Agenda packet — Chino City Council, February 20, 2024 (part 1 of 4)

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 20, 2024

REGULAR MEETING
AGENDA
CLOSED SESSION – 4:00 PM
OPEN SESSION – 6:00 PM
_________________________________________________________________________________

CALL TO ORDER

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

CLOSED SESSION PUBLIC COMMENTS
This is the time and place for the general public to address the City Council about the closed session items. Ordinance No. 97 -08 (Chino Municipal Code Section 2.04.090) limits speakers to no more than five (5) minutes in which to address the Council, except as provided under Government Code 54954.3(b)(2).

CLOSED SESSION

1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION.

Pursuant to Paragraph (1) of Subdivision (d) of Government Code Section 54956.9:

Chino Basin Municipal Water District v. City of Chino, et. al. (Case No. RCVRS 51010).

2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation pursuant to Paragraph (4) of Subdivision (d) of Government Code Section 54956.9. Number of Cases: One Case

3. EXISTING LITIGATION: City of Chino v. Loring Winn Williams, et al. and related cross-complaint (San Bernardino Superior Court Case No. CIVDS 1827623). 1 CHINO CITY COUNCIL
FEBRUARY 20, 2024 2

4. EXISTING LITIGATION: Stubbie Barr v. City of Chino (San Bernardino Superior Court Case No.

CIVSB 2323286)

FLAG SALUTE

CEREMONIALS
Chino Youth Boxing Club Award Recipients. Recognition of the Chino Youth Boxing Club 2023 Award Recipients.

Eagle Scout Project. Recognition of Aidan Garcia, Boy Scout Troop #201 for his Eagle Scout Project at the Chino Community Theater.

REPORT OUT OF CLOSED SESSION

AGENDA ADDITIONS/REVISIONS

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).

PRESENTATIONS
OmniRide Presentation - Victor Cuate, Service Planning Manager, OmniTrans

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. 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.

3. Annual Adoption of City of Chino and Successor Agency Investment Policy. Adopt City Resolution No. 2024 -006 and Successor Agency Resolution No. 2024 -001 containing the City of Chino and Successor Agency Statement of Investment Policy.

4. Vendor Cap Increase - Eclipse Printing & Graphics, LLC., DBA James Litho. Approve a vendor cap increase with Eclipse Printing & Graphics, LLC., DBA James Litho, in the amount of $30,000 for a total not-to-exceed amount of $80,000 for printing services. 2 CHINO CITY COUNCIL
FEBRUARY 20, 2024 3

5. Hazard Mitigation Grant Program - Prepare CA Match. Authorize the acceptance of Hazard Mitigation Grant Program in the amount of $210,000, under the Prepare CA Match program, for the non-federal cost share to update the City of Chino's Local Hazard Mitigation Plan.

6. State of California Governor’s Office of Emergency Services Designation of Applicant’s Agent Resolution. Adopt Resolution 2024 -007 to approve the designation of the City Manager and Chief of Police as the City of Chino's agents to provide required assurances and execute agreements to obtain financial assistance for disaster aid.

7. Final Acceptance - Site Approval 2007 -07 (RVSA, LLC). Final acceptance of Public Improvements for Site Approval 2007 -07, as presented by RVSA, LLC, generally located on the northwest corner of Edison and Mountain Avenues.

8. Final Acceptance - Parcel Map No. 20058 (Ever Sun Investments, LLC ) Final acceptance of Public Improvements for Parcel Map No. 20058 and Site Approval PL18 -0113, as presented by Ever Sun Investments, LLC, located at 14468 Central Avenue on the northwest corner of Central and Eucalyptus Avenues.

9. Purchase Order - Plumbers Depot, Inc. Approve a purchase order for the purchase of a sewer main inspection camera with lateral launcher equipment for $136,392.

10. Notice of Completion - Yorba Sewer Main Replacement Project - SW211. Accept the Yorba Sewer Main Replacement Project (SW211), with MNR Construction, Inc., La Verne, CA, Contract No. 2022-260, as complete.

CONTINUED 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) Continue 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
3 CHINO CITY COUNCIL
FEBRUARY 20, 2024 4

NEW BUSINESS

12. City of Chino ADA Title II Self -Evaluation and Transition Plan. Final Approval and Adoption of the ADA Title II Self-Evaluation and Transition Plan.

Staff Report By: Lisa Almilli, Accessibility Coordinator RECOMMENDATION: Adopt Resolution No. 2024-005 for the approval and adoption of the City of Chino ADA Title II Self-Evaluation and Transition Plan.

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

13. Community Services, Parks & Recreation Commission Appointment. Approve appointment to the Community Services, Parks & Recreation Commission.

Staff Report By: Mayor Eunice M. Ulloa
RECOMMENDATION: Approve the appointment of Stephanie Mendoza to the Community Services, Parks & Recreation Commission.

Mayor Pro Tem Comstock
Council Member Burton

14. Community Support Fund - Council Member Burton. Approve community support fund contribution to Chino American Little League and Chino National Little League.

Staff Report By: Council Member Burton
RECOMMENDATION: Approve community support fund contributions to: Chino American Little League ($500) and Chino National Little League ($500).

Council Member Flores
Council Member Lucio

15. Community Support Fund - Council Member Lucio. Approve community support fund contribution to Chino Youth Boxing Foundation.

Staff Report By: Council Member Lucio
RECOMMENDATION: Approve community support fund contributions to Chino Youth Boxing Foundation ($1,000).

City Manager's Report
City Attorney's Report
Police Chief's Report
Fire Chief's Report
4 CHINO CITY COUNCIL
FEBRUARY 20, 2024 5

ADJOURN
The next Regular Meeting of the City Council will be held on Tuesday, March 5, 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 15, 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

COMMUNITY SERVICES, PARKS & RECREATION DEPARTMENT

CITY COUNCIL MEETING DATE: FEBRUARY 20, 2024

TO: LINDA REICH, CITY MANAGER
FROM: SILVIA AVALOS, DIRECTOR OF COMMUNITY SERVICES, PARKS &

RECREATION

SUBJECT
..titl e
Chino Youth Boxing Club Award Recipients.
..end

RECOMMENDATION
Recognition of the Chino Youth Boxing Club members who received various awards during 2023.
..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
 Commitment to Our Community

6 MEMORANDUM

CITY OF CHINO

COMMUNITY SERVICES, PARKS & RECREATION DEPARTMENT

CITY COUNCIL MEETING DATE: FEBRUARY 20, 2024

TO: LINDA REICH, CITY MANAGER
FROM: SILVIA AVALOS, DIRECTOR OF COMMUNITY SERVICES, PARKS &

RECREATION

SUBJECT
..titl e
Eagle Scout Project.
..end
..body

7 MEMORANDUM

CITY OF CHINO

FINANCE DEPARTMENT

CITY COUNCIL MEETING DATE: FEBRUARY 20, 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 769071 to 769237, and Electronic Fund Transfers 518689E to 518740E, totaling $4,151,215.97. ..body

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

Revenue:

Expenditure:

Transfer In: Transfer Out:
8 CITY COUNCIL MEETING DATE: FEBRUARY 20, 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. 769071 – 769076 1/18/24 23-24 $11,272.69

2. 769077 – 769236 1/25/24 23-24 $3,203,494.22

3. 769237 1/25/24 23-24 $2,551.00

4. 518689E – 518740E 1/26/24 23-24 $933,898.06

E: Electronic Fund Transfer
TOTAL $4,151,215.97

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

RB:hm
Attachment

9 Council Meeting 2/20/24

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

Check
Number
Check Date Vendor Name Description Amount
769096 01/25/2024 C P CONSTRUCTION CO INC KIMBALL AVE IMPROVEMENTS-PRESERVE $376,033.75 769104 CDW GOVERNMENT INC RENEWAL OF FIREWALLS $80,937.52 769111 CHINO VALLEY UNIFIED SCHOOL DISTRICT CVUSD CROSSING GUARDS $109,541.48 769134 GARLAND CO INC CITY HALL SOUTH ROOF MATERIAL $119,707.87 769166 MNR CONSTRUCTION, INC. YORBA & EUCALYPTUS SEWER PROJECT $1,279,340.08 769223 TRANSTECH ENGINEERS, INC. ON CALL CIP SERVICES $69,033.00 769230 WASTE MANAGEMENT COLLECTION SERVICES $427,944.75 769235 Z & K CONSULTANTS, INC. ON CALL CIP SERVICES $63,093.00 518701 01/26/2024 CIVICA LAW GROUP, APC LEGAL SERVICES $50,305.09 518720 HUITT-ZOLLARS INC PINE AVE. CONNECTOR PROJECT $143,987.89 518722 INLAND EMPIRE UTILITIES AGENCY NON-RECLAIMABLE WASTEWATER $90,399.86 518725 MIRACLE RECREATION EQUIPMENT CO INC CHINO RANCHO PK-PLAYGROUND EQUIP. $194,391.34 518739 WATER FACILITIES AUTHORITY IMPORTED WATER $308,167.50

13 TOTAL $3,312,883.13

10 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: FEBRUARY 20, 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.

 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:
11 CITY COUNCIL MEETING DATE: FEBRUARY 20, 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

12 Event Date Meeting Purpose
and Subject Matter
Location City Official
Attendees
February 15, 2024 League of California
Cities Inland Empire
and Riverside County
Division First Annual
Joint Meeting
San Bernardino, CA Mayor Pro Tem
Comstock
Council Member
Burton
Council Member
Flores

13 MEMORANDUM

CITY OF CHINO

FINANCE DEPARTMENT

CITY COUNCIL MEETING DATE: FEBRUARY 20, 2024

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

SUBJECT
..titl e
Annual Adoption of City of Chino and Successor Agency Investment Policy. ..end

RECOMMENDATION
Adopt City Resolution No. 2024 -006 and Successor Agency Resolution No. 2024 -001 containing the City of Chino and Successor Agency Statement of Investment Policy.

..body

FISCAL IMPACT
No 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. 14 CITY COUNCIL MEETING DATE: FEBRUARY 20, 2024
TITLE: ANNUAL ADOPTION OF CITY OF CHINO AND SUCCESSOR AGENCY INVESTMENT POLICY.

PAGE: 2

BACKGROUND
Per the City/Successor Agency Investment Policy, the City of Chino/Successor Agency is required to annually adopt a Statement of Investment Policy. The Statement of Investment Policy is designed to provide guidelines for the prudent investment of the temporarily idle cash of the City of Chino and Successor Agency and outlines the policies for maximizing the efficiency of the City’s cash management system.

ISSUES/ANALYSIS
The State of California issues the Local Agency Investment Guidelines in January of each year.

These guidelines include a summary of statutory changes made during the prior calendar year.

The Investment Advisory Committee met on February 12, 2024 to review the current Investment Policy considering regulatory changes noted in the Local Agency Investment Guidelines.

Based on a review of the updated guidelines and the current Statement of Investment Policy, no changes are needed to the current Investment Policy. Therefore, s taff recommends the City Council/Successor Agency to the Chino Redevelopment Agency adopt City Resolution No. 2024-006 and Successor Agency Resolution 2024 -001, adopting the Statement of Investment Policy.

Attachments: City Resolution No. 2024-006
Successor Agency Resolution No. 2024-001
Statement of Investment Policy

RB:hm

15 SUCCESSOR AGENCY RESOLUTION NO. SA 2024-001

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,

CALIFORNIA AS SUCCESSOR AGENCY TO THE CHINO

REDEVELOPMENT AGENCY OF THE CITY OF CHINO,

CALIFORNIA, ADOPTING A STATEMENT OF INVESTMENT
POLICY

WHEREAS, February 7, 2023, the Successor Agency to the Chino Redevelopment Agency of the City of Chino last adopted the Statement of Investment Policy; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO AS SUCCESSOR AGENCY TO THE CHINO REDEVELOPMENT AGENCY HEREBY RESOLVES AS FOLLOWS:

Section 1. The Statement of Investment Policy, attached hereto and incorporated herewith, is adopted as the Statement of Investment Policy of the Successor Agency to the Chino Redevelopment Agency.

Section 2. The policy of Resolution No. 1288, adopted on December 3, 1968, is reaffirmed in that the authority of the City Council to invest or to reinvest funds of the Successor Agency to the Chino Redevelopment Agency, or to sell or exchange securities so purchased, or to manage the City’s funds and securities is delegated by the City Council to the Agency Treasurer.

Section 3. The Agency Treasurer shall assume full responsibility for the decisions and transactions involving the investment and reinvestment of Agency funds, the sale or exchange of security so purchased and the management of Agency funds and securities until such time as this delegation of authority is revoked.

Section 4. The Agency Treasurer shall comply with the Statement of Investment Policy of the Successor Agency to the Chino Redevelopment Agency adopted by this Resolution.

Section 5. The Agency Treasurer shall report to the City Council, the City Manager and the City’s Auditor as required by the Statement of Investment Policy and all applicable laws.

Section 6. The Agency Treasurer shall render to the City Council and to the Investment Advisory Committee a Statement of Investment Policy each year which shall be considered for adoption by the City Council no later than its second regular meeting in February of each year.

Any changes to said policy shall be considered by the City Council at such a public meeting.

APPROVED AND ADOPTED THIS 20th day of February 2024.

By:

EUNICE M. ULLOA, MAYOR

ATTEST:

________________________________

NATALIE GONZAGA, CITY CLERK
16 SUCCESSOR AGENCY RESOLUTION NO. SA 2024-001
PAGE 2

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss.

CITY OF CHINO )

I, NATALIE GONZAGA, City Clerk of the City of Chino, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Chino at a regular meeting held on the 20th day of February 2024 by the following votes:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

By: _______________________________

NATALIE GONZAGA, CITY CLERK
17 RESOLUTION NO. 2024-006

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,

CALIFORNIA, ADOPTING A STATEMENT OF INVESTMENT
POLICY

WHEREAS, on February 7, 2023, the City Council of the City of Chino last updated the Statement of Investment Policy; and

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

Section 1. The Statement of Investment Policy, attached hereto and incorporated herewith, is adopted as the Statement of Investment Policy of the City of Chino.

Section 2. The policy of Resolution No. 1288, adopted on December 3, 1968, is reaffirmed in that the authority of the City Council to invest or to reinvest funds of the City of Chino, or to sell or exchange securities so purchased, or to manage the City’s funds and securities is delegated by the City Council to the City Treasurer.

Section 3. The City Treasurer shall assume full responsibility for the decisions and transactions involving the investment and reinvestment of City funds, the sale or exchange of security so purchased and the management of City funds and securities until such time as this delegation of authority is revoked.

Section 4. The City Treasurer shall comply with the Statement of Investment Policy of the City of Chino adopted by this Resolution.

Section 5. The City Treasurer shall report to the City Council, the City Manager and the City’s Auditor as required by the Statement of Investment Policy and all applicable laws.

Section 6. The City Treasurer shall render to the City Council and to the Investment Advisory Committee a Statement of Investment Policy each year which shall be considered for adoption by the City Council no later than its second regular meeting in February of each year. Any changes to said policy shall be considered by the City Council at such a public meeting.

APPROVED AND ADOPTED THIS 20th day of February 2024.

By:

EUNICE M. ULLOA, MAYOR

ATTEST:

________________________________

NATALIE GONZAGA, CITY CLERK

18 RESOLUTION NO. 2024-006
PAGE 2

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss.

CITY OF CHINO )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

By: _______________________________

NATALIE GONZAGA, CITY CLERK
19 1

CITY OF CHINO

STATEMENT OF INVESTMENT POLICY
ADOPTED FEBRUARY 20, 2024

1.0 POLICY:

This statement is intended to provide guidelines for the prudent investment of the temporarily idle cash of the City of Chino (City) and outline the policies for maximizing the efficiency of the City's cash management system. The ultimate goal is to enhance the economic status of the City, while protecting the investment corpus of pooled cash in accordance with applicable local, state, and federal laws.

2.0 SCOPE:

This investment policy applies to all financial assets and investment activities of the City, except for proceeds of debt issuance . Debt proceeds shall be invested in accordance with the “Permitted Investments” and/or investment provisions for each specific bond indenture and/or bond document.

The Policy applies to the following funds and is accounted for in the City’s annual audited financial statements.

A. General Fund
B. Special Revenue Funds
C. Debt Service Funds
D. Capital Improvement Funds
E. Enterprise Funds
F. Internal Service Funds
G. Successor Agency Funds
H. Any joint powers authority funds.

3.0 STANDARDS OF PRUDENCE:

The City Treasurer or Deputy City Treasurer authorized to make investment decisions on behalf of the City of Chino investing public funds pursuant to this policy are trustees and therefore fiduciaries subject to the prudent investor standard.

When investing, reinvesting, purchasing, acquiring, exchanging, selling, and managing public funds, the City Treasurer or Deputy City Treasurer shall act with care, skill, prudence, and diligence under the circumstances then prevailing, that a 20 2

prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency. Within the limitations of this section and considering individual investments as part of an overall strategy, the City Treasurer or a Deputy City Treasurer is authorized to acquire investments as authorized by law.

4.0 INVESTMENT OBJECTIVES:

When investing, reinvesting, purchasing, acquiring, exchanging, selling, and managing public funds, the primary objective of the City Treasurer or Deputy City Treasurer shall be to safeguard the principal of the funds under its control. The secondary objective shall be to meet the liquidity needs of the City. The third objective shall be to achieve a market average rate of return consistent with the primary objectives of safety and liquidity, throughout budgetary and economic cycles. At no time should safety or liquidity be compromised in exchange for higher yields.

1. Safety: The preservation of invested capital (principal) is of primary importance.

The City Treasurer or a Deputy City Treasurer shall only invest in investments that are considered safe. The safety and risk associated with an investment refers to the potential loss of principal, accrued interest, or a combination of these amounts. Each investment decision shall seek to ensure that capital losses are avoided.

2. Liquidity: The City's investment portfolio shall contain investments with a diversified mix of maturities in order to provide sufficient liquidity to meet projected operating cash requirements of the City.

3. Return on Investments: The City's investment portfolio shall be designed with the objective of obtaining a reasonable and competitive market rate of return taking into consideration risk constraints, prudent investment principles, and the cash flow characteristics of the portfolio.

5.0 AUTHORITY:

The authority to invest City funds is vested in the City Treasurer and any duly appointed deputy in accordance with Resolution No. 1288 of the City Council of the City of Chino. All investment decisions and investment of funds shall be made in full compliance with this policy, the California Government Code Sections 53600 et. seq., 21 3

and all other relevant state and federal requirements as well as any amendments or additions to such requirements.

Management responsibility for the investment of City funds is vested in the City Treasurer who shall prepare written procedures for the operation of the investment program and safekeeping of investment instruments consistent with this investment policy. The written procedures may provide for the delegation of authority to a Deputy City Treasurer who, upon assuming such office , shall become responsible for investment transactions. No person may engage in an investment decision except as permitted by this policy and by the procedures promulgated by the City Treasurer.

Prior to implementing such procedures, the City Treasurer shall submit them to the City Council for approval.

The Investment Advisory Committee is hereby established and it is vested with the authority to oversee the implementation of this policy and to recommend amendments of this policy to the City Council. The Committee is composed of two City Council Members, the City Manager, the City Treasurer, the Deputy City Treasurer, and one alternate City Council Member who shall serve only in the absence of the regular City Council Members. The Committee shall meet once every quarter and at such other times as may be called by the City Treasurer or either City Council Member. The City Treasurer shall be the chair of the Committee. The Committee may recommend the employment of a qualified investment advisor whose employment shall be determined by the City Council. The investment advisor shall advise the City Treasurer, the Committee and the City Council.

6.0 ETHICS AND CONFLICTS OF INTEREST:

Elected officials and employees of the City involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial decisions under the Political Reform Act and Government Code Section 1090 st esq. Elected officials and employees shall disclose to the City Manager any material interests in financial institutions that conduct business with the City, and they shall further disclose any personal investment position or financial asset that could be related to the performance of the City’s investment program. Elected officials and employees shall subordinate their personal investment transactions to those of the City particularly with regard to the time of purchases and sales.

22 4

Any firm proposing to provide any type of investment service to the City shall acknowledge their familiarity with the provisions of the Political Reform Act, Government Code Section 81000 et seq. and CA Code of Regulations 18110 et seq. and the provisions limiting contractual conflicts of interest under Government Code Section 1090 et seq. Any firm proposing to provide any type of investment service to the City shall also acknowledge their familiarity with and agree to abide by any Federal or State law, regulation, rule or policy pertaining to or limiting campaign contributions by such firms, their employees, spouses or agents.

All persons, firms, broker/dealers, financial institutions and advisors providing investment services or bond issue assistance shall disclose to the City Manager and the Treasurer all fee sharing, fee-splitting and commission arrangements with other entities or persons prior to the City agreeing to buy an investment or issue bonds.

7.0 AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS:

The City Treasurer shall select all security dealers and depositories subject to City Council approval. The City shall conduct its investment transactions with several competing, reputable security broker/dealers. The selection process shall focus on financial viability, knowledge, experience, and ethics in the fixed-income securities industry. The City Treasurer will maintain a list and a written agreement with financial institutions authorized to provide investment services subject to City Council approval.

All financial institutions and broker/dealers who desire to become qualified bidders for investment transactions must supply the City Treasurer with the following: audited financial statements, proof of National Association of Security Dealers certification, proof of state registration, completed broker/dealer questionnaire, and certification of having read the City's investment policy and depository contracts. The City Treasurer will conduct an annual review of the financial condition and registrations of qualified bidders.

8.0 AUTHORIZED AND SUITABLE INVESTMENTS:

Authorized and suitable investments shall mean and include any of the following securities to the extent the same are permitted by applicable federal and state code:

Direct Obligations of the United States of America, specifically U.S. Treasury bills and notes.

23 5

Direct Obligations of the U.S. Government Agencies, guaranteed directly or indirectly by the United States government and/or directly or indirectly by any of the following: Banks for Cooperatives, Federal Intermediate Credit Banks, Federal Home Loan Bank System, Export -Import Bank of the United States, Fe deral Financing Banks, Federal Land Banks, Federal Farm Credit Bank, Government National Mortgage Association, Farmers Home Administration, Federal Home Loan Mortgage Corporation, Federal National Mortgage Association, Federal Housing Administration, Student Loan Marketing Association, and the Resolution Funding Corporation.

Certificates of Deposit which are federally insured or fully collateralized by permitted investments as defined herein; issued by institutions which are either a nationally or state chartered bank, or thrift, or savings and loan.

Guaranteed Investment Contracts that meet the requirements of City / Successor Agency/joint powers authority bond documents may be utilized for the investment of those specific bond proceeds.

Banker's Acceptances which are issued by banks with a rating of "A" or higher by Standard and Poor's or Moody's at the time of investment, and do not exceed 180 days maturity.

Repurchase Agreements with any federally insured state or national bank of primary government bond dealer on the Federal Reserve reporting dealer list. All repurchase agreements must be covered by a master repurchase agreement. The term of such repurchase agreement may not exceed two weeks. The repurchase agreement must be 102% collateralized by U.S. Treasury securities that are free and clear of any third- party lien or claim. The collateral must be delivered to the custodian or third party acting as agent for the City.

Investment Pools including 1) Local Agency Investment Fund (State Pool) managed by the State of California, 2) Los Angeles County Pool, managed by the County of Los Angeles, and 3) Investment Trust of California (CalTrust), managed by Metropolitan West through a partnership between the California State Association of Counties and the League of California Cities.

Government Securities Money Market Fund(s) which invest only in U.S.

Government Securities, and the net asset value is stabilized at one dollar. The fund 24 6

shall have the highest ranking or the highest letter and numerical rating by not less than two of the three largest nationally recognized rating services.

Passbook Savings Account Demand Deposits in a nationally or state-chartered bank or federal savings and loan association in the State of California, fully insured by the Federal Deposit Insurance Corporation or the Federal Savings & Loan Insurance Corporation.

Sweep Accounts in a banking institution at which the City currently does business may be utilized for the temporary placement of funds. Such placement of funds is intended to be for a temporary period, not to exceed seven days. It is acknowledged that the individual investment instruments which comprise said sweep accounts may or may not conform to the City’s Statement of Investment Policy.

Specifically excluded as investments are: reverse repurchase agreements; longer-term U.S. Treasury, Agency, and corporate bonds with maturities exceeding five years; mortgage-backed securities; leveraged investments; derivatives of any kind at any time; and other investments not permitted under applicable government codes.

9.0 DIVERSIFICATION OF INVESTMENTS:

It is the City's policy to minimize portfolio risk by diversifying maturity, sector, and class allocations. Default risk shall be minimized by investing in an assortment of permitted investments as mentioned above. To minimize overall portfolio risk, the following not-to-exceed diversification goals shall guide the City's operating fund portfolio, based upon the portfolio structure at the time of purchase. Percentage limitations stated below will be calculated and applied at the time of purchase of the investment instrument. Not-to-Exceed-Limits stated below apply to the par value of the investments not the market value. Such limits shall also be within any requirements of state law.

Investment Type Not-To-Exceed Limit Other Restrictions

U.S. Treasury
Obligations
Notes and Bills No limit None

25 7

Direct Obligations of
U.S. Federal Agencies 50% Maximum of 40% of investment portfolio in any one agency.

Investment Type Not-To-Exceed Limit Other Restrictions

Certificates of
Deposit 20% The maximum amount with any
one institution may not exceed
$250,000, unless the institution
fully collateralizes the deposit
pursuant to Government Code
Section 53652 and related statutes,
in which case the maximum
amount with any one institution
may not exceed $5 million

Bankers Acceptances 10% The maximum amount with any
one issuer may not exceed $2
million.

Repurchase Agreements 10% Not to exceed $5 million per dealer. Mark to market at 102%.

Local Agency
Investment Fund $75 Million Limitations are established by the State Treasurer and revised
periodically. Current limit is $75
million.

Los Angeles
County Pool $100 Million None

Investment Trust
of California (CalTrust) $ 100 Million None

26 8

Investment Type Not-To-Exceed Limit Other Restrictions

Government Securities
Money Market Fund 10% The maximum amount with any
one diversified management
company is $2 million.

Demand Deposits no limit FDIC insured institutions.

Guaranteed Investment no limit
Contracts Can be utilized only for investment
of bond proceeds and only as
directed by the Official Statement
of bond issuance.

10.0 INVESTMENT POOLS:

Government sponsored investment pools (Pools) are permitted under California Government Code Section 53601 et seq. and an excellent short-term investment option for cash management facilities. These pools can provide safety, liquidity, and yield in a single diversified investment. However, thoughtful investigation and due diligence are required, both initially at time of purchase, and ongoing analysis to determine that the investment pool is being managed in a manner consistent with the objective of the Policy. The following guidelines include, but are not limited to:

A) Shall have attained the highest ranking or the highest letter and numerical rating provided by not less than two nationally recognized statistical rating organizations.

B) The Pools mark to market weekly at a minimum.

C) The Pool provides comprehensive, timely monthly reports which include detailed transaction listings, reports realized and unrealized gains and losses, provides accurate market values for each security, provides quality rating for 27 9

individual securities, takes delivery DVP, provides third party safekeeping of all investments, and for whom an audit is conducted annually by an independent auditor with no relationship to the Pool.

11.0 MONEY MARKET MUTUAL FUNDS

Money market mutual funds provide another safe, liquid and diversified investment option for the City’s surplus capital: however, certain conditions need to be met both initially and on an ongoing basis. The money market may only invest in US Government securities permitted under this policy and under California Government Code Section 53601 et seq. with final stated maturities of one year or less “Government Money Market Funds.”

In order to be an eligible money market investment under this section, the primary objective of the money market, as stated in the fund’s prospectus, is to maintain a constant $1.00 Net Asset Value (NAV). The following additional guidelines include, but are not limited to:

A) Only invests in US Government securities, and the weighted average maturity of the portfolio is less than 180 days.

B) The fund shall be registered with the SEC.

C) The fund shall have a minimum of $500 million in total asset size of portfolio at time of investment, and should not drop below this threshold.

D) The money market shall have attained the highest ranking or the highest letter and numerical rating provided by not less than two nationally recognized statistical rating organizations, and shall maintain these ratings for the duration of the investment.

12.0 COLLATERALIZATION:

All demand deposits, time deposits and repurchase agreements are to be fully collateralized with securities authorized by the California Government Code and the City.
28 10

The eligible collateral for repurchase agreements must be those investments authorized by Section 53651 of the California Government Code. The Treasurer may specify the type of eligible collateral for use in repurchase agreements. Eligible collateral must be in book entry form. Collateral is valued at current market plus accrued interest through the date of valuation.

A) The cost value (book value) of collateral pledged for demand deposits must at all time be equal to or greater than the amount on deposit, plus accrued interest, in accordance with the following ratio:

U.S. Treasury Securities 110%

B) The cost value (book value) of collateral pledged for repurchase agreements must at all time be equal to or greater than the par amount, plus accrued interest, with the following ratios:

U.S. Treasury Securities 102%
U.S. Government Agencies 102%
Cash (in immediately available funds) 100%

It is the policy of the City to require reports at least on a quarterly basis from institutions with which the Treasurer has pledged security interest. The Treasurer shall monitor the adequacy of collateralization to ensure that balances are collateralized in accordance with the ratios approved herein.

With regard to repurchase agreements, it is the policy of the City to initiate a margin call in the event pledged collateral falls below the appropriate ratio.

Collateralized investments and deposits often require substitution of collateral. Any broker or financial institution requesting substitution must contact the City through the City Treasurer, for approval in the event the counterparty to the transaction is not authorized under agreement with the City to make substitutions.

29 11

13.0 SAFEKEEPING AND CUSTODY:

The City Treasurer shall take possession of all of the City’s investment securities pursuant to Government Code Section 53601 which, in pertinent part, provides as follows:

“A local agency purchasing or obtaining any securities prescribed in this section, in a negotiable, bearer, registered, or nonregistered format, shall require delivery of the securities to the local agency, including those purchased for the agency by financial advisors, consultants, or managers using the agency’s funds, by book entry, physical delivery, or by third party custodial agreement. The transfer of securities to the counterpart bank’s customer book entry account may be used for book entry delivery. For purposes of this section “counterparty” means the other party to the transaction. A counterparty bank’s trust department or separate safekeeping department may be used for the physical delivery of the security if the security is held in the name of the local agency.”

14.0 MAXIMUM MATURITIES:

The average dollar weighted maturity of the total portfolio shall not exceed 2 years.

No investment shall have a maturity date in excess of 5 years from date of purchase without approval of the City Council prior to any such transactions. No more than 35% of the total portfolio shall be invested in instruments with maturities beyond 3 years at the time of purchase, and no more than 20% of the total portfolio shall be invested in instruments with maturities beyond 4 years at the time of purchase.

Maturities shall be staggered to minimize liquidity risk and to enhance the stability of incoming cashflows. At least 10% of the portfolio shall be invested in instruments which can be liquidated on one day's notice.

15.0 INTERNAL CONTROL:

The City Treasurer and Fiscal Services Manager shall establish procedures that separate the internal responsibility for management and accounting of the investment portfolio. An analysis by an external independent auditor shall be conducted annually to review internal controls, account activity and compliance with pol icies and procedures.

30 12

16.0 PERFORMANCE STANDARDS AND EVALUATION:

Investment performance is continually monitored and evaluated by the City Treasurer.

