GONZAGA, CITY CLERK
44 ORDINANCE NO. 2024-002

Page 5 of 5 ends

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State of California )
County of San Bernardino ) ss
City of Chino )

I, Natalie Gonzaga, City Clerk of the City of Chino, do hereby certify the foregoing Ordinance was duly adopted by the Chino City Council at a regular meeting held on the 6th day of February 2024, by the following votes:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

NATALIE GONZAGA, CITY CLERK

Attachment:

Exhibit A: Second Amendment to Development Agreement
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EXHIBIT A

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Chino
13320 Central Avenue
Chino, CA 91710
Attn: City Clerk

APN 1014-621-480-000 (Space Above For Recorder’s Use)
Exempt from recording fees pursuant to Govt Code 27383

SECOND AMENDMENT TO DEVELOPMENT AGREEMENT

This Second Amendment to Development Agreement (“ Amendment”) is made and entered into as of this day of , 2024, by and between HILLSBOROUGH PHASE III, LLC, a California limited liability company (" Property Owner"), and the CITY OF CHINO, a municipal corporation organized and existing under the laws of the State of California ("City"). Property Owner and City are sometimes individually referred to herein as a "Party" and jointly as the "Parties."

RECITALS

A. Property Owner owns that certain real property consisting of approximately

7.2 acres, located at 11902 and 11930 Central Avenue in City of Chino, California, as legally described in Exhibit A and graphically described on Exhibit B attached to the Development Agreement ("Hillsborough Property").

B. The City and Property Owner entered in to that certain Development Agreement dated November 5, 2019 with respect to the Hillsborough Property which was recorded on June 29, 2020 as Instrument No. 2020 -0215477 in the Official Records of San Bernardino County (“Development Agreement”).

C. Pursuant to the Development Agreement, the Property Owner is required to construct a three story, 62 -unit senior citizen apartment complex on the undeveloped portion of the Hillsborough Property (“ Project”) which was to be completed on or before March 31, 2021 (“Project Complete Date”).

D. Despite Property Owner’s best efforts, processing the plans for the Project in accordance with the Chino Municipal Code and the Development Agreement were materially affected by the impacts of the COVID-19 pandemic resulting in unanticipated delays in obtaining applicable approvals and, therefore, the Project was not completed by the Project Completion Date.

E. The Development Agreement incorporated the conditions of approval granted under Site Approval PL16 -0357 for the Project (“ Site Approval”). Condition No. 1.1 provided that the Site Approval would expire on October 7, 2020 if building permits were not obtained by that date (“Site Approval Expiration Date”).
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F. On September 20, 2021, following a duly noticed and conducted public hearing, the City’s Planning Commission approved Resolution No. PC2021 031, which recommended approval of modifications to the Development Agreement (“First Amendment No. 1”) so that the Development Plan, as defined therein, would now allow (i) the construction and completion of the Project by March 31, 2024, and (ii) reservation of another two (2) units affordable to low-income households so that a total of eight (8) units shall be made affordable for low-income households.

G. On October 5, 2021, following a duly noticed and conducted public hearing, the City Council approved the introduction of Ordinance No. 2021 011 (“Ordinance”), and on October 19, 2021, adopted after a second reading, adopted the Ordinance approving and authorizing the execution of the First Amendment to modify the Development Agreement as specified above. The Ordinance includes the modifications to the Development Plan as approved herein.

H. As part of its approval of the First Amendment, as stated in the Ordinance, the City Council determined the Project to be exempt from the California Environmental Quality Act (CEQA) Guidelines pursuant to Section 15332, Infill Development Projects.

J. For the past 18 months, Property Owner’s Director of Construction, Zaven Hanessian, was facing medical issues . Zaven Hanessian has been a foundational part of the Property Owner’s business and, without his guidance, this Project was unable to move forward.

K. However, in showing its commitment to move forward, Property Owner has hired Tony Coppolino as its new Director of Construction, with Zaven Hanessian serving in a consulting role as his health improves, to allow the Project to move forward.

L. Therefore, City and Property Owner wish to enter into this Second Amendment to update the Site Approval Expiration Date and extend the Project construction and completion date.

AGREEMENT

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:

1. Recitals. The Parties find that the above recitals are true and correct and incorporates them herein.

2. Effective Date . This Amendment shall be effective upon recordation in the Official Records of San Bernardino County (“Effective Date”).

3. Defined Terms. Except as otherwise defined in this Amendment, all defined terms shall have the same meaning as set forth in the Development Agreement and the First Amendment to the Development Agreement approved on October 5, 2021. All references to “Agreement” shall mean the original Development Agreement and the First Amendment as amended by this Amendment.

4. Representations and Warranties. As of the Effective Date, Property Owner represents and warrants to the City that (i) it owns the Hillsborough Property which is not subject to any deeds of trusts or mortgages; (ii) has the right enter into this Amendment without the 47 -3-
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consent of any third party; and (iii) this Amendment is binding on Property Owner and the Hillsborough Property.

5. Term. Section 4 of the First Amendment to the Development Agreement is amended as set forth below (additions shown in bold italics, deletions shown in strikethrough):

“4. Term of this Agreement . The term of this Agreement shall commence upon the Effective Date and shall expire twenty (20) years thereafter, unless sooner terminated or extended by the mutual consent of the part ies or as otherwise provided herein. Unless this Agreement is extended beyond its twenty (20) year term, or terminated earlier pursuant hereto, it shall terminate upon the expiration of such term, and all rights and duties created by this Agreement in favor of any party shall be extinguished on the date of such termination except for the provisions of this Agreement that expressly survive such termination, any outstanding obligations of the parties hereunder not previously satisfied, and any unexpired Approvals.

Notwithstanding anything to the contrary herein, the parties acknowledge and agree that (i) the Project will be constructed and completed by March 31, 2026 March 31, 2024, and (ii) the affordability and age restrictions set forth in the Approvals, Conditions of Approval, and the Covenant Agreement attached hereto as Exhibit F shall remain in effect and be a continuing obligation binding on Property Owner and its successors and assigns for a period of fifty -five (55) years following the completion of construction of the Project.”

6. Conditions of Approval. The Conditions of Approval (Exhibit C) Section 1.1, is amended as set forth below (additions shown in bold italics, deletions shown in strikethrough):

Section 1.1 is amended in its entirely to read as follows:

“1.1. The above referenced Site Approval shall expire on October 7, 2024 October 7, 2023, if building permits are not obtained. The expiration date may be extended upon written request by the applicant on a City application form. The request must be received by the Director of Development Services at least 30 days prior to expiration of the application.”

7. Conflict. Except as otherwise provided in this Amendment, the terms of the Agreement and the First Amendment shall remain in full force and effect. In case of any inconsistency between this Amendment and the Agreement and the First Amendment, the provisions containing such inconsistency shall first be reconciled with one another to the maximum extent possible, and then to the extent of any remaining inconsistency, the terms of this Amendment shall control.

8. Successors and Assigns. This Amendment shall be binding upon and inure to the benefit of the Parties hereto and their successors and assigns, subject to any limitations on assignment set forth in the Agreement and the First Amendment. 48 -4-
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9. Authority. Each individual executing this Amendment on behalf of Property Owner represents and warrants that he or she has been duly authorized to do so by the entity on whose behalf he or she executes this Amendment and said entity will thereby be obligated to perform the terms of this Amendment.

10. Counterparts; Governing Law. This Amendment may be executed in several counterparts, each of which counterparts shall be deemed an original instrument and all of which together shall constitute a single agreement. This Amendment shall be governed by the laws of the State of California.

IN WITNESS WHEREOF, the Parties have executed this Second Amendment to the Development Agreement as of the date first set forth above.

Corporation

By:

Fred Galante, City Attorney
PROPERTY OWNER: CITY:

HILLSBOROUGH PHASE III, LLC,
a California limited liability company

By:

Vache Hanessian, Manager

By:

Linda Shirvanian, Manager

By:

Kosti Shirvanian, Manager
CITY OF CHINO, a Municipal

By:

Eunice M. Ulloa, Mayor

ATTEST:

Natalie Gonzaga, City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER LLC

49 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.
-1-
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State of California )
)
County of )

On , before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
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 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.

Signature (Seal)
50 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.
-1-
01225.0018/930215.2
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State of California )
)
County of )

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.

Signature (Seal)
51 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.
-1-
01225.0018/930215.2
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State of California )
)
County of )

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.

Signature (Seal)
52 -1-
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EXHIBIT A

Description of the Property

THE FOLLOWING REAL PROPERTY IN THE CITY OF CHINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA:

PARCEL 2 OF PARCEL MAP NO. 9624, IN THE CITY OF CHINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 111 OF PARCEL MAPS, PAGE(S) 71 AND 72, RECORDS OF SAID COUNTY.

APN: 1014-621-480-000
53 MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: FEBRUARY 6, 2024

TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, PUBLIC WORKS DIRECTOR

SUBJECT
..titl e
Chino Preserve Development Corporation - Subdivision Improvement Agreements for Tract Map Nos. 20446 and 20446-1 (Block 3).
..end

RECOMMENDATION
1) Approve Final Tract Map Nos. 20446 and 20446 -1; 2) approve Subdivision Improvement Agreements and securities with Chino Preserve Development Corporation for Tract Map Nos. 20446 and 20446-1; and 3) authorize the City Manager to execute any necessary documents on behalf of the City.
..body

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

Revenue: Click or tap here to enter text.

Expenditure:

Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 54 CITY COUNCIL MEETING DATE: FEBRUARY 6, 2024
TITLE: CHINO PRESERVE DEVELOPMENT CORPORATION - SUBDIVISION IMPROVEMENT AGREEMENTS FOR TRACT MAP NOS. 20446 AND 20446-1 (BLOCK 3).

PAGE: 2

BACKGROUND
In 2008, the City’s Planning Commission approved an “A” level Master Site Approval and Tentative Tract Map No. 16420 to subdivide 522 acres of land generally located south of Pine Avenue, west of Hellman Avenue, and north and east of Chino Corona Road for what is known as the South of Pine area in The Preserve. The purpose of the original Master Site Approval was to establish large parcels, and phase major backbone street systems for both future residential and non-residential development within the master plan area.

On February 23, 2022, the City’s Planning Commission conditionally approved a Development Modification to the Master Site Approval and Tentative Tract Map No. 16420. The modification removed the phased development concept originally approved, divided the larger land area into smaller lots to be reconveyed for development, and established improvement areas for future development. It is important to note that the Developer modification also incorporated conditions of approval for improvements along Pine Avenue for associated developments within the larger project area to help facilitate needed improvements to the area.

Subsequently, on September 19, 2022, the City’s Planning Commission a pproved Master Site Approval PL21 -0045 and Tentative Tract Map No. 20446 to create 114 numbered lots and 7 lettered lots to accommodate 114 single -family homes (known as “Block 3”). This project is generally located on the north side of Chino Corona Road b etween Main Street and Legacy Park Street as shown in Exhibit A. Tract Map No. 16420 (as amended) will dedicate and require surety for portions of offsite improvements within the Tentative Tract Map No. 20446 area.

Furthermore, Tentative Tract Map No. 2044 6 is intended to be recorded in two phases. Each phase may be recorded independently of the other.

As a result, the City Council approved Chino Preserve Development Corporation’s Final Tract Map No.16420-5 on November 23, 2023, to subdivide 24.91 acres wit hin Block 3 as shown in Exhibit B. The developer is currently requesting that the City approve the Final Maps for Tract Map Nos. 20446 and 20446 -1 to subdivide the previously approved Tract Map No. 16420 -5 for the future development of a 10.78 -acre subdivi sion consisting of 55 single -family residential units (Tract Map No. 20446) and a 10.53 -acre subdivision consisting of 59 single -family residential units (Tract Map No 20446-1). These subdivisions are in the Low-Density Residential land use designation area of The Preserve within Block 3, as shown on Exhibit C and C-1.

The Engineering Conditions of Approval (COA) for Block 3 require public improvements including, but not limited to curb, gutter, sidewalk, streetlights, asphalt concrete pavement, median/parkway landscape, sewer, water, recycled water and drainage improvements. To guarantee the completion of these public improvements, the developer is required to enter into a Subdivision Improvement Agreement and obtain the necessary securities for the improvements.

ISSUES/ANALYSIS
The requirements made at the time of tentative map approval have been met by the execution of the Subdivision Improvement Agreements for Tract Map Nos. 20446 and 20446 -1 and by posting the necessary securities to guarantee the construction of public improvements conditioned for Block 3. The City Attorney reviewed and approved the Subdivision Improvement Agreements and respective securities, which are attached as Exhibit D and D-1. Therefore, staff recommends that City Council approve Final Tract Map Nos. 20446 and 20446-1.

Attachments: Exhibit A Location Map Master Site Approval PL21-0045 55 CITY COUNCIL MEETING DATE: FEBRUARY 6, 2024
TITLE: CHINO PRESERVE DEVELOPMENT CORPORATION - SUBDIVISION IMPROVEMENT AGREEMENTS FOR TRACT MAP NOS. 20446 AND 20446-1 (BLOCK 3).

PAGE: 3

Exhibit B Location Map Tract Map No. 16420-5
Exhibit C Location Map Tract Map No. 20446
Exhibit C-1 Location Map Tract Map No. 20446-1
Exhibit D Subdivision Improvement Agreement Tract Map No. 20446 Exhibit D-1 Subdivision Improvement Agreement Tract Map No. 20446-1

56 EXHIBIT A

LOCATION MAP
MSA / TTM 20446 BLOCK 3

Project Site
57 58
"C"
59 "C-1"
60 10-27-23

SUBDIVISION IMPROVEMENT AGREEMENT

by and between

CITY OF CHINO

and

CHINO PRESERVE DEVELOPMENT CORPORATION
61 10-27-23

SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN

THE CITY OF CHINO
AND

CHINO PRESERVE DEVELOPMENT CORPORATION

Agreement Date: February 6, 2024

Subdivider Name: Chino Preserve Development Corporation

Subdivision Description: 10.78-acre subdivision consisting of 55 single-family residential units generally located south of Legacy Park Street between East Preserve Loop and Chino Corona Road in the Low-Density Residential land use designation area of The Preserve within Block 3.

Tentative Map No.: 20446

Estimated Total Cost of Improvements: $2,142,100.00

Estimated Total Cost of Monumentation : $8,385.00 (based upon the plans, including individual lots, subdivision boundary and public improvements).

Security:

Bond No.: ____________________

Surety: ___________________

024268408
The Ohio Casualty Insurance Company
62 10-27-23
Designees for the Service of Written Notice:

CITY: SUBDIVIDER:

Jesus Plasencia
Assistant City Engineer

13220 Central Avenue
Chino, CA 91710

(909) 334-3417
[email protected]

Chino Preserve Development Corporation

c/o Darius Fatakia
Lewis Management Corporation
1156 N. Mountain Avenue
Upland, CA 91786

(909) 579-1229
[email protected]

CITY PROJECT INSPECTOR

Isaac Ortega
Permit & Inspection Supervisor

13220 Central Avenue
Chino, CA 91710

(909) 334-3501
[email protected]

63 10-27-23

TABLE OF CONTENTS

1. Construction Obligations

1.1 Works of Improvement

1.2 Other Obligations Referenced in Conditions of Tentative Map Approval

1.3 Intent of Plans

1.4 Survey Monuments

1.5 Performance of Work

1.6 Changes in the Work

1.7 Defective Work

1.8 No Warranty by City

1.9 Authority of the City Engineer

1.10 Documents Available at the Site

1.11 Inspection

1.12 Compliance with Law; Applicable Standards for Improvements

1.13 Suspension of Work

1.14 Erosion and Dust Control and Environmental Mitigation

1.15 Final Acceptance of Works of Improvement

1.16 Vesting of Ownership

1.17 Subdivider’s Obligation to Warn Public During Construction

1.18 Injury to Public Improvements, Public Property or Public Utility

2. Time for Performance

2.1 Commencement and Completion Dates

2.2 Phasing Requirements

2.3 Force Majeure

2.4 Continuous Work

2.5 Reversion to Acreage

3. Labor

3.1 Labor Standards

3.2 Nondiscrimination

3.3 Licensed Contractors

3.4 Workers’ Compensation

4. Security

4.1 Required Security

4.2 Form of Security Instruments

4.3 Subdivider’s Liability

4.4 Letters of Credit

4.5 Release of Security Instruments

5. Cost of Construction and Provision of Inspection Service 64 10-27-23

5.1 Subdivider Responsible for All Related Costs of Construction

5.2 Payment to City for Cost of Related Inspection and Engineering Services

5.3 Payment of Development Impact Fees

6. Acceptance of Offers of Dedication

7. Warranty of Work

8. Default

8.1 Default by Subdivider

8.2 Remedies

8.3 Remedies Not Exclusive

8.4 Attorney’s Fees and Costs

8.5 Waiver

9. Indemnity/Hold Harmless

10. Subdivider’s Indemnity of Project Approval

11. Insurance Requirements

12. Environmental Warranty

13. General Provisions

13.1 Successors and Assigns

13.2 No Third-Party Beneficiaries

13.3 No Vesting Rights

13.4 Subdivider is Not Agent of City

13.5 Time of the Essence

13.6 Notices

13.7 No Apportionment

13.8 Severability

13.9 Captions

13.10 Incorporation of Recitals

13.11 Interpretation

13.12 Entire Agreement; Waivers and Amendments

13.13 Counterparts

14. Authority

65 10-27-23
1 SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (this “Agreement”) is entered into this 6th day of February 2024, by and between the CITY OF CHINO, a municipal corporation, organized and existing in the County of San Bernardino, under and by virtue of the laws of the State of California, (“CITY”), and Chino Preserve Development Corporation , a California corporation (Subdivider”).

RECITALS
A. Subdivider is the owner of and has obtained approval of a subdivision map identified as Tentative Tract Map No. 20446, (the “Map”), located in the City of Chino, County of San Bernardino , State of California (the “Property”), as described on Exhibit “A”. The Map requires Subdivider to comply with certain conditions of approval for the development of the Property (the “Conditions”) as described on Exhibit “B”.

B. Pursuant to the Conditions, Subdivider, by the Map, has offered for dedication to City for public use of the streets and easements shown on the Map. City desires to accept the streets and easements shown on the Map for public use, and certain other improvements described in this Agreement.

C. Subdivider has delivered to City, and City has approved, plans and specifications and related documents for certain “Works of Improvement ” (as hereinafter defined) which are required to be constructed and installed in order to accommodate the development of the Property.

D. Subdivider’s agreement to construct and install the Works of Improvement pursuant to this Agreement and its offer of dedication of the streets, easements and other improvements and facilities, as shown on the Map, are a material consideration to City in approving Final Map No. 20446 for the Property and permitting development of the Property to proceed.

COVENANTS
Based upon the foregoing Recitals which are incorporated herein by reference and in consideration of City ’s approving the Map for the Property and permitting development of the Property to proceed, Subdivider agrees to timely perform all of its obligations as set forth herein.

1. Construction Obligations.

1.1. Works of Improvement . Subdivider agrees, at its sole cost and expense, to construct or install, or cause to be constructed or installed the street, drainage, domestic water, sanitary sewer, street lighting, landscaping, utility, and other improvements more fully described in Exhibit “B” attached hereto (the “Works of Improvement”), as the same may be supplemented and revised from time to time as set forth in this Agreement (said plans and specifications, together with all related documents, the “Plans”). The estimated construction cost for the Works of Improvement is $2,142,100.00.
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2 1.2. Other Obligations Referenced in Conditions of Tentative Map Approval. In addition to the foregoing, Subdivider shall satisfy all of the Conditions on the Map for the Property. The Conditions associated with the Map are included in Exhibit “B” attached hereto.

1.3. Intent of Plans. The intent of the Plans referenced in Section 1.1 is to prescribe a complete work of improvement which Subdivider shall perform or cause to be performed in a manner acceptable to the City Engineer, (or designee), and in full compliance with all codes and the terms of this Agreement. Subdivider shall complete a functional or operable improvement or facility, even though the Plans may not specifically call out all items of work required for Subdivider’s contractor to complete its tasks, incidental appurtenances, materials, and the like.

If any omissions are made or information necessary to carry out the full intent and meaning of the Plans, Subdivider or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the Plans, reference shall be made to the City Engineer whose decision thereon shall be final.

Subdivider recognizes that the Plan s consist of general drawings. All authorized alterations affecting the requirements and information given on the Plans shall be in writing and approved by the City Engineer. The Plans shall be supplemented by such working or shop drawings as are necessary to adequately control the wor k. Without the City Engineer ’s prior written approval, no change shall be made by Subdivider or its contractor to any plan, specification, or working or shop drawing after it has been stamped as approved.

1.4. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments as shown on Final Map No. 20446 in accordance with the provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City of Chino. Subdivider shall provide security for such obligation as provided in Section 4.1(a)(iii) and, after setting the monuments, Subdivider shall furnish the City Engineer written notice of the setting of said monuments and written proof of having paid the engi neer or surveyor for the setting of said monuments.

1.5. Performance of Work . Subdivider shall furnish or cause to be furnished all materials, labor, tools, equipment, utilities, transportation, and incidentals required to perform Subdivider’s obligations under this Agreement.

1.6. Changes in the Work. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Paragraph 4, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary by the City Engineer as determined necessary to accomplish the purposes of this Agreement and to protect the public health, safety, or welfare. The City Engineer shall notify Subdivider or its contractor in writing (by Correction Notice) at the time a determination has been made to require changes in the work. No field changes performed or proposed by Subdivider or its contractor shall be binding on City unless approved in writing by the City Engineer. The City and Subdivider may mutually agree upon changes to the Works of Improvement, subject to the security requirements in Section 4. 67 10-27-23
3 1.7. Defective Work. Subdivider shall cause its contractor to repair, reconstruct, replace, or otherwise make acceptable any work found by the City Engineer to be defective.

1.8. No Warranty by City. The Plans for the Works of Improvement have been prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no representation or warranty, express or implied, to Subdivider or to any other person regarding the adequacy of the Plans or related documents.

1.9. Authority of the City Engineer . In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to decide all questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Subdivider and its contractor.

1.10. Documents Available at the Site . Subdivider shall cause its contractor to keep a copy of all approved Plans at the job site and shall give access thereto to the City ’s inspectors and engineers at all times.

1.11. Inspection. Subdivider shall have an authorized representative on the job site at all times during which work is being done who has full authority to act for Subdivider, or its design engineer, and Subdivider’s contractor(s) regarding the Works of Improvement. Subdivider shall cause its contractor to furnish the City with every reasonable facility for ascertaining whether or not the Works of Improvement as performed are in accordance with the requirements and intent of this Agreement, including the Plans. If the City inspector requests it, the Subdivider’s contractor, at any time before acceptance of the Works of Improvement, shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected.

After examination, the Subdivider’s contractor shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City Engineer (or designee) shall not be considered as direct control of the individual workmen on the job s ite. City’s inspectors shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement.

The inspection of the work by City shall not relieve Subdivider or its contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted.

1.12. Compliance with Law; Applicable Standards for Improvements. In addition to the express provisions of this Agreement and the Plans, Subdivider shall cause construction of the Works of Improvement to be completed in accordance with all other applicable federal, state, and local laws, ordinances, rules and regulations. In addition, without limiting the foregoing, the Subdivider shall, at its expense, obtain and comply with the conditions of all necessary permits and licenses for the construction of the Works of Improvement. The Subdivider shall also give all necessary notices and pay all fees and taxes as required by law.

Subdivider shall construct the Works of I mprovements in accordance with the City standards in effect at the time of the adoption of the Approved Tentative Map. City reserves the 68 10-27-23
4 right to protect the public safety or welfare or comply with applicable Federal or State law or City zoning ordinances.