Investment portfolio reports are generated on a monthly basis and submitted to the City Manager and the Investment Advisory Committee. The investment portfolio reports are to be submitted within 30 days of the end of the reporting period.

The portfolio shall be designed to attain a market average rate of return comparable to the average one year U.S. Constant Maturity Treasury (CMT).

An annual audit of the City’s Investment Policy, practices, procedures and portfolio status will be conducted by an independent auditor. The auditor will provide the City Manager and City Council with written observations and recommendations regarding the adequacy of investment controls.

17.0 REPORTING:

The City Treasurer shall provide the City Council with monthly reports about the City's investments. These reports shall include, at a minimum, the following information for each type of investment held in the City's investment portfolio: the issuer; date of purchase; date of maturity; amount of investment; current market value; yield on investment; yield and total return on portfolio; income generated from investments; and a description of unusual investment activity or developments during the month for which the report is prepared.

The City Treasurer shall prepare such a report for each month. The City Treasurer shall deliver each monthly report to the Mayor and each City Council Member no later than thirty (30) calendar days after the close of the month for which each report is prepared.

In the event that an investment advisor is retained by the City Council, the investment advisor shall prepare and deliver a report for each month's investment activity as required herein to the City Treasurer in such time as to allow the City Treasurer to comply with the delivery times for each report required by this policy.

The City Treasurer may be relieved from that office in the event of any failure to comply with the reporting requirements of this policy.

31 13

18.0 INVESTMENT POLICY ADOPTION:

The City's investment policy shall be adopted annually by resolution by the City Council. The policy shall be reviewed annually by the City Treasurer and the City Council and any modifications made thereto shall be approved by the City Council.

GLOSSARY:

AGENCIES – Agencies of the Federal government set up to supply credit to various classes of institutions (e.g., S&L’s, small business firms, students, farmers, housing agencies, etc.) Examples include Federal Home Loan Mortgage Corporation (FHLMC), Federal National Mortgage Association (FNMA), Federal Home Loan Bank (FHLB) and Federal Farm Credit Bank (FFCB).

ASK/OFFER – The price at which securities are offered. (The price at which a firm will sell a security to an investor.)

BANKERS’ ACCEPTANCE (BA) – A draft or bill of exchange accepted by a bank or trust company. The accepting institution guarantees payment of the bill as well as the issuer.

BASIS POINT – One one-hundredth of a percent (i.e., 0.01%).

BEAR MARKET – A period of generally pessimistic attitudes and declining market prices.

BID PRICE – The price at which a broker/dealer will buy securities from an investor.

BOND EQUIVALENT YIELD – The basis on which yields on notes and bonds are quoted.

BOOK VALUE (COST VALUE) – The purchase price of the security as recorded on the City’s books.

BROKER/DEALER – An individual or firm acting as principal in a securities transaction.

BULL MARKET – A period of generally optimistic attitudes and increasing market prices.
32 14

CALLABLES – Securities that the issuer has the right to redeem prior to maturity.

CERTIFICATE OF DEPOSIT (CD) – A time deposit with a specific maturity evidenced by a certificate. Large denomination CD’s are typically negotiable.

CMT – Constant Maturity Treasury – An index of the average yield on United States Treasury securities adjusted to a constant maturity.

COLLATERAL – Securities, evidence of deposit or other property which a borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies.

COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) – The official annual report of the City. It includes five combined statements for each individual fund and account group prepared in conformity with Generally Accepted Accounting Principles (GAAP). It also includes supporting schedules necessary to demonstrate compliance with finance -related legal and contractual provisions, extensive introductory material, and a detailed Statistical Section.

CORPORATE MEDIUM TERM NOTE – A security issued by a corporation doing business in the U.S. with a maturity not to exceed five years.

COST VALUE (BOOK VALUE) – The purchase price of the security as recorded on the City’s books.

COUPON – a) The annual rate of interest that a bond’s issuer promises to pay the bondholder on the bond’s face value; b) a certificate attached to a bond evidencing interest due on a payment date.

DEBENTURE – A bond secured only by the general credit of the issuer.

DELIVERY VS. PAYMENT – Delivery of securities with a simultaneous exchange of money.

DEMAND ACCOUNT – An account with a commercial bank from which check withdrawals may be made at any time.

33 15

DERIVATIVES – Financial products that are dependent for their value on (or derived from) an underlying financial instrument, a commodity, or an index representing values of groups of such instruments or assets.

DISCOUNT – The difference between the cost price of a security and its maturity when quoted at lower than face value. A security selling below original price shortly after sale also is considered to be at a discount.

DIVERSIFICATION – Dividing investment funds among a variety of securities offering independent returns.

FEDERAL FUNDS RATE – Interest rate charged by one institution lending federal funds to another.

FEDERAL OPEN MARKET COMMITTEE (FOMC) – Consists of seven members of the Federal Reserve Board and five of the twelve Federal Reserve Bank Presidents. The President of the New York Federal Reserve Bank is a permanent member, while the other presidents serve on a rotating basis. The Committe e periodically meets to set Federal Reserve guidelines regarding purchases and sales of Government Securities in the open market as a means of influencing the volume of bank credit and money.

FINANCIAL ADVISOR – A firm or bank that acts in a financial advisory capacity with respect to a new issue of municipal securities pursuant to a written contract.

FISCAL AGENT – A financial institution with trust powers which acts in a fiduciary capacity for the benefit of the bondholders in enforcing the terms of the bond contract.

GOVERNMENTAL ACCOUNTING STANDARDS BOARD – The independent organization that establishes and improves standards of accounting and financial reporting for U.S. state and local governments.

INTERNAL RATE OF RETURN – Rate of return over the life of a security on variables.

LOCAL AGENCY INVESTMENT FUND (LAIF) – The aggregate of all funds from political subdivisions that are placed in the custody of the State Treasurer for investment and reinvestment.

34 16

MARKET VALUE – The price at which a security is trading, usually the liquidation value.

MASTER REPURCHASE AGREEMENT – A written contract covering all future transactions between the parties to repurchase -reverse, repurchase agreements that establishes each party’s rights in the transactions. A master agreement will often specify, among other things, the right of the buyer-lender to liquidate the underlying securities in the event of default by the seller borrower.

MONEY MARKET MUTUAL FUNDS – Open-ended mutual fund that invests in commercial paper, banker’s acceptances, repurchase agreements, government securities, certificates of deposit and other highly liquid and safe securities, and pays money market rates of interest. The fund’s net asset value remains a constant $1 share, with the interest rate increasing or decreasing.

NATIONALLY RECOGNIZED STATISTICAL RATING ORGANIZATION
(NRSRO) – A rating organization designated by the SEC as being nationally recognized.

OFFER PRICE – The price at which a broker/dealer will offer securities to an investor.

OPEN MARKET OPERATIONS – Federal Reserve activity. Under the Federal Reserve Act, the Fed uses purchases and sales of Government and Federal Agency securities to add to or subtract from commercial bank reserves. Goals are to sustain economic growth, high employment and reasonable price stability.

PAPER GAIN OR LOSS Term used for unrealized gain or loss on securities being held in a portfolio based on comparison of current market quotes and their original cost. This situation exists as long as the security is held while there is a difference between cost value (book value) and the market value.

PORTFOLIO – Collection of securities held by an investor.

PRIMARY DEALER – A group of government securities dealers that serve as trading counterparties of the New York Fed in its implementation of monetary policy.

This role includes the obligations to: (i) participate consistently in open market operations to carry out U.S. monetary policy pursuant to the direction of the Federal Open Market Committee (FOMC); and, (ii) provide the New York Fed’s trading desk with market information and analysis helpful in the formulation and implementation 35 17

of monetary policy. Primary dealers are also required to participate in all auctions of U.S. government debt and to make reasonable markets for the New York Fed when it transacts on behalf of its foreign official account holders.

RATE OF RETURN – The yield obtainable on a security based, on its purchase price or its current market price. This may be the amortized yield to maturity; on a bond, the current income return.

REPURCHASE AGREEMENT (REPO) – A holder of securities sells these securities to an investor with an agreement to repurchase them at a fixed price on a fixed date. The security “buyer” in effect lends the “seller” money for the period of the agreement, and the terms of the agreement are structured to compensate them for this.

REVERSE REPURCHASE AGREEMENT (REVERSE REPO) – A reverse- repurchase agreement (reverse repo) involves an investor borrowing cash from a financial institution in exchange for securities. The investor agrees to repurchase the securities at a specific date for the same cash value plus an agreed upon interest rate.

Although the transaction is similar to repo, the purpose of entering into a reverse repo is quite different. While a repo is a straightforward investment of public funds, the reverse repo is a borrowing.

SAFEKEEPING – The service provided by banks and trust companies for clients when the bank or trust company stores the securities, takes in coupon payments, and redeems issues at maturity.

SECURITIES & EXCHANGE COMMISSION (SEC) – Agency created by Congress to protect investors in securities transactions by administering securities legislation.

SEC RULE 15(C)3-1 – See Uniform Net Capital Rule.

36 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: FEBRUARY 20, 2024

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

SUBJECT
..titl e
Vendor Cap Increase - Eclipse Printing & Graphics, LLC., DBA James Litho. ..end

RECOMMENDATION
1) Approve a vendor cap increase with Eclipse Printing & Graphics, LLC. in the amount of $30,000 for a total not -to-exceed amount of $80,000, and 2) authorize the City Manager to execute the necessary documents on behalf of the City.

..body

FISCAL IMPACT
Sufficient funds are available in the Fiscal Year 2023-24 Administration Department budget.

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
 Public Service Excellence through Internal and External Partnerships  Commitment to our Community

Revenue: Click or tap here to enter text.

Expenditure: 1002040-43210-N2230
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 37 CITY COUNCIL MEETING DATE: FEBRUARY 20, 2024
TITLE: VENDOR CAP INCREASE - ECLIPSE PRINTING & GRAPHICS, LLC., DBA JAMES LITHO.

PAGE: 2

BACKGROUND
The Administration Department is responsible for providing and coordinating the public information, communications, and outreach activities of the City of Chino. City information is disseminated through various mediums and channels, including the City website and cable station (Chino Channel 3), social media, electron ic communications, print and other media ads, public displays, promotional items, and printed materials.

ISSUES/ANALYSIS
The City produces several newsletters to inform residents and the larger community of City operations, facilities, events, and iss ues. While most of these are distributed electronically, beginning in July 2023, a quarterly Chino Newsletter was printed for distribution at City facilities and events and via mail to all Chino households to expand and extend the City’s outreach to a broader population of the Chino community. Sufficient funds were included in the City’s FY 2023-24 budget to cover the anticipated newsletter printing costs.

In November 2023, the City Council appropriated additional funds totaling $103,000 for outreach efforts related to a proposed sales tax measure. These outreach efforts require the printing of informational materials related to the proposed sales tax, Measure V, on the March 5, 2024 ballot.

For the City to continue to use the current vendor for addition al printing services, staff recommends an increase in the vendor cap with Eclipse Printing & Graphics, LLC by $30,000 for a new total vendor cap amount not to exceed $80,000. This request requires no appropriation as the expenditures are within the adopted Fiscal Year 2023 -25 City of Chino budget.

38 MEMORANDUM

CITY OF CHINO

POLICE DEPARTMENT

CITY COUNCIL MEETING DATE: FEBRUARY 20, 2024

TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: KEVIN MENSEN, CHIEF OF POLICE

SUBJECT
..titl e
Hazard Mitigation Grant Program – Prepare CA Match.
..end

RECOMMENDATION
1) Authorize the acceptance of the Hazard Mitigation Grant Program funding in the amount of $160,000 and an additional $50,000 under the Prepare CA Match program for the non -federal cost share; 2) appropriate $210,000 from the unappropriated reserves of the General Fund with a corresponding increase to the General Fund revenues; 3) authorize the City Manager and the Chief of Police to execute all necessary documents related to the grant on behalf of the City. ..body

FISCAL IMPACT
Requires an appropriation of $2 10,000 to the General Fund with a corresponding increase to the General Fund revenues.

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:
 Positive City Image
 Financial Stability
 Responsible Long-Range Planning
 Public Service Excellence through Internal and External Partnerships

Revenue: 1004000-59500-G424D/G424E

Expenditure: 1004000-40010-G424D/G424E
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 39 CITY COUNCIL MEETING DATE: FEBRUARY 20, 2024
TITLE: HAZARD MITIGATION GRANT PROGRAM - PREPARE CA MATCH.

PAGE: 2

BACKGROUND
The Federal Emergency Management Agency’s Hazard Mitigation Grant Program (HMGP) provides funding to state, local, tribal, and territorial governments so that they can develop hazard mitigation plans and rebuild in a way that reduces, or mitigates, future disaster losses in their communities. Thi s grant funding is available after a presidentially declared disaster. In California, the HMGP funds are administered by the California Governor’s Office of Emergency Services (Cal OES) Hazard Mitigation Branch.

A non -federal cost share is required for al l subapplications funded under HMGP and may consist of cash, donated or third -party in-kind services, materials, or any combination thereof.

The non-federal cost share is 25%. Through its Prepare California Initiative, Cal OES has made additional funding available through its Prepare CA Match program to cover the non-federal cost share for FEMA HMGP activities.

A Local Hazard Mitigation Plan (LHMP) is required when applying for certain types of federal non-emergency disaster assistance. Local Hazard Mitigat ion Plans must be reviewed and updated every five years and formally adopted by the jurisdiction’s governing body to be eligible for projects funded under the Hazard Mitigation Assistance (HMA) or FEMA.

The City of Chino applied for HMGP funding in June 2023 to update its Local Hazard Mitigation Plan, which expired on May 23, 2023. The City of Chino recently received notification that its subapplication to update its LHMP has been approved, along with the Prepare CA Match.

ISSUES/ANALYSIS
On January 11, 2024, Cal OES notified the City of Chino that FEMA approved the City of Chino’s HGMP subaward application in the amount of $150,000 for the update of the LHMP and an additional amount of $10,000 for subrecipient management costs . The City of Chino was also approved for $50,000 in state funding under the Prepare CA Match program to cover the local cost share.

The City of Chino intends to hire a consultant to help update its current LHMP according to the most recent guidance, laws, and regulati ons. Once a consultant is procured, a Planning Team consisting of various City staff and community stakeholders will be assembled to assist with updating the plan and conducting community outreach. Once the planning process is complete, the LHMP will be su bmitted to Cal OES and FEMA for approval and to City Council for formal adoption of the plan. The entire project, from award to closeout, must be completed within 36 months.

Once the LHMP is approved, the City will be eligible to apply for future FEMA Assi stance Program funding to address mitigation issues identified in the LHMP.

Attachments – Grant Approval
HMA Notification to Subrecipients
FFATA Financial Disclosure
Cal OES 89 Form 10-2022
Grant Sub Award Face Sheet
Resolution 2020-16

40 3650 SCHRIEVER AVENUE  MATHER, CA 95655

RECOVERY FINANCIAL PROCESSING UNIT
(916) 845-8110
January 11, 2024
Denise School
Emergency Services Coordinator
Chino, City of
13220 Central Avenue
Chino, CA 91710
Subject: Notification of Subapplication Approval
Hazard Mitigation Grant Program – Prepare CA Match
FEMA-4683-DR-CA, Project #AP00984, FIPS #071-13210
Supplement #3

Dear Ms. School:

The California Governor’s Office of Emergency Services (Cal OES) received notification that the Federal Emergency Management Agency (FEMA) has approved your organization’s subaward application in the amount of $150,000.00. A copy of the FEMA award package is enclosed for your records.

Your organization’s subaward application has also been approved for $50,000.00 in state funding under the Prepare CA Match program.

In order to receive payment as a grant subrecipient, your organization must have the following on file with the Recovery Financial Processing Unit:
 A valid, current (approved within the last 3 years) Governing Body Resolution
 A Project Assurances for Federal Assistance agreement  A Grant Subaward Face Sheet (GSAFS). Please ensure that the individual who signs the GSAFS is designated by the Governing Body Resolution as an Authorized Agent for your organization.
 A current Federal Funding Accountability and Transparency Act (FFATA) Financial Disclosure form. This form must be submitted each fiscal year.  An active registration with the federal System for Award Management (SAM) website. The registration must remain active for the duration of this grant subaward.

For your convenience, this subapplication approval package includes the required post-obligation documents as well as guides to completing and renewing a SAM registration. Please complete the documents and mail copies to the address listed at the end of this letter, keeping the originals with your records.

GAVIN NEWSOM

GOVERNOR

NANCY WARD

DIRECTOR

41 Ms. School

Page 2 ends

3650 SCHRIEVER AVENUE  MATHER, CA 95655

RECOVERY FINANCIAL PROCESSING UNIT
(916) 845-8110
Alternatively, you may scan and email the completed documents to the Recovery Financial Processing Unit at [email protected].

Electronic copies of the post-obligation documents can also be requested at the same address.

Payments will be made on a reimbursement basis using the enclosed Hazard Mitigation Reimbursement Request Form. A ten percent (10%) retention will be withheld from all reimbursement payments and will be released as part of the subaward closeout process.

Reimbursements can be made only for items listed on the approved subaward application. Expenditures for any other work should be separately maintained and are the sole responsibility of the subrecipient. Any funds received in excess of current needs or approved amounts, or those found owed as a result of a final inspection or audit, must be refunded to the State within 30 days of receipt of an invoice from Cal OES.

When mailing documents to the Recovery Financial Processing Unit, please use the following address:

California Governor’s Office of Emergency Services
Attention: Recovery Financial Processing Unit
3650 Schriever Avenue
Mather, CA 95655
For further assistance regarding post-obligation documents or the reimbursement request process, please contact the Recovery Financial Processing Unit at (916) 845-8110 or at [email protected]. For program-related questions, please contact the Hazard Mitigation Grants Program Unit at (916) 328-7450.

Recovery Financial Processing Unit
Enclosures
c: Subrecipient’s Project File
*The Recovery Financial Processing Unit has universal Resolution No. 2020-016, passed on 4/7/2020, on file. Although this resolution is older than three years, it remains valid for DR4683, which was declared in January 2023. A copy of the resolution is included in this package for your review. With the written permission of an Authorized Agent, the resolution can be applied to this project. **The Recovery Financial Processing Unit has a current FFATA Financial Disclosure form on file for your organization. There is no need to resubmit the document to Cal OES for this fiscal year.
42 3650 SCHRIEVER AVENUE  MATHER, CA 95655

RECOVERY FINANCIAL PROCESSING UNIT
(916) 845-8110
January 11, 2024
Denise School
Emergency Services Coordinator
Chino, City of
13220 Central Avenue
Chino, CA 91710
Subject: Notification of Approval for Subrecipient Management Cost Funding Hazard Mitigation Grant Program – Prepare CA Match
FEMA-4683-DR-CA, Project #AP00984, FIPS #071-13210,
Supplement #3

Dear Ms. School:

The California Governor’s Office of Emergency Services (Cal OES) received notification that the Federal Emergency Management Agency (FEMA) has approved $10,000.00 in funding for subrecipient management costs (SRMC).

SRMC are costs incurred while administering a Hazard Mitigation grant subaward.

A copy of FEMA’s letter is enclosed for your records.

Payments are made on a reimbursement basis using the specialized Subrecipient Management Cost Reimbursement Request Form. Subrecipients are reminded to document their SRMC separately from direct project expenditures. To qualify for SRMC reimbursement, subrecipients must first incur and seek reimbursement for direct project expenditures via the specialized Project Expenditures Reimbursement Request Form. Reimbursement for SRMC is capped at five percent of a project’s cumulative direct project expenditures. Please note that your organization must maintain an active registration in the SAM.gov (System for Award Management) database for the duration of this grant subaward.

Please read the enclosed supplement. In accordance with Title 44 Code of Federal Regulations, Part 206.440, if you disagree with FEMA’s obligated amount or scope of work listed in the supplement, you can appeal. All appeals must be in writing and received by Cal OES within 60 days from the receipt of this letter.

If you have any questions or need assistance, please contact the Recovery Financial Processing Unit at (916) 845-8110 or at
[email protected].

Recovery Financial Processing Unit
Enclosures
c: Subrecipient’s Project File

GAVIN NEWSOM

GOVERNOR

NANCY WARD

DIRECTOR

43 Received
December 22, 2023
Financial Processing Unit
44 45
46 47
48 Hazard Mitigation Assistance - Notification to Subrecipients (Revised 9/2021) Page 1 of 5

HAZARD MITIGATION ASSISTANCE

NOTIFICATION TO SUBRECIPIENT

GRANT ADMINISTRATION PROCEDURES

1. PROCUREMENT/COMPETITIVE BIDS PROCESS
All contract/procurement transactions must be carried out in a manner consistent with financial administrative requirements found in Title 2 of the Code of Federal Regulations (2 CFR) Part 200.

2. ALLOWABLE COSTS AND REIMBURSEMENTS
Once the Federal Emergency Management Agency (FEMA) approves a total eligible activity cost and obligates funding, California Governor’s Office of Emergency Services (Cal OES) can process reimbursement requests for eligible activities. Payments are made on a reimbursement basis and funds will be disbursed for activities that are consistent with the approved scope of work. Activity expenditures will be reimbursed according to the Federal Share/Non-Federal Share percentage specified in the FEMA obligation letter. Additionally, Cal OES will withhold retention of 10% from each reimbursement request. The retention amount will be released to the subrecipient upon completion of the closeout process.

Reimbursement requests must be submitted to Cal OES on a Hazard Mitigation Reimbursement Request Form. The form must be signed by the subrecipient’s Designated Authorized Agent. Reimbursement Request Forms can be emailed to:

[email protected].

Alternatively, Reimbursement Request Forms can be mailed to:

California Governor’s Office of Emergency Services
Attn: Recovery/Hazard Mitigation Grants Processing Unit 3650 Schriever Avenue
Mather, California 95655
Should the subrecipient be able to complete this work for less than the maximum allowable costs, the subrecipient will be reimbursed at 75% of the actual costs. Any remaining funds will be deobligated. If activity costs exceed the maximum allowable costs, the subrecipient will be reimbursed at 75% of the FEMA approved activity cost.

3. COST OVERRUNS (HMGP Only)
Cost over-runs can be considered if available funding exists in the declared disaster. Non- construction subaward adjustments of more than 10 % in any direct cost categories, where the awarding Agency’s share exceeds $100,000, require a revision request. All construction cost adjustments that lead to the need for additional funds, and any changes to access contingency funds and re-budget to another direct cost category, require a revision request.

Potential cost over-runs should be explained by the subrecipient in the quarterly progress reports and may be verified by activity inspection. All cost over-runs must be requested 49 Hazard Mitigation Assistance - Notification to Subrecipients (Revised 9/2021) Page 2 of 5 before expenditure of costs in excess of the total approved activity costs, and the request must be signed by the subrecipient’s Designated Authorized Agent. All cost over-runs must be justified by the subrecipient and supported by a benefit cost analysis (BCA) prepared using the FEMA BCA Toolkit, if BCA is applicable to the project type. Unjustified over-runs will be denied by Cal OES.

Consult your Cal OES Grants Specialist when a potential cost overrun is identified. There is no guarantee that HMGP funds will be available to cover cost over-runs.

4. SCOPE OF WORK CHANGES
Any requests for changes to the approved scope of work must be consistent with program guidance and regulations, be signed by the subrecipient’s Designated Authorized Agent, and submitted to a Cal OES Grants Specialist. Pre-approval is required before the start of any activity not included in the approved scope of work. Costs associated with any activity that is not included in the approved scope of work are not eligible for reimbursement.

5. QUARTERLY REPORT PROCEDURES
Subrecipients are required to submit progress reports to Cal OES on a quarterly basis until the end of the approved performance period
The first Quarterly Report is due to Cal OES within 15 days of the end of the first quarter following the initial award. Quarterly Reports will thereafter be numbered consecutively by quarter and year (e.g. a 24 month project is required to submit 8 quarterly reports.) The following is the schedule for the Quarterly Reports:

First Reporting Period: January 1 - March 31 Report due by April 15 Second Reporting Period: April 1 - June 30 Report due by July 15 Third Reporting Period: July 1 - September 30 Report due by October 15 Fourth Reporting Period: October 1 - December 31 Report due by January 15 Quarterly Reports shall include, at a minimum:

A. The status and completion date for the activity funded, including any problem or circumstances affecting the completion date, scope of work, or costs which are expected to result in noncompliance with the approved grant subaward conditions.

B. A description of milestones completed in accordance with the work schedule provided by the subrecipient. The milestones declared in the subrecipient's work schedule will be applied as a standard of the activity’s progress.

The State Hazard Mitigation Officer and HMA staff will review the reports and forward a report to the FEMA Regional Administrator on the status of each grant subaward.

Cal OES may suspend reimbursements to subrecipients who are not current in the submission of quarterly progress reports. Reimbursement requests received for suspended grant subawards will be returned to the subrecipient. Completed Quarterly Reports should be emailed to the Cal OES Grant Specialist.
50 Hazard Mitigation Assistance - Notification to Subrecipients (Revised 9/2021) Page 3 of 5 Alternatively, Quarterly Reports must be sent to:

California Governor’s Office of Emergency Services
Attn: Hazard Mitigation Assistance Branch
3650 Schriever Avenue
Mather, California 95655

6. SITE VISITS
Cal OES reserves the right to inspect all activities and review documentation for compliance.

If site visits or documentation reveal problems in project performance, Cal OES shall require the subrecipient to correct the deficiencies before close-out.

7. PERFORMANCE PERIOD EXTENSIONS
All performance period extension requests must include the dates and circumstances of all previous extensions on this activity, a detailed explanation for the delay, and a revised activity work schedule. All performance period extension requests must be submitted to Cal OES and signed by the subrecipient’s Designated Authorized Agent. Any costs incurred outside of an approved performance period will not be considered eligible.

Extensions to the original performance period of up to twelve months may be granted by Cal OES upon written request from the subrecipient. If an extension is needed, a request must be submitted to Cal OES no less than 90 days prior to the end of the current approved performance period. Time extension requests received by Cal OES less than 90 days prior to the end of the current approved performance period may not be considered.

Extension requests must include:
 Verification that progress has been made as described in quarterly reports  Reason(s) for delay
 Current status of the activity/activities
 Current POP termination date and new projected completion date  Remaining available funds, both Federal and non-Federal  Budget outlining how remaining Federal and non-Federal funds will be expended  Plan for completion, including updated schedule
Cal OES will notify the subrecipient of FEMA’s determination.

8. ADMINISTRATIVE DOCUMENTS
The administrative documents included with this package must be completed, signed by an authorized representative of the subrecipient and received by Cal OES before any payments can be processed. These forms include:
 Applicant Agent Resolution (Cal OES 130),
 Project Assurances (Cal OES 89),
 2-101 Grant Subaward Face Sheet (PDM/FMA Only)
 2-101a Supplemental Grant Subaward Information (HMGP Only)  Federal Funding Accountability and Transparency Act – FFATA  SAM Number verification
 STD 204 Payee Data Record (for PNPs only)
51 Hazard Mitigation Assistance - Notification to Subrecipients (Revised 9/2021) Page 4 of 5 Completed forms can be emailed to: [email protected] Alternatively, completed forms can be mailed to:

California Governor’s Office of Emergency Services
Attn: Recovery/Hazard Mitigation Grants Processing Unit 3650 Schriever Avenue
Mather, California 95655

9. CLOSEOUT
Subrecipients must submit Closeout Packages to Cal OES a minimum of 30 days prior to the Period of Performance (POP) completion date of the subaward. All activity costs are subject to audit; therefore, retention of adequate documentation is required to verify the scope of work and the activity costs. All activity documentation must be retained by the subrecipient for three years from the date of the audit waiver letter, which is the closeout notification for the subrecipient. The documentation required is dependent on the type of activity. The package must include at least the following:
 Final Claim form
 Accomplishments and results report
 Budget summary
 Inspection Report (projects only)
 Planned Maintenance Activities Statement
 Project Photographs/Materials (projects only)
 Resolution of Adoption (plans only)

10. AUDITS
Cal OES may request an audit of any funds disbursed to a subrecipient at any time. Each subrecipient is required to provide reasonable and timely access to all records. Subrecipients who expend combined federal awards above $750,000 must submit audit reports consistent with the requirements of the Office of Management and Budget OMB Circular A-133. Such audits of subrecipients will be conducted in accordance with the requirements of the Single Audit Act.

11. MONITORING
To ensure compliance with applicable Federal and State laws and regulations, subrecipient activities shall be monitored. Any finding(s) and program deficiencies shall be resolved though viable corrective action plans. Monitoring is comprised of desk and field reviews, of specific subrecipient records, including supporting financial documentation.

12. APPEALS (HMGP Only)
Subrecipients may appeal any determination made by FEMA by submitting justification in writing to Cal OES within 60 days of the receipt of FEMA’s determination, including the monetary figure in dispute, provisions in Federal law, regulation, or policy that support their position.
52 Hazard Mitigation Assistance - Notification to Subrecipients (Revised 9/2021) Page 5 of 5 Cal OES will review the appeal material submitted, make any additional investigations necessary, and forward the appeal with a written recommendation to the FEMA Regional Administrator within 60 days.

The FEMA Regional Administrator will notify Cal OES of the disposition of the subrecipient’s appeal, or need for additional information, within 90 days following receipt of all related information.

If the Regional Administrator denies the appeal, the subrecipient may submit a second appeal to Cal OES. Cal OES will review the second appeal and may forward it with a written recommendation to the FEMA Deputy Associate Administrator through the FEMA Regional Administrator. Second appeals shall be submitted no later than 60 days after receipt of notice of the Regional Administrator’s denial of the first appeal. In cases involving appeals of a highly technical nature, the Deputy Associate Administrator may refer the appeal to an independent scientific or technical body for review. The Deputy Associate Administrator shall render a determination on the appeal within 90 days following receipt of all related information. The second appeal’s determination is final.