1.13. Suspension of Work. The City Engineer shall have authority to order suspension of the work for failure of the Subdivider’s contractor to comply with law pursuant to Section 1.12.

In case of suspension of work for any cause whatsoever, Subdivider and its contractor shall be responsible for all materials and shall store them properly if necessary and shall provide suitable interim drainage and/or dust control measures, and erect temporary structures where necessary.

1.14. Erosion and Dust Control and Environmental Mitigation . All grading, landscaping, and construction activities shall be performed in a manner to control erosion and prevent flooding problems. The City Engineer shall have the authority to require erosion plans to prescribe reasonable controls on the method, manner, and time of grading, landscaping, and construction activities to prevent nuisances to surrounding properties. Plans shall include without limitation temporary drainage and erosion control require ments, dust control procedures, restrictions on truck and other construction traffic routes, noise abatement procedures, storage of materials and equipment, removal of garbage, trash, and refuse, securing the job site to prevent injury, and similar matters.

1.15. Final Acceptance of Works of Improvement . After Subdivider ’s contractor has completed all of the Works of Improvement, Subdivider shall then request a final inspection of the work. If items are found by the City’s inspectors to be incomplete or not in compliance with this Agreement or any of the requirements contained or referenced herein, City will inform the Subdivider or its contractor of such items. After the Subdivider’s contractor has completed these items, the procedure shall then be the same as specified above for the Subdivider’s contractor’s initial request for final inspection. If items are found by City’s inspectors to be incomplete or not in compliance after two (2) “final” inspections, the City may require the Subdivider or its contractor, as a condition to performing further field inspections, to submit in writing a detailed statement of the work performed subsequent to the date of the previous inspection which was found to be incomplete or not in compliance at that time. Subdivider shall be responsible for payment to City Engineer of re-inspection fees in the amount necessary to cover the City’s costs for additional final inspections, as determined by the City Engineer.

No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by the City Engineer is made. The City Engineer shall make a certification of completion and acceptance on the Works of Improvement by recordation of a Notice of Acceptance on behalf of the City.

Final acceptance shall not constitute a waiver by the City Engineer of defective work subsequently discovered.

The date on which the Works of Improvement will be considered as complete shall be the date of the Notice of Acceptance.

1.16. Vesting of Ownership. Upon recordation of the Notice of Acceptance, ownership of the Works of Improvement shall vest in the City.
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5 1.17. Subdivider’s Obligation to Warn Public During Construction. Until recordation of the Notice of Acceptance , Subdivider shall give good and adequate warning to the public of any dangerous condition of the Works of Improvements, and shall take reasonable actions to protect the public from such dangerous condition. Until re cordation of the Notice of Acceptance, Subdivider shall provide forty-eight (48) hours’ advance written notice to all neighboring property owners and tenants affected by Subdivider’s operations or construction of the hours, dates and duration of any planned construction activities.

1.18. Injury to Public Improvements, Public Property or Public Utility. Until recordation of the Notice of Acceptance of the Works of Improvement, Subdivider assumes responsibility for the care and maintenance of, and any damage to, the Works of Improvements. Subdivider shall replace or repair all Works of Improvements, public property, public utility facilities, and surveying or subdivision monuments and benchmarks which are destroyed or damaged for any reason, regardless whether resulting from the acts of the Subdivider, prior to the recordation of the Notice of Acceptance. Prior to the recordation of the Notice of Acceptance, Subdivider shall bear the entire cost of such replacement or repairs regardless of what entity owns the underlying property.

Any repair or replacement shall be to the reasonable satisfaction, and subject to the reasonable approval, of the City Engineer.

Neither the City, nor any officer or employee thereof, shall be liable or responsible for any accident, loss or damage, regardless of cause, occurring to the work or Works of Improvements prior to recordation of the Notice of Acceptance of the work or improvements.

2. Time for Performance.

2.1. Commencement and Completion Dates . Subject to Section s 2.2 and 2.3 below, Subdivider shall (i) commence with construction and installation of the Works of Improvement thirty (30) days following City’s approval of the Plans (“Commencement Date”); and (ii) complete or cause to be completed all of the Works of Improvement within two (2) years after the Commencement Date. In the event good cause exists as determined by the City Engineer, the time for commencement of construction or completion of the Works of Improvement hereunder may be extended by up to three (3) additional one-year periods. Extensions shall be executed in writing by the City Engineer. The City Engineer in his or her sole discretion determines whether or not the Subdivider has established good cause for an extension. As a condition of such extension, the City Engineer may require Subdivider to furnish new security guaranteeing performance of this Agreement, as extended, in an increased amount to compensate for any increase in construction costs as determined by the City Engineer. If Subdivider requests and is granted an extension of time for completion of the improvements, City may apply the standards in effect at the time of the extension.

2.2. Phasing Requirements . Notwithstanding the provisions of Section 2.1, the City reserves the right to control and regulate the phasing of completion of specific Works of Improvement as required to comply with applicable City ordinances, regulations, and rules relating to the timely provision of public services and facilities. In addition to whatever other remedies the City may have for Subdivider’s failure to satisfy such phasing requirements, as the same now exist or may be amended from time to time, Subdi vider acknowledges City’s right to withhold the issuance of further building permits on the Property until such phasing requirements 70 10-27-23
6 are satisfied. Prior to issuance of building permits, Subdivider shall provide satisfactory evidence that all applicable requirements that are a condition to issuance of building permits have been satisfied. Such requirements may include the payment of fees, construction of improvements, or both. Final inspections or issuance of Certificates of Occupancy may be withheld from the Subdivider by the City, if, upon a determination by the City Engineer, completion of specific Works of Improvements or other requirements associated with the development of the Property have not been completed to the City Engineer’s satisfaction.

2.3. Force Majeure. Notwithstanding the provisions of Section 2.1, Subdivider ’s time for commencement and completion of the Works of Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strike s, lockouts, epidemics, pandemics and other public health emergencies, construction-industry-wide inability to procure labor or materials in t he region in which the Property is located, construction-industry-wide inability to procure equipment or supplies on the open market in the region in which the Property is located, unusual delays resulting from transportation, laws, rules, regulations or orders of a public agency or other public agency action or inaction (including City), , acts or failures to act of a public agency (including City), changes to the scope of work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than five (5) days prior to City’s receipt of a written notice from Subdivider or its contractor detailing the grounds for Subdivider’s claim to a right to extend its time for performance hereunder. The City Engineer shall evaluate all claims to Force Majeure and make a reasonable determination regarding the length of any extension of time for commencement and/or completion of the Works of Improvement and the City Engineer’s decision shall be final.

2.4. Continuous Work . After commencement of construction of the Works of Improvement (or separate portion thereof), Subdivider shall cause such work to be diligently pursued to completion and shall not abandon the work for a consecutive period or more than thirty (30) days, events of Force Majeure excepted.

2.5. Reversion to Acreage. In addition to whatever other rights City may have due to Subdivider’s failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Section 66499.11 through Section 66499.20.1.

3. Labor.

3.1. Labor Standards. This Agreement is subject to, and Subdivider agrees to comply with, all of the applicable provisions of the Labor Code including, but not limited to, the wage and hour, prevailing wage, worker compensation, and various other labor requirements in Division 2, Part 7, Chapter 1, including section 1720 to 1740, 1770 to 1780, 1810 to 1815, 1860 to 1861, which provisions are specifically incorporated herein by reference as set forth herein in their entirety. Subdivider shall expressly require compliance with the provisions of this Section in all agreements with contractors and subcontractors for the performance of the Works of Improvement.
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7 3.2. Nondiscrimination. In accordance with the California Fair Employment and Housing Act ( “FEHA”), California Government Code Section 12940 et seq. , Subdivider agrees that Subdivider, its agents, employees, contractors, and subcontractor performing any of the Works of Improvement shall not discriminate, in any way, against any person on the basis of race, ethnicity, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status . Subdivider shall expressly require compliance with the provisions of this Section in all agreements with contractors and subcontractors for the performance of this Agreement.

3.3. Licensed Contractors. Subdivider shall cause all of the Works of Improvement to be constructed by contractors and subcontractors with valid California Contractors ’ licenses for the type of work being performed. All of Subdivider’s contractors and subcontractors shall obtain a valid City of Chino business license prior to performing any work pursuant to this Agreement.

Subdivider shall provide the City Engineer with a list of all of its contractors and subcontractors prior to initiating any work, and all valid Contractor ’s licenses and business licenses issued thereto as a condition of constructing the Works of Improvements.

3.4. Worker’s Compensation . Subdivider shall cause every contractor and subcontractor performing any of the Works of Improvement to carry Workers ’ Compensation Insurance as required by the Labor Code of the State of California and shall cause each such contractor and subcontractor to submit to City a Certificate of Insurance verifying such coverage prior to such contractor or subcontractor entering onto the job site.

4. Security.

4.1. Required Security.
(a) At the time Subdivider executes this Agreement, Subdivider shall furnish to City the following bonds, letters of credit, instruments of credit (assignment of deposit account) or other security acceptable to City in its sole and absolute discretion and sati sfying the requirements of the applicable provisions of this Section 4 below (hereinafter “Security Instruments”):
(i) A Security Instrument securing Subdivider ’s faithful performance of all of the Works of Improvement ( “Faithful Performance Security Instrument”), in the amount of $ 2,142,100.00 equal to 100% of the estimated construction cost referenced in Section 1.1.
(ii) A Security Instrument guaranteeing the payment to contractors, subcontractors, and other persons furnishing labor, materials, and/or equipment (“Labor and Materials Security Instrument ”) with respect to the Works of Improvement in an amount equal to $1,071,100.00 equal to 50% of the estimated construction cost referenced in Section 1.1.
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8 (iii) A Security Instrument guaranteeing the payment of the cost of setting monuments as required in Section 1.4 in the amount of $8,385.00 equal to 100% of the cost thereof.

This Agreement shall not be effective for any purpose until such Security Instruments are supplied to and approved by City in accordance herewith. (b) Required Security Instrument for Maintenance and Warranty . Prior to the City Council ’s acceptance of the Works of Improvement and recordation of a Notice of Completion, Subdivider shall deliver a Security Instrument warranting the work accepted for a period of one (1) year following said acceptance (“Maintenance and Warranty Security Instrument”), in the amount of $241,200.00 equal to 10% of the estimated construction cost set forth in Section 1.1 or a suitable amount determined by the City Engineer.

4.2. Form of Security Instruments . All Security Instruments shall be in the amounts required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following minimum requirements and otherwise shall be in a form provided by City or otherwise approved by the City Attorney:
(a) Bonds. For Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California. Any insurance company acting as surety shall have a minimum rating of A-IX, as rated by the current edition of Best ’s Key Rating Guide published by A.M. Best ’s Company, Oldwick, New Jersey, 08858. Any bank acting as surety shall have a minimum rating of AA, as rated by Moody’s or Standard & Poor’s.
(b) Letters of Credit . For Security Instruments which are letters of credit, any letter of credit shall be an original separate unconditional, irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the City Engineer of the City that Subdivider is in default under its payment or performance obligations hereunder or in the event Subdivider fails to deliver a replacement letter of credit not less than thirty (30) days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 4.4. (c) Instrument of Credit . For Security Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to City all of Subdivider’s interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. (d) General Requirements for all Security Instruments.
(i) Payments under any Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be 73 10-27-23
9 instituted and maintained) in the City of Chino, State of California (and the Security Instrument shall so provide).
(ii) Each Security Instrument shall have a minimum term of one (1) year after the deadline for Subdivider ’s completing the Works of Improvement, in accordance with Section 2.1 (other than Instruments of Credit, which shall have no defined term or expiration date).
(iii) Each Security Instrument shall provide that changes may be made in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and without affecting the obligations under such Security Instrument.
(iv) If the Subdivider seeks to replace any security with another security, the replacement shall: (1) comply with all the requirements for security in this Agreement; (2) be provided by the Subdivider to the City Engineer; and (3) upon its written acceptance b y the City Engineer, be deemed a part of this Agreement. Upon the City Engineer’s acceptance of a replacement security, the former security shall be released by the City.