See Part 44 of the Code of Federal Regulations (44 CFR) Section 206.440. 53 54
STATE OF CALIFORNIA CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES OES--0 (Rev. 2022) Disaster No: Cal OES ID No: UEI No: SUBRECIPIENT’S NAME: (Name of Organization) PRIMARY MAILING ADDRESS: CITY: STATE: ZIP CODE: TELEPHONE: FAX NUMBER: CA ASSEMBLY DIST: CA SENATE DIST: U.S. CONGRESSIONAL DIST: Visitsos.ca.gov/elections/who-are-my-representatives to find your district number. AUTHORIZED AGENT: TITLE: EMAIL ADDRESS: Note: Certain of these assurances may not be applicable to all your projects. If you have questions, please contact the California Governor’s Office of Emergency Services. Further, certain federal assistance awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the subrecipient named above: 1. Has the legal authority to apply for federal assistance, and the institutional,managerial and financial capability (including funds sufficient to pay the non-federal share of project costs) to ensure proper planning, management, andcompletion of the project described in this application.2. Will give the awarding agency, the Comptroller General of the United States,Federal Office of Inspector General 2 CFR 200.336, and if appropriate, thestate, through any authorized representative, access to and the right toexamine all records, books, papers, or documents related to the assistance;and will establish a proper accounting system in accordance with generallyaccepted accounting standards or agency directives.Rev. 102022 OES-- 55 Rev. 102022 OES-0
STATE OF CALIFORNIA CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES OES- (Rev. 2022) 3. Will not dispose of, modify the use of, or change the terms of the real propertytitle, or other interest in the site and facilities without permission andinstructions from the awarding agency. Will record the federal interest in thetitle of real property in accordance with awarding agency directives and willinclude a covenant in the title of real property acquired in whole or in partwith federal assistance funds to assure nondiscrimination during the useful lifeof the project.4. Will comply with the requirements of the assistance-awarding agency withregard to the drafting, review and approval of construction plans andspecifications.5. Will provide and maintain competent and adequate engineeringsupervision at the construction site to ensure that the complete workconforms with the approved plans and specifications and will furnishprogress reports and such other information as may be required by theassistance awarding agency or state.6. Will initiate and complete the work within the applicable time frame afterreceipt of approval of the awarding agency.7. Will establish safeguards to prohibit employees from using their positions fora purpose that constitutes or presents the appearance of personal ororganizational conflict of interest, or personal gains.8. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C.§§ 4801 et seq.), which prohibits the use of lead-based paint in constructionor rehabilitation of residential structures.9.Will comply with all federal statutes relating to nondiscrimination. Theseinclude but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L 88-352) which prohibits discrimination on the basis of race, color, or nationalorigin; (b) Title IX of the Education Amendments of 1972, as amended (20U.S.C. §§ 1681-1683 and 1685-1686) which prohibits discrimination on the basisof sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29U.S.C. § 794) which prohibit discrimination on the basis of handicaps; (d) theAge Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-6107) whichprohibits discrimination on the basis of age; (e) the Drug Abuse Office andTreatment Act of 1972 (P.L. 93-255) as amended, relating to nondiscriminationon the basis of drug abuse; (f) the Comprehensive Alcohol Abuse andAlcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616)as amended, relating to nondiscrimination on the basis of alcohol abuse oralcoholism; (g) §§ 523 and 527 of the Public Health Service Act of 1912 (42U.S.C. 290 dd- 3 and 290 ee-3) as amended, relating to confidentiality ofalcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 56 Rev. 102022
STATE OF CALIFORNIA CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES OES-(Rev. 2022) 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental, or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made, and (j) the requirements on any other non-discrimination statute(s) which may apply to the application. 10. Will comply, or has already complied, with the requirements of Titles II and IIIof the Uniform Relocation Assistance and Real Property Acquisition PoliciesAct of 1970 (P.L. 91-646) which provides for fair and equitable treatment ofpersons displaced or whose property is acquired as a result of federal andfederally assisted programs. These requirements apply to all interests in realproperty acquired for project purposes regardless of federal participation inpurchases.11. Will comply with the flood insurance purchase requirements of Section 102(a)of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requiresrecipients in a special flood hazard area to participate in the program and topurchase flood insurance if the total cost of insurable construction andacquisition is $5,000 or more.12. Will comply with environmental standards which may be prescribed pursuantto the following: (a) institution of environmental quality control measuresunder the National Environmental Policy Act of 1969 (P.O. 91-190) andExecutive Order (EO) 11514; (b) notification of violating facilities pursuant toEO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation offlood hazards in floodplains in accordance with EO 11988; (e) assurance ofproject consistency with the approved state management programdeveloped under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.); (f) conformity of federal actions to State (Clean Air)Implementation Plans under Section 176(c) of the Clean Air Act of 1955, asamended (42 U.S.C. § 7401 et seq.); (g) protection of underground sources ofdrinking water under the Safe Drinking Water Act of 1974, as amended, (P.L.93-523); and (h) protection of endangered species under the EndangeredSpecies Act of 1973, as amended (P.O. 93-205).13. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 etseq.) related to protecting components or potential components of thenational wild and scenic rivers system.14. Will assist the awarding agency in assuring compliance with Section 106 ofthe National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO11593 (identification and preservation of historic properties), and theArcheological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.).OES- 57 STATE OF CALIFORNIA CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES OES--0 (Rev. 2022) Will comply with Standardized Emergency Management (SEMS)requirements as stated in the California Emergency Services Act,Government Code, Chapter 7 of Division 1 of Title 2, Section 8607.1(e) andCCR Title 19, Sections 2445, 2446, 2447, and 2448.Subrecipients expending $750,000 or more in federal grant funds annuallyare required to secure an audit pursuant to OMB Uniform Guidance 2 CFRPart 200, Subpart F. Will cause to be performed the required financial andcompliance audits in accordance with the Single Audit Act of 1984 and theSingle Audit Act Amendments of 1996.Will disclose in writing any potential conflict of interest to the Federalawarding agency or pass-through entity in accordance with §200.112.Will comply with all applicable requirements of all other federal laws,Executive Orders, regulations and policies governing this program.Has requested through the State of California, federal financial assistance tobe used to perform eligible work approved in the subrecipient application forfederal assistance. Will, after the receipt of federal financial assistance,through the State of California, agree to the following:The state warrant covering federal financial assistance will be depositedin a special and separate account and will be used to pay only eligiblecosts for projects described above.To return to the State of California such part of the funds so reimbursedpursuant to the above numbered application, which are excess to theapproved actual expenditures as accepted by final audit of the federalor state government.In the event the approved amount of the above numbered projectapplication is reduced, the reimbursement applicable to the amount ofthe reduction will be promptly refunded to the State of California.The non-Federal entity for a Federal award must disclose, in a timely manner,in writing to the Federal awarding agency or pass-through entity all violationsof Federal criminal law involving fraud, bribery, or gratuity violationspotentially affecting the Federal award §200.113. Failure to make requireddisclosures can result in any of the remedies described in §200.338 Remediesfor noncompliance, including suspension or debarment.Rev. 102022 OES- 58 STATE OF CALIFORNIA CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES OES- (Rev. 2022) “I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized by ____________________________________________________________ (Name of Organization) to enter into this agreement for and on behalf of said subrecipient, and by my signature do bind the subrecipient to the terms thereof.” PRINTED NAME SIGNATURE OF AUTHORIZED AGENT TITLE DATE Rev. 102022 OES- 59
FIPS # VS# Subaward #
2a. SAM UEI#:
(City) (Zip+4)
(Zip+4)
(Start Date) (End Date)
%
Item
Number
Grant
Year
Fund
Source A. State B. Federal C. Total D. Cash Match E. In-Kind Match F. Total Match G. Total Cost

8. 9.

10. 11.

12. Total Project Cost
Name: Title:

City: Zip Code+4:

Signature: Date:
(Date) (Date)
(FOR Cal OES USE ONLY)
I hereby certify upon my personal knowledge that budgeted funds are available for the period and purposes of this expenditure stated above. (Cal OES Fiscal Officer) (Cal OES Director or Designee) to

13. Certification - This Grant Subaward consists of this title page, the application for the grant, which is attached and made a part hereof, the Assurances/Certifications, and any attached Special Conditions. I hereby certify I am vested with the authority to enter into this Grant Subaward, and have the approval of the City/County Financial Officer, City Manager, County Administrator, Governing Board Chair, or other Approving Body. The Subrecipient certifies that all funds received pursuant to this agreement will be spent exclusively on the purposes specified in the Grant Subaward. The Subrecipient accepts this Grant Subaward and agrees to administer the grant project in accordance with the Grant Subaward as well as all applicable state and federal laws, audit requirements, federal program guidelines, and Cal OES policy and program guidance. The Subrecipient further agrees that the allocation of funds may be contingent on the enactment of the State Budget.

14. CA Public Records Act - Grant applications are subject to the California Public Records Act, Government Code section 7920 et seq. Do not put any personally identifiable information or private information on this application. If you believe that any of the information you are putting on this application is exempt from the Public Records Act, please attach a statement that indicates what portions of the application and the basis for the exemption. Your statement that the information is not subject to the Public Records Act will not guarantee that the information will not be disclosed.

15. Official Authorized to Sign for Subrecipient:

Payment Mailing Address:

16.Federal Employer ID Number:

7. Indirect Cost Rate (please circle): N/A 10% de minimis Federally Approved ICR (if applicable):

3. Implementing Agency Address:
(Street)

4. Location of Project:
(City) (County)

5. Disaster/Program Title: 6. Performance/
Budget Period:

2. Implementing Agency:

The California Governor's Office of Emergency Services (Cal OES) hereby makes a Grant Subaward of funds to the following:

1. Subrecipient: 1a. SAM UEI#:
(Cal OES Use Only)
Cal OES #

CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES

GRANT SUBAWARD FACE SHEET
Grant Subaward Face Sheet Cal OES 2-101
071-13210-00 071-13210 DR4683-AP00984
Chino, City of
Prepare CA Match
2021 GF $50,000.00 $50,000.00
2024 HMGP $160,000.00 $160,000.00
$50,000.00 $160,000.00 $210,000.00 $0.00 $0.00 $0.00 $210,000.00 11/21/2023 02/20/2026
Chino, City of
RGVNGHJR3NV5
RGVNGHJR3NV5
13220 Central Avenue Chino 91710-4127
Chino San Bernardino 91710-4127
City ManagerDr. Linda Reich
13220 Central Avenue Chino 91710-4127
95-0930239
2/21/2024
60 Blank1. Subrecipient
1Bla.a n Fkederal SAM ID Number
(Subrecipient)
Blank2. Implementing Agency
2Bla.a n Fkederal SAM ID Number
(Implementing Agency)
Blank3. Implementing Agency
Address
Blank4. Location of Project
Blank5. Disaster/Program Title
Blank6. Performance/
Budget Period
Blank7. Indirect Cost Rate
Blank8A. - 12G. Fund Allocations
and Total Project Cost
Blank13. Certification Paragraph
Blank14. CA Public Records Act
BlankThe Subrecipient is the unit of government or community based organization (CBO) that will have legal responsibility for these grant funds (e.g. County of Alameda, City of Fresno or Women’s Place of Merced). Enter the legal name of the Subrecipient that is registered with the Internal Revenue Service (IRS). PLEASE NOTE: that all CBOs must be registered, active, and current with the IRS, Department of Justice (DOJ), and Secretary of State (SOS) websites. Failure to be current will result in funds being withheld from Cal OES.

BlankEnter the subrecipient's twelve digit Unique Entity ID number provided by the federal System of Award Management (SAM) database. This requirement applies to federally funded grants only. This registration must be current and active in SAM for the duration of your Award.

EBlnatnerk the complete name of the agency responsible for the day-to-day operation of the grant (e.g.

Sheriff, Police Department, or Department of Public Works). If the Implementing Agency is the same as the Subrecipient, enter the same title again.

BlankEnter the Implementing Agency's twelve digit Unique Entity ID number provided by the federal System of Award Management (SAM) database. This applies to federally funded grants only. This registration must be current and active in SAM for the duration of your Award.

EBlnatnerk the address of the Implementing Agency. Provide the complete nine digit zip code (Zip+4).

EBlnatnerkthe City and County/Operational Area where the project is located. Provide the complete nine digit zip code (Zip+4).

BlankEnter the name of the Disaster or Program providing the funds for this Grant Subaward. A disaster may be referred by the federal declaration number. Program titles should be complete without the use of acronyms.

BlankEnter beginning and ending dates of the performance and expenditure period for the Grant Subaward. (mm/dd/yyyy)
IBnladinckate whether you are using the 10% de Minimis rate based on Modified Total Direct Costs (MTDC) or your current cognizant agency approved indirect cost rate agreement. A copy of the approved ICR Negotiating Agreement must be enclosed with your application. Indicate N/A if you will not be claiming indirect costs under the award.

Indirect costs may or may not be allowable under all Federal fund sources .

BlankFor each fund source used in the program, select the correct grant year and acronym from the drop down lists, the amount of state or federal funds requested, the amount of cash and/or in-kind match contributed and the resulting totals. Please do not enter both state and federal on the same line. The Total project cost row should correspond to the total project cost specified in the budget.

BPlleanakse review the Certification Paragraph.

BPlleanakse review, and if applicable, provide the necessary documentation.

Blank Blank15. Official Authorized to sign
for the Subrecipient
Provi
Blank16. Federal Employer ID
Number
Blank
de the name and title of the person who is the Official Authorized to enter into the Grant Subaward for the Subrecipient, listed on #1 of the Grant Subaward Face Sheet (Cal OES 2-101). Enter the Payment Mailing Address where grant reimbursements will be mailed and provide the complete nine digit zip code (Zip+4).

BlankEnter the nine digit Federal Employer Identification Number (no hyphen) for the Implementing Agency.

Blank
Grant Subaward Face Sheet Instructions
Cal OES Section: The top portion of the form contains blocks for four (4) important numbers. Please do not fill in these blocks. These numbers will be entered by Cal OES. Please print the Grant Subaward Face Sheet in portrait format.

Provide the signature of the authorized official. The use of white out or tape is prohibited and will invalidate the signature on the Grant Subaward Face Sheet.

Grant Subaward Face Sheet Cal OES 2-101 61
Received
September 11, 2023
Financial Processing Unit
62 63
071-13210-00
64 65

MEMORANDUM

CITY OF CHINO

POLICE DEPARTMENT

CITY COUNCIL MEETING DATE: FEBRUARY 20, 2024

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

SUBJECT
..titl e
State of California Governor’s Office of Emergency Services Designation of Applicant’s Agent Resolution.
..end

RECOMMENDATION
Adopt Resolution No. 2024 -007 approving the designation of the City Manager and Chief of Police as the City’s authorized agents to provide required assurances and execute agreements to obtain financial assistance from the Federal Emergency Management Agency (FEMA) and the State of California Governor’s Office of Emergency Services (Cal OES) for disaster aid; approving the corresponding Cal OES Form 130; and authorizing the City Manager to file the Cal OES Form 130 with Cal OES and submit all related documentation. ..body

FISCAL IMPACT
Adopting Cal OES Form 130 will allow the City of Chino to receive reimbursement funds for eligible disaster-related costs.

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:
 Financial Stability
 Responsible Long-Range Planning
 Public Service Excellence through Internal and External Partnerships

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. 66 CITY COUNCIL MEETING DATE: FEBRUARY 20, 2024
TITLE: STATE OF CALIFORNIA GOVERNOR’S OFFICE OF EMERGENCY SERVICES DESIGNATION OF APPLICANT’S AGENT RESOLUTION.

PAGE: 2

BACKGROUND
The California Office of Emergency Services (Cal OES) Designation of Applicant's Agent Resolution (Cal OES Form 130) delineates the agent(s) authorized to submit applications for federal financial assistance under Public Law 93 -288 (as amended by the Rober t T. Stafford Disaster Relief and Emergency Assistance Act of 1988) as well as state financial assistance under the California Disaster Assistance Act. Among others, the specified agents are authorized to act on the City of Chino’s behalf and provide Cal O ES all necessary documents for financial assistance. To receive funding, all applicants must submit a Cal OES Form 130.

ISSUES/ANALYSIS
Cal OES requires the applicant’s (City) governing body (City Council) to approve a resolution that designates the City ’s agent(s). Designated agents are authorized to engage with appropriate federal agencies and Cal OES for applicable financial assistance.

The California Governor’s OES requires that a Cal OES Form 130 be on file for non -state agencies to receive emergency -related funding. To make certain the City is eligible for emergency financial assistance, City staff recommends the City Council designate the City Manager and Chief of Police as the authorized agents. This will allow both individuals to act on the City’s behalf and apply for federal and state disaster financial assistance. In taking this action, the Council will ensure the City can quickly receive necessary resources during emergency responses. Additionally, it is important to note that the proposed Cal O ES Form 130 covers all emergencies and will be in effect for three years.

Attachments – Cal OES Form 130
Resolution 2024-007

67 DESIGNATION OF APPLICANT'S AGENT RESOLUTION FOR
-Federally declared Disaster (DR), Fire Mitigation Assistance Grant (FMAG),California State Only Disaster (CDAA), Immediate Services Program (ISP), HazardMitigation Grant Program (HMGP), Building Resilient Infrastructure andCommunities (BRIC), Legislative Pre-Disaster Mitigation Program (LPDM), -- Flood Mitigation Assistance Program (FMA)- National Earthquake Hazards Reduction Program (NEHRP) - California Early Earthquake Warning (CEEW) OES- Rev. 2022 68
Please check the appropriate box below

CERTIFICATION
OES-- Rev. 2022 69
Cal OES Form 130 Instructions A Designation of Applicant’s Agent Resolution for Non-State Agencies is required of all Applicants to be eligible to receive funding. A new resolution must be submitted if a previously submitted resolution is older than three (3) years from the last date of approval, is invalid, or has not been submitted. Resolution Section: Governing BodyName of ApplicantAuthorized Agentand OES-- Rev. 2022 70
Checking Universal or Disaster-Specific Box:Governing Body Representativecannot Certification Section: Name and Titlecannot OES-- Rev. 2022 71
RESOLUTION NO. 2024-007

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA, ADOPTING CAL OES FORM 130, DESIGNATION

OF SUBRECIPIENT'S AGENT FOR NON -STATE RESOLUTION

AGENCIES, DESIGNATING AUTHORIZED AGENTS OF THE CITY

OF CHINO FOR CALIFORNIA OFFICE OF GOVERNOR'S

EMERGENCY SERVICES PUBLIC ASSISTANCE GRANTS

WHEREAS; the California Governor's Office of Emergency Services (CAL OES) requires a Designation of Subrecipient's Agent Resolution for Non-State Agencies (Cal OES Form 130) to be on file for the purpose of obtaining certain Federal and/or State financial assistance and;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CH INO, CALIFORNIA, DOES HEREBY FIND, DETERMINE, AND RESOLVE, AS FOLLOWS:

SECTION 1. The City Council adopts the Designation of Applicant's Agent Resolution for Non- State Agencies (CAL OES Form 130) attached hereto as Attachment " A," designating the City Manager and Chief of Police as Authorized Agents for the City of Chino.

BE IT FURTHER RESOLVED that the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

ADOPTED THIS 20TH DAY OF FEBRUARY, 2024.

EUNICE M. ULLOA, MAYOR

ATTEST:

NATALIE GONZAGA, CITY CLERK

72 RESOLUTION 2024-007

Page 2 of 2 ends

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF CHINO )

I, Natalie Gonzaga, City Clerk of the City of Chino, do hereby certify that the foregoing Resolution was duly adopted by the City Council at a regular meeting held on the 20th day of February, 2024, by the following votes:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

NATALIE GONZAGA, CITY CLERK

73 MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: FEBRUARY 20, 2024

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

SUBJECT
..titl e
Final Acceptance - Site Approval 2007-07 (RVSA, LLC).
..end

RECOMMENDATION
1) Accept public improvements as complete for Site Approval 2007-07 and Special Conditional Use Permit 2007-12; 2) authorize the release of the performance bond and initiate the warranty bond; and 3) authorize the City Manager to execute the necessary documents on behalf of the City.
..body

FISCAL IMPACT
There are suff icient funds included in the City’s Operating Budget to support the ongoing maintenance activities related to the public improvements being accepted.

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: 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. 74 CITY COUNCIL MEETING DATE: FEBRUARY 20, 2024
TITLE: FINAL ACCEPTANCE - SITE APPROVAL 2007-07 (RVSA, LLC).

PAGE: 2

BACKGROUND
In 2018, the Planning Commission re -approved Site Approval 2007-07 and Special Conditional Use Permit 2007 -12 to construct a 313 -space RV storage facility and a 384 square -foot RV storage leasing office on 7.19 acres of land in the Edison Easement land use designation of the East Chino Specific Plan area (“Project”). The Project is generally located on the northwest corner of Edison and Mountain Avenues (Exhibit A).

The City Council originally certified the Project’s Final Environmental Impact Report and approved the General Plan Amendment and East C hino Specific Plan Amendment in 2015.

Shortly thereafter, third -party petitioners filed a legal dispute in California Superior Court challenging the City Council’s decision to certify the Final Environmental Impact Report and its approval of the General Pl an Amendment and East Chino Specific Plan Amendment for the Project. Based upon the Court’s ruling, all previous approvals by the Planning Commission and City Council associated with the Project were determined to be invalid until such time the environmental deficiencies could be resolved.

While the Environmental Impact Report and legislative items were being challenged, RVSA, LLC (the “Applicant”) decided to proceed with the Project. Upon the Planning Commission’s re - approval of the Project on February 2 1, 2018, the City Council certified the Project’s Final Environmental Impact Report (as amended) and approved the General Plan Amendment and East Chino Specific Plan Amendment on March 18, 2018.

The Conditions of Approval for this Project required the Ap plicant to complete certain public improvements along the project’s frontage, which include, but are not limited to, curb and gutter, driveway approach, sidewalk, storm drain lateral, domestic water lateral, recycled water lateral, sewer lateral, and street light relocation. The public improvements necessitated the execution of a Public Improvement Agreement and the posting of securities that were approved by the City Council on December 5, 2018 (Exhibit B).

Construction of the public improvements began in January 2019. During construction, the Applicant discovered that work performed by the contractor was substandard in some instances and needed to be re -constructed and that subcontractors were not being paid. As a result, the Applicant re -bid the work and acquired a new prime contractor to complete the public improvements, resulting in construction delays.

The public improvements were completed by the end of October 2019. Then in January 2020, City staff issued a punch list describing all remaining items to be completed by the Applicant before closing out the project. At that point, the Applicant worked on completing punch list items for an extended time. In addition, there was a delay in reassigning the project after the City experienced staff turnover, which led to minimal communication between the City and the Applicant for an extended period.

The project was reassigned to a new staff member early last year and an updated punch list was immediately issued to the Applicant. Since then, staff has been w orking with the Applicant to address all remaining items, which include the submittal of documents such as as -built drawings and a sidewalk easement. In addition, there were field related items they needed to address including repair and cleanup work associated with the parkway landscape.

The City of Chino Infrastructure/Streets Committee received an explanation regarding the delays in completing this project at a regular committee meeting held on January 31, 2024, 75 CITY COUNCIL MEETING DATE: FEBRUARY 20, 2024
TITLE: FINAL ACCEPTANCE - SITE APPROVAL 2007-07 (RVSA, LLC).

PAGE: 3

during which time staff had indicated that the project would be considered for acceptance by the City Council at an upcoming meeting.

ISSUES/ANALYSIS
The public improvements described above are being accepted by the City of Chino as complete and have been constructed to the satisfaction of the City Engineer. Exhibit C, titled “Infrastructure Exhibit”, shows the public improvements being accepted.

All public improvements that were part of the condition of the Project were fully funded by the Applicant/Developer.

Security for a one -year warranty period has been submitted to the City. Under the warranty bond obligation, the developer will correct any defe cts found within one year of the City Council’s acceptance of the Project. Also, upon completion and final acceptance, the public improvements shall become the sole exclusive property of the City to operate and maintain. The following maintenance obligatio ns will commence following acceptance of the public improvements:

Domestic Water Lateral: By the property owner
Recycled Water Lateral: By the property owner
Storm Drain Lateral: By the property owner
Public Street Sweeping: By the City
Public Streetlights: By the City
Landscaping: By the property owner

Attachment: Exhibit A - Project Location Map
Exhibit B - Fully Executed Public Improvement Agreement & Bonds Exhibit C - Infrastructure Exhibit

76 EXTRA
EXTRA

EXHIBIT 'A' - SITE PLAN

EDISON AVENUE

MOUNTAIN AVENUE
0 SCALE: 1"=100'
100 200 300
77 Contract No.: . 019 06
Approval: it 15 / 20 l g #/(„

PUBLIC IMPROVEMENT AGREEMENT
by and between

CITY OF CHINO
and

RVSA, LLC
11- 2017 DS
78 PUBLIC IMPROVEMENT AGREEMENT BETWEEN

THE CITY OF CHINO
AND

RVSA, LLC
Agreement Date: December 5th, 2018
Developer Name: RVSA, LLC ( hereinafter " Developer")
Project No./ Approval Date: Site Approval 2007- 07 ( Parcel Map 15808, Parcel No. 11) approved on February 21st, 2018 by the Planning Commission and on March 20th, 2018 by the City Council ( hereinafter" Project")
Improvement Plans ( hereinafter" Plans") Approved On:
o Grading — 06/ 16/ 16
o Traffic Control — 09/ 19/ 16
o Sewer— 11/ 01/ 16
o Water— 11/ 01/ 16
o Streetlight— 11/ 1/ 16
o Recycled Water— 06/ 01/ 16
Estimated Total Cost of Improvements: $ 116, 000. 00 ( including curb, gutter, driveway approach, storm drain tie- in, water tie- in, recycled water tie- in, sewer tie- in, and street light relocation) Security:

Bond No.: 0750547
Surety: International Fidelity Insurance Company
79 Designees for the Service of Written Notice:

CITY: DEVELOPER:

Christopher L. Magdosku RVSA, LLC
City Engineer Attn: Mike Newman
13220 Central Avenue 960 N. San Antonio Rd., Ste. 114
Chino, CA 91710 Los Altos, CA 94022
909) 334- 3417 605) 209- 3232

CITY PROJECT INSPECTOR SURETY
Ronnie Hernandez International Fidelity Insurance Company Permit & Inspection Supervisor
13220 Central Avenue
Chino, CA 91710
909) 334- 3433
80 TABLE OF CONTENTS

1. Construction Obligations 1

1. 1 Works of Improvement

1. 2 Other Obligations Referenced in Conditions of 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 Inspection3
1 . 12 Compliance with Law; Applicable Standards for Improvements 1 . 13 Suspension of Work3

1. 14 Erosion and Dust Control and Environmental Mitigation

1. 15 Final Acceptance of Works of Improvement

1. 16 Vesting of Ownership

1. 17 Developer' s Obligation to Warn Public During Construction

1. 18 Injury to Public Improvements, Public Property or Public Utility

2. Time for Performance 5

2. 1 Commencement and Completion Dates

2. 2 Phasing Requirements

2. 3 Force Majeure

2. 4 Continuous Work

3. Labor 6

3. 1 Labor Standards

3. 2 Nondiscrimination

3. 3 Licensed Contractors

3. 4 Workers' Compensation

4. Security 7

4. 1 Required Security

4. 2 Form of Security Instruments

4. 3 Developer' s Liability

4. 4 Letters of Credit

4. 5 Release of Security Instruments
81 5. Cost of Construction and Provision of Inspection Service 10

5. 1 Developer Responsible for All Related Costs of Construction

5. 2 Paymentto Cityfor Costof RelatedInspectionand EngineeringServices

5. 3 Payment of Development Impact Fees

6. Acceptance of Offers of Dedication 10

7. Warranty of Work 10

8. Default 11

8. 1 Default by Developer

8. 2 Remedies

8. 3 Notice of Violation

8. 4 Remedies Not Exclusive

8. 5 Attorney' s Fees and Costs

8. 6 Waiver

9. Indemnity/ Hold Harmless 12

10. Developer' s Indemnity of Project Approval 13

11. Insurance Requirements 13

12. Environmental Warranty 15

13. General Provisions 16

13. 1 Successors and Assigns

13. 2 No Third- Party Beneficiaries

13. 3 No Vesting Rights

13. 4 Developer 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 19

4. 3 Developer's Liability4. 4
Lettersof Credit 4. 5
Releaseof Security Instruments
82 PUBLIC IMPROVEMENT AGREEMENT
THIS PUBLIC IMPROVEMENT AGREEMENT ( this " Agreement") is entered into this
5th
day of December, 2018, 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 RVSA, LLC (" DEVELOPER").

RECITALS
A. Developer is the owner of certain real property located in the City of Chino, County of San Bernardino, State of California ( the " Property"), as described on Exhibit " A", which Developer proposes to develop and construct certain works of improvement thereon, as hereafter set forth.

B. Developer has applied for and received conditional approval from the City to construct public improvements for one ( 1) lot located at the northwest corner of Mountain and Edison Avenues ( the " Project").

C. The City desires to assure that said improvements proposed for the Project will be constructed in a good workmanlike manner and in accordance with all applicable laws, statues, ordinances, resolutions and regulations now in force and effect in the City of Chino and the State of California, all of which are incorporated herein.

D. The Developer acknowledges familiarity with the various requirements for public improvements contained in the Chino Municipal Code and agrees to comply therewith.

COVENANTS
Based upon the foregoing Recitals which are incorporated herein by reference and in consideration of City' s site plan or other entitlements for the Property and permitting development of the Property to proceed, Developer agrees to timely perform all of its obligations as set forth herein.

1. Construction Obligations.

1. 1. Works of Improvement. Developer 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 as 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 $ 116, 000. 00.

1. 2. Other Obligations Referenced in Conditions of Tentative Map Approval. In addition to the foregoing, Developer shall satisfy all of the other Conditions associated with the 1 of 20
83 Project and 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 Developer 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. Developer shall complete a functional or operable improvement or facility, even though the Plans may not specifically call out all items of work required for Developer' 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, Developer 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.

Developer recognizes that the Plans 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 work. Without the City Engineer' s prior written approval, no change shall be made by Developer 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, Developer shall place survey monuments in accordance with the provisions of the State Subdivision Map Act, the Subdivision Ordinance of the City of Chino, and any other applicable law. Developer shall provide security for such obligation as provided in Section 4. 1( a)( iii) and, after setting the monuments, Developer shall furnish the City Engineer written notice of the setting of said monuments and written proof of having paid the engineer or surveyor for the setting of said monuments.

1. 5. Performance of Work. Developer shall furnish or cause to be furnished all materials, labor, tools, equipment, utilities, transportation, and incidentals required to perform Developer' 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, mayorder extraworkor may makechangesby alteringor deletingany portionof the Works of Improvement as specified herein or as deemed necessary or desirable 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 Engineershall notify Developeror its contractorin writing by CorrectionNotice) at the time a determinationhas been madeto requirechangesin the work. No field changes performed or proposed by Developer or its contractor shall be binding on City unlessapprovedin writingby the City Engineer. The City and Developermay mutually agree upon changes to the Works of Improvement, subject to the security requirements in Section 4.
2 of 20
84 1 .7. Defective Work. Developer 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 Developer or its consultants or contractors, and City makes no representation or warranty, express or implied, to Developer 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 Developer and its contractor.
1 . 10. Documents Available at the Site. Developer 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. Developer 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 Developer, or its design engineer, and Developer' s contractor( s) regarding the Works of Improvement.

Developer 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 Developer' 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 Developer' 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 site. 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 Developer 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, Developer 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 Developer 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 Developer shall also give all necessary notices and pay all fees and taxes as required by law. 3 of 20
Engineer. The City
and Developermay mutuallyagreeupon changesto the Worksof Improvement, subject to the security
requirementsin Section
85 Developershallconstructtheimprovementsin accordancewiththeCitystandardsin effectat the time of the adoptionof this Agreement. City reservesthe rightto protectthe public safety or welfare or comply with applicable Federal or State law or City zoning ordinances.

1. 13. Suspensionof Work. TheCityEngineershallhaveauthorityto ordersuspension of the work for failure of the Developer's contractorto complywith law pursuantto Section

1. 12. In case of suspensionof work for any causewhatsoever, Developerand its contractor shall be responsiblefor all materialsand shallstorethem properlyif necessary, and shall providesuitableinterimdrainageand/ordustcontrolmeasures, anderecttemporarystructures 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 prescribereasonablecontrolson 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 requirements, 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 Developer's contractor has completed all of the Works of Improvement, Developer 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 thisAgreementor anyof therequirementscontainedor referencedherein, Citywillinformthe Developer or its contractor of such items. After the Developer's contractor has completed these items, the procedure shall then be the same as specified above for the Developer'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 Developeror its contractor, as a conditionto performingfurtherfield inspections, to submitin 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. Developer shall be responsiblefor paymentto CityEngineerof re-inspectionfeesinthe amountnecessaryto coverthe City's costsfor additionalfinal inspections, as determinedby the CityEngineer.

No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construedas final acceptanceof any part untilthe overallfinal acceptanceby the City Engineer is made. The City Engineer shall make a certification of completion and acceptance ontheWorksof Improvementby recordationof a Noticeof Acceptanceon behalfof theCity.

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.
4 of 20
s of Improvement, subjectto the security
requirementsin
Section4. 2
86 1.16. VestingofOwnership. UponrecordationoftheNoticeofAcceptance, ownership of theWorksof Improvementshallvest in the City.

1. 17. Developer' s Obligation to Warn Public During Construction. Until recordation of theNoticeof Acceptance, Developershallgivegoodandadequatewarningto thepublicof any dangerousconditionof the Works of Improvements, and shall take reasonableactionsto protect the public from such dangerous condition. Until recordation of the Notice of Acceptance, Developer shall provide forty- eight ( 48) hours' advance written notice to all neighboring property owners and tenants affected by Developer' s operations or construction of the hours, dates and duration of any planned construction activities.

1. 18. Injuryto Public Improvements, PublicPropertyor Public Utility. Until recordation oftheNoticeofAcceptanceoftheWorksof Improvement, Developerassumesresponsibility for the care and maintenanceof, and any damageto, the Works of Improvements. Developer shall replaceor repairall 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 Developer, prior to the recordation of the Notice of Acceptance. Developer shall bear the entire cost of such replacement or repairs regardless of what entity owns the underlying property. Any repair or replacementshall beto the satisfaction, and subjectto the 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 Sections 2.2 and 2.3 below, Developer 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. Inthe eventgoodcauseexistsas determinedby 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 Developer has established good cause for an extension. As a condition of such extension, the City Engineer may require Developer 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 Developer 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 5 of 20Section4.
2 of 20
87 relating to the timely provision of public services and facilities. In addition to whatever other remedies the City may have for Developer' s failure to satisfy such phasing requirements, as the same now exist or may be amended from time to time, Developer acknowledges City' s right to withhold the issuance of further building permits on the Property until such phasing requirements are satisfied. Prior to issuance of building permits, Developer 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 Developer 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, Developer' 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 Developer, including to the extent applicable adverse weather conditions, flood, earthquakes, strikes, lockouts, acts or failures to act of a public agency ( including City), required 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 Developer or its contractor detailing the grounds for Developer's claim to a right to extend its time for performance hereunder. The City Engineer shall evaluate all claims to Force Majeure 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), Developer 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.

3. Labor.

3. 1. Labor Standards. This Agreement is subject to, and Developer 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. Developer 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.

3. 2. Nondiscrimination. In accordance with the California Fair Employment and Housing Act (" FEHA"), California Government Code Section 12940 et seq., Developer agrees that Developer, 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 6 of 20
88 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. Developer 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. Developer 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 Developer' s contractors and subcontractors shall obtain a valid City of Chino business license prior to performing any work pursuant to this Agreement. Developer 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. Developer 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 Developer executes this Agreement, Developer 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 satisfying the requirements of the applicable provisions of this Section 4 below ( hereinafter " Security Instruments"):
i) A Security Instrument securing Developer' s faithful performance of all of the Works of Improvement (" Faithful Performance Security Instrument"), in the amount of $ 116, 000. 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 58, 000. 00 equal to 50% of the estimated construction cost referenced in Section 1. 1.
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, Developer shall deliver a Security Instrument warranting 7 of 20
ance with the provisionsof this Section in all agreements with contractorsand subcontractorsfor the performanceof the Worksof Improvement.3. 2.

Nondiscrimination. In accordancewith the CaliforniaFair Employmentand HousingAct ("FEHA"), CaliforniaGovernment Code Section12940et seq., Developer agreesthat Developer, its agents, employees, contractors, and subcontractorperforming
anyof the Worksof Improvementshall not discriminate, in any way, against any person on the basis of 6 of 20
89 the work accepted for a period of one ( 1) year following said acceptance Maintenance and Warranty Security Instrument"), in the amount of $ 11, 600. 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 Developer is in default under its payment or performance obligations hereunder or in the event Developer 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 Developer' 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 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 Developer' s completing the Works of Improvement, in accordance with Section 2. 1 ( other than 8 of 20
loper
shall delivera Security Instrumentwarranting 7 of 20 ance with the provisions of this Section
in all agreements with contractors and subcontractorsfor the performance of the Works of Improvement. 3. 2. Nondiscrimination. In accordancewith the California Fair Employment andHousing Act (" FEHA"), CaliforniaGovernment Code Section12940et seq., Developeragrees that Developer, its agents, employees, contractors, and subcontractorperforminganyof the Works of Improvementshall
not discriminate, in any way, against any person on the basis of 6 of20
90 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 Developer 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 Developer to the City Engineer; and ( 3) upon its written acceptance by the City Engineer, be deemed a part of this Agreement. Upon the City Engineer' s acceptance of a replacement security, the former security may be released by the City.

4. 3. Developer' s Liability. While no action of Developer shall be required in order for City to realize on its security under any Security Instrument, Developer 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 failure by any surety or financial institution to perform its obligations with respect thereto, Developer 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 control of the City, with no interest accruing thereon for the benefit of the Developer. 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. Developer agrees and hereby grants City a security 9 of 20
ance with the California FairEmploymentand HousingAct ("FEHA"), CaliforniaGovernmentCode Section 12940et seq.,
Developeragrees that Developer, its agents, employees, contractors, and subcontractorperforming anyof theWorksof
Improvement shall notdiscriminate, in any way,
against any
personon the
91 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) Developer 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) Developer 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, Developer has provided a statutory bond, or otherwise as required by applicable law.
b) City shall release the Maintenance and Warranty Security Instrument upon Developer' 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. Developer Responsible for All Costs of Construction. Developer shall be responsible for payment of all costs incurred for construction and installation of the Works of Improvement. In the event Developer 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 Developer and City prior to construction of the Works of Improvement.
10 of 20
replacementletterof credit.b) In the eventof draw by theCity on a letter of credit, the City may elect, in
its soleand absolutediscretion, to applyany such funds drawnto the obligationssecuredby suchletter of creditor to holdsuch fundsin an accountunderthe control of the City, with no interestaccruingthereonfor the benefit of the Developer.

If theCity electsto hold thefundsin an accountpursuantto the foregoing, City may thereafterat any time electinstead to apply suchfundsas providedin the foregoing. Developeragreesand herebygrantsCity a security9 of 20 ancewith the CaliforniaFair EmploymentandHousingAct ("FEHA"), CaliforniaGovernmentCode Section12940 et seq., Developeragreesthat Developer, its agents, employees, contractors, and subcontractorperforming anyof the
Works of Improvementshall notdiscriminate, in any way, against anypersonon the basisof 6
of 20
92 5. 2. Payment to City for Cost of Related Inspection and Engineering Services.

Developer 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, Developer 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 Developer 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.

5. 3. Payment of Development Impact Fees. Developer shall pay Development Impact Fees pursuant to and in accordance with Chino Municipal Code Chapter 3. 40 and Chapter

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 approvals for the Project, with acceptance to become effective upon completion and acceptance by City of the Works of Improvement.

7. Warranty of Work. Developer 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, Developer, 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 Developer 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 Developer. 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 Developer. Default by Developer shall include, but not be limited to:
a) Developer' s failure to timely commence construction of Works of Improvement under this Agreement;
b) Developer' s failure to timely complete construction of the Works of Improvement;
11 of 20
e fundsin an account
pursuant to the foregoing, City maythereafterat any timeelectinstead to applysuch funds as providedin theforegoing. Developeragreesand herebygrantsCity a security 9 of 20 ance with the CaliforniaFair Employmentand HousingAct (" FEHA"), CaliforniaGovernment
Code Section12940et seq., Developeragreesthat Developer, its agents, employees, contractors, and subcontractorperformingany
of the Worksof Improvementshall not discriminate, in any way, againstany personon the
basis of 6 of 20
93 c) Developer' s failure to perform substantial construction work for a period for 20 consecutive calendar days after commencement of the work; d) Developer' s insolvency, appointment of a receiver, or the filing of any petition in bankruptcy, either voluntary or involuntary, which Developer fails to discharge within 30 days;
e) The commencementof a foreclosure action against the Property or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or f) Developer's failure to perform any other obligation under this Agreement.

8. 2. Remedies. The City reservesall remediesavailableto it at law or in equityfor a default or breach of Developer's obligationsunder this Agreement. The City shall have the right, subjectto this Section, to draw uponor usethe appropriatesecurityto mitigatethe City's damagesin the eventof defaultby Developer. The City's rightto drawuponor usethe 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 Developer'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 Developerfails to cure any defaultunderthis Agreementwithin 20 days after the City mailsa notice of such default to the Developer and the Developer's surety, Developer authorizes the City to performthe obligationfor which Developeris 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 Developer. In such event, City, without liability for doing so, may complete the Works of Improvement using any of Developer' 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. Notice of Violation. The Developer's failure to comply with the terms of this Agreement constitutes Developer's consent for the City to file a notice of violation against the Property.

8. 4. Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to City for a default by Developer hereunder, the Developer agrees that the choice of remedy or remedies for Developer'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. 5. Attorney' s Fees and Costs. In the event that Developer fails to perform any obligation under this Agreement, Developer agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable 12 of 20
ng Act ("FEHA"), California GovernmentCode
Section12940etseq., Developer
agrees that Developer, its agents, employees, contractors, and subcontractor
performingany of
94 attorney' s fees. In the event of any dispute arising out of Developer's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailingparty in such action, in additionto 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 includefees and costs on any appeal, and in additiona partyentitledto attorney's fees and costs shall be entitledto all other reasonablecosts incurredin investigatingsuch action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs 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. 6. Waiver. No waiver by the City of any breach or default by the Developer 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 Developer.

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 Developer, its agents, employees, contractors and subcontractors in the performance of this Agreement. Developerfurtheragreesto protect, defend, indemnifyand hold harmlessCity, 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 Developer, 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 sole active negligence 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 Project, 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. Recordation of the Notice of Acceptance by the City of the Works of Improvements shall not constitute an assumption by the City of any responsibility for any damage or taking covered by this Section.

City shall not be responsible for the design or construction 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 Developer submitted to the City Engineer before 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.

After recordation of the Notice of Acceptance, the Developer shall remain obligated to eliminate any latent defect in design or dangerous condition caused by the design or construction defect; however, Developer shall not be responsible for routine maintenance. The provisions of this paragraph shall remain in full force and effect for ten ( 10) years following the 13 of 20
95 recordation of the Notice of Acceptance by the City of the Works of Improvements. It is the intent of this section that Developer 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.

Developer shall reimburse the City 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 City in enforcing this Section.

10. Developer' s Indemnity of Project Approval. Developer 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 City, advisory agency, appeal board, or legislative body concerning the Project. The City shall promptly notify the Developer 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 Developer of any claim, action, or proceeding, or if the City fails to cooperate in the defense, the Developer 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. Developer shall not be required to pay or perform any settlement unless the settlement is approved by the Developer.

11. Insurance Requirements. Developer, at Developer' 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:
14of20
regardlessof any negligentactionor inaction
taken by the City in approvingthe plansor map, unlessthe particular improvementdesignwas specificallyrequiredby Cityover writtenobjectionby Developersubmitted to the City Engineerbeforeapproval of the particular improvement design, which objection indicated that the particularimprovement designwas dangerous or defectiveand suggestedan alternativesafe and feasible design.After recordationof the Notice of Acceptance, the Developershall remain obligatedto eliminateany latent defect in design or dangerousconditioncaused by the designor constructiondefect; however, Developershall not be responsiblefor routine maintenance. The provisions of this paragraphshall remainin full force and effect
for ten ( 10) yearsfollowing the 13 of 20
96 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 Developer:
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, Developer 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 Developer 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."
15 of 20
h a minimum $1 million
combinedsinglelimitfor bodily injuryand property damage providingall of the followingminimumcoverage without deductibles:i) Premises operations; includingX, C, andU coverage;ii) Owners' and contractors' protection; iii) Blanketcontractual;iv) Completedoperations; and v) Products. b) CommercialBusiness Autopolicy witha minimum $ 1 millioncombinedsingle limit for bodily injury and propertydamage, providingall of the following minimum
coveragewithout deductibles: 14of20 regardlessof any negligentaction or inaction taken by the
City in approving
the plans or map,
unless the
particularimprovement design was specificallyrequired by City overwritten objection by Developersubmittedto the City Engineer before approval of theparticularimprovement design, which objection indicated
that
the particularimprovement designwas dangerousor
defective andsuggestedan alternativesafe and feasibledesign.After recordationof the Noticeof Acceptance, the Developershallremainobligated to eliminateany latentdefect in designor dangerousconditioncaused by the design or constructiondefect; however, Developer shall not be responsible for routine maintenance. The provisionsof this paragraphshall remainin full force and effect for ten ( 10) years following the 13 of 20
97 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 Developer under this Agreement shall be admitted to transact the business of insurance by the California Insurance Commissioner.
f) Proof of Coverage. Copies of all required endorsements shall be attached to the Certificate of Insurance which shall be provided by the Developer'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, Developer 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 Developer are in violation of any environmental law, and neither the property to be dedicated nor the Developer 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 Developer nor any other person with Developer' 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 16 of 20
Owners' and contractors' protection; iii) Blanket contractual;iv) Completedoperations; and v) Products.b) CommercialBusinessAuto policy with a minimum $1 millioncombined single limit for bodily
injury and property damage, providingall of thefollowing minimumcoverage withoutdeductibles: 14of20
regardlessof any
negligentaction or inaction
taken by
the City in approvingthe plans or map, unlessthe particular improvementdesignwasspecificallyrequiredby City over written objectionby Developersubmitted to the City Engineer
before
approvalof the particularimprovementdesign, which
objection indicatedthat the particularimprovementdesign wasdangerousor defectiveand suggestedan alternativesafe and feasibledesign.Afterrecordation of the Notice of Acceptance, theDevelopershall remainobligatedto eliminate any latent defect in designor dangerous condition causedby the designor construction defect; however, Developer shall not be responsiblefor routine maintenance. The provisionsof this paragraph shall remain in full force and effectfor ten ( 10) years following the 13 of 20
98 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, as the same shall be amended from time to time, or any other materials requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies. c) Developer 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) Developer'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. Developer shall give prompt written notice to City of:
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) Developer'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 Developer's right, title, and interest in and to the Property and any portion thereof. Developer 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 Developer in the City' s approval of this Agreement. In the event the Property is subsequently conveyed by Developer to a third party prior to completion of the Works of Improvement, whereby the third party is intended to assume 17 of 20
improvementdesign wasspecifically requiredby City overwrittenobjection by Developersubmitted to the City Engineer before approval of the particular improvementdesign, which objection indicatedthat the particularimprovementdesignwas dangerous or defective and suggestedan alternative safe and feasibledesign.After recordationof the Noticeof Acceptance, the Developer shall remainobligatedto eliminate any latent defectin design or dangerous conditioncaused by the designor construction defect; however, Developer shall not be responsible for routine maintenance. The provisions of this paragraph shallremainin full force and effect for ten ( 10) years following the 13 of 20
99 Developer' s responsibilities with regard to this Agreement, ( the " Replacement Developer"), the rights and obligations of this Agreement shall transfer to the Replacement Developer; however, theSecurityInstrumentsrequiredpursuantto Section4 ofthisAgreement, andfurnishedby Developer as a condition of the City's approval of this Agreement, shall remain Developer's responsibility to maintain until such time as Developer and its Replacement Developer enter into a Transfer and Assignment of Public Improvement Agreement, ( the " Transfer Agreement"), to acknowledge the transfer of fee title to the Property from the Developer to its Replacement Developer, and to acknowledge the rights and obligations associated with this Agreement upon the Replacement Developer, including Replacement Developer' 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 executedby Developerand its ReplacementDeveloper, and replacementSecurity Instruments meeting City's approval are furnished by the Replacement Developer, Developer 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 Developer 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.

13. 3. No Vesting Rights. Performance by the Developer of this Agreement shall not be construed to vest Developer's rights with respect to any change in any zoning or building law or ordinance.

13. 4. Developer is Not Agent of City. Neither Developer nor Developer' s agents, contractors, or subcontractors are agents or contractors of the City in connection with the performance of Developer' s obligations under this Agreement.

13. 5. Time of the Essence. Time is of the essence of Developer' 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 Developers for the apportionment of costs 18 of 20
by Developersubmittedto the City
Engineer before approvalof the particularimprovementdesign, whichobjection indicatedthat the particularimprovementdesign was dangerous or defectiveand suggestedan alternativesafe and feasible design.

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 expressly 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.

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 the ( I) 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]
19 of 20
nce. Time is of the essenceof Developer' s
performanceof all of its obligationsunderthisAgreement.13. 6. Notices. Unless otherwisespecifiedin this Agreement, all notices required or provided for under this Agreementshall be in writingand deliveredin person or sent by mail,postage prepaidand addressedas provided in this Section. Notice shall be effectiveon the dateis deliveredin person, or, if mailed, onthedateof depositin the UnitedStatesMail.

Notice shall be providedto the persons listed on Pages1 and2 of this Agreement by the parties
for this purpose.Either party may providea new designatedrepresentativeand/ or address by written noticeas provided in this Section. 13. 7.

No Apportionment. Nothingcontainedin this Agreementshall preclude Cityfromexpending moniespursuant to agreementsconcurrently
or previouslyexecutedbetween the parties,
or from enteringinto agreementswithother Developersfor the apportionmentof costs 18 of 20 by Developer submittedto the City Engineerbeforeapprovalof the particular improvementdesign, whichobjectionindicatedthat the particular improvementdesignwas dangerous or defectiveand suggested an alternativesafe and feasible design.After recordation of the Notice of Acceptance, the Developershall remain
obligatedto eliminateany latent defectin designor dangerouscondition caused by the designor constructiondefect; however, Developershall not be responsiblefor routine maintenance.

The provisionsof this paragraphshall remainin full force and effect for ten ( 10) years following the 13 of 20
101
IN WITNESSWHEREOF, the Cityandthe Developerhavecausedthis Agreementto be executed the day and year first above written.

Approv to Content: Approved as to Form:

By: c&) ( l By:

Nicholas . iguori, AICP Fred Galante
Directort,`
elopment Services City Attorney
Date:
a
U° 1 Date:

City of • i •. RVSA, LLC.

By: diti. 1\ By: vY
Matte • :. ntyne
City Ma ag=
Date: 1'2- • to • 1% Date: Lt No J 20 k
ATT T:

By: ._ _ C2„iL-----
Angela'• bles
City Clerk
Date: t2 • L. l $
20 of 20
102
DocuSign Envelope ID: 7532EE8D- 26C8- 4645- 98A4- F29AE29647E2 INWITNESSWHEREOF, the Cityandthe DeveloperhavecausedthisAgreementto be executed the day and year first above written.

Approve to Content: Approve ctasgaim:
r.By: 1/4.6r, By: DSP C'+1L D9r• IE3...

Nicholas iguori, AICP Fred Galante
Directorf Development Services City Attorney
Date: 1 3( I0 Date:

City of Chi c
RVSA, LLC.
1 By: il' 1rLr
l
By: WV I— drerr",
Matt -
111;‘,.1 ,.
ntyne
City Marla.

Date: 11. V1v Date: Li , o f 201 r
ATT . T:
1 By: . Ai _ ) i i
Angela ` • bles
City Clerk
Date: a- ( -( ) g
20 of 20
103
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 C t Cc.-:', CCCX: XX:: c:' 0c: ec: CcXrK,, f ; cseer: C1- Xx; 0cf, c_,,.,.,—,,,,:,, C,' Xs..
eix- XX7,,,': Ocf' f'. S C C<•f, c.., c.(.: XxSfa ; Y, x; c:.:',c. C.c:''• c(,, A notary public or other officer completing this certificate verifies only the identity of the individualwho signed the documentto which this certificateis attached, and not the truthfulness, accuracy,or validity of that document.

State of California
County of • ,...., 2- 3.-
i-,..,, b4c-'
On rl 4o w a• r

1. 1, colt before me, ( L; i S} 1 r-- S y y. - , -'.- y Q,..) ,-.

Date Here Insert Name and Title of the Officer
personally appeared c} l PQ N. 1.1i, m-S 1_
Name( s) of Signer( s)
who proved to me on the basis of satisfactory evidence to be the person( s) whose name(*) is/ are, subscribed to the within instrument and acknowledged to me that heAs& e/ tkist executed the same in histtgrithfir authorizedcapacity(ie9, and that by his/ham/tl r signature(* on the instrument the person(, or the entity upon behalf of which the person( t) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph v is true and correct.

Of,""•" .

KRISTINA. FRYKLAND WITNESS my hand and official seal.
4! ; NotaryPublic-California
f SantaCfaraCounty
Commission# 2193808 Signature
My Comm. Expires Apr 25, 2021 Si! at c r• ot. Public
Place Notary Seal Above

OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: Document Date
Number of Pages: Signer( s) Other Than Named Above:

Capacity( ies) Claimed by Signer( s)
Signer' s Name: Signer' s Name:

I.] Corporate Officer — Title( s): Corporate Officer— Title( s):

Partner — Li Limited C_I General Partner — . 7 Limited General Individual 1.-1Attorney in Fact Individual Attorney in Fact C' Trustee Guardian or Conservator __ l Trustee C_ Guardian or Conservator Ii Other: I Other:

Signer Is Representing: Signer Is Representing:

Ytif'. C' Y:(; Y'..,, C,,, C X.,: IK` wv', Y./ Yl,` f. K..; f',, 7,..:(. N A,,, 1: f(., tl ..<'<' Y` i, Y.. f,,,,,,, f: F:(, j2 K.:( 37e,, C ` t,;* i.'; e,;(' a, f/':( UX',;. t." T` l;',' e,'l :( 4Lt r_`:
2014 National Notary Association• www. NationalNotary.org• 1- 800- US NOTARY( 1- 800- 876- 6827) Item# 5907representativeand/or addressby written noticeas providedin this Section. 13.7. No Apportionment. Nothing containedin this Agreementshall precludeCity from expendingmonies pursuant to agreements concurrentlyor previouslyexecuted betweenthe parties, or from enteringinto agreements withother Developersfor the
apportionmentof costs 18 of 20
by Developer submittedto the CityEngineerbeforeapprovalof the particular improvementdesign, which objection indicated that the particularimprovementdesign wasdangerousor defectiveand suggested an alternative safeand feasibledesign. After recordationof the Notice of Acceptance, the Developer shall remainobligatedto eliminate any latent defect in design or dangerous conditioncaused by the design or
constructiondefect; however, Developershall not be responsiblefor routine maintenance. The provisions of this paragraphshall remainin full force and effect for ten ( 10) years following the 13 of 20
104
EXHIBIT " A"
PARCEL MAP 15808 ( PARCEL NO. 11)

LEGAL DESCRIPTION
Parcel 11 of Parcel Map No. 15808, in the City of Chino, County of San Bernardino, State of California, as shown on map recorded in Book 198, Pages 38-40 inclusive of maps, in the office of the County Recorder of San Bernardino County, California.

A- 1
Fred GalanteDirectorf Development
ServicesCity AttorneyDate:
1 3(
I0
Date: CityofChi
c
RVSA, LLC. 1 By:
il'
1 rLr
l
By: WV
I— drerr",Matt - 111;‘,. 1 ,. ntyne CityMarla.Date:11.

V1 v
Date:

Li , o f 201
r ATT .

T: 1
By: . Ai _ ) i
i Angela ` •bles
City Clerk Date:
a- ( -( )g 20 of 20
105
EXHIBIT " B"

WORKS OF IMPROVEMENT
A. Installation of curb, gutter, driveway approach, storm drain tie-in, water tie-in, recycled water tie- in, sewer tie- in, and street light relocation as specified in the Conditions of Approval and in accordance with the approved construction plans and City Standards.

The Developershall also performall work and furnishall materialsnecessary, in the opinionof the Director of Development Services or his designee and on his order, to complete the improvements in accordance with the plans and specifications on file as hereinbefore specified, or any changes required or ordered by said Engineer which, in his opinion, are necessary or required to complete this work.

B- 1
i i Angela ` •bles
City ClerkDate: a- ( -( ) g
20 of 20
106
EXHIBIT " C"
SA 2007- 07
PARCEL MAP 15808, PARCEL NO. 11)
RVSA, LLC.

ENVIRONMENTAL WARRANTY
As a condition precedent to acceptance of the dedications and public improvementsto be conveyedby the above-namedDeveloperto the City of Chinofor the above-referencedSubdivision, Developerherebywarrantsto the Cityof Chinothat:

1. Neither the propertyto be dedicated nor Developerare in violation of any environmental law, and neither the property to be dedicated nor the Developer 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 Developer nor any other person with Developer'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, includingall 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, as the same shall be amended from time to time, or any other materials requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies.

3. Developer 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. Developer' 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 Developer hereby represents and warrants, that the signators hereto have the legal power, right and authority to execute this warranty on behalf of the Developer and that the signators hereto have sufficient knowledge or expertise, either personally, through reasonable inspection and investigation of the property, or through reasonable C- 1
ionment. Nothingcontainedin this Agreementshallpreclude City from expendingmoniespursuant to agreementsconcurrentlyor previouslyexecuted betweenthe parties, or from enteringinto agreements with other Developersfor the apportionmentof costs 18 of 20 by Developersubmittedto the City Engineerbefore approvalof the particularimprovement design, whichobjection
indicated that the particular improvementdesign
was dangerous or defective and suggestedan alternativesafeand feasibledesign. After recordationof the Notice of Acceptance, the Developer shall remainobligatedto eliminateany latent defect in designor dangerouscondition caused by thedesignor construction defect; however, Developer shall not be responsible for routine maintenance. The provisions of this paragraph shallremain in full force and
effect for ten (10) years followingthe 13 of 20
107
reliance upon the investigationand professionalopinion of Developer's environmental experts, tomaketherepresentationsherein, andthatnoconsentofanyotherpartyis requiredto executethiswarrantyandmakethe representationshereinonbehalfof the Developerto the City of Chino.

Eachof theundersignedpersonsdeclaresunderpenaltyof perjurythattheforegoing is true and correct.

Dated: it ( c? 1-- 6
DEVELOPER*
By: v
ProofofauthorizationforDeveloper's signaturesisrequiredtobesubmittedconcurrentlywith this environmental warranty.

C- 2
ered by
saidEngineerwhich, in hisopinion, arenecessaryor requiredto completethis work.B- 1 i i Angela ` • bles City
ClerkDate:
a- ( -( )g 20 of
20 108
Executed in Triplicate
Bond No.: 0750547
Contract No.:

Approved:

LABOR AND MATERIAL BOND
Site Approval 2007- 07
R\IS Parcel Map 15808, Parcel No. 11)
WHEREAS, the City Council of the City of Chino, State of California, hereinafter designated as" CITY" andlc Reg*, LLC, hereinafterdesignatedas" PRINCIPAL," have enteredinto an agreementwhereby Principalagrees to install and complete certain designated public improvements, which said agreement, dated December 4th, 2018, and identified as Project No. Site Approval 2007- 07 ( Parcel Map 15808, Parcel No. 11), is hereby referred to and made a part hereof; and
WHEREAS, under the terms of said agreement, Principal is required, before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Chino to secure the claims to which reference is made in Title 15( commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California.

NOW, THEREFORE, said Principal and the undersigned, as corporate surety, are held and firmly bound unto the City of Chino, and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Fifty- Eight Thousand Dollars ($ 58,000.00) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 1.5 ( commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

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

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

IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named, on November 5. 2018
RCVA, LLC International Fidelity Insurance Company

PRINCIPAL SURETY
By: By: Ir xXv ?- 0/61/444,-
0"- r) Va dove CJS-
Colleen P. O'Hara, Attorney- in-Fact

SIGNATURE( S) MUST BE NOTARIZED
Document No. 16354( PWFORMS\ BONDS- L& M\ rev. 05/ 2012) Page 1 of 1 gn was
dangerous or defective and suggested an alternativesafe and feasibledesign. Afterrecordationof the Notice of Acceptance, the Developershall remain obligated to eliminateany latentdefect in design or dangerousconditioncausedby the design or construction defect; however, Developershallnot be responsiblefor routine maintenance. The provisionsof this paragraph shallremainin full force and effect for ten ( 10) years followingthe 13
109
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 tom i•_ a... a. wa. cit. c\ t. m. ci._ vit: ci< w: w. w- w AKA.. w: v.. v. : w.:. .: z a- t s ant w' spa A notary public or other officer completingthis certificateverifiesonly the identity of the individualwho signedthe documentto whichthis certificateis attached,andnot thetruthfulness,accuracy,or validityof thatdocument.

State of California
Countyof ContraCosta
On November 5, 2018 before me, Maegen I. Alihands, Notary Public Date Here Insert Name and Title of the Officer
personally appeared Colleen P. O' Hara
Name( s) of Signer( s)
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.
o MAE6EN
It
2299All:

HA1i' WITNESS myhand and official seal.t^• --;' ,
Z Commit 2229991 , n
Yl 1t i NOTARYPUBtIC•CALIFOWMIAN

CONTRACOSTACOUNTY
Coral. EXP.FEB.1, 2022^'
Signature
Signature of Notary Public
Place Notary Seal Above

OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: Document Date:

Number of Pages: Signer( s) Other Than Named Above:

Capacity( ies) Claimed by Signer( s)
Signer' s Name: Signer' s Name:

Corporate Officer — Title( s): Corporate Officer — Title( s):

Partner — Limited General Partner — Limited General Individual Attorney in Fact Individual Attorney in Fact Trustee Guardian or Conservator Trustee Guardian or Conservator Other: Other:

Signer Is Representing: Signer Is Representing:
r" Ni•
p. 4" Nr, Ni- O' i• a' r' fl' r Nr; d' di!/ d'!/. d' e/" y.' y. Y• N.. y. N. N..,..

N'. 4• N4' N4" N4" 6r," d N"
fli"
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e/'__ ...• 1?. N Y'..... .... ..
2014 National Notary Association • www. NationalNotary.org • 1- 800- US NOTARY( 1- 800- 876- 6827) Item# 5907 the terms of the agreement
or thespecificationsaccompanyingthe same shallin any way affect its obligationson this bond, and it doeshereby waive noticeof any suchchange, extensionof time, alteration, or addition. IN WITNESSWHEREOF, this instrumenthas been dulyexecutedby PrincipalandSurety abovenamed, on November5. 2018 RCVA, LLC InternationalFidelityInsuranceCompanyPRINCIPALSURETY By: By: Ir xXv ?-0/ 61/444,- 0"- r) Va doveCJS- ColleenP. O' Hara, Attorney-in- Fact SIGNATURE(

S) MUST BE NOTARIZED
Document No. 16354( PWFORMS\BONDS- L&
M\ rev.
05/ 2012) Page 1 of1 gn
was dangerousor defectiveand
suggestedan alternativesafe and feasibledesign.