4.3. Subdivider’s Liability. While no action of Subdivider shall be required in order for City to realize on its security under any Security Instrument, Subdivider agrees to cooperate with City to facilitate City’s realization under any Security Instrument, and to take no action to prevent City from such realization of any Security Instrument. Notwithstanding the giving of any Security Instrument or the subsequent expiration of any Security Instrument or any failur e by any surety or financial institution to perf orm its obligations with respect thereto, Subdivider shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10) days after written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 4.

4.4. Letters of Credit.
(a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit (expiring in not less than one (1) year, unless City agrees to a lesser term in City’s sole and absolute discretion) is not delivered not less than thirty (30) days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit delivered hereunder, issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit.
(b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the 74 10-27-23
10 control of the City, with no interest accruing thereon for the benefit of the Subdivider. If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as provided in the foregoing. Subdivider agrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein, and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City ’s security interest in such account.

4.5. Release of Security Instruments . The City shall release all Security Instruments consistent with Government Code Sections 66499.7 and 66499.8 , Section 19.09.010 of the Chino Municipal Code, and as follows:
(a) City shall release the Faithful Performance Security Instrument and Labor and Materials Security Instrument when all of the following have occurred:
(i) Subdivider has made written request for release and provided evidence of satisfaction of all other requirements in this Section 4.5; (ii) the Works of Improvement have been accepted;
(iii) Subdivider has delivered the Maintenance and Warranty Security Instrument; and
(iv) after passage of the time within which lien claims are required to be made pursuant to Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California. If lien claims have been timely filed, City shall hold the Labor and Materials Security Instrument until such claims have been resolved, Subdivider has provided a statutory bond, or otherwise as required by applicable law. (b) City shall release the Maintenance and Warranty Security Instrument upon Subdivider’s written request upon the expiration of the warranty period, and settlement of any claims filed during the warranty period. (c) The City may retain from any security released, an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorney’s fees.

5. Cost of Construction and Provision of Inspection Service.

5.1. Subdivider Responsible for All Costs of Construction . Subdivider shall be responsible for payment of all costs incurred for construction and installation of the Works of Improvement. In the event Subdivider is entitled to reimbursement from City for any of the Works of Improvement, such reimbursement shall be subject to a separate Reimbursement Agreement to be entered into between Subdivider and City prior to construction of the Works of Improvement.
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11 5.2. Payment to City for Cost of Related Inspection and Engineering Services .

Subdivider shall compensate City for all of City ’s costs reasonably incurred in having its authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Subdivider shall compensate City for all design, plan check, evaluating any proposed or agreed-upon changes in the work. The procedures for deposit and payment of such fees shall be as established by the City. In no event shall Subdivider be entitled to additional inspections or a final inspection and acceptance of any of the Works of Improvement until all City fees and char ges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections.

5.3. Payment of Development Impact Fees . Unless otherwise addressed in the Development Agreement, as amended, between Subdivider, its affiliates, Chino Holding Company, LLC and Chino Development Corporation , and the City, or in a Construction Credit and Reimbursement Agreement or other agreement among any of the foregoing entities and the City, Subdivider shall pay Development Impact Fees pursuant to and in accordance with Chino Municipal Code Chapter 3.40 or 3.45, as applicable.

6. Acceptance of Offers of Dedication. The City Council shall pass as appropriate resolution or resolutions accepting all offers of dedication shown on the Map for the Property, with acceptance to become effective upon completion and acceptance by City of the Works of Improvement. Such resolution(s) shall authorize the City Clerk to execute the Certificate made a part of the Map regarding said acceptance of the offer of dedication.

7. Warranty of Work. Subdivider shall guarantee all Works of Improvement against defective materials and workmanship for a period of one (1) year from the date of final acceptance. If any of the Works of Improvement should fail or prove defective within said one (1) year period due to any reason other than improper maintenance, or if any settlement of fill or backfill occurs, or should any portion of the Works of Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen (15) days after written notice of such defects, or within such shorter time as may reasonably be determined by the City in the event of emergency, shall commence to repair or replace the same together with any other work which may be damaged or displaced in so doing. Should Subdivider fail to remedy defective material and/or workmanship or make replacements or repairs within the period of time set forth above, City may make such repairs and replacements and the actual cost of the required labor and materials shall be chargeable to and payable by Subdivider. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law.

8. Default.

8.1. Default by Subdivider. Default by Subdivider shall include, but not be limited to:
(a) Subdivider’s failure to timely commence construction of Works of Improvement under this Agreement;
(b) Subdivider’s failure to timely complete construction of the Works of Improvement;
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12 (c) Subdivider’s failure to perform substantial construction work for a period for 20 consecutive calendar days after commencement of the work; (d) Subdivider’s insolvency, appointment of a receiver, or the filing of any petition in bankruptcy, either voluntary or involuntary, which Subdivider fails to discharge within 30 days;
(e) The commencement of a foreclosure action against the subdivision or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or (f) Subdivider’s failure to perform any other obligation under this Agreement.

8.2. Remedies. The City reserves all remedies available to it at law or in equity for a default or breach of Subdivider’s obligations under this Agreement. The City shall have the right, subject to this Section, to draw upon or use the appropriate security to mitigate the City ’s damages in the event of default by Subdivider. The City’s right to draw upon or use the security is in addition to any other remedy available to City. The parties acknowledge that the estimated costs and security amounts may not reflect the actual cost of construction of the improvements and, therefore, City ’s damages for Subdivider ’s default shall be measured by the cost of completing the required improvements. The City may use the sums provided by the securities for the completion of the Works of Improvement in accordance with the plans. In the event the Subdivider fails to cure any default under this Agreement within 20 days after the City mails a notice of such default to the Subdivider and the Subdivider ’s surety, Subdivider authorize s the City to perform the obligation for which Subdivider is in default and agrees to pay the entire cost of such performance by the City. The City may take over the work and complete the Works of Improvement, by contract or by any other method City deems appropriate, at the expense of the Subdivider. In such event, City, without liability for doing so, may complete the Works of Improvement using any of Subdivider’s materials, appliances, plans and other property that are at the work site and that are necessary to complete the Works of Improvement.

8.3. Remedies Not Exclusive . In any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, the Subdivider agrees that the choice of remedy or remedies for Subdivider’s breach shall be in the discretion of the City. Additionally, any remedy specifically provided in this Agreement shall be in addition to, and not exclusive of, City’s right to pursue any other administrative, legal, or equitable remedy to which it may by entitled.

8.4. Attorney’s Fees and Costs . In the event that Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney’s fees. In the event of any dispute arising out of Subdivider ’s performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney’s fees and costs. Such attorney’s fees and cost shall include fees and costs on any appeal, and in addition a party entitled to attorney’s fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs 77 10-27-23
13 with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment.

8.5. Waiver. No waiver by the City of any breach or default by the Subdivider shall be considered valid unless in writing, and no such waiver by the City shall be deemed a waiver of any subsequent breach or default by the Subdivider.

9. Indemnity/Hold Harmless. City or any officer, employee or agent thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of Subdivider, its agents, employees, contractors and subcontractors in the performance of this Agreeme nt.

Subdivider further agrees to protect, defend, indemnify and hold harmless City, its officials, boards and commissions, and members thereof, agents, and employees from any and all claims, demands, causes of action, liability or lo ss of any sort, because of, or arising out of, acts or omissions of Subdivider, its agents, employees, contractors and subcontractors in the performance of this Agreement, except for such claims, demands, causes of action, liability or loss arising out of the active negligence or willful misconduct of the City, its officials, boards, commissions, the members thereof, agents and employees, including all claims, demands, causes of action, liability or loss because of or arising out of, in whole or in part, th e design or construction of the improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said Subdivision, and the public improvemen ts as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design and construction of public drainage systems, streets and other improvements. City shall not be responsible for the design or con struction of the property to be dedicated or the improvements pursuant to the approved improvement plans or map, regardless of any negligent action or inaction taken by the City in approving the plans or map, unless the particular improvement design was specifically required by City over written objection by Subdivider submitted to the City Engineer befo re approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design.

For a period of one (1) year a fter the City’s a cceptance of the improvements , the Subdivider shall remain obligated to eliminate any latent defect in design or dangerous condition caused by the design or construction defect; however, Subdivider shall not be responsible for routine maintenance. It is the intent of this section that , subject to applicable law, including statutes of limitations, Subdivider shall be responsible for all liability for design and construction of the improvements installed or work done pursuant to this Agreement and that City shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving or reviewing any work or construction. The improvement security shall not be required to cover the provisions of this Paragraph.

In the event of a dispute regarding this Section, the non-prevailing party shall reimburse the prevailing party for all costs and expenses, including but not limited to fees and charges of architects, engineers, attorneys, and other professionals, and court costs, incurred by the prevailing party in enforcing this Section.
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14 10. Subdivider’s Indemnity of Project Approval. Subdivider shall defend, indemnify, and hold harmless the City and its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the C ity, advisory agency, appeal board, or legislative body concerning the Subdivision. The City shall promptly notify the Subdivider of any claim, action, or proceeding and cooperate fully in the defense of any such claim, action, or proceeding. In the event City fails to promptly notify the Subdivider of any claim, action, or proceeding, or if the City fails to cooperate in the defense, the Subdivider shall not thereafter be responsible to defend, indemnify, or hold harmless the City. Nothing in this Section prohibits the City from participating in the defense of any claim, action, or proceeding if City bears its own attorney’s fees and costs and defends the action in good faith. Subdivider shall not be required to pay or perform any settlement unless the settlement is approved by the Subdivider.

11. Insurance Requirements. Subdivider, at Subdivider’s sole cost and expense and for the full term of this Agreement and any extensions thereto, shall obtain and maintain all of the following minimum insurance requirements in a form approved by the City’s authorized designee for Risk Management prior to commencing any work:
(a) Commercial General Liability policy with a minimum $1 million combined single limit for bodily injury and property damage providing all of the following minimum coverage without deductibles:
(i) Premises operations; including X, C, and U coverage; (ii) Owners’ and contractors’ protection;
(iii) Blanket contractual;
(iv) Completed operations; and
(v) Products.
(b) Commercial Business Auto policy with a minimum $1 million combined single limit for bodily injury and property damage, providing all of the following minimum coverage without deductibles:
(i) Coverage shall apply to any and all leased, owned, hired, or non - owned vehicles used in pursuit of any of the activities associated with this Agreement; and
(ii) Any and all mobile equipment including cranes which are not covered under the above Commercial Business Auto policy shall have said coverage provided under the Commercial General Liability policy. (c) Workers Compensation and Employers ’ Liability policy in accordance with the laws of the State of California and providing coverage for any and all employees of the Subdivider:
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15 (i) This policy shall provide coverage for Workers ’ Compensation (Coverage A); and
(i) This policy shall provide coverage for $1,000,000 Employers’ Liability (Coverage B).
(ii) Pursuant to Labor Code section 1861, Subdivider by executing this Agreement certifies: “I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers ’ Compensation or to undertake self -insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract.”
(iii) Prior to commencement of work, the Subdivider shall file with the City’s Risk Manager a Certificate of Insurance or certification of permission to self-insure workers’ compensation conforming to the requirements of the Labor Code.
(d) Endorsements. All of the following endorsements are required to be made a part of each of the above-required policies as stipulated below:
(i) “The City of Chino, its officers, employees and agents are hereby added as additional insureds.”
(ii) “This policy shall be considered primary insurance with respect to any other valid and collectible insurance the City may possess, including any self- insured retention the City may have and any other insurance the City does possess shall be considered excess insurance only.” (iii) “This insurance shall act for each insured and additional insured as though a separate policy has been written for each. This, however, will not act to increase the limit of the insuring company.” (iv) “Thirty (30) days prior written notice of cancellation shall be given to the City of Chino in the event of cancellation and/or reduction in coverage, except that ten (10) days prior written notice shall apply in the event of cancellation for non -payment of premium. ” Such notice shall be sent to the Risk Manager at the address indicated in Subsection f below.
(v) Subsection d(iv ) hereinabove “Cancellation Notice ” is the only endorsement required of the Workers’ Compensation and Employers’ Liability policy.
(e) Admitted Insurers. All insurance companies providing insurance to the Subdivider under this Agreement shall be admitted to transact the business of insurance by the California Insurance Commissioner.
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16 (f) Proof of Coverage. Copies of all required endorsements shall be attached to the Certificate of Insurance which shall be provided by the Subdivider’s insurance company as evidence of the coverage required herein and shall be mailed to:

City of Chino
Risk Management
13220 Central Avenue
Chino, CA 91710

12. Environmental Warranty.

12.1. Prior to the acceptance of any dedications or Works of Improvement by City, Subdivider shall provide City with a written warranty in a form substantially similar to Exhibit “C” attached hereto and incorporated herein by reference, that:
(a) Neither the property to be dedicated nor Subdivider are in violation of any environmental law, and neither the property to be dedicated nor the Subdivider are subject to any existing, pending or threatened investigation by any federal, state or local governmental authority under or in connection with the environmental laws relating to the property to be dedicated.
(b) Neither Subdivider nor any other person with Subdivider’s permission to be upon the property to be dedicated shall use, generate, manufacture, produce, or release, on, under, or about the property to be dedicated, any Hazardous Substance except in compliance with all applicable environmental laws. For the purposes of this Agreement, the term “Hazardous Substances” shall mean any substance or material which is capable of posing a risk of injury to health, safety or property, including all those materials and substances designated as hazardous or toxic by any federal, state or local law, ordinance, rule, regulation or policy, including but not limited to, all of those materials and substances defined as “Toxic Materials” in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30 in effect as of the date of this Agreement and/or the date of the completion of the public improvements , or any other materials requiring remediation under federal, state or local laws, ord inances, rules, regulations or policies in effect as of the date of this Agreement and/or the date of the completion of the public improvements.
(c) Subdivider has not caused or permitted the release of, and has no knowledge of the release or presence of, any Hazardous Substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. (d) Subdivider’s prior and present use of the property to be dedicated has not resulted in the release of any hazardous substance on the property to be dedicated.

12.2. Subdivider shall give prompt written notice to City of:
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17 (a) Any proceeding or investigation by any federal, state or local governmental (b) authority with respect to the presence of any hazardous substance on the property to be dedicated or the migration thereof from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. (c) Any claims made or threatened by any third party against City or the property to be dedicated relating to any loss or injury resulting from any hazardous substance; and
(d) Subdivider’s discovery of any occurrence or condition on any property adjoining or in the vicinity of the property to be dedicated that could cause the property to be dedicated or any part thereof to be subject to any restrictions on its ownership, occupancy, use for the purpose for which it is intended, transferability or suit under any environmental law.

13. General Provisions.

13.1. Successors and Assigns. This Agreement shall be binding upon all successors and assigns to Subdivider’s right, title, and interest in and to the Property and any portion thereof.

Subdivider hereby consents to City recording this Agreement as official records of San Bernardino County, affecting fee title interest to the Property to provide constructive notice of the rights and obligations incurred by Subdivider in the City ’s approval of this Agreement. In the event the Property is subsequently conveyed by Subdivider to a third party prior to completion of the Works of Improvement, whereby the third party is intended to assume Subdivider ’s responsibilities with regard to this Agree ment, (the “Replacement Subdivider”), the rights and obligations of this Agreement shall transfer to the Replacement Subdivider; however, the Security Instruments required pursuant to Section 4 of this Agreement, and furnished by Subdivider as a condition of the City ’s approval of this Agreement, shall remain Subdivider ’s responsibility to maintain until such time as Subdivider and its Replacement Subdivider enter into a Transfer and Assignment of Subdivision Agreement, (the “Transfer Agreement ”), to acknowledge the transfer of fee title to the Property from the Subdivider to its Replacement Subdivider, and to acknowledge the rights and obligations associated with this Agreement upon the Replacement Subdivider, including Replacement Subdivider ’s responsibility to furnish replacement Security Instruments meeting the City ’s approval pursuant to Section 4 of this Agreement. Until such time as a Transfer Agreement, meeting the City’s approval, is executed by Subdivider and its Replacement Subdivider, and replace ment Security Instruments meeting City’s approval are furnished by the Replacement Subdivider, Subdivider retains sole responsibility for maintaining all Security Instruments required pursuant to Section 4 of this Agreement.

13.2. No Third-Party Beneficiaries. This Agreement is intended to benefit only the parties hereto and their respective successors and assigns. Neither City nor Subdivider intend to create any third-party beneficiary rights in this Agreement in any contractor, subcontractor, member of the general public, or other person or entity.
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18 13.3. No Vesting Rights. Performance by the Subdivider of this Agreement shall not be construed to vest Subdivider’s rights with respect to any change in any zoning or building law or ordinance.

13.4. Subdivider is Not Agent of City. Neither Subdivider nor Subdivider ’s agents, contractors, or subcontractors are agents or contractors of the City in connection with the performance of Subdivider’s obligations under this Agreement.

13.5. Time of the Essence. Time is of the essence of Subdivider ’s performance of all of its obligations under this Agreement.

13.6. Notices. Unless otherwise specified in this Agreement, all notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date is delivered in person, or, if mailed, on the date of deposit in the United States Mail. Notice shall be provided to the persons listed on Pages 1 and 2 of this Agreement by the parties for this purpose.

Either party may provide a new designated representative and/or address by written notice as provided in this Section.

13.7. No Apportionment. Nothing contained in this Agreement shall preclude City from expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering into agreements with other subdividers for the apportionment of costs of water a nd sewer mains, or other improvements pursuant to the provisions of the City ordinances providing therefore. Nor shall anything in the Agreement commit City to any such apportionment.

13.8. Severability. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.

13.9. Captions. The captions of this Agreement are for convenience and reference only and shall not be used in the interpretation of any provision of this Agreement.

13.10. Incorporation of Recitals. The recitals to this Agreement are hereby incorporated into the terms of this Agreement.

13.11. Interpretation. This Agreement shall be interpreted in accordance with the laws of the State of California.

13.12. Entire Agreement; Waivers and Amendments. This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to all or part of the subject matter hereof, except as may be express ly provided herein. All waivers of the provisions of this Agreement must be in writing and signed by an authorized representative of the party to be charged, and all amendments hereto must be in writing and signed by the appropriate representatives of both parties.
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19 13.13. Counterparts. This Agreement may be executed in one or more counterparts, all of which taken together shall be deemed one original.

14. Authority. The persons executing this Agreement on behalf of the parties warrant (i) the party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into of this Agreement does not violate any provisions of any other agreement to which said party is bound. [SIGNATURES ON NEXT PAGE]
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86 01225.0006/366470.2 A-1

EXHIBIT “A”
[attached]
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01225.0006/366470.2 B-1
EXHIBIT “B”
TRACT MAP NO. 20446 WORKS OF IMPROVEMENT
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.

I. 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 Director of Public Works or her designee and on her 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.
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DEVELOPMENT ENGINEERING DIVISION CONDITIONS OF APPROVAL Reviewed/Approved By: JP Date: 9/7/22

TRACT MAP NO. 20446 (PL21-0045 MSA and PL21-0057)

DATE: July 25, 2022 PC MEETING DATE: September 19, 2022

PROJECT DESCRIPTION: 21.90 acre Master Site Approval for the future development of 114 SFR.

PROJECT LOCATION: 8340 Chino Corona Road

APPLICANT: Chino Preserve Development Corp PROJECT ENGINEER: Felicia Marshall

PRIOR TO THE FIVE MAJOR DEVELOPMENT EVENTS, THE APPLICANT SHALL SATISFY AND FULFILL ALL CONDITIONS OUTLINED BELOW. 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 DEVELOPMENT SERVICES SHALL HAVE

THE AUTHORITY TO APPROVE MINOR DEVIATIONS IN THE CONDITIONS OF APPROVAL, AND ALL PLANS INCLUDING THE CONSTRUCTION DRAWINGS.

COMPLY WITH ALL CONDITIONS OF APPROVAL FROM TENTATIVE TRACT MAP 16420 – (AMENDED) INCLUDING BUT NOT LIMITED TO CONSTRUCTION OF OFFSITE PUBLIC IMPROVEMENTS NEEDED TO SERVE THE PROJECT.

1.0 PRIOR TO MAP RECORDATION:

1.1 Provide a preliminary Title Report no older than 60 days.

1.2 Submit a preliminary soils report to the project engineer for review and approval in accordance with Government Code, Section 66434.5.

1.3 Make the following dedications:

Street Name Distance Direction From C/L
Chino Corona Road 66 feet R/W 33 feet each side
Legacy Park Street 40 feet ½ width to the south
East Preserve Loop 83 feet R/W 40 feet to the west and 43 feet to the east
A through F Street 60 feet R/W 30 feet each side

1.3a Dedicate to the City a 25-foot wide public utility easement, located at the south end of the tract (Lot F).

1.3b Prepare and record necessary drainage easements to implement the project in accordance with drainage law.

1.3c Easements:
• 1 foot sidewalk easements at right-of-way radial corner returns.

1.4 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, sidewalks, utilities, street li ghts, 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.

6.3.e
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Attachment: Eng COA Block 3 - TTM 20446 PL21-0045 and PL21-0057 (PL21-0045 (MSA) and PL21-0057 (TTM 20446) - Block 3 The Preserve) 101
TRACT MAP NO. 20446 2 July 25, 2022

1.5 Execute a Subdivision Agreement and submit security in an amount acceptable to the City Engineer to guarantee construction of the public improvements listed in 2.7. All security must be accessible to the City at any time and in a form acceptable to the Assistant City Manager , pursuant to Government Code, Section 66499.

1.6 Tract 16420 (amended) map will dedicate and require surety for portions of offsite improvements within the TTM 20446 area. Further, TTM 20446 is intended to be recorded in two phases. Each phase may be recorded independent of the other. Applicants for each phase must post surety related to improvements within each respective map phase.

1.7 Provide a Monumentation Bond in an amount specified in writing by a Registered Engineer or Licensed Land Surveyor of Record.

1.8 Submit an exhibit with a list of proposed street names for the interior streets to the Street Naming Committee for name(s) selection. Please provide one alternate street name for each street.

1.9 Comply with all applicable requirements of the City Municipal Code.

1.10 Existing pedestrian facilities on the frontage of the devel opment, open to the public within the development, shall be evaluated for accessibility. The street frontage includes all adjacent pedestrian facilities, including crosswalks, created by, prolongated from, or connected to any required sidewalks improvement s. The frontage may include sidewalks, curb ramps, connecting crosswalks (marked and unmarked), and their associated pedestrian facilities (on- street parking space, etc.).
a. The following existing improvements shall be made compliant with accessibility regulations as a part of this project:
i. park/recreation play facilities
ii. sidewalks/walks
iii. shared-use paths/multi-purpose paths
iv. curb ramps
v. crosswalk pavement and associated pedestrian facilities (pedestrian push buttons, maneuvering, clear space)
vi. driveway approaches crossings
vii. parking space

b. Improvements that are non-compliant with the accessibility standards in effect at the time of construction or alteration, shall be brought up to current accessibility standards. This work shall be incorporated into the scope of this project and shall be completed prior to acceptance by the City.
c. Improvements that are compliant with the accessibility standards in effect at the time of construction, shall be documented on a separate construction plan with detailed specifications (running and cross slopes of all pedestrian walking surfaces, locations and dimensions and slopes of maneuvering spaces and landings, width of sidewalk, width, and vertical clearance from obstructions). The accessibility of existing improvements will be verified by City inspection staff upon completion of the project.

Discrepancies between documented existing conditions and existing conditions as measured by City staff shall be remedied and brought up to accessibility standards as part of the project.

1.11 Pay all applicable fees pursuant to City Municipal Code including, but not limited to, plan check fees.

6.3.e
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Attachment: Eng COA Block 3 - TTM 20446 PL21-0045 and PL21-0057 (PL21-0045 (MSA) and PL21-0057 (TTM 20446) - Block 3 The Preserve) 102
TRACT MAP NO. 20446 3 July 25, 2022

1.12 Provide evidence of sufficient stormwater treatment capacity availability for the Mill Creek Wetlands.

2.0 PRIOR TO ISSUANCE OF BUILDING PERMITS FOR ANY LOT WITHIN THE SUBDIVISION/ PRIOR TO ISSUANCE OF CONSTRUCTION PERMITS:

2.1 Record Tract Map No. 20446 pursuant to the Subdivision Map Act and in accordance with City Municipal Code. Provide a duplicate photo Mylar of the recorded map to the City Engineer's office.

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 parking plan with summary that is subject to review and approval by the City Traffic Engineer.

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.

2.5 Prepare and submit a final grading plan showing building footprints, pad elevations, finished grades, drainage routes, retaining walls, erosion control, slope easements and other pertinent information in accordance with Appendix J of the California Building Code, latest edition.

2.6 Provide a certificate, from a Registered Civil Engineer, certifying that the finished grading has been completed in accordance with the City approved grading plan.

2.7 Design full public improvements for all impacted and interior streets/facilities in accordance with the City Municipal Code, Standards and Specifications. Such public improvements may include, but not be limited to the following: (Please coordinate and verify all requirements with the project engineer.)

6.3.e
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Attachment: Eng COA Block 3 - TTM 20446 PL21-0045 and PL21-0057 (PL21-0045 (MSA) and PL21-0057 (TTM 20446) - Block 3 The Preserve) 103
TRACT MAP NO. 20446 4 July 25, 2022

Street Names
“A” – “F” East
Preserve
Loop
Chino
Corona
Road
Legacy
Park
Street
Curb & Gutter (Offset from Centerline) 18’ both
sides
27’ both
sides
20’ both
sides
20’ both
sides
Sidewalk (Width) 5’ both
sides
6’ on
east and
5’ on
west side
5’ both
sides
10’ on
south
side
Asphalt Concrete Pavement on Aggregate Base
(Width from Centerline)

16’ 25’ 18’ 18’
Asphalt Concrete Overlay
Street Lights X X X X
Median Island and Landscaping X
Parkway Landscaping X X X X
Striping and Traffic Controls X1 X X X
Traffic Signal Interconnect
Conduit System for CATV X X X
Sewer4 X X X
Storm Drain3 X X X
Domestic Water X2
Recycled Water X8 X X X
Fire Hydrants as required by CVIFD X X X X
Other: Landscape Lot X5 X6 X7
1 Paint 20’ white curb adjacent to community mailboxes per CMC 10.28.040 (C), white paint indicates 3- minute parking for mailboxes. White curb shall not overlap with red curb at corners or crosswalks. 2 Public water mains shall not extend into lettered lots. 3 Line F Storm drain must be complete for this tract to tie into. There are also improvements that are required to the system to the south of the tract, which ties into Line F. 4 The proposed sewer connects at the south end of Main Street. Sewer improvements from the tract will need to extend to the south, into Chino Corona Road, and continue southwest.

The sewer in Lot E, Lot G, and Lot H shall be private.
5 The landscape lots for East Preserve Loop varies from 8’ to 10’ on the east side of the street. 6 The landscape lots for Chino Corona Road is 10’ on the west side of the street. 7 The landscape lots for Legacy Park Street is 5’ on the south side of the street. 8 Recycled water mains are not required in-tract, but the parkways within the tract must use recycled water.

2.8 All improvements shall comply with federal, state, and local accessibility regulations and standards.

The review or approval of plans and specifications by the City does not permit the violation of any section of the federal law, state law, building code, or local ordinance. Where accessibility standards are contradictory, the provision that provides the most accessible (restrictive) conditi on shall apply. Where the project’s conditions of approval conflict with accessibility regulations and standards, the prevailing provision shall be determined by City’s Accessibility Coordinator and City Engineer.

2.9 Obtain design and plan approval from appropriate utility companies for undergrounding all utility lines adjoining and interior to the project, including power lines of 34.5 kV or less, pursuant to City Municipal Code, Chapter 13.32.

6.3.e
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Attachment: Eng COA Block 3 - TTM 20446 PL21-0045 and PL21-0057 (PL21-0045 (MSA) and PL21-0057 (TTM 20446) - Block 3 The Preserve) 104
TRACT MAP NO. 20446 5 July 25, 2022

2.10 Prepare and submit a sewer collection system analysis to determine if downstream facilities are adequate to handle the proposed development. The analysis will evaluate the proposed point(s) of connection and determine if there are any system deficiencies or needed improvements in order for the proposed development to be connected to the City’s sanitary sewer collection system. The study shall be an amendment to update the latest Sewer Master Plan for the Subarea 2 (The Preserve) for the identified tributary areas in the master that are different from the proposed project site.

2.11 Pay all applicable fees pursuant to City Municipal Code including, but not limited to, the Development Impact Fees (DIF) and Sewage Facilities Development Fee (SFDF). The actual amount of fees due to the City will be based on the fee schedule in place on the date that the fees are due, or the date that they are paid, whichever occurs last. The fee amount stated in this notice is subject to change based on (1) annual adjustments for inflation, pursuant to Chino Municipal Code, Chapter 3.40.100 or 3.45.100, (2) revisions to the Chino Municipal Code, and (3) updates to the fee studies and nexus reports adopted by the City.

Developer is solely responsible for remaining informed about changes in the fee amounts. City shall have no obligation to inform Developer of changes in the fee amounts unless Developer requests notice of such changes, pursuant to Government Code Section 66019(b) and Chino Municipal Code Chapter 3.40.080(B) or 3.45.080(B).

2.12 All projects developing one (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 Engineer prior to issuance of gradi ng permits. More detailed information regarding this General Permit, applicable fee information and the necessary forms 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

2.13 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.

2.14 Any future maintenance and repair of domestic or fire service laterals 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.

2.15 Convey ownership of all existing onsite water wells to the City and convert to monitoring wells as directed by the City’s Public Works Environmental staff and Water Utilities Supervisor. 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).

2.16 City staff shall determine the type of water (potable or recycled) to be used for grading operations, dust control activities, and common area/public landscape irrigation at the time of permit issuance.

6.3.e
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Attachment: Eng COA Block 3 - TTM 20446 PL21-0045 and PL21-0057 (PL21-0045 (MSA) and PL21-0057 (TTM 20446) - Block 3 The Preserve) 105
TRACT MAP NO. 20446 6 July 25, 2022

2.17 All public street corners shall have a minimum curb radii per City Municipal Code, Chapter 19.06 and City Standards and Specifications.

2.18 Provide adequate sight distance (per City Standard No. 865) for each project driveway and at all intersections. Landscaping type and height shall be maintained to ensure sight distance requirements are perpetuated.

2.19 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.

2.20 Comply with all requirements of the Traffic Impact Analysis (TIA) dated July 5, 2022 including construction of required improvements and mitigation measures as shown on the Mitigation Monitoring and Reporting Program, to mitigate impacts.

3.0 PRIOR TO REQUEST AND RELEASE OF ANY OCCUPANCY PERMITS:

3.1 Construct and secure Development Services Department approval of all public facilities enumerated under Section 2.7 above (per Resolution No. 88-23).

3.2 The applicant’s Civil Engineer shall field verify that all BMPs are designed, constructed, and functional in accordance with the approved WQMP. BMPs shall also be inspected by Public Works Environmental staff. Coordinate inspection with staff and submit a completed City of Chino BMP field verification form for review and approval

3.3 Pay all remaining applicable fees pursuant to City Municipal Code.

4.0 PRIOR TO FINAL ACCEPTANCE/PROJECT CLOSEOUT:

4.1 Complete all Conditions of Approval listed under Sections 1-3 above.

4.2 Slurry seal along all streets impacted by the development as directed by City staff. Install signing and striping per approved plans.

4.3 Submit to the City a letter from the surveyor indicating monuments required for the map have been set and they have been fully paid for their services.

4.4 Submit to the City, electronic files of Tract/Parcel Map and “as -built” improvement plans in AUTOCAD, Ersi GIS shape and Adobe Acrobat PDF formats. AUTOCAD files shall be submitted as an etransmitted zip file of the CAD drawings with all base files attached. Scanned resolution of PDF shall be a minimum of 360 dpi.

6.3.e
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Attachment: Eng COA Block 3 - TTM 20446 PL21-0045 and PL21-0057 (PL21-0045 (MSA) and PL21-0057 (TTM 20446) - Block 3 The Preserve) 106
TRACT MAP NO. 20446 7 July 25, 2022

5.0 PINE AVENUE PUBLIC IMPROVEMENTS

5.1 The City shall design and the Developer shall construct per City Standards the following required improvements on Pine Avenue between Euclid and Mayhew Avenues to the satisfaction of the City Engineer. Applicant shall receive Development Impact Fee (DIF) credit for the construction of improvements identified in the City’s latest DIF Nexus Study and any agreed to interim improvements:
a. Widen Pine Avenue to provide two westbound lanes, a two- way left turn lane, and two eastbound lane. Provide two westbound left turn lanes and two northbound right turn lanes at the Euclid Avenue inter section. Improvements shall include but are not limited to AC pavement, curb, gutter, traffic signal modification, signing, and striping.
b. Restripe Pine Avenue to increase the capacity of the two westbound left turn lanes at the Pine & Euclid intersection to the satisfaction of the City. c. Install temporary striping to accommodate a transition between lane configurations at Mayhew Avenue.
d. Slurry seal along streets impacted by the construction of public improvements as directed by City staff. Install traffic controls, signing and striping per approved plans.

5.1.a Within one year of obtaining right -of-way from the applicable offsite pro perty owners and obtaining required permits from the State and federal agencies, construct and secure Development Services Department approval of all required improvements.

5.2 The developer shall construct Pine Avenue between Meadowhouse Avenue and Rincon Meadows Avenue, generally described as Pine Avenue Stage 3, including northerly side ultimate width, curb, gutter, sidewalk, parkway, and street lights, two (2) through lanes in each direction and related public improvements including traffic control. This condition shall apply to entitlements approved after or on the date of the approval of this tentative map.

5.2.a Within one year of obtaining required permits from local, State and federal agencies, construct and secure Development Services Department approval of all required improvements in accordance with plans approved by the City. The City shall, at its discretion, have the ability to restrict the issuance of building permits should the Developer not construct and complete all required improvements prior to the one year period.

6.3.e
Packet Pg. 91
Attachment: Eng COA Block 3 - TTM 20446 PL21-0045 and PL21-0057 (PL21-0045 (MSA) and PL21-0057 (TTM 20446) - Block 3 The Preserve) 107

Rev. 9/7/2222

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

DEVELOPMENT ENGINEERING DIVISION

ITEMS REQUIRED FOR FIRST PLAN CHECK SUBMITTAL

TRACT MAP NO. Error! Reference source not found.

PROJECT ENGINEER: Felicia Marshall
DATE: 7/19/2022

A COPY OF THIS CHECK LIST MUST BE SUBMITTED WITH THE FIRST PLAN CHECK

1 Copy of Development Engineering Division Conditions of Approval

2 Sets of Maps (Subdivision Only)

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)

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

3 Sets of Street Improvements Plans

3 Copies of Cross-Sections (if street plans are required) at 50’ intervals and extended a minimum of 100’ beyond limits of improvements

2 Sets of Sewer Plans

3 Sets of Domestic Water Plans

2 Sets of Recycled Water Plans

2 Sets of Street Light Plans including a Photometric Diagram

2 Copies of Voltage Drop Calculations (Signed and Sealed by a Registered Engineer)

2 Sets of Signing and Striping Plans

1 Sets of Traffic Signal Interconnect Plans

2 Sets of Traffic Signal Plans

1 Water Quality Management Plan

1 6.3.e
Packet Pg. 92
Attachment: Eng COA Block 3 - TTM 20446 PL21-0045 and PL21-0057 (PL21-0045 (MSA) and PL21-0057 (TTM 20446) - Block 3 The Preserve) 108

01225.0006/366470.2 C-1

EXHIBIT “C”
TRACT MAP NO. 20446

CHINO PRESERVE DEVELOPMENT CORPORATION

ENVIRONMENTAL WARRANTY
As a condition precedent to acceptance of the dedications and public improvements to be conveyed by the above -named Subdivider to the City of Chino for the above-referenced Subdivision, Subdivider hereby warrants to the City of Chino that:

1. Neither the property to be dedicated nor Subdivider are in violation of any environmental law, and neither the property to be dedicated nor the Subdivider are subject to any existing, pending or threatened investigation by any federal, state or local governmental authority under or in connection with the environmental laws relating to the property to be dedicated.