After recordationof the Notice
of Acceptance, the Developer shall remainobligatedto eliminateany latent defectin design or dangerous
condition causedby the design or constructiondefect; however, Developershall not be responsiblefor routine maintenance. The provisionsof this paragraph shall remainin full forceand effectfor ten ( 10) yearsfollowingthe 13 of 20
110
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 0 c .•/. C,,,, .... CI.. C C/.. C C! aC. cCC!_ % CC/ svr.,.. a• _ v Q_, t! 7.. v. z.- R. ., C ._ a..,,,,. f.•-- -- C/'. h^&, O` kms p,^4•
Anotarypublicorotherofficercompletingthiscertificateverifiesonlytheidentityoftheindividualwhosignedthe documenttowhichthiscertificateisattached,andnotthetruthfulness,accuracy,orvalidityofthatdocument.

State of California
County of S' a+4* 0,- GLovr..

On NOV. 8` , °, ole before me, . a rm' a a. PaAj d k) Alaievry Pu.6Gt, , , Date Here Insert Name and Title of thg Officer
personally appeared T Art V I r.Loshich
Name( s) of Signer( s)
whoprovedto meonthebasisof satisfactoryevidenceto betheperson(s) whosename(s) is/are subscribedto thewithininstrumentandacknowledgedto methathe/she/theyexecutedthesamein his/her/theirauthorizedcapacity(ies),andthatbyhis/her/theirsignature(s)ontheinstrumenttheperson(s), or the entity uponbehalfof whichthe person(s) acted, executedthe instrument.

I certify under PENALTYOF PERJURY under the laws
of the Stateof Californiathat the foregoingparagraph
is true and correct.

SARMISTHA PATNAIK
WITNESS my hand and official seal.
g 41 Notary Public- California Z
a
z ' San Mateo County n
y "
i Commission# 2214691
n
My Comm. Expires Sep 17, 2021+ Signature fet'Yni44eilac.

Signature of Notary Public.

Place Notary Seal Above

OPTIONAL
Thoughthissectionis optional, completingthisinformationcandeteralterationof thedocumentor fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: L 46o r tent. M ti i L flan 4 arts) o G!,;. o a„ c RSVA, LL t Document Date: ic« itI, cd Nov. 540. , 20/‘ Number of Pages:

Signer( s) Other Than Named Above:

Capacity( ies) Claimed by Signer( s)
Signer' s Name: Signer' s Name:

Corporate Officer — Title( s): Corporate Officer — Title( s):

Partner — Limited General Partner — Limited General Individual Attorney in Fact Individual Attorney in Fact Trustee Guardian or Conservator Trustee Guardian or Conservator Other: Other:

Signer Is Representing: Signer Is Representing:
6,,,,-. 4,,,,,,-,..,! 1,,,,--,,,,,_-, ' yti:. c..., c.. y2' yA-..,-...:, 1:. c v.:-,,.-- - ci%.
ti. tis,' A"•:'-- vti t tin.-. -'•' 4,%.: c,..:, A_, a Z6• d .,-,," Aes 2016 National Notary Association • www. NationalNotary.org• 1- 800- US NOTARY( 1- 800- 876- 6827) Item# 5907 oes hereby waivenoticeof anysuch change, extension
of time, alteration, or addition.IN WITNESS WHEREOF, this instrumenthas beenduly executedby Principaland Suretyabove named,on November5. 2018 RCVA, LLC InternationalFidelityInsuranceCompanyPRINCIPALSURETYBy: By: Ir xXv ?- 0/ 61/ 444,- 0"- r) Va dove CJS- Colleen P. O' Hara, Attorney-in- Fact

POWER OF ATTORNEY
Bond# 0750547

INTERNATIONAL FIDELITY INSURANCE COMPANY

ALLEGHENY CASUALTY COMPANY
One Newark Center, 20th Floor, Newark, New Jersey 07102- 5207 PHONE:( 973) 624- 7200 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCECOMPANY, a corporationorganized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of New Jersey, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint LORI A. BOSSHART, SAMANTHA MASCARENHAS, DOROTHY O'CONNOR, COLLEEN P. O'HARA, STEPHANIE THOMPSON, SUSANNA K. P. TRUONG.

Walnut Creek, CA.
their true and lawful attorney( s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the naturethereof, which are or may be allowed, requiredor permittedby law, statute, rule, regulation,contract or otherwise, and the execution of such instrument( s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices.

This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By- Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 2010 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 10th day of July, 2015 RESOLVED, that ( 1) the Chief Executive Officer, President, Executive Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys- in-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation' s seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the naturethereof or related thereto; and( 2) any such Officers of the Corporation may appoint and revoke the appointments of joint- control custodians, agents for acceptance of process, and Attorneys- in-fact with authority to execute waivers and consents on behalf of the Corporation;and( 3) the signatureof any such Officer of the Corporationand the Corporation's seal may be affixedby facsimileto any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed."
IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 31st day of December, 2016
to`r// 4. STATESTATEOF NEW JERSEY a' t
cps tJA
ryp
County of Essex O;
SEAL
44k
MCZ. J
o
1936
George R. James
fr 1w1P Executive Vice President ( International Fidelity Insurance Company) and y Vice President ( Allegheny Casualty Company) NEWJERS
On this 31st day of December, 2016 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and of ALLEGHENY CASUALTY COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies.

HY' C,,'. IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, GP,,,,,,," ', New Jersey the day and year first above written.

S
V NOTARY•
PUBLIC C9:,?
a.-
oA& 2
v
pj ;` Cathy Cruz a Notary Public of New Jersey
tGQ'
My Commission Expires April 16, 2019

CERTIFICATION
I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By-Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.

IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, November 05, 2018 800016 i(a/k.A4A, a1W
Maria H. Branco,Assistant Secretary 112
Executed in Triplicate
Bond No.: 0750547
Contract No.:

Approved:

FAITHFUL PERFORMANCE BOND
Site Approval 2007- 07
lc Parcel Map 15808, Parcel No. 11)OS Pr
WHEREAS, the City Council of the City of Chino, Stateof California, hereinafterdesignatedas" CITY" and RCVA, LLC, hereinafterdesignatedas"PRINCIPAL," haveenteredintoanagreementwherebyPrincipalagreesto install and complete certain designated public improvements, which said agreement, dated December 4th, 2018, and identified as Project No. Site Approval 2007- 07 ( Parcel Map 15808, Parcel No. 11), is hereby referred to and made a part hereof; and
WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement.

NOW, THEREFORE, we, the Principal and
International Fidelity Insurance Company as surety, are held and firmly bound unto the City of Chino in the penal sum of One Hundred Sixteen Thousand Dollars($ 116, 000. 00) lawful money of the United States, for the paymentof which sum well and truly to be made, we bind ourselves, our heirs, successors, executors, and administrators,jointly and severally, firmly by these presents.

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

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

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

IN WITNESS WHEREOF, this instrumenthas been duly executed by Principal and Surety above named, on November 5, 2018
k cusA
RCVA, LLC International Fidelity Insurance Company

PRINCIPAL SURETY
By: By: 4-14, 14,_ V
Y
o‘617,14,----
ColleenColleenP. O'Hara, Attorney-; n-Fact

SIGNATURES MUST BE NOTARIZED
Document No. 16353( PWFORMS\ BONDS- faithful performance\ rev. 05/ 2012) Page 1 of 1 ct as thoughmanuallyaffixed."IN WITNESSWHEREOF,INTERNATIONALFIDELITYINSURANCECOMPANYand ALLEGHENYCASUALTYCOMPANYhave each executedand attested these presents on
this31st day of December, 2016 to` r//

4. STATE STATE OF NEW JERSEY a' t cps tJA
ryp County of EssexO; SEAL 44k
MCZ. J o 1936GeorgeR. James fr 1w1PExecutive
Vice President (
International
Fidelity InsuranceCompany) and
y
Vice
President ( Allegheny
Casualty
Company)
NEW JERSOn
this 31st day of December, 2016 , before me came the individual who executed the preceding instrument, to me
personallyknown, and, beingby me duly sworn, saidhe is the thereindescribed and authorized officer of INTERNATIONALFIDELITY INSURANCECOMPANY and of ALLEGHENYCASUALTYCOMPANY;that the sealsaffixedto said instrumentare the CorporateSeals of said Companies; that the said Corporate Seals and his signaturewere dulyaffixedby orderof the Boards of Directorsof said Companies.HY' C,,'.

IN TESTIMONYWHEREOF,I have hereuntoset my hand affixedmy Official Seal,at theCity of Newark,GP,,,,,,," ', NewJersey the dayand year first abovewritten.S V NOTARY•PUBLICC9:,?a.- oA& 2 v pj ;` Cathy Cruz a NotaryPublicof New Jersey tGQ' My
CommissionExpires
April 16,
2019

CERTIFICATIONI,
the
undersigned officer of INTERNATIONALFIDELITYINSURANCECOMPANYand ALLEGHENY

CASUALTY
COMPANYdo hereby certifythat I
have
comparedthe foregoing copy of the Power of Attorney and affidavit, and the copyof the Sectionsof the By- Lawsof said Companiesas set forthin said Power of Attorney,with theoriginalson filein the home of said companies, andthatthe same are correct transcriptsthereof, and of the wholeof thesaid originals,andthat the said Powerof Attorneyhas not been revoked and is now in fullforce and effect. IN TESTIMONYWHEREOF,I have hereuntoset my handon this day, November05, 2018800016i( a/ k.

A4A,a1W Maria H.Branco, Assistant Secretary
113
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 C,< <...<. vQ. <_ va< v; v\ v vi.• 62 . ; vx:::-- . ..- .. 7... 1f1' T41a24`<. ss a . . ^''.. C`.c w'+^.^! l; t^ c TK' S.`.r £ A notary public or other officer completingthis certificateverifiesonly the identityof the individualwho signedthe documenttowhichthiscertificateisattached,andnotthetruthfulness,accuracy,orvalidityofthatdocument.

State of California
Countyof ContraCosta
On November 5, 2018 before me, Maegen I. Allhands, Notary Public Date Here Insert Name and Title of the Officer
personally appeared Colleen P. O' Hara
Name( s) of Signer( s)
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 authorizedcapacity(ies),andthat by his/her/their signature(s)on the instrumentthe 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 Californiathat the foregoing paragraph
is true and correct.
n ,'.? i7a, MAE6E1.-=

1. 1A
i..-Mr^ COMM. 2229991 ,^ WITNESS my hand and official seal.Q i '-''$ NOTARYPUBLIC-CALIFORNIAU) CONTRACOSTACOUNTY -•
Gi. e on^" MY COMM.EXP. FEB. 1, 2022" p
Signature AI,
ignature of Notary Public
Place Notary Seal Above

OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: Document Date:

Number of Pages: Signer( s) Other Than Named Above:

Capacity( ies) Claimed by Signer( s)
Signer' s Name: Signer' s Name:

Corporate Officer — Title( s): Corporate Officer — Title( s):

Partner — Limited General Partner — Limited General Individual Attorney in Fact Individual Attorney in Fact Trustee Guardian or Conservator Trustee Guardian or Conservator Other: Other:

Signer Is Representing: Signer Is Representing:
lcwrawaa,:..: _.- c.....iw- wvt; wiec. a c ;$ 1. w so•,4 NA, ram rc rcc w h c w c x m 2014 National Notary Association • www. NationalNotary.org • 1- 800- US NOTARY( 1- 800- 876- 6827) Item# 5907 specifications.IN WITNESSWHEREOF, this instrumenthasbeen duly executedby Principal and Suretyabove named,onNovember5, 2018 k cusA RCVA, LLCInternationalFidelityInsuranceCompanyPRINCIPALSURETYBy: By: 4- 14, 14,_ V Y o‘ 617, 14,----Colleen ColleenP. O' Hara, Attorney-;n- FactSIGNATURESMUSTBE NOTARIZEDDocumentNo. 16353( PWFORMS\BONDS- faithful performance\rev. 05/ 2012) Page1 of 1 ct as thoughmanually affixed." IN WITNESSWHEREOF,

INTERNATIONALFIDELITY
INSURANCECOMPANY and ALLEGHENYCASUALTYCOMPANY
have each
executed and attestedthesepresentson
this
31stdayof
December,2016to` r// 4. STATE STATEOF
NEW JERSEY a' t
cps tJA ryp County of Essex O; SEAL 44k MCZ. J o 1936 George R. James fr 1w1PExecutiveVice President (InternationalFidelityInsuranceCompany)and y Vice President (AlleghenyCasualtyCompany) NEWJERS On this 31st day
of December, 2016 , before me came the individual who executed the precedinginstrument,to me personally known, and, beingby me duly sworn,said he
is the therein describedand authorizedofficer of INTERNATIONALFIDELITY

INSURANCE COMPANY
and
of ALLEGHENYCASUALTY COMPANY;
that
the
seals affixed
to
said
instrument are the
CorporateSeals of said Companies; that the said Corporate Seals and his signature were duly affixed by order
of the Boards of Directorsof said Companies.HY' C,,'. IN TESTIMONYWHEREOF,I havehereunto set myhandaffixed my Official Seal, at the City of Newark,GP,,,,,,," ', NewJerseythe day and year first abovewritten. S V NOTARY• PUBLIC C9:,?a.- oA& 2 v pj ;` Cathy Cruz a NotaryPublic of New Jersey tGQ' MyCommissionExpires April 16, 2019 CERTIFICATION I, the undersignedofficer of INTERNATIONALFIDELITYINSURANCECOMPANYandALLEGHENYCASUALTYCOMPANYdo herebycertifythat I have comparedthe foregoing copyof the Powerof Attorneyand affidavit,and the copyof the Sectionsof the By- Laws of said Companiesas set forth in
said
Powerof
Attorney, with
the
originalson
file
in the home of said companies,andthat the
same
are correct transcriptsthereof,and of
the
wholeof the said originals,and that the said Powerof Attorney has not been revokedand is now in full force and effect.IN TESTIMONYWHEREOF,I havehereunto set my hand onthis day, November05, 2018800016i( a/ k. A4A,a1WMariaH.

Branco,AssistantSecretary
114
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 CU_ a<. aC _ aC ./: C_ a s C C/-. 0 C/: C C_. Ls_ aC a%•. aC. C_ a• Ca< C N. C_. 3C. aC_ a0! cC.. ci,.: y. CLc Cr•.. p!: iC/ C•_: yaC_ aC C.

Anotarypublicorotherofficercompletingthiscertificateverifiesonlytheidentityoftheindividualwhosignedthedocumenttowhichthiscertificateisattached,andnotthetruthfulness,accuracy,orvalidityofthatdocument.

State of California
County of - S' A• CIA Y -
On NOb'. 249/& before me, SarroicriU• e. Parma k, Nov PSG L, Date Here Insert Name and Title of the Officer
personally appeared 7. 9 h n V, vi' c.h,
Name( s) of Signer( s)
who provedto me on the basisof satisfactoryevidenceto be the person(s) whosename(s) is/are subscribedto thewithininstrumentandacknowledgedto methathe/she/theyexecutedthe samein his/her/theirauthorizedcapacity(ies),andthatbyhis/her/theirsignature(s)ontheinstrumenttheperson(s), or the entity uponbehalfof whichthe person(s) acted, executedthe instrument.

I certify under PENALTYOF PERJURY under the laws
of the Stateof Californiathat the foregoingparagraphL,•

SARMISTHA PATNAIK
is true and correct.Notary Public- California z
zz
San Mateo County > WITNESS my hand and official seal.Commission# 2214691 My Comm. Expires Sep 17, 2021
Q
Signature farm 1, 11,.s-,! c
Signature of Notary Public
Place Notary Seal Above

OPTIONAL
Thoughthissectionisoptional, completingthisinformationcandeteralterationof thedocumentor fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: FM l. 44.. f eYrf' orrr+ llmca. 12evuot • ( 37W. 6: 1-y Clltitio • P•N.- RIVA, LLe, Document Date: AIDN• gs41, , 20t
do (
w ke c ae1) Number of Pages:

Signer( s) Other Than Named Above:

Capacity( ies) Claimed by Signer(s)
Signer' s Name: Signer' s Name:

Corporate Officer — Title( s): Corporate Officer — Title( s):

Partner — Limited General Partner — Limited General Individual Attorney in Fact Individual Attorney in Fact Trustee Guardian or Conservator Trustee Guardian or Conservator Other: Other:

Signer Is Representing: Signer Is Representing:
a`' e! G. GC% G. Atin:, G'!. G. G\ G A: A' y. G\ G\::: G: y4:'. Lam.' G. G\.: G. G\ A': G 7` y. G\: Gee! G G.- i. G'. v.\.:. G\'! G G\: SG:. G'. G\ G:. G.. ' cr4 02016 National Notary Association • www. NationalNotary.org • 1- 800- US NOTARY( 1- 800- 876- 6827) Item# 5907 has beenduly executedby Principaland
Surety above named,on
November5,
2018 k cusA RCVA, LLC International
Fidelity Insurance
Company PRINCIPALSURETYBy: By: 4-
14,
14,_ V Y
o‘ 617, 14,----ColleenColleenP. O'Hara,
Attorney-; n- Fact SIGNATURES
MUST BE NOTARIZEDDocument No. 16353( PWFORMS\ BONDS- faithfulperformance\ rev. 05/2012) Page 1 of 1 ct as though manuallyaffixed."IN WITNESSWHEREOF,INTERNATIONALFIDELITYINSURANCE COMPANYand ALLEGHENYCASUALTYCOMPANYhave each executed and attested
thesepresents on this 31st day of December,
2016 to` r// 4. STATESTATE OF NEW JERSEYa'
t cps tJA ryp Countyof Essex
O; SEAL44k MCZ. J o 1936 George R.James
fr 1w1P
Executive
Vice President (International Fidelity
Insurance
Company)
and y
Vice
President (
Allegheny CasualtyCompany)
NEWJERS On this 31st day of December, 2016 , before me came the individual who executed the preceding
instrument,to me personallyknown,and, being by me duly sworn,said he is the therein described andauthorizedofficer of INTERNATIONAL FIDELITYINSURANCECOMPANYand of ALLEGHENYCASUALTYCOMPANY;that the seals affixedto said instrumentare the Corporate Seals of saidCompanies; that the said CorporateSeals and his signaturewere duly affixedby order of the Boards of Directorsof said Companies.HY' C,,'. IN TESTIMONYWHEREOF,I havehereuntosetmy hand affixedmy OfficialSeal,at the City of Newark, GP,,,,,,," ', NewJerseythe day andyear first abovewritten. S V NOTARY•PUBLICC9:,?a.- oA& 2 v pj ;` CathyCruz a NotaryPublic of
New
JerseytGQ'
My Commission
Expires
April 16,
2019
CERTIFICATION I, the undersignedofficer of INTERNATIONALFIDELITYINSURANCE

COMPANY
andALLEGHENY CASUALTYCOMPANYdo hereby
certify
thatI have comparedtheforegoing copy of the Powerof Attorney and affidavit,and the copyof the Sections of the By- Lawsof said Companiesas set forth in saidPowerof Attorney,with theoriginalson file in the home of saidcompanies,and that the sameare correcttranscriptsthereof, and of thewholeof thesaid originals, and that the said Powerof Attorney has not beenrevokedand is now in full force and effect.IN TESTIMONYWHEREOF,I have hereuntoset my hand onthis day, November05, 2018 800016 i( a/ k. A4A,a1W Maria H. Branco,AssistantSecretary
115

POWER OF ATTORNEY
Bond# 0750547

INTERNATIONAL FIDELITY INSURANCE COMPANY

ALLEGHENY CASUALTY COMPANY
OneNewarkCenter,20"'Floor,Newark,NewJersey07102-5207PHONE:(973)624-7200 KNOWALLMENBYTHESEPRESENTS: ThatINTERNATIONALFIDELITYINSURANCECOMPANY,acorporationorganizedandexistingunderthelawsoftheStateofNewJersey, andALLEGHENYCASUALTYCOMPANYacorporationorganizedandexistingunderthelawsoftheStateofNew Jersey,havingtheirprincipalofficeintheCityofNewark,NewJersey,doherebyconstituteandappoint LORIA. BOSSHART, SAMANTHAMASCARENHAS, DOROTHYO'CONNOR,COLLEENP.O'HARA, STEPHANIETHOMPSON, SUSANNA K. P. TRUONG.

Walnut Creek, CA.
theirtrueandlawfulattorney(s)-in-facttoexecute, sealanddeliverforandonitsbehalfassurety, anyandallbondsandundertakings, contractsofindemnityandotherwritingsobligatoryinthenaturethereof,whichareormaybeallowed,requiredorpermittedbylaw,statute,rule,regulation,contractorotherwise, andtheexecutionofsuchinstrument(s) inpursuanceofthesepresents, shallbeasbindinguponthesaidINTERNATIONALFIDELITYINSURANCECOMPANYandALLEGHENYCASUALTYCOMPANY, asfullyandamply, toallintentsandpurposes, asifthesamehadbeenduly executedandacknowledgedbytheirregularlyelectedofficersattheirprincipaloffices.

STATE OF NEW JERSEY
O4e,
v 0
4 County of Essex
t4 a 1936 -<
Y9t}
4E. George R. James
Of/ Executive Vice President ( International Fidelity Insurance Company) and NFW
JERSel
Vice President (AlleghenyCasualtyCompany)
On this 31st day of December, 2016 , beforemecametheindividualwhoexecutedtheprecedinginstrument,tomepersonallyknown,and, beingbymedulysworn,saidheisthethereindescribedandauthorizedofficerofINTERNATIONALFIDELITYINSURANCECOMPANYandofALLEGHENYCASUALTYCOMPANY;thatthesealsaffixedtosaidinstrumentaretheCorporateSealsofsaidCompanies;thatthesaidCorporate SealsandhissignatureweredulyaffixedbyorderoftheBoardsofDirectorsofsaidCompanies. otissurr,,,,,
INTESTIMONYWHEREOF,IhavehereuntosetmyhandaffixedmyOfficialSeal,attheCityofNewark, z. `.``
o ....CRS%,; NewJerseythe day and year first abovewritten. c NOTARY
O
a aiLgt-e,
L PUBLIC CO: `
N
gt ?
CathyCruza NotaryPublicof NewJersey
i •••-

IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, November 05, 2018 kaAat#,A.,
600016
Maria H. Branco, Assistant Secretary 116
Executed in Triplicate Bond No.: 0750547
Contract No.:

Approved:

WARRANTY BOND
RNIS iSite Approval 2007-07
Parcel Map 15808, Parcel No. 11)
WHEREAS, the City Councilof the City of Chino, State of California, hereinafterdesignated as CITY" and ` R3VA, LLC, hereinafter designated as " PRINCIPAL," have entered into an agreement wherebyPrincipalhasagreedto warrantandguaranteethe installation, completion, and maintenanceof certain designated public improvements, which said agreement, dated December 4th, 2018 and identified as Project No. Site Approval 2007- 07 ( Parcel Map 15808, Parcel No. 11), is hereby referred to and made a part hereof; and
WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the warranty of said improvements.

NOW, THEREFORE, we, the Principal, and International Fidelity Insurance Company as surety, are held and firmly bound untothe City of Chinoin the penalsum of ElevenThousandSix HundredDollars 11,600.00) lawfulmoneyoftheUnitedStates, forthepaymentofwhichsumwellandtrulyto bemade, webindourselves, ourheirs, successors, executors, andadministrators, jointlyandseverally, firmlyby these presents.

The condition of this obligation is such that if the above bound Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things standto and abideby, andwell and truly keep andperformthecovenants, conditions, andprovisionsinsaidagreementandany alterationthereofmade as therein provided, on his or their part, to be kept and performed thereof made as therein provided, on hisor itspart,to bekeptand performedatthetime andinthe mannerthereinspecified, and in all respects accordingto theirtrue intentandmeaning, andshallindemnifyand saveharmlessCity, its officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligationsecuredhereby, and in additionto the face amountspecifiedtherefor, thereshallbe includedcostsandreasonableexpensesandfeesincludingreasonableattorneys' fees, incurredbytheCityinsuccessfullyenforcingsuchobligation, alltobetaxedascostsandincludedinany judgment rendered.

The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanyingthesameshallin anywayaffectitsobligationsonthis bond, andit doesherebywaive notice of any such change, extension of time, alteration, or addition to the terms of the agreement or to the work or to the specifications.

INWITNESSWHEREOF, thisinstrumenthasbeendulyexecutedbyPrincipalandSuretyabove named, on November 5, 2018
g NIS f CVA, LLC International Fidelity Insurance Company

PRINCIPAL SURETY
r
By: By: y
1- chn Vldovi ON- J
Colleen P. O'Hara, Attorney- in-Fact

SIGNATURE( S) MUST BE NOTARIZED
Document No. 19808( PWFORMS\ BONDS- Warranty\ rev. 05/ 2012) Page 1 of 1 cutedand
attested these presents
onthis 31st day of December,2016 y
GpSUACTyCco,,,,,),_. ! STATE OF NEWJERSEYO4e,v 0 4 Countyof Essex t4 a 1936 -< Y9t}
4E. George
R.

James Of/ ExecutiveVice
President (
International Fidelity
Insurance
Company)and NFW
JERSel VicePresident (
Allegheny
Casualty Company)On this
31st day of December, 2016 , before me came the
individual
who
executedthe precedinginstrument,to
me personallyknown, and, being by me duly sworn,saidheis thethereindescribedand authorizedofficerof INTERNATIONALFIDELITYINSURANCE COMPANYandofALLEGHENYCASUALTYCOMPANY;thatthesealsaffixedto saidinstrumentaretheCorporateSealsof said Companies;thatthe said CorporateSealsandhissignatureweredulyaffixedbyorderof theBoardsof Directorsof saidCompanies.otissurr,,,,, IN TESTIMONYWHEREOF,I havehereuntoset myhandaffixedmyOfficialSeal,at theCityof Newark,
z. `.``o .... CRS%,; NewJerseythe dayandyearfirst abovewritten.c NOTARYO a aiLgt-e, L
PUBLICCO: ` N gt ? CathyCruza NotaryPublicof New Jersey i •••-

4. 16- 20',9•.•**:.,_ `
My Commission Expires
April
16,
2019li. NEOF 4, oSCERTIFICATION1
I,
the undersignedofficer
of
INTERNATIONALFIDELITY INSURANCECOMPANYandALLEGHENY
CASUALTYCOMPANYdo hereby
certify that
I
havecomparedthe foregoingcopyof the Power of Attorneyand affidavit,and thecopyof theSectionsof the By-Lawsof saidCompaniesas setforthin saidPowerofAttorney,withtheoriginalsonfileinthehomeof said companies,andthatthesamearecorrecttranscriptsthereof,andof thewholeofthesaidoriginals,andthat thesaidPowerof Attorneyhasnot beenrevokedandisnowinfullforceand effect.IN TESTIMONYWHEREOF,I havehereuntosetmyhandon thisday, November05,2018kaAat#,A.,600016 MariaH. Branco, AssistantSecretary
117
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 At. I t.. ' MAK AN
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
Countyof ContraCosta
On November 5, 2018 before me, Maegen I. Allhands, Notary Public Date Here Insert Name and Title of the Officer
personally appeared Colleen P. O' Hara
Name( s) of Signer( s)
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.

MCOMM
I.
22999
DS
WITNESS myhand and official seal.M 2229991
Hi 1 NOTARYPUBLIC-CALIFORNIAN
CONTRACOSTACOUNTY "
cam' Yr Comm. EXP. FEB. 1, 2022
f Signature i....„
ignature of Notary Public
Place Notary Seal Above

OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: Document Date:

Number of Pages: Signer( s) Other Than Named Above:

Capacity( ies) Claimed by Signer( s)
Signer' s Name: Signer' s Name:

Corporate Officer — Title( s): Corporate Officer — Title( s):

Partner — Limited General Partner — Limited General Individual Attorney in Fact Individual Attorney in Fact Trustee Guardian or Conservator Trustee Guardian or Conservator Other: Other:

Signer Is Representing: Signer Is Representing:
cc" cf< AXWI- G` {;`' GKAX. :. 7cs'4< ic> G. 4: c>': f5c;% f5c%, a' E:g,` c ." 4ta., 1-4(- 4X- fGW- 4.::C/ A G?tct(.: c;.c. c t>- 4*- 4, 2014 National Notary Association • www. NationalNotary.org • 1- 800- US NOTARY( 1- 800- 876- 6827) Item# 5907 ion, or additionto the termsof theagreement
or to
the work to be performedthereunderor thespecificationsaccompanyingthesame shall in any wayaffectits obligationson this bond, andit does herebywaivenotice of anysuchchange, extension of time, alteration, oradditionto the termsof theagreementor to theworkor to the specifications.IN WITNESSWHEREOF, this instrumenthas been dulyexecuted by Principaland Suretyabovenamed, on November 5, 2018 g NISf CVA,
LLCInternationalFidelity InsuranceCompanyPRINCIPALSURETYr By: By: y 1- chn Vldovi ON- J Colleen P. O'
Hara, Attorney- in- Fact SIGNATURE( S) MUST BE NOTARIZED Document No.
19808(
PWFORMS\ BONDS- Warranty\
rev.05/ 2012) Page 1
of 1 cutedand attested thesepresents
on this31st day of
December, 2016 y GpSUACTyC co,,,,,),_. ! STATE OF NEWJERSEY O4e, v 0 4 Countyof
Essex t4 a
1936 -<Y9t} 4E. George R. James Of/ Executive Vice President (InternationalFidelityInsuranceCompany)andNFW JERSelVice President (AlleghenyCasualtyCompany)On this 31st
dayof
December,
2016 , beforeme came
the
individual who
executed
the precedinginstrument,
to me personally
known,
and, being by me
duly sworn, said he is the therein described and
authorized
officer
of INTERNATIONALFIDELITY INSURANCECOMPANY
and of ALLEGHENYCASUALTYCOMPANY;that the sealsaffixedto saidinstrumentarethe CorporateSeals of saidCompanies;that the said CorporateSealsandhissignatureweredulyaffixedbyorderof theBoardsof Directorsof said Companies.otissurr,,,,, INTESTIMONYWHEREOF,I have hereuntosetmyhandaffixedmyOfficialSeal,atthe CityofNewark,z. `.`` o ....CRS%,; NewJersey the dayandyear firstabovewritten.c NOTARYO a aiLgt-e,L PUBLICCO: `N gt ?
CathyCruz a NotaryPublicof NewJerseyi •••-4. 16-20', 9•.•**:.,_ ` MyCommissionExpiresApril16, 2019
li. NE OF 4, oS CERTIFICATION1 I, the undersignedofficer of INTERNATIONAL

FIDELITY
INSURANCE COMPANYand

ALLEGHENYCASUALTY COMPANY
do
hereby
certifythat I have comparedtheforegoingcopy
of
the Powerof
Attorney
andaffidavit, and the copyof
the Sectionsof the
By- Laws
of
saidCompaniesas setforthin said Power of Attorney,with the originalsonfile in thehomeof said companies,and thatthesamearecorrecttranscriptsthereof,and ofthewholeofthesaidoriginals,andthatthesaidPowerof Attorneyhasnotbeenrevokedandisnow in fullforceandeffect.INTESTIMONYWHEREOF,I havehereuntosetmyhandon thisday, November05, 2018kaAat#,A.,600016MariaH.Branco,AssistantSecretary 118
r
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 c C/.. Ca:- 2. a< NC y: SC.,•_ afc\_ zi.,. Y, C \./-..--•. v-•.,-. 4w, Anotarypublicorotherofficercompletingthiscertificateverifiesonlytheidentityoftheindividualwhosignedthe documenttowhichthiscertificateisattached,andnotthetruthfulness,accuracy,orvalidityofthatdocument.