2. Neither Subdivider nor any other person with Subdivider’s permission to be upon the property to be dedicated has used, generated, manufactured, produced, or released, on, under, or about the property to be dedicated, any Hazardous Substance except in compliance with all applicable environmental laws. For the purposes of this warranty, the term “Hazardous Substances” shall mean any substance or material which is capable of posing a risk of injury to health, safety or property, including all those material s and substances designated as hazardous or toxic by any federal, state or local law, ordinance, rule, regulation or policy, including but not limited to, all of those materials and substances defined as “Toxic Materials” in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30 in effect as of the date of this Warranty and/or the date of the completion of the public improvements, or any other materials requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies in effect as of the date of this Warranty and/or the date of the completion of the public improvements.

3. Subdivider has not caused or permitted the release of, and has no knowledge of the release or presence of, any Hazardous Substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the property to be dedicated.

4. Subdivider ’s prior and present use of the property to be dedicated has not resulted in the release of any Hazardous Substance on the property to be dedicated.

5. All persons executing this warranty hereby represent and warrant to the City of Chino, and Subdivider hereby represents and warrants, that the signator ies hereto have the legal power, right and authority to execute this warranty on behalf of the Subdivider and that the signatories hereto have sufficient knowledge or expertise, either personally, through reasonable inspection and investigation of the property, or through reasonable 109
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SUBDIVISION IMPROVEMENT AGREEMENT

by and between

CITY OF CHINO

and

CHINO PRESERVE DEVELOPMENT CORPORATION
111

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SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN

THE CITY OF CHINO
AND

CHINO PRESERVE DEVELOPMENT CORPORATION

Agreement Date: February 6, 2024

Subdivider Name: Chino Preserve Development Corporation

Subdivision Description: 10.53-acre subdivision consisting of 59 single-family residential units generally located south of Legacy Park Street between East Preserve Loop and Chino Corona Road in the Low-Density Residential land use designation area of The Preserve within Block 3.

Tentative Map No.: 20446-1

Estimated Total Cost of Improvements: $3,361,500.00

Estimated Total Cost of Monumentation : $10,105 (based upon the plans, including individual lots, subdivision boundary and public improvements).

Security:

Bond No.: ____________________

Surety: ___________________

024268410
The Ohio Casualty Insurance Company
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Designees for the Service of Written Notice:

CITY: SUBDIVIDER:

Jesus Plasencia
Assistant City Engineer

13220 Central Avenue
Chino, CA 91710

(909) 334-3417
[email protected]

Chino Preserve Development Corporation

c/o Darius Fatakia
Lewis Management Corporation
1156 N. Mountain Avenue
Upland, CA 91786

(909) 579-1229
[email protected]

CITY PROJECT INSPECTOR

Isaac Ortega
Permit & Inspection Supervisor

13220 Central Avenue
Chino, CA 91710

(909) 334-3501
[email protected]

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TABLE OF CONTENTS

1. Construction Obligations

1.1 Works of Improvement

1.2 Other Obligations Referenced in Conditions of Tentative Map Approval

1.3 Intent of Plans

1.4 Survey Monuments

1.5 Performance of Work

1.6 Changes in the Work

1.7 Defective Work

1.8 No Warranty by City

1.9 Authority of the City Engineer

1.10 Documents Available at the Site

1.11 Inspection

1.12 Compliance with Law; Applicable Standards for Improvements

1.13 Suspension of Work

1.14 Erosion and Dust Control and Environmental Mitigation

1.15 Final Acceptance of Works of Improvement

1.16 Vesting of Ownership

1.17 Subdivider’s Obligation to Warn Public During Construction

1.18 Injury to Public Improvements, Public Property or Public Utility

2. Time for Performance

2.1 Commencement and Completion Dates

2.2 Phasing Requirements

2.3 Force Majeure

2.4 Continuous Work

2.5 Reversion to Acreage

3. Labor

3.1 Labor Standards

3.2 Nondiscrimination

3.3 Licensed Contractors

3.4 Workers’ Compensation

4. Security

4.1 Required Security

4.2 Form of Security Instruments

4.3 Subdivider’s Liability

4.4 Letters of Credit

4.5 Release of Security Instruments

5. Cost of Construction and Provision of Inspection Service 114

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5.1 Subdivider Responsible for All Related Costs of Construction

5.2 Payment to City for Cost of Related Inspection and Engineering Services

5.3 Payment of Development Impact Fees

6. Acceptance of Offers of Dedication

7. Warranty of Work

8. Default

8.1 Default by Subdivider

8.2 Remedies

8.3 Remedies Not Exclusive

8.4 Attorney’s Fees and Costs

8.5 Waiver

9. Indemnity/Hold Harmless

10. Subdivider’s Indemnity of Project Approval

11. Insurance Requirements

12. Environmental Warranty

13. General Provisions

13.1 Successors and Assigns

13.2 No Third-Party Beneficiaries

13.3 No Vesting Rights

13.4 Subdivider is Not Agent of City

13.5 Time of the Essence

13.6 Notices

13.7 No Apportionment

13.8 Severability

13.9 Captions

13.10 Incorporation of Recitals

13.11 Interpretation

13.12 Entire Agreement; Waivers and Amendments

13.13 Counterparts

14. Authority

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1 SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (this “Agreement”) is entered into this 6th day of February 2024, by and between the CITY OF CHINO, a municipal corporation, organized and existing in the County of San Bernardino, under and by virtue of the laws of the State of California, (“CITY”), and Chino Preserve Development Corporation , a California corporation (Subdivider”).

RECITALS
A. Subdivider is the owner of and has obtained approval of a subdivision map identified as Tentative Tract Map No. 20446-1, (the “Map”), located in the City of Chino, County of San Bernardino, State of California (the “Property”), as described on Exhibit “A”. The Map requires Subdivider to comply with certain conditions of approval for the development of the Property (the “Conditions”) as described on Exhibit “B”.

D. Subdivider’s agreement to construct and install the Works of Improvement pursuant to this Agreement and its offer of dedication of the streets, easements and other improvements and facilities, as shown on the Map, are a material consideration to City in approving Final Map No. 20446-1 for the Property and permitting development of the Property to proceed.

1. Construction Obligations.

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2 1.2. Other Obligations Referenced in Conditions of Tentative Map Approval. In addition to the foregoing, Subdivider shall satisfy all of the Conditions on the Map for the Property. The Conditions associated with the Map are included in Exhibit “B” attached hereto.

1.4. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments as shown on Final Map No. 20446-1 in accordance with the provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City of Chino. Subdivider shall provide security for such obligation as provided in Section 4.1(a)(iii) and, after setting the monuments, Subdivider shall furnish the City Engineer written notice of the setting of said monuments and written proof of having paid the en gineer or surveyor for the setting of said monuments.

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3 1.7. Defective Work. Subdivider shall cause its contractor to repair, reconstruct, replace, or otherwise make acceptable any work found by the City Engineer to be defective.

Subdivider shall construct the Works of I mprovements in accordance with the City standards in effect at the time of the adoption of the Approved Tentative Map. City reserves the 118

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4 right to protect the public safety or welfare or comply with applicable Federal or State law or City zoning ordinances.

1.13. Suspension of Work. The City Engineer shall have authority to order suspension of the work for failure of the Subdivider’s contractor to comply with law pursuant to Section 1.12.

Final acceptance shall not constitute a waiver by the City Engineer of defective work subsequently discovered.

The date on which the Works of Improvement will be considered as complete shall be the date of the Notice of Acceptance.

1.16. Vesting of Ownership. Upon recordation of the Notice of Acceptance, ownership of the Works of Improvement shall vest in the City.
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5 1.17. Subdivider’s Obligation to Warn Public During Construction. Until recordation of the Notice of Acceptance , Subdivider shall give good and adequate warning to the public of any dangerous condition of the Works of Improvements, and shall take reasonable actions to protect the public from such dangerous condition. Until re cordation of the Notice of Acceptance, Subdivider shall provide forty-eight (48) hours’ advance written notice to all neighboring property owners and tenants affected by Subdivider’s operations or construction of the hours, dates and duration of any planned construction activities.

Any repair or replacement shall be to the reasonable satisfaction, and subject to the reasonable approval, of the City Engineer.

2. Time for Performance.

2.1. Commencement and Completion Dates . Subject to Section s 2.2 and 2.3 below, Subdivider shall (i) commence with construction and installation of the Works of Improvement thirty (30) days following City’s approval of the Plans (“Commencement Date”); and (ii) complete or cause to be completed all of the Works of Improvement within two (2) years after the Commencement Date. In the event good cause exists as determined by the City Engineer, the time for commencement of construction or completion of the Works of Improvement hereunder may be extended by up to three (3) additional one-year periods. Extensions shall be executed in writing by the City Engineer. The City Engineer in his or her sole discretion determines whether or not the Subdivider has established good cause for an extension. As a condition of such extension, the City Engineer may re quire Subdivider to furnish new security guaranteeing performance of this Agreement, as extended, in an increased amount to compensate for any increase in construction costs as determined by the City Engineer. If Subdivider requests and is granted an extension of time for completion of the improvements, City may apply the standards in effect at the time of the extension.

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6 are satisfied. Prior to issuance of building permits, Subdivider shall provide satisfactory evidence that all applicable requirements that are a condition to issuance of building permits have been satisfied. Such requirements may include the payment of fees, construction of improvements, or both. Final inspections or issuance of Certificates of Occupancy may be withheld from the Subdivider by the City, if, upon a determination by the City Engineer, completion of specific Works of Improvements or other requirements associated with the development of the Property have not been completed to the City Engineer’s satisfaction.

3. Labor.

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7 3.2. Nondiscrimination. In accordance with the California Fair Employment and Housing Act ( “FEHA”), California Government Code Section 12940 et seq. , Subdivider agrees that Subdivider, its agents, employees, contractors, and subcontractor performing any of the Works of Improvement shall not discriminate, in any way, against any person on the basis of race, ethnicity, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status . Subdivider shall expressly require compliance with the provisions of this Section in all agreements with contractors and subcontractors for the performance of this Agreement.

Subdivider shall provide the City Engineer with a list of all of its contractors and subcontractors prior to initiating any work, and all va lid Contractor ’s licenses and business licenses issued thereto as a condition of constructing the Works of Improvements.

4. Security.

4.1. Required Security.
(a) At the time Subdivider executes this Agreement, Subdivider shall furnish to City the following bonds, letters of credit, instruments of credit (assignment of deposit account) or other security acceptable to City in its sole and absolute discretion and sati sfying the requirements of the applicable provisions of this Section 4 below (hereinafter “Security Instruments”):
(i) A Security Instrument securing Subdivider ’s faithful performance of all of the Works of Improvement ( “Faithful Performance Security Instrument”), in the amount of $ 3,361,500.00 equal to 100% of the estimated construction cost referenced in Section 1.1.
(ii) A Security Instrument guaranteeing the payment to contractors, subcontractors, and other persons furnishing labor, materials, and/or equipment (“Labor and Materials Security Instrument ”) with respect to the Works of Improvement in an amount equal to $1,680,700.00 equal to 50% of the estimated construction cost referenced in Section 1.1.
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8 (iii) A Security Instrument guaranteeing the payment of the cost of setting monuments as required in Section 1.4 in the amount of $10,105 equal to 100% of the cost thereof.