State of California
County of rat-& GLAAY'-
On Nov. gA , 20/ x' before me, • ayriich( 4.• Pa 4rietik, Na- E4' y PCL-6i,4,
Date Here Insert Name and Title of the Officer
personally appeared T A et kb CtoV ea,/
Name( s) of Signer( s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribedto the within instrumentand acknowledgedto me that he/she/they executedthe same in his/her/theirauthorizedcapacity(ies),andthatby his/her/theirsignature(s)onthe instrumentthe 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 Stateof Californiathat the foregoingparagraph
SARMISTHA PATNAIK is true and correct.
4 ,,,{ Notary Public- California Z
WITNESS my hand and official seal.zip
SanMateo County >
Commission# 2214691
My Comm. Expires Sep 17, 2.,021 r
Signature S afilryre rrf et •
Signature of Notary Public
Place Notary Seal Above

OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: GJ coo 3o4 ; r3TW, G%f`y Off' a4- 4 R S fA , LL c Document Date: Ck a o.. Fe. r Aid V• S'., Zo l f Number of Pages:

Signer( s) Other Than Named Above:

Capacity( ies) Claimed by Signer( s)
Signer' s Name: Signer' s Name:

Corporate Officer — Title( s): Corporate Officer — Title( s):

Partner — Limited General Partner — Limited General Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator 0 Other: Other:

Signer Is Representing: Signer Is Representing:
er.\:..', 6' sS:.:\. , 4" . 4.,'-' A,
Ww•,.-
7_%:
m'

0.:\- ri1 4\ b4,.?: 4\, 40.'',"\ y . vti.:,: S. 4\; 4,% 4',,,•'.,'! to beperformed
thereunderor the specificationsaccompanyingthe sameshallin any wayaffectits obligations on this bond, and it does herebywaivenoticeof any suchchange, extensionof time, alteration, oradditionto the terms of the agreementor to thework or to the specifications.IN WITNESSWHEREOF, this instrument hasbeen duly executedby Principaland Surety
abovenamed, on November5, 2018g NISf CVA, LLC InternationalFidelityInsurance Company PRINCIPALSURETY r By:

By: y 1- chn Vldovi ON- J Colleen P.

O' Hara,
Attorney-
in- Fact SIGNATURE(
S)MUST BE NOTARIZEDDocument
No. 19808(PWFORMS\BONDS-Warranty\rev.05/
2012) Page1 of 1
cuted and attested these presents on this 31st day of December,2016 y GpSUACTyCco,,,,,),_. !

STATE OF NEW
JERSEYO4e, v 0 4 County of Essex
t4 a 1936 -< Y9t} 4E. George R. James Of/ Executive VicePresident (InternationalFidelityInsuranceCompany) and NFWJERSel
Vice
President ( AlleghenyCasualtyCompany)
On
this 31st
day
of December,2016 ,
before me came
the
individual who executedthe
preceding instrument, to me personally known, and, being by me
duly
sworn,said he is the
thereindescribedand authorizedofficer of INTERNATIONAL FIDELITYINSURANCECOMPANYandof ALLEGHENYCASUALTYCOMPANY;that the sealsaffixedto said instrument aretheCorporateSealsof saidCompanies;thatthesaidCorporateSealsand his signaturewere duly affixed by orderofthe Boardsof DirectorsofsaidCompanies.otissurr,,,,, INTESTIMONYWHEREOF,I have hereuntosetmyhand affixedmyOfficialSeal, at theCityof Newark,z. `.``o ....CRS%,; NewJerseytheday andyear firstabovewritten. c
NOTARYO a aiLgt-e, L PUBLICCO: `N gt ? CathyCruza NotaryPublicof NewJersey i •••-

4. 16- 20', 9•.•**:.,_ ` My CommissionExpiresApril16, 2019 li.

NE OF
4,
oS CERTIFICATION1
I, the undersigned
officer
of
INTERNATIONALFIDELITYINSURANCECOMPANYand ALLEGHENYCASUALTYCOMPANY do
herebycertifythat
I
havecompared the foregoingcopyof
the Powerof Attorney
and affidavit,
and
thecopyof theSectionsof the By- Laws ofsaid Companiesas setforthin saidPowerof Attorney,withthe originalsonfilein thehomeofsaidcompanies,andthatthesameare correcttranscriptsthereof,andofthewholeofthesaidoriginals,andthatthesaid PowerofAttorneyhasnotbeenrevokedandisnowin fullforceandeffect.INTESTIMONYWHEREOF,I havehereuntosetmyhandonthisday, November05,2018kaAat#,A., 600016MariaH. Branco,AssistantSecretary 119

POWER OF ATTORNEY
Bond# 0750547

INTERNATIONALFIDELITY INSURANCECOMPANY

ALLEGHENY CASUALTY COMPANY
OneNewarkCenter,20thFloor,Newark,NewJersey07102-5207PHONE:(973)624-7200 KNOWALLMENBYTHESEPRESENTS: ThatINTERNATIONALFIDELITYINSURANCECOMPANY,acorporationorganizedandexistingunderthelawsoftheStateofNewJersey, andALLEGHENYCASUALTYCOMPANYacorporationorganizedandexistingunderthelawsoftheStateofNew Jersey,havingtheirprincipalofficeintheCityofNewark,NewJersey,doherebyconstituteandappointLORIA. BOSSHART, SAMANTHAMASCARENHAS, DOROTHYO'CONNOR,COLLEENP.O'HARA, STEPHANIETHOMPSON, SUSANNA K. P. TRUONG.

Walnut Creek, CA.
theirtrueandlawfulattorney(s)-in-facttoexecute, sealanddeliverforandonitsbehalfassurety, anyandallbondsandundertakings, contractsofindemnityandotherwritingsobligatoryinthenaturethereof,whichareormaybeallowed,requiredorpermittedbylaw,statute,rule,regulation, contractorotherwise, andtheexecutionofsuchinstrument(s) inpursuanceofthesepresents, shallbeasbindinguponthesaidINTERNATIONALFIDELITYINSURANCECOMPANYandALLEGHENYCASUALTYCOMPANY, asfullyandamply, toallintentsandpurposes, asifthesamehadbeenduly executedandacknowledgedbytheirregularlyelectedofficersattheirprincipaloffices.

ThisPowerofAttorneyisexecuted, andmayberevoked, pursuanttoandbyauthorityoftheBy-LawsofINTERNATIONALFIDELITYINSURANCECOMPANYandALLEGHENYCASUALTYCOMPANYandisgrantedunderandbyauthorityofthefollowingresolutionadoptedbytheBoardof Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 2010 and by the Board of DirectorsofALLEGHENYCASUALTYCOMPANYatameetingdulyheldonthe10thdayofJuly,2015 RESOLVED, that(1) theChiefExecutiveOfficer, President, ExecutiveVicePresident, VicePresident, orSecretaryoftheCorporationshallhavethepowertoappoint,andtorevoketheappointmentsof,Attorneys-in-Factoragentswithpowerandauthorityasdefinedorlimitedintheirrespectivepowersofattorney, andtoexecuteonbehalfoftheCorporationandaffixtheCorporation'ssealthereto, bonds, undertakings, recognizances, contractsofindemnityandotherwrittenobligationsinthenaturethereoforrelatedthereto; and (2)anysuchOfficersoftheCorporationmayappointandrevoketheappointmentsofjoint-controlcustodians, agentsforacceptanceofprocess, andAttorneys-in-factwithauthoritytoexecutewaiversandconsentsonbehalfoftheCorporation;and(3)thesignatureofanysuchOfficeroftheCorporationandtheCorporation'ssealmaybeaffixedbyfacsimiletoanypowerofattorneyorcertificationgivenfortheexecutionofanybond, undertaking, recognizance, contractofindemnityorotherwrittenobligationinthenaturethereoforrelatedthereto, suchsignatureandsealswhensousedwhetherheretoforeorhereafter, beingherebyadoptedbytheCorporationastheoriginalsignatureofsuchofficerandtheoriginalsealoftheCorporation,tobevalidandbindingupontheCorporationwiththesameforceandeffectas though manually affixed."
INWITNESSWHEREOF,INTERNATIONALFIDELITYINSURANCECOMPANYandALLEGHENYCASUALTYCOMPANYhaveeachexecutedandattestedthesepresents on this 31st day of December, 2016
yGpSUq py
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George R. James
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On this 31st day of December, 2016 , beforemecametheindividualwhoexecutedtheprecedinginstrument,tomepersonallyknown,and, beingbymedulysworn,saidheisthethereindescribedandauthorizedofficerofINTERNATIONALFIDELITYINSURANCECOMPANYandofALLEGHENYCASUALTYCOMPANY;thatthesealsaffixedtosaidinstrumentaretheCorporateSealsofsaidCompanies;thatthesaidCorporateSealsandhissignatureweredulyaffixedbyorderoftheBoardsofDirectorsofsaidCompanies.

INTESTIMONYWHEREOF,IhavehereuntosetmyhandaffixedmyOfficialSeal,attheCityofNewark, Gp'(
HY.

CRG'', NewJerseythe day andyear first abovewritten. sslo, y
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CERTIFICATION
I,theundersignedofficerofINTERNATIONALFIDELITYINSURANCECOMPANYandALLEGHENYCASUALTYCOMPANYdoherebycertifythatIhavecomparedtheforegoingcopyofthePowerofAttorneyandaffidavit,andthecopyoftheSectionsoftheBy-LawsofsaidCompaniesassetforthinsaidPowerofAttorney,withtheoriginalsonfileinthehomeofsaidcompanies,andthatthesamearecorrecttranscriptsthereof,andofthewholeofthesaidoriginals,andthatthesaidPowerofAttorneyhasnotbeenrevokedandisnowinfullforceandeffect.

IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, November 05, 2018 rr
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Maria H. Branco, Assistant Secretary 120

MEMORANDUM

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT
COUNCIL MEETING DATE: DECEMBER 5, 2018
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENTSERVICESDIRECTOR SUBJECT: PUBLIC IMPROVEMENT AGREEMENT - SITE APPROVAL NO. 2007- 07 RVSA, LLC).

RECOMMENDATION
1) Approvea PublicImprovementAgreementandsecuritieswithRVSA, LLC; and2) authorize theCityManagertoexecutethenecessarydocumentsonbehalfoftheCity.

FISCAL IMPACT
There is no direct fiscal impactto the City.

Revenue: Expenditure:

Transfer In: Transfer Out:
r
I
requiredto complete
thiswork.

B- 1
i i Angela ` •bles CityClerk Date: a- ( -( )g 20 of 20
121
COUNCIL MEETING DATE: DECEMBER 5, 2018
SUBJECT: PUBLIC IMPROVEMENT AGREEMENT- SITE APPROVAL NO. 2007- 07 ( RVSA, LLC)
PAGE 2

BACKGROUND
On February 21, 2018, the City of Chino PlanningCommissionconditionallyapprovedSite ApprovalNo. 2007-07 to constructa 313-spaceRV storagefacilityanda 384-squarefoot RV storage leasing office on 7.19 acres of land located at the northwest corner of Edison and Mountain Avenues ( Exhibit A). The conditions of approval required public improvements that include, but are not limitedto curb, gutter, drivewayapproachand utility connections; these improvements necessitate a Public Improvement Agreement.

ISSUES/ ANALYSIS
The developer will be constructing the public improvements adjacent to their frontage as conditioned by the Chino Planning Commission. To guarantee the completion of these public improvements, the developer has submitted a Public Improvement Agreement and the necessary bonds. The City Attorney has reviewed and approved the agreement and bonds.

Attachment: Public Improvement Agreement
Exhibit A— Site Approval No. 2007- 07
1/4401100.
tom "
if the same
had been duly
executed
andacknowledgedby theirregularly elected
officersat their principaloffices.

ThisPower of Attorneyis
executed, and may be revoked, pursuant
122
EXTRA
EXTRA
12" DW
12" S
8" RW
16" S
12" DW
12" FO

EDISON AVENUE

MOUNTAIN AVENUE
0 SCALE: 1"=100'
100 200 300
{\LLEGEND}

EXISTING SEWER

PROPOSED SEWER

EXISTING WATER

PROPOSED WATER

EXISTING RECYCLED WATER

PROPOSED RECYCLED WATER

EXISTING STORM DRAIN

PROPOSED STORM DRAIN
ALL UTILITIES WITHIN THE PROPERTY ARE PRIVATE.

PROPOSED FIRE WATERE
xhibit C
123

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: FEBRUARY 20, 2024

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

SUBJECT
..titl e
Final acceptance of Public Improvements for Parcel Map No. 20058 (PL18 -0112) and Site Approval (PL18 -0013), generally located on the northwest corner of Eucalyptus and Central Avenues. ..end

RECOMMENDATION
1) Accept public improvements as complete for Parcel Map No. 20058 (PL18 -0112) and Site Approval (PL18 -0013); 2) authorize the release of the performance bond and initiate the warranty bond; and 3) authorize the City Manager to execute the necessary documents on behalf of the City.
..body

FISCAL IMPACT
There are sufficient funds included in the City’s Operating Budget to support the ongoing maintenance activities related to the public improvements being accepted.

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. 124
CITY COUNCIL MEETING DATE: FEBRUARY 20, 2024
TITLE: FINAL ACCEPTANCE - PARCEL MAP NO. 20058 (EVER SUN INVESTMENTS, LLC) PAGE: 2

BACKGROUND
On November 1, 2019, the Planning Commission approved Tentative Parcel Map No. 20058 (PL18-0112) and Site Approval (PL18 -0113) for the construction of two concrete tilt -up warehouse/office buildings (“Project”). The Project is located at 5240 Eucalyptus Ave and 5280 Eucalyptus Ave, on the northwest corner of Central and Eucalyptus Avenues (Exhibit A).

The Conditions of Approval (“COA”) for this Project required the Applicant to complete certain public improvements along the project’s frontage, which include, but are not limited to, curb and gutter, driveway approaches, parkway landscape, sidewalk, undergrounding of dry utilities, crosswalks, curb ramps, traffic signal mods, streetlights, domestic water lateral, recycled water lateral and sewer lateral improvements.

The developer started the plan check process in February 2020 and underwent a few rounds of plan checks for onsite and offsite improvements until October 2020. During the plan check process, it was determined that additional offsite improvements were desired by the City. Those additional improvements included constructing a sidewalk extension on Central Ave along the project frontage from the project site to College Park Ave, to the north. With these changes, the conditions of approval were revised, and a time extension was provided on October 21, 2020 by City staff, since the final map was not completed or recorded then. The plan check resumed for both onsite and offsite improvements. Construction for the onsite improvements began in July 2021 and, subsequently, construction for the offsite improvements in September 2022. During construction, the City and the Applicant met to discuss the City’s condition to provide sidewalk connectivity above and beyond the project’s frontage. The applicant contended that extending the sidewalk to Co llege Park Avenue and relocating various conflicting utilities would be cost prohibitive to undertake and would result in project delays. As a result, city staff agreed to allow the applicant to adhere to the original condition, which requires sidewalk alo ng the property frontage.

The public improvements necessitated the execution of a Subdivision Improvement Agreement and the posting of securities approved by City Council on October 5, 2021 (Exhibit B).

The COA additionally required that the owner annex th e property to the City’s Landscape and Lighting District No. 2002 -1 (Annexation/Zone No. 85) for public streetlight maintenance along the project’s frontage, within the right-of way. The public hearing for the annexation was held on January 4, 2022, which was unanimously approved by the City Council the same night.

All public improvements that were part of the condition of the Project were fully funded by the Applicant/Developer.

Security for a one -year warranty period has been submitted to the City. Under the warranty bond obligation, the developer will correct any defects found within one year of the City Council’s acceptance of the Project. Also, upon completion and final acceptance, the public improvements shall become the sole exclusive property of the City to operate and maintain. The following maintenance obligations will commence following acceptance of the public improvements:

125
CITY COUNCIL MEETING DATE: FEBRUARY 20, 2024
TITLE: FINAL ACCEPTANCE - PARCEL MAP NO. 20058 (EVER SUN INVESTMENTS, LLC) PAGE: 3

Domestic Water Lateral: By the City
Recycled Water Lateral: By the City
Sewer Lateral: By the City
Public Street Sweeping: By the City
Public Streetlights: By the City
Traffic Signal: By the City
Landscaping: By the property owner

Attachment: Exhibit A - Project Location Map
Exhibit B - Fully Executed Subdivision Improvement Agreement & Bonds Exhibit C - Infrastructure Exhibit

126
A-1
Exhibit A
PARCEL MAP NO. 20058

LOCATION MAP

127

SUBDIVISIONIMPROVEMENTAGREEMENT
by and between

CITY OF CHINO
and

EVER SUN INVESTMENTS, LLC
01225. 0006/ 366470. 2
Updated 10- 2020
128

SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN

THE CITY OF CHINO
AND

EVER SUN INVESTMENTS, LLC
Agreement Date: October 5, 2021
Subdivider Name: EVER SUN INVESTMENTS, LLC
Subdivision Description: On October 10, 2019, the City approved O. C. Engineering' s application for PL18- 0112 ( Parcel Map No. 20058) and PL18- 0113 ( Site Approval), for the construction of two concrete tilt- up warehouse/ office buildings located at 14468 Central Avenue on the northwest corner of Central Avenue and Eucalyptus Avenue.

Tentative Map No.: 20058
Estimated Total Cost of Improvements: $ 664, 600. 00
Estimated Total Cost of Monumentation: $ 4, 250. 00 ( based upon the plans, including individual lots, subdivision boundary and public improvements).

Security:

Bond No.: (
0 O6 ( 26 3 4
Surety: AVIDevCan Conti-At- fors ` na' e, nn-
ty
Compa7
01225. 0006/ 366470. 2
129
Designees for the Service of Written Notice:

CITY: SUBDIVIDER:

Chris Magdosku Richard Lucas
City Engineer Vice President of Construction
13220 Central Avenue 7901 S. Crossway Drive
Chino, CA 91710 Pico Rivera, CA 90660
909) 334- 3417 562) 948- 4850
crnagdoskuna cityofchino. orq

CITY PROJECT INSPECTOR SURETY
Isaac Ortega
Permit& Inspection Supervisor
13220 Central Avenue
Chino, CA 91710
909) 334- 3501
iortega( a,cityofchino. orq
01225. 0006/ 366470. 2
130

TABLE OF CONTENTS

1. Construction Obligations

1. 1 Works of Improvement

1. 2 OtherObligationsReferencedin Conditionsof TentativeMapApproval

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 Obligationto WarnPublicDuringConstruction

1. 18 Injuryto PublicImprovements, PublicPropertyor PublicUtility

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

5. 1 Subdivider Responsible for All Related Costs of Construction 01225. 0006/ 366470. 2
131

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
01225. 0006/ 366470. 2
132

SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT ( this " Agreement") is enteredintothis5thdayof October, 2021, by andbetweenthe CITYOF CHINO, a municipal corporation, organizedandexistingintheCountyofSanBernardino, underandbyvirtueof the laws of the State of California, (" CITY"), and EVER SUN INVESTMENTS, LLC ( Subdivider").

RECITALS
A.

Subdivideris theownerof, andhasobtainedapprovalof a subdivisionmapidentified as Tentative Parcel Map No. 20058, ( the " Map"), located in the City of Chino,County of San Bernardino, State of California ( the " Property"), as described on Exhibit " A".

TheMaprequiresSubdividerto complywithcertainconditionsof approvalforthedevelopment of the Property (the " Conditions") as described on Exhibit " B".

B. Pursuantto the Conditions, Subdivider, bythe Map, hasofferedfordedicationto CityforpublicuseofthestreetsandeasementsshownontheMap. Citydesirestoacceptthe streetsandeasementsshownon theMapfor publicuse, andcertainotherimprovements described in this Agreement.

C. SubdividerhasdeliveredtoCity, andCityhasapproved, plansandspecifications and related documents for certain " Works of Improvement" ( as hereinafter defined) which are requiredto be constructedandinstalledin orderto accommodatethe developmentof the Property.

D. Subdivider's agreementto constructand install the Works of Improvement pursuantto this Agreementand its offer of dedicationof the streets, easementsand other improvementsandfacilities, asshownontheMap, area materialconsiderationto Cityin approvingParcelMapNo. 20058forthePropertyandpermittingdevelopmentoftheProperty to proceed.

COVENANTS
BasedupontheforegoingRecitalswhichareincorporatedhereinby referenceandin considerationof City's approvingthe Mapforthe Propertyandpermittingdevelopmentof 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 constructor install, or causeto be constructedor installedthe street, drainage, domesticwater, 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 supplementedandrevisedfromtimeto timeas setforthin thisAgreement (saidplansand specifications, together with all related documents, the " Plans"). The estimated construction cost for the Works of Improvement is $ 664, 600. 00
01225. 0006/ 366470. 2
1 133

1. 2. Other Obligations Referenced in Conditions of Tentative Map Approval. In additionto the foregoing, Subdividershallsatisfyall of theConditionson the Mapfor theProperty. TheConditionsassociatedwiththeMapareincludedin Exhibit "B" attachedhereto.

1. 3. Intent of Plans. TheintentofthePlansreferencedinSection1.1istoprescribea completeworkofimprovementwhichSubdividershallperformorcausetobeperformedina 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 improvementorfacility, eventhoughthePlansmaynotspecificallycalloutallitemsofwork requiredforSubdivider's contractorto completeitstasks, incidentalappurtenances, materials, and the like.

If anyomissionsaremadeor informationnecessaryto carryoutthefullintent andmeaningof thePlans, Subdivideror itscontractorshallimmediatelynotifyits design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In theeventofanydoubtorquestionarisingregardingthetruemeaningof anyofthePlans, referenceshall be madeto the City Engineerwhosedecisionthereonshall be final.

Subdivider recognizes that the Plans consist of general drawings. All authorized alterationsaffectingtherequirementsandinformationgivenonthePlansshallbeinwritingand approved by the City Engineer. ThePlansshallbesupplementedby suchworkingor shop drawings as are necessary to adequately control the work. Without the City Engineer's priorwrittenapproval, nochangeshallbemadebySubdivideroritscontractortoanyplan, specification, or working or shop drawing after it has been stamped as approved.

1. 4. Survey Monuments. Before final approval of street improvements, Subdivider shallplacesurveymonumentsas shownon ParcelMapNo. 20058in accordancewiththe provisionsoftheStateSubdivisionMapActandtheSubdivisionOrdinanceof theCityofChino. Subdividershallprovidesecurityforsuchobligationas providedin Section4.1(a)(iii) and, aftersettingthemonuments, SubdividershallfurnishtheCityEngineerwrittennoticeof thesettingofsaidmonumentsandwrittenproofofhavingpaidtheengineerorsurveyorforthe setting of said monuments.

1. 5. Performance of Work. Subdivider shall furnish or cause to be furnished all materials, labor, tools, equipment, utilities, transportation, andincidentalsrequiredto perform Subdivider' s obligations under this Agreement.

NofieldchangesperformedorproposedbySubdivideroritscontractorshallbebinding onCityunlessapprovedinwritingbytheCityEngineer. TheCityandSubdividermaymutually agree upon changes to the Works of Improvement, subject to the security requirements in Section 4.

1. 7. Defective Work. Subdivider shall cause its contractor to repair, reconstruct, replace, or otherwisemakeacceptableanywork foundby the City Engineerto be defective. 01225. 0006/ 366470. 2
2 134

1. 8. No Warranty by City. The Plans for the Works of Improvement have been preparedbyoronbehalfofSubdivideroritsconsultantsorcontractors, andCitymakesno representationorwarranty, expressorimplied, toSubdividerorto anyotherpersonregardingthe adequacy of the Plans or related documents.

1. 10. Documents Available at the Site. Subdividershallcauseitscontractorto keepa copyofallapprovedPlansatthejobsiteandshallgiveaccesstheretototheCity'sinspectorsand engineers at all times.

1. 11. Inspection.

Subdividershallhaveanauthorizedrepresentativeonthejobsiteat alltimesduringwhichworkis beingdonewhohasfullauthorityto actfor Subdivider, or its design engineer, and Subdivider' s contractor( s) regarding the Works of Improvement.

SubdividershallcauseitscontractortofurnishtheCitywitheveryreasonablefacilityfor ascertainingwhether or not the Works of Improvementas performed are in accordancewith 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, shallremoveoruncoversuchportionsofthefinishedworkasmaybedirected 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 supervisionby the City Engineer (or designee) shall not be consideredas direct control of the individual workmen on the job site. City's inspectorsshallhavethe authorityto stopanyand all work not in accordancewith the requirementscontainedor referencedin this Agreement.

Theinspectionof theworkbyCityshallnotrelieveSubdivideror itscontractorof any obligationsto fulfillthisAgreementashereinprovided, andunsuitablematerialsorworkmay be rejectednotwithstandingthatsuchmaterialsorworkmayhavebeenpreviouslyoverlooked 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, andlocallaws, ordinances, rulesandregulations. Inaddition, withoutlimitingtheforegoing, the Subdividershall, at itsexpense, obtainandcomplywiththeconditionsofall necessarypermits andlicensesfortheconstructionof theWorksof Improvement. TheSubdividershallalsogive all necessarynoticesand pay all fees andtaxesas requiredby law.

Subdividershallconstructthe improvementsin accordancewith the City standardsin effectat the time of the adoptionof the ApprovedTentativeMap. City reservesthe rightto protectthe publicsafetyor welfareor complywith applicableFederalor State law or City zoning ordinances.

1. 13. Suspension of Work. The City Engineershall have authorityto order suspension of the workfor failureof the Subdivider's contractorto complywith law pursuantto Section 01225. 0006/ 366470. 2
3 135

1. 12. In case of suspension of work for any cause whatsoever, Subdivider and its contractor shall be responsiblefor all materials and shall store them properly if necessary, and shall providesuitableinterimdrainageand/or dust controlmeasures, and erect temporarystructures where necessary.

1. 14. Erosion and Dust Control and Environmental Mitigation. All grading, landscaping, and constructionactivitiesshall be performedin a mannerto controlerosionand prevent flooding problems. The City Engineer shall have the authority to require erosion plans to prescribereasonablecontrols 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 requirements, 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 completedall of the Works of Improvement, Subdividershall then request a final inspectionof the work. If items are found by the City's inspectors to be incomplete or not in compliance with thisAgreementor anyof the requirementscontainedor referencedherein, Citywill informthe Subdivideror 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 Subdivideror its contractor, as a conditionto performingfurtherfieldinspections, to submitin writinga detailedstatementof theworkperformedsubsequentto thedateof theprevious 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 necessaryto covertheCity's costsforadditionalfinalinspections, asdeterminedbytheCity Engineer.

Noinspectionor acceptancepertainingto specificpartsof the Worksof Improvement shallbeconstruedasfinalacceptanceofanypartuntiltheoverallfinalacceptancebytheCity Engineeris made. The City Engineershall makea certificationof completionand acceptance ontheWorksof Improvementbyrecordationofa NoticeofAcceptanceonbehalfoftheCity.

Final acceptanceshall not constitutea waiver by the City Engineerof defectivework subsequently discovered.

The date on which the Works of Improvementwill be consideredas complete shall be the date of the Notice of Acceptance.

1.16. VestingofOwnership. UponrecordationoftheNoticeof Acceptance, ownership of the Worksof Improvementshall vest in the City.

1.17. Subdivider's Obligationto Warn Public During Construction. Until recordation of theNoticeofAcceptance, Subdividershallgivegoodandadequatewarningto thepublicof any dangerous condition of the Works of Improvements, and shall take reasonable actions to protect the public from such dangerous condition. Until recordation of the Notice of Acceptance, Subdivider shall provide forty- eight ( 48) hours' advance written notice to all 01225. 0006/ 366470. 2
4 136
neighboringpropertyownersand tenantsaffectedby Subdivider's operationsor constructionof the hours, datesand durationof any plannedconstructionactivities.

1.18. Injuryto PublicImprovements, PublicPropertyorPublicUtility. Untilrecordation oftheNoticeofAcceptanceoftheWorksofImprovement, Subdividerassumesresponsibilityforthecareandmaintenanceof, andanydamageto, theWorksof Improvements. Subdivider shallreplaceorrepairallWorksofImprovements, publicproperty, publicutilityfacilities, and surveying or subdivision monumentsand benchmarkswhich 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. Subdivider shall bear the entire cost of such replacementorrepairsregardlessofwhatentityownstheunderlyingproperty. Anyrepairor replacementshallbetothesatisfaction, andsubjecttotheapproval, oftheCityEngineer.

NeithertheCity, noranyofficeroremployeethereof, shallbeliableor responsiblefor any accident, loss or damage, regardless of cause, occurring to the work or Works of ImprovementspriortorecordationoftheNoticeofAcceptanceoftheworkorimprovements.

2. Time for Performance.

2. 1. Commencement and Completion Dates. Subject to Sections 2.2 and 2.3 below, Subdividershall (i) commencewithconstructionandinstallationoftheWorksof Improvement thirty ( 30) days following City' s approval of the Plans (" Commencement Date"); and ( ii) completeorcausetobecompletedalloftheWorksof Improvementwithintwo (2) yearsafterthe Commencement Date. IntheeventgoodcauseexistsasdeterminedbytheCityEngineer, the time for commencementof constructionor completionof the Works of Improvement hereundermaybeextendedbyuptothree (3) additionaloneyearperiods. Extensionsshallbe executedin writingby the City Engineer. The City Engineerin his or her sole discretion determineswhetheror notthe Subdividerhasestablishedgoodcausefor an extension. As a conditionofsuchextension, theCityEngineermayrequireSubdividertofurnishnewsecurity guaranteeing performance of this Agreement, as extended, in an increased amount to compensatefor anyincreasein constructioncostsas determinedby the CityEngineer. If Subdividerrequestsand is granted an extensionof time for completionof 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 Improvementas requiredto complywith applicableCity ordinances, regulations, and rules relating to the timely provision of public services and facilities. In addition to whatever other remediesthe Citymayhavefor Subdivider's failureto satisfysuchphasingrequirements, as thesamenowexistor maybeamendedfromtimeto time, SubdivideracknowledgesCity's rightto withholdtheissuanceof furtherbuildingpermitsonthe Propertyuntilsuchphasing requirements are satisfied. Priorto issuanceof buildingpermits, Subdividershall provide satisfactory evidence that all applicable requirements that are a condition to issuance of buildingpermitshavebeensatisfied. Suchrequirementsmayincludethe paymentof fees, construction of improvements, or both. Final inspections or issuance of Certificates of OccupancymaybewithheldfromtheSubdividerbytheCity, if, upona determinationbythe CityEngineer, completionof specificWorksof Improvementsor otherrequirementsassociated with the developmentof the Propertyhavenot beencompletedto the City Engineer's satisfaction.
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2. 3. Force Majeure. NotwithstandingtheprovisionsofSection2.1, Subdivider's time forcommencementandcompletionoftheWorksofImprovementshallbeextendedforthe periodofanyenforceddelaycausedduetocircumstancesbeyondthecontrolandwithoutthefault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikes, lockouts, pandemics, actsorfailurestoactofapublicagency (includingCity), requiredchangestothescopeofworkrequiredbyCity, andsimilarcauses; provided,however, thattheperiodofanyenforceddelayhereundershallnotincludeanyperiodlonger thanfive (5) dayspriortoCity's receiptofa writtennoticefromSubdivideroritscontractor detailingthegroundsforSubdivider's claimtoa righttoextenditstimeforperformancehereunder.