This Agreement shall not be effective for any purpose until such Security Instruments are supplied to and approved by City in accordance herewith. (b) Required Security Instrument for Maintenance and Warranty . Prior to the City Council ’s acceptance of the Works of Improvement and recordation of a Notice of Completion, Subdivider shall deliver a Security Instrument warranting the work accepted for a period of one (1) year following said acceptance (“Maintenance and Warranty Security Instrument”), in the amount of $336,100.00 equal to 10% of the estimated construction cost set forth in Section 1.1 or a suitable amount determined by the City Engineer.

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9 instituted and maintained) in the City of Chino, State of California (and the Security Instrument shall so provide).
(ii) Each Security Instrument shall have a minimum term of one (1) year after the deadline for Subdivider ’s completing the Works of Improvement, in accordance with Section 2.1 (other than Instruments of Credit, which shall have no defined term or expiration date).
(iii) Each Security Instrument shall provide that changes may be made in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and without affecting the obligations under such Security Instrument.
(iv) If the Subdivider seeks to replace any security with another security, the replacement shall: (1) comply with all the requirements for security in this Agreement; (2) be provided by the Subdivider to the City Engineer; and (3) upon its written acceptance b y the City Engineer, be deemed a part of this Agreement. Upon the City Engineer’s acceptance of a replacement security, the former security shall be released by the City.

4.3. Subdivider’s Liability. While no action of Subdivider shall be required in order for City to realize on its security under any Security Instrument, Subdivider agrees to cooperate with City to facilitate City’s realization under any Security Instrument, and to take no action to prevent City from such realization of any Security Instrument. Notwithstanding the giving of any Security Instrument or the subsequent expiration of any Security Instrument or any failur e by any surety or financial institution to perform its obligations with respect thereto, Subdivider shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10) days after written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 4.

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10 control of the City, with no interest accruing thereon for the benefit of the Subdivider. If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as provided in the foregoing. Subdivider agrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein, and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City ’s security interest in such account.

5. Cost of Construction and Provision of Inspection Service.

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11 5.2. Payment to City for Cost of Related Inspection and Engineering Services .

Subdivider shall compensate City for all of City ’s costs reasonably incurred in having its authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Subdivider shall compensate City for all design, plan check, evaluating any proposed or agreed-upon changes in the work. The procedures for deposit and payment of such fees shall be as established by the City. In no event shall Subdivider be entitled to additional inspections or a final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections.

7. Warranty of Work. Subdivider shall guarantee all Works of Improvement against defective materials and workmanship for a period of one (1) year from the date of final acceptance. If any of the Works of Improvement should fail or prove defective within said one (1) year period due to any reason other than improper maintenance, or if any settlement of fill or backfill occurs, or should any portion of the Works of Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen (15) days a fter written notice of such defects, or within such shorter time as may reasonably be determined by the City in the event of emergency, shall commence to repair or replace the same together with any other work which may be damaged or displaced in so doing. Should Subdivider fail to remedy defective material and/or workmanship or make replacements or repairs within the period of time set forth above, City may make such repairs and replacements and the actual cost of the required labor and materials shall be chargeable to and payable by Subdivider. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law.

8. Default.

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12 (c) Subdivider’s failure to perform substantial construction work for a period for 20 consecutive calendar days after commencement of the work; (d) Subdivider’s insolvency, appointment of a receiver, or the filing of any petition in bankruptcy, either voluntary or involuntary, which Subdivider fails to discharge within 30 days;
(e) The commencement of a foreclosure action against the subdivision or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or (f) Subdivider’s failure to perform any other obligation under this Agreement.

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13 with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment.

Subdivider further agrees to protect, defend, indemnify and hold harmless City, its officials, boards and commissions, and members thereof, agents, and employees from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, acts or omissions of Subdivider, its agents, employees, contractors and subcontractors in the performance of this Agreement, except for such claims, demands, causes of action, liability or loss arising out of the active negligence or willful misconduct of the City, its officials, boards, commissions, the members thereof, agents and employees, including all claims, demands, causes of action, liability or loss because of or arising out of, in whole or in part, the design or construction of the improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said Subdivision, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design and construction of public drainage systems, streets and other improvements. City shall not be responsible for the design or construction of the proper ty to be dedicated or the improvements pursuant to the approved improvement plans or map, regardless of any negligent action or inaction taken by the City in approving the plans or map, unless the particular improvement design was specifically required by City over written objection by Subdivider submitted to the City Engineer befo re approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design.

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14 10. Subdivider’s Indemnity of Project Approval. Subdivider shall defend, indemnify, and hold harmless the City and its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the C ity, advisory agency, appeal board, or legislative body concerning the Subdivision. The City shall promptly notify the Subdivider of any claim, action, or proceeding and cooperate fully in the defense of any such claim, action, or proceeding. In the event City fails to promptly notify the Subdivider of any claim, action, or proceeding, or if the City fails to cooperate in the defense, the Subdivider shall not thereafter be responsible to defend, indemnify, or hold harmless the City. Nothing in this Section prohibits the City from participating in the defense of any claim, action, or proceeding if City bears its own attorney’s fees and costs and defends the action in good faith. Subdivider shall not be required to pay or perform any settlement unless the settlement is approved by the Subdivider.

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15 (i) This policy shall provide coverage for Workers ’ Compensation (Coverage A); and
(i) This policy shall provide coverage for $1,000,000 Employers’ Liability (Coverage B).
(ii) Pursuant to Labor Code section 1861, Subdivider by executing this Agreement certifies: “I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers ’ Compensation or to undertake self -insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract.”
(iii) Prior to commencement of work, the Subdivider shall file with the City’s Risk Manager a Certificate of Insurance or certification of permission to self-insure workers’ compensation conforming to the requirements of the Labor Code.
(d) Endorsements. All of the following endorsements are required to be made a part of each of the above-required policies as stipulated below:
(i) “The City of Chino, its officers, employees and agents are hereby added as additional insureds.”
(ii) “This policy shall be considered primary insurance with respect to any other valid and collectible insurance the City may possess, including any self- insured retention the City may have and any other insurance the City does possess shall be considered excess insurance only.” (iii) “This insurance shall act for each insured and additional insured as though a separate policy has been written for each. This, however, will not act to increase the limit of the insuring company.” (iv) “Thirty (30) days prior written notice of cancellation shall be given to the City of Chino in the event of cancellation and/or reduction in coverage, except that ten (10) days prior written notice shall apply in the event of cancellation for non -payment of premium. ” Such notice shall be sent to the Risk Manager at the address indicated in Subsection f below.
(v) Subsection d(iv ) hereinabove “Cancellation Notice ” is the only endorsement required of the Workers’ Compensation and Employers’ Liability policy.
(e) Admitted Insurers. All insurance companies providing insurance to the Subdivider under this Agreement shall be admitted to transact the business of insurance by the California Insurance Commissioner.
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16 (f) Proof of Coverage. Copies of all required endorsements shall be attached to the Certificate of Insurance which shall be provided by the Subdivider’s insurance company as evidence of the coverage required herein and shall be mailed to:

City of Chino
Risk Management
13220 Central Avenue
Chino, CA 91710

12. Environmental Warranty.

12.1. Prior to the acceptance of any dedications or Works of Improvement by City, Subdivider shall provide City with a written warranty in a form substantially similar to Exhibit “C” attached hereto and incorporated herein by reference, that:
(a) Neither the property to be dedicated nor Subdivider are in violation of any environmental law, and neither the property to be dedicated nor the Subdivider are subject to any existing, pending or threatened investigation by any federal, state or local governmental authority under or in connection with the environmental laws relating to the property to be dedicated.
(b) Neither Subdivider nor any other person with Subdivider’s permission to be upon the property to be dedicated shall use, generate, manufacture, produce, or release, on, under, or about the property to be dedicated, any Hazardous Substance except in compliance with all applicable environmental laws. For the purposes of this Agreement, the term “Hazardous Substances” shall mean any substance or material which is capable of posing a risk of injury to health, safety or property, including all those materials and substances designated as hazardous or toxic by any federal, state or local law, ordinance, rule, regulation or policy, including but not limited to, all of those materials and substances defined as “Toxic Materials” in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30 in effect as of the date of this Agreement and/or the date of the completion of the public improvements , or any other materials requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies in effect as of the date of this Agreement and/or the date of the completion of the public improvements.
(c) Subdivider has not caused or permitted the release of, and has no knowledge of the release or presence of, any Hazardous Substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. (d) Subdivider’s prior and present use of the property to be dedicated has not resulted in the release of any hazardous substance on the property to be dedicated.

12.2. Subdivider shall give prompt written notice to City of:
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17 (a) Any proceeding or investigation by any federal, state or local governmental (b) authority with respect to the presence of any hazardous substance on the property to be dedicated or the migration thereof from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. (c) Any claims made or threatened by any third party against City or the property to be dedicated relating to any loss or injury resulting from any hazardous substance; and
(d) Subdivider’s discovery of any occurrence or condition on any property adjoining or in the vicinity of the property to be dedicated that could cause the property to be dedicated or any part thereof to be subject to any restrictions on its ownership, occupancy, use for the purpose for which it is intended, transferability or suit under any environmental law.

13. General Provisions.

13.1. Successors and Assigns. This Agreement shall be binding upon all successors and assigns to Subdivider’s right, title, and interest in and to the Property and any portion thereof.

Subdivider hereby consents to City recording this Agreement as official records of San Bernardino County, affecting fee title interest to the Property to provide constructive notice of the rights and obligations incurred by Subdivider in the City ’s approval of this Agreement. In the event the Property is subsequently conveyed by Subdivider to a third party prior to completion of the Works of Improvement, whereby the third party is intended to assume Subdivider ’s responsibilities with regard to this Agreement, (the “Replacement Subdivider”), the rights and obligations of this Agreement shall transfer to the Replacement Subdivider; however, the Security Instruments required pursuant to Section 4 of this Agreement, and furnished by Subdivider as a condition of the City ’s approval of this Agreement, shall remain Subdivider ’s responsibility to maintain until such time as Subdivider and its Replacement Subdivider enter into a Transfer and Assignment of Subdivision Agreement, (the “Transfer Agreement ”), to acknowledge the transfer of fee title to the Property from the Subdivider to its Replacement Subdivider, and to acknowledge the rights and obligations associated with this Agreement upon the Replacement Subdivider, including Replacement Subdivider ’s responsibility to furnish replacement Security Instruments meeting the City ’s approval pur suant to Section 4 of this Agreement. Until such time as a Transfer Agreement, meeting the City’s approval, is executed by Subdivider and its Replacement Subdivider, and replacement Security Instruments meeting City’s approval are furnished by the Replacement Subdivider, Subdivider retains sole responsibility for maintaining all Security Instruments required pursuant to Section 4 of this Agreement.

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18 13.3. No Vesting Rights. Performance by the Subdivider of this Agreement shall not be construed to vest Subdivider’s rights with respect to any change in any zoning or building law or ordinance.

13.5. Time of the Essence. Time is of the essence of Subdivider ’s performance of all of its obligations under this Agreement.

Either party may provide a new designated representative and/or address by written notice as provided in this Section.

13.9. Captions. The captions of this Agreement are for convenience and reference only and shall not be used in the interpretation of any provision of this Agreement.

13.10. Incorporation of Recitals. The recitals to this Agreement are hereby incorporated into the terms of this Agreement.

13.11. Interpretation. This Agreement shall be interpreted in accordance with the laws of the State of California.

10-27-23
19 13.13. Counterparts. This Agreement may be executed in one or more counterparts, all of which taken together shall be deemed one original.

01225.0006/366470.2 A-1

EXHIBIT “A”
[attached]
137
138

01225.0006/366470.2 B-1
EXHIBIT “B”
TRACT MAP NO. 20446-1 WORKS OF IMPROVEMENT
A. Removal of undesirable, dangerous and dead plant materials and roots.