TheCityEngineershallevaluateall claimsto ForceMajeureandmakea reasonabledeterminationregardingthelengthof anyextensionof timefor commencement and/orcompletionoftheWorksofImprovementandtheCityEngineer'sdecisionshallbefinal.

2. 4. Continuous Work. After commencement of construction of the Works ofImprovement ( or separate portion thereof), Subdividershallcausesuchworkto bediligently pursuedtocompletion, andshallnotabandontheworkfora consecutiveperiodormorethan thirty (30) days, events of Force Majeure excepted.

2. 5. Reversion to Acreage. Inadditionto whateverotherrightsCitymayhavedueto Subdivider'sfailuretotimelyperformitsobligationshereunder, SubdividerrecognizesthatCityreservestherighttorevertthePropertytoacreagesubjecttothelimitationsandrequirements setforthinCaliforniaGovernmentCodeSection66499.11throughSection66499.20.1.

3. Labor.

3. 1. Labor Standards. ThisAgreementissubjectto, andSubdivideragreestocomply with, all of the applicableprovisionsof the LaborCodeincluding, but not limitedto, the wage and hour, prevailingwage, workercompensation, and variousother labor requirementsin Division 2, Part 7, Chapter 1, including section 1720 to 1740, 1770 to 1780, 1810 to 1815, 1860to 1861, whichprovisionsarespecificallyincorporatedhereinby referenceas setforth hereinintheirentirety. Subdividershallexpresslyrequirecompliancewiththeprovisionsofthis Sectionin all agreementswithcontractorsandsubcontractorsfor the performanceof the Works of Improvement.

3. 2. Nondiscrimination. In accordance with the California Fair Employment and Housing Act (" FEHA"), California Government Code Section 12940 et seq., Subdivider agrees thatSubdivider, itsagents, employees, contractors, andsubcontractorperforminganyof the Worksof Improvementshallnotdiscriminate, in anyway, againstany personon the basisof race, ethnicity, religious creed, color, national origin, ancestry, physical disability, mental disability, medicalcondition, geneticinformation, maritalstatus, sex, gender, genderidentity, 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 constructedby contractorsand subcontractorswith valid CaliforniaContractors' licensesfor the type of work being performed. All of Subdivider's contractors and subcontractors shall obtaina valid City of Chinobusinesslicensepriorto performingany work pursuantto this Agreement. Subdividershallprovidethe CityEngineerwitha list of all of its contractorsand 01225. 0006/ 366470. 2
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subcontractorspriorto initiatinganywork, andall validContractor's licensesandbusiness licensesissuedtheretoasaconditionofconstructingtheWorksofImprovements.

3. 4. Worker' s Compensation. Subdivider shall cause every contractor and subcontractorperforminganyof theWorksof Improvementto carryWorkers' Compensation InsuranceasrequiredbytheLaborCodeoftheStateofCaliforniaandshallcauseeachsuch contractorandsubcontractorto submitto Citya Certificateof Insuranceverifyingsuch coveragepriortosuchcontractororsubcontractorenteringontothejobsite.

4. Security.

4. 1. Required Security.
a)
At thetimeSubdividerexecutesthisAgreement, Subdividershallfurnish toCitythefollowingbonds, lettersofcredit, instrumentsofcredit (assignmentof depositaccount) or othersecurityacceptableto Cityin its soleandabsolute discretionandsatisfyingtherequirementsof theapplicableprovisionsof this Section4 below (hereinafter "SecurityInstruments"):
i) A SecurityInstrumentsecuringSubdivider's faithfulperformanceof all of the Works of Improvement (" Faithful Performance SecurityInstrument"), in the amount of $ 664, 600. 00 equal to 100% of the estimated construction cost referenced in Section 1.1.
ii) A SecurityInstrumentguaranteeingthe paymentto 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 332, 300. 00 equal to 50% of the estimated construction cost referenced in Section 1. 1.
iii) A Security Instrument guaranteeing the payment of the cost of setting monuments as required in Section 1.4 in the amount of 4, 250. 00 equal to 100% of the cost thereof.

This Agreementshallnot be effectivefor any purposeuntil suchSecurity InstrumentsaresuppliedtoandapprovedbyCityinaccordanceherewith. b) Required Security Instrument for Maintenance and Warranty. Prior to the City Council's acceptance of the Works of Improvementand recordation of a Noticeof Completion, Subdividershalldelivera SecurityInstrumentwarranting the work accepted for a period of one ( 1) year following said acceptance Maintenance and Warranty Security Instrument"), in the amount of $ 66. 500. 00 equal to 10% of the estimated construction cost set forth in Section 1.1 or a suitableamountdeterminedby the City Engineer.

4. 2. Form of Security Instruments. All Security Instrumentsshall be in the amounts required under Section 4. 1 ( a) or 4. 1( b), as applicable, shall meet the following minimum requirementsandotherwiseshallbeina formprovidedbyCityorotherwiseapprovedbythe City Attorney:
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a)
Bonds. ForSecurityInstrumentsprovidedin the formof bonds, any such bond must be issuedand executedby an insurancecompanyor bank authorized to transactsuretybusinessin the Stateof California. Any insurancecompany acting as surety shall have a minimum rating of A-IX, as rated by the current editionof Best's KeyRatingGuidepublishedbyA.M. Best's Company, Oldwick, NewJersey, 08858. Any bankactingas suretyshall havea minimumratingof AA, as rated by Moody' s or Standard & Poor' s.
b) Letters of Credit. ForSecurityInstrumentswhichare lettersof credit, any letter of credit shall be an originalseparateunconditional, irrevocable, negotiable and transferablecommercialletter of credit issued by a financial institutionwith offices in the State of California acceptable to City. Any such letter of credit shall specificallypermitCity to drawon sameby unilateralcertificationof the City Engineerof the City that Subdivideris 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 expirationofanysuchletterofcreditandshallfurtherbesubjecttotheprovisions 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 morebankaccountswithfinancialinstitutionsacceptableto City. d) General Requirements for all Security Instruments. i) Payments under any Security Instrumentsshall be required to be made ( and, with respect to bonds, litigation shall be required to be instituted and maintained) in the City of Chino, State of California and the SecurityInstrumentshall 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 SecurityInstrumentshall providethat 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 acceptanceby 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.
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4. 3. Subdivider's Liability. WhilenoactionofSubdividershallberequiredinorderfor Cityto realizeon itssecurityunderanySecurityInstrument, Subdivideragreesto cooperate withCitytofacilitateCity's realizationunderanySecurityInstrument, andto takenoactionto preventCityfromsuchrealizationofanySecurityInstrument. Notwithstandingthegivingofany SecurityInstrumentorthesubsequentexpirationofanySecurityInstrumentoranyfailureby any suretyor financialinstitutionto performits obligationswith respectthereto, Subdivider shallbepersonallyliableforperformanceunderthisAgreementandforpaymentofthecostof thelaborandmaterialsfortheimprovementsrequiredtobeconstructedorinstalledherebyand shall, within ten ( 10) daysafterwrittendemandtherefor, deliverto Citysuchsubstitute securityas City shall requiresatisfyingthe requirementsin 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 entitledto drawon any suchletterof creditif a replacementletterof credit expiring in not less than one ( 1) year, unless City agrees to a lesser term in City's soleandabsolutediscretion) isnotdeliverednotlessthanthirty (30) days priorto the expirationof the originalletter of credit, such substituteletter of credit being in the same amountand havingthe terms and conditionsas the initial letter of creditdeliveredhereunder, issuedbya financialinstitutionacceptableto City as of the date of deliveryof the replacementletter of credit. b) In theeventof drawbythe Cityon a letterof credit, the Citymayelect, in its sole and absolutediscretion, 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 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 maythereafterat anytimeelectinsteadto applysuchfundsas provided in the foregoing. Subdivideragrees and hereby grants City a security interest in such accountto the extent requiredfor City to realize on its interests therein, and agrees to execute and deliver to City any other documents requestedby City in order to evidencethe creationand perfectionof 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 releasethe Faithful PerformanceSecurity Instrumentand Labor and MaterialsSecurityInstrumentwhen all of the followinghaveoccurred:
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
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iv) after passageof the time withinwhich lien claims are required to be madepursuantto Title3 (commencingwithSection9000) of Part 6 of Division4 of the CivilCodeof the State of California. If lien claims have been timely filed, City shall hold the Labor and MaterialsSecurityInstrumentuntilsuchclaimshavebeenresolved, Subdividerhasprovideda statutorybond, or otherwiseas required by applicable law.
b)
CityshallreleasetheMaintenanceandWarrantySecurityInstrumentupon Subdivider' s written request upon the expiration of the warranty period, and settlementof anyclaimsfiledduringthewarrantyperiod.
c)
The City may retainfrom any securityreleased, an amountsufficientto covercostsandreasonableexpensesandfees, includingreasonableattorney's - fees.

5. Cost of Construction and Provision of Inspection Service.

5. 1. Subdivider Responsible for All Costs of Construction. Subdivider shall be responsiblefor paymentof all costs incurredfor constructionand installation of the Works of Improvement. In the eventSubdivideris entitledto reimbursementfrom City for any of the Works of Improvement, such reimbursementshall be subject to a separate Reimbursement Agreementto be enteredintobetweenSubdividerandCitypriorto constructionof the Works of Improvement.

5. 2. Payment to City for Cost of Related Inspection and Engineering Services.

SubdividershallcompensateCityfor all of City's costsreasonablyincurredin havingits 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 establishedby the City. In no event shall Subdivider be entitledto additionalinspectionsor a finalinspectionandacceptanceof any of the Worksof Improvementuntilall Cityfeesandchargeshavebeenfully paid, includingwithoutlimitation, charges for applicable penalties and additional required inspections.

5. 3. Paymentof DevelopmentImpactFees. Subdividershall pay DevelopmentImpact 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 resolutionor resolutionsacceptingall offers of dedicationshown on the Map for the Property, withacceptanceto becomeeffectiveuponcompletionandacceptanceby Cityof theWorksof Improvement. Such resolution(s) shall authorizethe City Clerkto executethe Certificatemade 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 Improvementshouldfail or prove defectivewithin said one 1) yearperioddueto anyreasonotherthanimpropermaintenance, or if anysettlementof fill 01225. 0006/ 366470. 2
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or backfill occurs,
orshouldanyportionof theWorksof Improvementfailto fulfillanyrequirements of the Plans, Subdivider, within fifteen ( 15) days after written notice of such defects, orwithinsuchshortertimeasmayreasonablybedeterminedbytheCityintheeventofemergency, shallcommencetorepairorreplacethesametogetherwithanyotherworkwhich may be damaged or displaced in so doing. ShouldSubdividerfail to remedydefective materialand/orworkmanshipormakereplacementsorrepairswithintheperiodoftimeset forthabove, Citymaymakesuchrepairsandreplacementsandtheactualcostoftherequired laborandmaterialsshallbechargeabletoandpayablebySubdivider. Thewarrantyprovidedhereinshallnotbeinlieuof, butshallbeinadditionto, anywarrantiesorotherobligations otherwise imposed by law.

8. Default.

8. 1. DefaultbySubdivider. DefaultbySubdividershallinclude, butnotbelimitedto:
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;
c)
Subdivider's failureto performsubstantialconstructionworkfor a periodfor 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 failureto performany other obligationunderthis Agreement.

8. 2. Remedies. The City reservesall remediesavailableto it at law or in equity for a default or breach of Subdivider's obligations under this Agreement. The City shall have the right, subjectto thisSection, to drawuponor usetheappropriatesecurityto mitigatetheCity's damages in the event of default by Subdivider. The City's right to draw upon or use the securityis in additionto any other remedyavailableto City. The parties acknowledgethat the estimated costs and security amounts may not reflect the actual cost of construction of the improvementsand, therefore, City's damagesfor Subdivider's defaultshallbe measuredby thecostofcompletingtherequiredimprovements. TheCitymayusethesumsprovidedbythe securitiesfor the completionof the Worksof Improvementin accordancewith 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 Subdividerand the Subdivider's surety, Subdivider authorizes the City to perform the obligation for which Subdivider is in default and agrees to pay the entire cost of such performanceby 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 expenseof the Subdivider. In such event, City, without liability for doing so, may complete the Works of Improvement using any of Subdivider' s materials, appliances, 01225. 0006/ 366470. 2
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plansandotherpropertythatareat theworksiteandthatarenecessaryto completethe Works of Improvement.

8. 3. RemediesNotExclusive. InanycasewherethisAgreementprovidesa specific remedyto Cityfor a defaultbySubdividerhereunder, theSubdivideragreesthatthe choiceof remedyorremediesforSubdivider's breachshallbeinthediscretionoftheCity. Additionally, any remedyspecificallyprovidedin this Agreementshall be in additionto, and not exclusive of, City'srighttopursueanyotheradministrative, legal, orequitableremedytowhichit maybyentitled.

8. 4. Attorney' s Fees and Costs. In the eventthat Subdividerfails to performany obligationunderthisAgreement, SubdivideragreestopayallcostsandexpensesincurredbyCity in securing performance of such obligations, including costs of suit and reasonable attorney' s fees. In the eventof any disputearisingout of Subdivider's performanceof its obligationsunder this Agreementor under any of the Security Instrumentsreferencedherein, theprevailingpartyin suchaction, inadditiontoanyotherreliefwhichmaybegranted, shall be entitled to recover its reasonable attorney' s fees and costs. Such attorney' s fees and cost shallincludefeesandcostsonanyappeal, andinadditiona partyentitledto attorney's fees andcostsshallbeentitledto allotherreasonablecostsincurredin investigatingsuchaction, takingdepositionsanddiscovery, retainingexpertwitnesses, andall othernecessaryand related costs with respect to the litigation. All such fees and costs shall be deemed to have accruedon commencementof the action and shall be enforceablewhether or not the action is prosecuted to judgment.

8. 5. Waiver. No waiver by the City of any breachor default by the Subdividershall be consideredvalid unlessin writing, and no suchwaiver 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 propertyoccasionedby reason of the acts or omissions of Subdivider, its agents, employees, contractorsand subcontractorsin the performanceof this Agreement. Subdividerfurther agreesto protect, defend, indemnifyand hold harmlessCity, its officials, boardsand commissions, and membersthereof, agents, and employeesfrom any andall claims, demands, causesof action, liabilityor lossof anysort, becauseof, 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 sole active negligence of the City, its officials, boards, commissions, the members thereof, agents and employees, including all claims, demands, causesof action, liabilityor loss becauseof or arisingout 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 damagesor 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.

Recordationof the Notice of Acceptanceby the City of the Works of Improvementsshall not constitutean assumptionby the City of any responsibilityfor any damage or taking covered by thisSection. Cityshallnotbe responsibleforthe designor constructionof the propertyto be dedicated or the improvements pursuant to the approved improvement plans or map, regardlessof any negligentaction or inactiontaken by the City in approvingthe plans or map, 01225. 0006/ 366470. 2
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unlesstheparticularimprovementdesignwasspecificallyrequiredby Cityoverwritten objectionby Subdividersubmittedto theCityEngineerbeforeapprovalof theparticular improvementdesign, whichobjectionindicatedthattheparticularimprovementdesignwas dangerousordefectiveandsuggestedanalternativesafeandfeasibledesign.

AfterrecordationoftheNoticeofAcceptance, theSubdividershallremainobligatedto eliminateany latentdefectin designor dangerousconditioncausedby the designor constructiondefectfor a periodof one (1) year; however, Subdividershallnot be responsible forroutinemaintenance. It istheintentofthissectionthatSubdividershallberesponsiblefor allliabilityfordesignandconstructionoftheimprovementsinstalledorworkdonepursuantto thisAgreementandthatCityshallnotbe liableforanynegligence, nonfeasance, misfeasance ormalfeasanceinapprovingorreviewinganyworkorconstruction. Theimprovementsecurityshall not be requiredto cover the provisionsof this Paragraph.

SubdividershallreimbursetheCityforallcostsandexpenses, includingbutnotlimited to feesandchargesof architects, engineers, attorneys, andotherprofessionals, andcourt costs, incurredby City in enforcingthis Section.

10. Subdivider's IndemnityofProjectApproval. Subdividershalldefend, indemnify, andhold harmless the City and its agents, officers, and employees from any claim, action, or proceedingagainst the City or its agents, officers, or employeesto attack, set aside, void, or annul, anapprovaloftheCity, advisoryagency, appealboard, or legislativebodyconcerning the Subdivision. The City shall promptly notify the Subdivider of any claim, action, or proceedingandcooperatefullyin thedefenseof anysuchclaim, action, or proceeding. In the eventCityfailsto promptlynotifythe Subdividerof anyclaim, action, or proceeding, or if the City fails to cooperate in the defense, the Subdividershall not thereafter be responsibleto defend, indemnify, or hold harmlessthe City. Nothingin this Sectionprohibitsthe City from participatingin the defenseof anyclaim, action, or proceedingif Citybearsits ownattorney's feesandcostsanddefendsthe actionin goodfaith. Subdividershallnot berequiredto payor 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 designeefor Risk Managementpriorto commencingany 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.
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b) Commercial Business Auto policy with a minimum $ 1 million combined singlelimitforbodilyinjuryandpropertydamage, providingallofthefollowing 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 mobileequipmentincludingcranes which are not coveredundertheaboveCommercialBusinessAutopolicyshall
have said coverage provided under the Commercial General Liability policy.
c)
WorkersCompensationandEmployers' Liabilitypolicyin accordancewith the lawsof the Stateof Californiaand providingcoveragefor any and all employees of the Subdivider:
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) Pursuantto LaborCodesection 1861, Subdividerby executingthis 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- insurancein accordancewith theprovisions 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 permissionto self-insureworkers' compensationconformingto the requirements of the Labor Code.
d) Endorsements. All of the followingendorsementsare requiredto 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 consideredprimary insurance with respect to any other valid and collectible insurance the City may possess, includingany self- insuredretentionthe City may have and any other insurance the City does possess shall be considered excess insurance only."
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iii) " This insuranceshall act for each insuredand additional insured as though a separatepolicy has beenwritten for each. This, however, willnotactto increasethelimitof theinsuringcompany."
iv) "
Thirty (30) dayspriorwrittennoticeofcancellationshallbegivento the City of Chino in the event of cancellation and/or reduction in coverage, exceptthatten (10) dayspriorwrittennoticeshallapply 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)
AdmittedInsurers. All insurancecompaniesprovidinginsuranceto the Subdivider under this Agreementshall be admitted to transact the business of insurance by the California Insurance Commissioner.
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, Subdividershall provide City with a written warranty in a form substantiallysimilar to Exhibit C" attachedheretoand incorporatedhereinby reference, that:
a) Neitherthe propertyto be dedicatednor Subdividerare 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 01225. 0006/ 366470. 2
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or policy, includingbut not limitedto, all of those materialsand substances definedas "ToxicMaterials" in Sections66680through66685of Title22 of the CaliforniaCodeof Regulations, Division4, Chapter30, as the same shall be amendedfromtime to time, or anyothermaterialsrequiringremediationunder federal, stateorlocallaws, ordinances, rules, regulationsorpolicies. c) Subdivider has not caused or permitted the release of, and has no knowledgeof the releaseor presenceof, any HazardousSubstanceon the propertyto be dedicatedor the migrationof any hazardoussubstancefrom or to anyother propertyadjacentto, or in the vicinity of, the propertyto be dedicated. d) Subdivider's priorandpresentuseof thepropertyto bededicatedhasnot resultedin the releaseof any hazardoussubstanceon the propertyto be dedicated.

12.2. Subdividershallgivepromptwrittennoticeto Cityof:
a)
Anyproceedingor investigationbyanyfederal, stateor localgovernmental b) authority with respect to the presence of any hazardous substance on the propertyto be dedicatedor the migrationthereoffrom or to any other property adjacent to, or in the vicinity of, the property to be dedicated. c)
Any claims madeor threatenedby any third party againstCity or the propertyto be dedicatedrelatingto any loss or injury resultingfrom any hazardous substance; and
d) Subdivider's discoveryof any occurrenceor conditionon any property adjoining or in the vicinity of the property to be dedicated that could cause the propertyto be dedicatedor any partthereofto be subjectto any restrictionson its ownership, occupancy, use for the purposefor which it is intended, transferability or suit under any environmental law.

13. General Provisions.

13. 1. Successorsand Assigns. This Agreementshall 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 BernardinoCounty, affectingfee title interestto the Propertyto provideconstructivenotice 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 Subdivideras a conditionof 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 01225. 0006/ 366470. 2
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ReplacementSubdivider, andto acknowledgetherightsandobligationsassociatedwiththis Agreement upon the Replacement Subdivider, including Replacement Subdivider' s responsibilitytofurnishreplacementSecurityInstrumentsmeetingtheCity'sapprovalpursuantto Section 4 of this Agreement. Untilsuchtimeasa TransferAgreement, meetingtheCity'sapproval, is executed by Subdivider and its Replacement Subdivider, and replacement SecurityInstrumentsmeetingCity's approvalarefurnishedby the ReplacementSubdivider, SubdividerretainssoleresponsibilityformaintainingallSecurityInstrumentsrequiredpursuantto Section 4 of this Agreement.

13. 2. No Third- Party Beneficiaries. This Agreementis intendedto benefitonly the partiesheretoandtheirrespectivesuccessorsandassigns. NeitherCitynorSubdividerintend to createanythird-partybeneficiaryrightsin thisAgreementin anycontractor, subcontractor, memberof the generalpublic, or otherpersonor entity.

13.3. No Vesting Rights. Performanceby the Subdividerof this Agreementshall not be construedtovestSubdivider's rightswithrespecttoanychangeinanyzoningor buildinglaw 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 essenceof Subdivider's performanceof all of its obligations under this Agreement.

13. 6. Notices. Unless otherwise specified in this Agreement, all notices required or providedfor underthisAgreementshallbe in writinganddeliveredin personor sentby 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.

Noticeshall be providedto the personslistedon Pages1 and 2 of this Agreementby the parties for this purpose.

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

13. 7. No Apportionment. Nothingcontainedin this Agreementshall 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 and sewer mains, or other improvementspursuantto the provisionsof the City ordinancesprovidingtherefore. Nor shall anythingin the Agreement commit City to any such apportionment.

13.9. Captions. The captionsof this Agreementare for convenienceand referenceonly and shallnot be used in the interpretationof any provisionof this Agreement. 01225. 0006/ 366470. 2
17 149

13.10. Incorporationof Recitals. TherecitalstothisAgreementareherebyincorporatedinto the terms of this Agreement.

13.11. Interpretation. ThisAgreementshallbeinterpretedinaccordancewiththelawsof the State of California.

13.12. EntireAgreement; WaiversandAmendments. ThisAgreementintegratesall of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiationsandpreviousagreementsbetweenthepartieswithrespectto all or partof the subject matter hereof, except as may be expressly provided herein. All waivers of the provisionsof thisAgreementmustbe in writingandsignedby anauthorizedrepresentativeof thepartyto becharged, andallamendmentsheretomustbeinwritingandsignedbythe appropriate representatives of both parties.

13.13. Counterparts. This Agreementmay be executedin one or more counterparts, all of which taken together shall be deemed one original.

14. Authority. ThepersonsexecutingthisAgreementonbehalfof thepartieswarrantthe (I) 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 executingthis Agreement, such party is formally bound to the provisionsof this Agreement, and (iv) the entering into of this Agreement does not violateany provisionsof any other agreementto which said party is bound.

SIGNATURES ON NEXT PAGE]
01225. 0006/ 366470. 2
18 150
IN WITNESS WHEREOF, the City and the Subdivider have caused this Agreement to be executed the day and year first above written.

APPROVED AS TO FORM: APPRO ED AS TO CONTENT:

SIGNED IN COUNTERPART
tia t i
Fred Galante, City Attorney Nicholas S. i ori, AICP
Director of Development Services

EVER SUN INVESTMENTS, LLC
6)/ 57`'
0/ 2-
77)
40>
J
Signature and ate)
Name: SAan Weil C.( avc 17
Please type or print name)
Title: ( RI/
Please type or print title)

CITY OF CHINO
Matth a n ne, City Manager
Dated: 3, Z(
ATTEST:

B011/ 4_, / aL_c_---)Y
Angela bles, City Clerk
Dated: U - S- ZI
01225. 0006/ 366470. 2
19 151
DocuSign Envelope ID: 129710CE- 296A- 419E- A2CC- 0F6B8FA146B2 INWITNESSWHEREOF, theCityandtheSubdividerhavecausedthisAgreementtobeexecutedthe day and year first above written.

APPROVED AS TO FORM: APPRO ED AS TO CONTENT:
p- nocuslgnea by:

Fva aa6A t,
cia ni
Fred Gaaari><enXifyA0ttomey Nicholas S. i ori, AICP
Director of Development Services

EVER SUN INVESTMENTS, LLC
By.,9A - o12-7/)
Signature and ate)
Name: SAan AH Chu
Please type or print name
Title: affit W
Please type or print title)

CITY OF CHINO
Matthew Ballantyne, City Manager
Dated:

ATTEST:

By
Angela Robles, City Clerk
Dated:
01225. 0006/ 366470. 2
19 152
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 Icxxx- ro cx. rsc( x),-- m . ,.. - xx:. W r rrc, p,,c. r rip, xxx--<. c: c r x., 04-- x , c( srm ;.-:, - r Anotarypublicorotherofficercompletingthiscertificateverifiesonlytheidentityoftheindividualwhosignedthe documenttowhichthiscertificateisattached,andnotthetruthfulness,accuracy,orvalidityofthatdocument.

State of California
Countyof, ii C_
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On ......._ X.... 2-0'Zi J...before me,....._ C. -(( k Co-.,, 1 vt• '
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who proved to me on the basis of satisfactory evidence to be the rson whose nam ti / are subscribed to the within instrument and acknowledged to me that heK/they executed the same in hise/
their authorized capacity( i , and that by his /
theirsignature{gi)ontheinstrumenttheperson(;or entity upon behalf of which the persorqacter, executed the instrument.

I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing para. -
A A A A - A A AA A A A A, is true and .. - t.
a '. JEANNE CONLEY WITN . S my hand a • o ficial seal F, , COMM.# 2258882 N
Notary Public- California yg
iN , ' r SAN BERNARDINO COUNTY Signature....................._ MyComm. Exp.Oct 17, 2022 To...........
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Place Notary Seal Above

OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
h6l/ 4_4--}-
Title or Type of Document: 6w N t5 t c1. 4' Q0 V. Document Date: ( t Izi - _k___
Number of Pages: 20 Signer( s) Other Than Named Above:

Capacity( ies) Claimed by Signer( s)
S ' s Name: Signer' s Name:
rporate Officer Title( s): Cl Corporate Officer — Title( s):

Partner — Limited General Eli Partner — 0 Limited General individual Li Attorney in Fact El Individual E::.l Attorney in Fact Li Trustee I Guardian or Conservator O Trustee O Guardian or Conservator Other:_ E_ Other:

Signer Is Representing: Signer Is Representing:
c, ec:<,,, x,••r%;,, x,,,,,,. x., x i.. x,, xN,- . K vx, r,; A,„ r tr„ x M . xxx,. e K. x r';< K• K. t.:rCx% c. c:x.,, r.xx:°;,. rxxx.`,;. c. r% C,,,•<; m. U^: x;,,•,, > c 2014 National Notaiy Association• www. NationalNotary.org• 1- 800- US NOTARY( 1- 800- 876- 6827) Item# 5907 01225. 0006/ 366470. 2
153
Exhibit A
PARCEL MAP NO. 20058

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EXHIBIT " B"
PARCEL MAP NO. 20058 WORKS OF IMPROVEMENT
A. Removalof undesirable, dangerousanddeadplantmaterialsandroots.

B. Allonsiteandoffsitegradingasspecifiedontheapprovedgradingplan.

C. Relocationof all publicutilitystructuresas necessaryto properlyconstructthe required improvements.

D. Sanitarysewersconstructedasshownontheapproved, engineeredplansandin accordance with City Standards.

E. Water mains, valves, hydrants, services, meters and appurtenances to serve each lot as shownon the approvedconstructionplansand in accordancewith City Standards.

F. Undergroundinstallationof all electrical, telephone, cabletelevisionandany other energy or communication lines that abut or are within the project site.

G. A streetlightingsystem (City-owned) inaccordancewithCityStandards.

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

I. Installation of concrete curbs, gutters, sidewalks, cross gutters, driveways and intersectionsas shown on approvedconstructionplans and in accordancewith City Standards.

J. Installationof asphalt concrete or Portland Cement Concrete street pavement on base materialas shown on approvedconstructionplansand in accordancewith City Standards.

K. Street signs at intersections per the City Standards.

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

M. Setting monuments as required by the State Code.

The Subdividershall also perform all work and furnish all materials necessary, in the opinion of the Director of Development Services or his designee and on his order, to complete the improvements in accordance with the plans and specifications on file as hereinbefore specified, or any changes required or ordered by said Engineer which, in his opinion, are necessary or required to complete this work. 01225. 0006/ 366470. 2 B-
155
RESOLUTIONNO 2020-080

EXHIBIT C
CIT' l' OF CHIN()

ENGINEERING COST ESTIMATE
PROJECT NO: PM 20058
LOCATION: Northwest Corner of Central and Eucalyptus Avenues By: BLUE PEAK ENGINEERING
DATE: 5/ 2412021
Quantity Unit Item Unit Total Cost
Price Per Item
STREETS q
EA Tree Removal 800. 00 $
10 CY Concrete Removal 325. 00 $ 3, 250. 00
5 CY AC Pavement Removal 100. 00
w$
500. 00,
CY Imported Common Fill( Intl. Compaction) 34. 00 $
SF Preparation of Subgrade, Sidewalk and Paving 1. 00 $ LF PCC 8" Curb& 24" Gutter on 6" AS 26. 00 $
LF PCC 8" Curb& 24" Gutter on 8' AB 24. 00 $
51 LF PCC Curb Only 20. 00 $ 1, 020. 00
LF 8" A. C. Berm 20. 00 $
SF 8" PCC Cross Gutter on 6" AB 16. 00 $
3845 SF 4" PCC Sidewalk 5. 80 $ 22, 301. 00
SF 6". PCC Thick Drive Approach on 6" AB 12. 50 $
1779 SF 8" PCC Thick Drive Approach on 6" AB 15. 00 $ 26, 685. 00 LF 2" x 6" Redwood Header 7. 50 $
1 EA Street Sign and Post 475. 00 $ 475. 00
EA Traffic Sign and Post 400. 00 $
EA Reflector Sign and Post 175. 00 $
EA Painted Legend 6. 50 $
SF Prime or Tack Coat 0. 08 $
13 TON AC Variable-< 300T 130. 00 $ 1, 690. 00
TON AC Variable-> 300T 120. 00 $
9 TON CAB Variable-< 300T 100. 00 $ 900. 00
TON CAB Variable-> 300T 90. 00 $
EngCostEstimate Page 1 of 10 Effective Date: January 1, 2021 156
RESOLUTION NO 2020- 080

EXHIBIT C
CIT1' OF CHINO
ENGINEERING COST ESTIMATEG% w..

PROJECT NO: PM 2005E
LOCATION: Northwest Corner of Central and Eucalyptus Avenues By: BLUE PEAK ENGINEERING
DATE: 5/ 24/ 2021
Quantity Unit Item Unit Total Cost
Price Per Item

STREETS
EA Adjust Sewer Manhole to Grade 950. 00 $
EA Adjust Sewer Cleanout to Grade 500. 00 $
EA Adjust Water Valve and Can to Grade 525. 00 $
2 EA Street Light( City Owned 7, 700. 00 $ 15, 400. 00 EA Electrical Pedestal 6,500.00 $
EA Lot Monument Setting Fee 550. 00 $
267 LF Sawcut A. C. 3. 00 $ 801. 00
LF Sawcut Concrete 3. 00 $
1335 SF Cold Plane A. C. 2" Thick 0. 28 $ 373. 80 LF Signing& Striping for
Arterial 19. 00 $
Collector 13. 00 $
Local 7, 00 $
EA Traffic Signal( 8- Phase Controller) 350, 000. 00 $ EA Modify existing Traffic Signal per Quadrant 75, 000. 00 $ IF Chain Link Fence
4 foot Residential Grade( Add$ 7.00/ LF for Removal of
ExistingFenced' 25. 00 $
6 foot School fence( Add$ 9. 00/ LF for Removal of
Existing Fence) 35. 00 $
EA Utility Poles
Transmission 11, 500. 00 $
Distribution 8, 000. 00 $
Service 3, 000. 00 $
EngCostEstimate Page 2 of 10 Effective Date: January 1, 2021 157
RESOLUTION NO 2020- 080

EXHIBIT C
4; 01 CITY () F CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: PM 20058
LOCATION: Northwest Corner of Central and Eucalyptus Avenues By: BLUE PEAK ENGINEERING
DATE: 512412021
Quantity Unit Item Unit Total Cost
Price Per Item

STREETS
Landscape( Including shrubs, Hardscape, Irrigation, Ground Cover, Lighting, Installation Labor and Connection to
21822 SF Existing Systems) 15. 00 $ ' 327, 330. 00
14foot MedianwithLandscape,Irrigation,Lighting,
LF Hardscape, Curb, Gutter& Pavement 300. 00 $
Rail Road Crossing
Safety Equipment( Complete Including Crossing Gates,
LS Signs, and Lights) 50% 000. 00 $
SF Track Crossing( Concrete) 175. 00 $
SF Approach 4. 00 $
2 EA S. W. Ramps,.( A. D. A. Compliant) 4000. 00 $ 8, 000. 00 EA Traffic Signal Loops 600. 00 $

STREETS
STREET SUBTOTAL 408, 725. 80
LS Mobilzation( 5% of Construction Cost) 5% $ 20, 436. 29 LS Traffic Control( 5% of Construction Cost) 5% $ 20 436. 29 LS Clear& Grub Site( 5% of Construction Cost) 5% $ 20, 436. 29 LS Excavation( Clean Material)( 5% of Construction Cost) 5% $ 20, 436. 29 GRANO TOTAL STREETS ONLY 490, 470. 98
EngCostEstimate Page 3 of 10 Effective Date. January 1, 2021 158
RESOLUTIONNO 2020-080 ,

EXHIBIT C
ti ENGINEERING COST ESTIMATE
0'
W-
PROJECT NO: PM 20058
LOCATION: NorthwestCornerof CentralandEucalyptusAvenues By: BLUE PEAK ENGINEERING
DATE: 5r24r2021
Quantity Unit Item Unit Total Cost
Price Per Item
WATER
LF Trench Support/ Shoring( 6 foot depth) 15. 00 $ CY Pipe Bedding& Compaction( Imported) 90, 00 $
6"Pipe& FittingsInstalled,includingexcavation,bedding,
LF backfill and pavement restoration 80. 00 $
8" Pipe& FittingsInstalled,includingexcavation,bedding, LF backfill and pavement restoration. 100. 00 $
12"Pipe&FittingsInstalled,includingexcavation,bedding,
LF backfill and pavement restoration 135. 00 $
18"Pipe& FittingsInstalled,includingexcavation,bedding, LF backfill and pavement restoration 175. 00 $
LF Removal, Disposal of ACP and Backfill 150. 00 $
EA 6" Gate Valve, 2, 000. 00 $
EA 8" Gate Valve 2, 600. 00, $
EA 12" Gate Valve 4, 500. 00 $
EA 18" Gate Valve 7, 500. 00 $
1 EA Fire Hydrant Assembly per CityStd. 7, 500. 00 $ 7, 500. 00 EA Blow- off Assembly 4" per City Std. 8, 600. 00 $
1 EA 2" Air Relief Assembly 4, 500. 00 $ 4, 500. 00 EA 1" Water Service/ Meier 3, 500. 00 $
4' EA 2" Water Service/ Meter 4, 500. 00 $ 18, 000. 00 WATER
WATER SUBTOTAL 30, 000. 00
LS Mobilzation( 5% of Construction Cost) 5% $ 1, 500. 00 LS Traffic Control( 5% of Construction Cost) 5% $ 1, 500. 00 GRAND TOTAL WATER ONLY 33, 000. 00
EngCosiEstimate Page 4 of 10 Effective Date: January 1, 2021 159
RESOLUTION NO 2020-080

EXHIBIT C
c"` ,„ CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: PM 20058
LOCATION: Northwest Corner of Central and Eucalyptus Avenues By: BLUE PEAK ENGINEERING
DATE: 5/ 24120 21
Quantity Unit Item Unit Total Cost.

Price Per Item
RECYCLED WATER 4
LF Trench Support/ Shoring( 6 foot depth) 15. 00 $ CY Pipe Bedding( Imported) 90, 00 $
6" Pipe& FittingsInstalled,includingexcavation,bedding, IF backfill and pavement restoration 80, 00 $
8" Pipe& FittingsInstalled,includingexcavation,bedding, LF backfill and pavement restoration. 100. 00 $
12" Pipe& FittingsInstalled,includingexcavation,bedding, LF backfill and pavement restoration 135. 00` $
18" Pipe& FittingsInstalled,includingexcavation,bedding, LF backfill and pavement restoration 175. 00 $
EA 6" Gate Valve 2, 000. 00 $
EA 8" Gate Valve 2, 600. 00 $
EA . 12" Gate Valve 4, 500. 00 $
EA 18" Gate Valve 7, 500. 00 $
EA Fire Hydrant Assembly per CityStd. 7, 500. 00, $
EA Blow- off Assembly 5" per City Std. 8, 600. 00 $
EA 2" Air Relief Assembly 4, 500. 00 $
EA 1" Water Service/ Meter 3, 500. 00 $
1 EA 2" Water Service/ Meter 4, 500. 00 $ 4, 500. 00

RECYCLED WATER '
RECYCLED WATER SUBTOTAL 4, 500. 00
LS Mobilzation( 5% of Construction Cost) 5% $ 225. 00 LS Traffic Control( 5% of Construction Cost) 5% $ 225. 00 GRAND TOTAL RECYCLED WATER ONLY 4, 950. 00
EngCostEstimate Page 5 of 10 Effective Date: January 1, 2021 160
RESOLUTIONNO 2020-080

EXHIBIT C
fi CITY OF CHI1NO

ENGINEERING COST ESTIMATE
PROJECT NO: PM 20058
LOCATION: Northwest Corner of Central and Eucalyptus Avenues By: BLUE PEAK ENGINEERING
DATE: 5/ 24/ 2021
Quantity Unit Item Unit Total Cost
Price Per Item
SEWER
IF Trench Support/ Shoring 15.00 $
4" V.C.PInstalled,includingexcavation,bedding,backfill
70 LF and pavement restoration 75. 00 $ 5, 250, 00
8" V.C.P Installed,includingexcavation,bedding,backfill LF and pavement restoration 93, 00 $
10"V.C.P.Installed,includingexcavation,bedding,backfill LF and pavement restoration 103. 00 $
12"V.C.P. Installed,includingexcavation,bedding,backfill LF and pavement restoration 123.00 $
15"V.C.P.Installed,includingexcavation,bedding,backfill LF and pavement restoration 143. 00 $
18"V.C.P.installed,includingexcavation,bedding,backfill LF and pavement restoration 163. 00 $
21" V.C.P. Installed, including excavation, bedding, backfill LF and pavement restoration 193. 00 $
24"V.C.P.Installed,includingexcavation,bedding,backfill LF and pavement restoration 208. 00, $
EA Sewer Saddle 450. 00 $
2 EA Wyes 4" x 8" Typical 225. 00 $ 450. 00
3 EA 48" Sewer Manhole 4, 700. 00 $ 14, 100. 00
EA 60" Sewer Manhole 7, 500. 00 $
EA Sewer Cleanout 1, 800. 00 $
SEWER
SEWER SUBTOTAL 19, 800. 00
LS Mobilization( 5% of Construction Cost) 5% $ 990. 00 LS Traffic Control( 5% of Construction Cost) 5% $ 990. 00 GRAND TOTAL SEWER ONLY 21, 780. 00
EngCostEstimate Page 6 of 10 Effective Date: January 1, 2021 161
RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO
i
ENGINEERING COST ESTIMATEy= ++ y
PROJECT NO: PM 20058
LOCATION: Northwest Corner of Central and Eucalyptus Avenues By: BLUE PEAK ENGINEERING
DATE: 5/ 24/ 2021
Quantity Unit Item Unit Total Cost
Price Per Item

STORM DRAIN
LF 24" X 36" C. M. P. A.( 10 Gauge) 230. 00 $
LF 27" x 43" C. M. P. A( 10 Gauge) 250. 00 $
EA Storm Drain Manhole# 1 10, 000. 00 $
EA Junction Structure# 2 ( 24" or larger) 8, 850 00, $ EA Junction Structure# 4 ( 24" or smaller) 4000. 00 $ EA Outlet Structure 7, 000. 00 $
EA Catch Basin 3. 5' Width 7, 200. 00 $
EA , Catch Basin r Width/ LD. 7, 900. 00 $
EA Catch Basin 10' Width/ L. D. 9, 950. 00 $
EA Catch Basin 14' Width/ L. D. 11, 000. 00 $
EA Catch Basin 21' Width/ L. D. 13, 000. 00, $
18 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration 200. 00 $
24 inchRCPInstalled includingexcavation,bedding,
LF backfill and pavement restoration 240. 00 $
27 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration 260. 00 $
30 inchRCPInstalled,includingexcavation,bedding,
LF backfill and pavement restoration 280. 00 $
33 inchRCPInstalled,includingexcavation,bedding,
LF backfill and pavement restoration 295. 00 $
36Inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration 310. 00 $
39inchRCPInstalled,includingexcavation,bedding,
LF backfill and pavement restoration 320. 00 $
42 inchRCPInstalled,Includingexcavation,bedding,
LF backfill and pavement restoration 330. 00 $
45 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration 360. 00 $
48 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration 385. 00 $
54 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration 440. 00 $
60 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration 500. 00 $
EngCostEstimate Page 7 of 10 Effective Date January 1, 2021 162
RESOLUTION NO 2020- 080 ,

EXHIBIT C

CITY OF CHINO
lc4 ENGINEERING COST ESTIMATE
PROJECT NO: PM 20058
LOCATION: Northwest Corner of Central and Eucalyptus Avenues By: BLUE PEAK ENGINEERING
DATE: 512 412 0 21
Quantity Unit Item Unit Total Coat
Price Per Item

STORM DRAIN
66 inch RCP Installed, including excavation, bedding,
t
LF backfill and pavement restoration 560. 00 $
72 inchRCPInstalled,includingexcavation,bedding,
LF backfill and pavement restoration 625, 00 $
78 inchRCPInstalled,includingexcavation,bedding,
LF backfill and pavement restoration 690. 00 $
84 inchRCPInstalled,includingexcavation,bedding,
IF backfill and pavement restoration 765. 00, $
90 inchRCPInstalled,includingexcavation;bedding,
LF backfill and pavement restoration 830,00 $
96 inchRCPInstalled,includingexcavation,bedding,
LF backfill and pavement restoration 920. 00 $
102inchRCPInstalled,includingexcavation,bedding,
LF backfill and pavement restoration 1, 000. 00, $
108inchRCPInstalled,Includingexcavation,bedding,
IF backfill and pavement restoration 1, 075. 00 $
7' x 6' RCB Installed, including excavation, bedding, backfill LF and pavement restoration 700. 00 $
7"x 8.5' RCBInstalled,includingexcavation,bedding,
LF backfill and pavement restoration 820. 00 $
7' x9.5' RCBInstalled,includingexcavation,bedding,
LF backfill and pavement restoration 870. 00 $
8' x 11'RCBInstalled,includingexcavation,bedding,backfill LF and pavement restoration 1, 000. 00 $
8'x13'RCBInstalled',includingexcavation,bedding,backfill IF and pavement restoration 1, 100. 00 $
9' x 9' RCB Installed, Including excavation, bedding, backfill LF and pavement restoration 1, 000. 00 $
9' x 12' RCB Installed, including excavation, bedding, backfill LF and pavement restoration 1, 100. 00 $
4' x 6' RCBInstalled,includingexcavation,bedding,backfill IF and pavement restoration 680. 00 $

STORM DRAIN

STORM DRAIN SUBTOTAL
LS Mobilization( 5% of Construction Cost) 5% $
LS Traffic Control( 5% of Construction Cost) 5% $

GRAND TOTAL STORM DRAIN ONLY
EngCostEshmate Page 8 of 10 Effective Dale: January 1, 2021 163
RESOLUTION NO 2020-080

EXHIBIT C
CITY OF CHINOfir '

ENGINEERING COST ESTIMATE
PROJECT NO: PM 20058
LOCATION: Northwest Comer of Central and Eucalyptus Avenues By: BLUE PEAK ENGINEERING
DATE: 512 412 0 2 1
Quantity Unit Item Unit Total Cost
Price Per Item
1 DIRECT COSTS GRAND TOTAL STREETS ONLY 4 '$ 6
GRAND TOTAL WATER ONLY 83, 000. 00

GRAND TOTAL RECYCLED WATER ONLY
x$

4. 960. 00
GRAND TOTAL SEWER ONLY£,;__ e` 21, 790. 00
GRAND TOTAL STORM: RAIN ONLY

GRANDTOTAL(FORPLANCHECK&IN&PECTIONFEE
DETERMINATIONS 550, 200. 96
PROJECT ADDITIVES Prefect C
P= •.

Gfea 10% $ 55,020.10
Construction S
44 ,
as
3% $ 16,5Q6.03
Testing 1% $ 5Q2. 01
struction Inspec . 4. 8% $ 26, 409 66'
Contract Admini zc( Ion 1% $ ., , 5, 62.

76.r,. GRAND TOTAL( FOR D AMOUNTS) ti61, S43: 76
EngCostEstimate Page 9 of 10 Effective Date: January 1, 2021 164
RESOLUTIONNO 2020-080

EXHIBIT C

CITY () F CIIIN()
ENGINEERING COST ESTIMATEiJ
PROJECT NO: PM 20058
LOCATION: NorthwestCornerof Centraland EucalyptusAvenues By: BLUE PEAK ENGINEERING
DATE: 5/ 24/ 2021
Quantity Unit Item Unit Total Cost
Price Per Item

BY ENGINEER
Prepared By:

R. C. E. Number
Expiration:

ESS/•
I.SsçL LDe,
No, CO60482
Exp.# 6- 30- 22 *
I
ar2
1 40,402
Place R.C.E. Stem) and Signature Here( required)

BY CITY
Faithful Performance Bond( 100% of Construction Cost) 664, 600. 00 Labor& Material Bond( 50% of Construction Cost) 332, 300. 00 Warranty Bond( 10% of Construction Cost) 66, 500. 00
EV"

CITYOFCHINOI NGINEERING
BYe6,271YDATE
EngCostEstimate Page 10 of 10 Effective Date January 1, 2021 165

NL CM DSH X

MB IA X MK
GP
E- Mail Sent: 10/ 20/ 20
To: R. Murphy

DEVELOPMENT ENGINEERING DIVISION CONDITIONS OF APPROVAL PL 18- 0112 ( PARCEL MAP NO. 20058) & 18- 0113 ( SITE APPROVAL) DATE: October 10, 2019 October 20, 2020 PC MEETING DATE: Dev. Mod. October 20, 2020 PROJECT DESCRIPTION: Two Concrete Tilt- up Warehouse/ Office Buildings PROJECT LOCATION: 14468 Central Ave, NWC Central Ave at Eucalyptus Ave APPLICANT: Ignacio Crespo, OC Engineering PROJECT ENGINEER: D. Hammer/ I. Abreo

PRIOR TO THE THREE 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.

BOLD TEXT INDICATES REVISED CONDITIONS FOR TIME EXTENSION # 1.

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.

1.3a Make the following dedications:

Street Name Distance Direction From C/ L
Central Ave 55 feet West

1.3b Dedicate to the City a corner cutoff dedication at the northwest corner of Central Ave. and Eucalyptus Ave. per City Municipal Code, Section 66434.5.

1.3c Prepareand recordnecessarydrainageeasementsto implementthe projectin accordance with drainage law including replacement of the existing private drainage easement from the property on the north side of this site.

1.4 Provideandrecorda reciprocaluseagreementto assurecommoningressandegressandjoint maintenance of all common access, parking areas and drives.

1.5 Provide a set of proposed Covenants, Conditions and Restrictions ( CC& R) for review and approval. The proposed CC& Rs shall contain the Association' s/Owner' s maintenance obligations with respect to various facilities including, but not limited to, right- of- way landscaping, private streets, sidewalks, utilities, street lights, and Water Quality Management Plan (WQMP) features. This documentmust be submittedto and approvedby the City before it is submitted to any other governmental entity.
166
PL 18- 0112 ( PM NO. 20058) & 2 October 10, 2019 Dev Mod October 20, 2020 PL 18- 0113 ( SITE APPROVAL)

1.6 Executea SubdivisionAgreementandsubmitsecurityin an amountacceptableto theCity Engineerto guaranteeconstructionof thepublicimprovementslistedin 2.8. All securitymust beaccessibleto the Cityat anytimeandina formacceptableto theAssistantCityManager, pursuant to Government Code, Section 66499.

1.7 Providea MonumentationBondinanamountspecifiedinwritingbya RegisteredEngineeror Licensed Land Surveyor of Record.

1.8 Completeandfilethepetitionforannexationofyourprojectpropertyto theCity's Landscape and Street Lighting Maintenance District MD 2002- 1.

1.9 Comply with all applicable requirements of the City Code.

1.10 Payall applicablefees pursuantto City Codeincluding, but not limitedto, plan checkfees.

2. 0 PRIOR TO ISSUANCE OF BUILDING PERMITS FOR ANY LOT WITHIN THE SUBDIVISION/ PRIOR TO THE ISSUANCE OF THE CONSTRUCTION PERMITS::

2.1 RecordParcelMapNo. 20058pursuanttotheSubdivisionMapActandinaccordancewithCity Code. Providea duplicatephotomylarof the recordedmapto the City Engineer's office.

2.2 All required plans and studies shall be preparedby a RegisteredProfessionalEngineer 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 Prepareand submita drainagestudy, includingsupportinghydraulicand hydrologicaldata 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.

2.4 Prepareand submit a final grading plan showingbuildingfootprints, 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.

2.5 Providea certificate, from a RegisteredCivil Engineer, certifyingthat the rough graded pad has been completed in accordance with the City approved grading plan.

2.6 Design and install a monitoring manhole ( per City Standard No. 530) on each domestic sewer lateral connection from any industrial building into the City's main sewer or into a private sewer main that is tributary to the City's main sewer. In addition, design and install a sampling Wye on a stubbed- out sewer lateral connection into the main sewer for each industrial building in this development.
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2.7 DesignperCityStandardsfullpublicimprovementsforallimpactedandinteriorstreets/facilities inaccordancewithCityCode, StandardsandSpecifications. Suchpublicimprovementsmay include, but not be limited to the following: ( Pleasecoordinateand verify all requirementswith the project engineer.)
Central Eucalyptus
Ave. Ave.

Curb & Gutter( Offset from Centerline)
Sidewalk( Width) 5 feet(
1)
5 feet(')
Asphalt Concrete Pavement on Aggregate
Base
Width from Centerline)
Asphalt Concrete Overlay
Street Lights X X
Median Island and Landscaping
Parkway Landscaping X X
Striping and Traffic Controls X(
2)
X
Traffic Signal Interconnect X
Conduit System for CATV
Sewer
Storm Drain X
Domestic Water X( 3)
X( 3)
Recycled Water X( 3) X( 3)
1)Sidewalk shall be constructed right-of-way adjacent to facilitate meeting accessibility requirements. The curb ramp at Central Ave. and Eucalyptus Ave. shall be reconstructed and may require curb return reconstruction, traffic signal pole replacement and the relocation of the street light that has the pedestrian pushbutton for the cross- walk. Sidewalks shall provide a minimum of 60 inches of width that is compliant with accessibility requirements. Rounded edges of concrete walks are not part of the accessible path. 2)Trafficcontrolmayinclude, but not limitedto, replacementof the traffic signal poles, pullboxes and loop detectors. Limits of striping plans shall be determined by the City. 3) Recycled water shall be used for irrigation if available. The irrigation system shall be" recycled water ready". Coordinate location of meters with Engineering.

2.8 Obtaindesignand planapprovalfromappropriateutilitycompaniesfor undergroundingall utility lines adjoining and interior to the project, including power lines of 34.5 kV or less, in accordance with City Code, Chapter 13. 32.
168
PL 18- 0112 ( PM NO. 20058) & 4 October 10, 2019 Dev Mod October 20, 2020 PL 18- 0113 ( SITE APPROVAL)

2.9 Pay all applicablefees pursuantto City 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 Section 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.

Developeris solely responsiblefor remaininginformedabout 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 Section 3. 40. 080( B) or 3. 45. 080( B).

2.10 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 grading 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.

2.11 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.

2.12 Any future maintenance and repair of fire service and sewer laterals to the project site shall be the sole responsibility of the applicant/ property owner in accordance with City Code, Chapter

13. 04. 175 and 13. 12. 150.

2.13 Convey ownership of all existing onsite water wells to the City and convert to monitoring wells as directed by the City's 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.

2.14 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.

2.15 All public street corners shall have a minimum curb radius per City Code, Chapter 19.06 and City Standards and Specifications.

2.16 Provideadequatesight distanceper City StandardNo. 865 for each projectdrivewayand at all intersections. Landscaping type and height shall be maintained to ensure sight distance requirements are perpetuated.
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PL 18- 0112 ( PM NO. 20058) & 5 October 10, 2019 Dev Mod October 20, 2020 PL 18- 0113 ( SITE APPROVAL)

2.17 SubmittotheCityelectronicfiles, inAdobeAcrobatPDFformat,ofallsubmittals, includingreports, studies, improvement plans, and City redlines of previous submittals.

2.18 The developeris responsibleto contractwith the City's designatedtraffic signal maintenance company for ongoing maintenance of traffic signals listed in Sections 2.8 until such time the improvements are accepted by the City.

2. 19 Other Conditions:
a. Providean easement for the propertyownerto the north of this project to use the existing pavement and drive approach that fronts or is on your property along Central b. Provide a 5-foot sidewalk at the existing drive approach in I- 2.21a above. The sidewalk shall continue northerly along the frontage of APN 1021-361-14 and tie into the existing sidewalk at the Central Ave & College Park Pkwy intersection.

Construction of these improvements is subject to reimbursement as determined by the City. ( Modified 10/20/2020 by the Director of Development Services) c. Provide new drainage easement to property owner north of your site and vacate old easement.
d. The new drive approach on Central Ave. shall have the pork chop adjusted to move it backfrom the curb face alignment7 feet. The north and south edges of the pork chop area between the Central Ave. curb face alignment and the pork chop shall be shown by yellow paint. The driveway shall not be used by trucks to access this project. Signs shall be posted on Central Ave. accordingly.
e. Developer/ owner and/or tenant is responsible for all landscape maintenance, including in Public Right-of-Way, along project frontage.
f. Per the City's General Plan, Central Ave. is intended to have a total curb to curb distance of 90 feet ( 45 feet from centerline) with 3 lanes in each direction. This would require the need for widening Central Ave. along project frontage, which currently does not meet the distance of 45' from centerline. Public improvement in- lieu fees will need to be paid for the ultimate widening of Central Ave. which may include, but is not limited

3. 0 PRIOR TO REQUEST AND RELEASE OF ANY OCCUPANCY PERMITS:

3. 1 Construct and secure Development Services Department approval of all required improvements and public facilities enumerated under Section 2.0 above ( per Resolution No. 88-23).

3.2 Underground all utility lines adjoining and interior to the project, including power lines of 34.5kV or less in accordance with City Code, Chapter 13. 32.

3.3 Distribute for signature of all buyers the information and disclosure notice announcing that the development will be annexed to the City's Landscape and Street Lighting Maintenance Assessment District before transfer of property title and completion and acceptance of all public improvements.

3.4 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.

3.5 Slurryseal alongall streets impactedby the developmentas directedby City staff. Installsigning and striping per approved plans.
170
PL 18- 0112 ( PM NO. 20058) & 6 October 10, 2019 Dev Mod October 20, 2020 PL 18- 0113 ( SITE APPROVAL)

3.6 Submitto the City, electronicfiles of Tract/ParcelMapand "as-built" improvementplansin AUTOCAD format and Adobe Acrobat PDF format. AUTOCAD and GIS shape files shall be submitted as an archived zip file of the improvement drawings with all base files attached.

DH/ IA
Attachment
171

CITY OF CHINO DEVELOPMENT SERVICES DEPARTMENT DEVELOPMENT

ENGINEERING DIVISION

ITEMS REQUIRED FOR FIRST PLAN CHECK SUBMITTAL
PARCEL MAP NO. 20058
PROJECT ENGINEER: D. Hammer/ I. Abreo
DATE: October 20, 2020

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) with support documents 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
El 2 Copies of right-of-way dedication
4 Sets of Rough Grading Plans
5 Sets of Precise Grading Plans with onsite drainage improvements 4 Sets of Storm Drain Plans
2 opies 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, one for public improvements to be constructed and one for in lieu fees 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
El 3 Sets of Domestic Water Plans ( revise as- built plans for new services) 2 Sets of Recycled Water Plans ( revise as- built plans for new laterals) 2 Sets of Street Light Plans
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
2 Water Quality Management Plan
Rev. 10/ 20/ 2020
172

ADA ACCESSIBILTY

CONDITIONS OF APPROVAL
DATE: October 21, 2020
PROJECT FILE NO.: PL18-0112 (Tentative Parcel Map) and PL18-0113 (Site Approval) Time Extension No. 1)
LOCATION: Northwest corner of Central Avenue and Eucalyptus Avenue APN: 1021- 361- 13)
APPLICANT: CEG Construction

1. 0 GENERAL:

1. 1 All improvements shall comply with applicable federal, state, and local accessibility regulations, standards and guidelines.
a. The approval of plans and specifications does not permit the violation of any section of federal law, state law, or local ordinance.
b. Where accessibility standards are contradictory, the provision that provides the most accessible condition shall apply.
c. Where the project's conditions of approval conflict with accessibility standards, the prevailing provision shall be determined by City staff.

1. 2 Accessibility of existing and proposed building improvements will be evaluated by the City's Building Staff. Those conditions of approval are in addition to those provided herein.

1. 3 Conventional industry construction and manufacturing tolerances do not apply to dimensions where the requirement is stated as a range with specific maximum and minimum end points. The range provides the adequate tolerance and no tolerance outside of the range at either point is permitted. To comply, structures shall be designed to a value below the maximum or above the minimum. ( 11 B- 104. 1)

2. 0 COMMENTS:

2. 1 Pedestrian facilities shall be constructed according to the site plan for this project, as approved during the DRC process. Where compliance with accessibility regulations is in conflict with the site plan, the accessibility regulations in effect at the time of construction shall prevail.

2. 2 Provide newly constructed sidewalk with a minimum clear width of five feet on the frontage of the project. The sidewalk shall connect to the existing sidewalk of adjacent properties.

2. 3 Provide a directional ramp at the corner of Central Avenue and Eucalyptus Avenue to facilitate pedestrian crossing from north to south across Eucalyptus. There is no pedestrian crossing required across Central Avenue on the north side of the intersection.
173

ADA ACCESSIBILTY CONDITIONS OF APPROVAL
FILE NO.: PL18- 0112 and PL 18- 0113 ( TE- 01) DATE:

2. 4 Existing pedestrian facilities on the frontage of the development and existing structures 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 improvements. This includes, but is not limited to, park facilities, sidewalks, curb ramps, connecting crosswalks ( marked and unmarked), and their associated pedestrian facilities ( pedestrian push buttons, etc.). a. 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. b. 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. 174
EXHIBIT " C"
PARCEL TRACT NO. 20058

EVER SUN INVESTMENTS, LLC

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 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, as the same shall be amended from time to time, or any other materials requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies.

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 signators hereto have the legal power, right and authority to execute this warranty on behalf of the Subdivider and that the signators hereto have sufficient knowledge or expertise, either personally, through reasonable inspection and investigation of the property, or through reasonable reliance upon the investigation and professional opinion of Subdivider' s environmental experts, to make the representations herein, and that no consent of any other party is 01225. 0006/ 366470. 2 C- 1
175
required to execute this warranty and make the representations herein on behalf of the Subdivider to the City of Chino.

Each of the undersigned persons declares under penalty of perjury that the foregoing is true and correct.

Dated: 1'O -27. 21

EVER SUN INVESTMENTS, LLC
By: CZ.

Proof of authorization for Subdivider' s signatures is required to be submitted concurrently with this environmental warranty.
01225. 0006/ 366470. 2 C- 2
176
Bond No.: 100612634
Contract No.:

Approved:

Executed in Triplicate**

FAITHFUL PERFORMANCE BOND
Parcel Map No. 20058
WHEREAS, the City Council of the City of Chino, State of California, hereinafter designated as" CITY" and Ever Sun Investments, LLC hereinafter designated as
PRINCIPAL," have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated October 5, 2021 and identified as Project No. Parcel Map No. 20058 is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement.

NOW, THEREFORE, we, the Principal and American Contractors Indemnity Company as surety, are held and firmly bound unto the City of Chino in the penal sum of Six Hundred Sixty- Four Thousand Six Hundred Dollars ($ 664, 600. 00 lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally, firmly by these presents.

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

As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be includedcostsand reasonableexpensesand fees includingreasonableattorneys' fees, incurredby City in successfullyenforcing such obligation, all to be taxed as costs and included in any judgment rendered.

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

IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named, on October 26th, 2021
Ever Sun Investments, LLC American Contractors Indemnity Company

PRINCIPAL SURETY
By: ,/ L 4/ 1/ 4-
CBy:

Andrew Mirafl Attorney- in-Fact

SIGNATURES MUST BE NOTARIZED
Rev. 04/ 2019) Page 1 of 1
177

CALIFORNIA ALL-, PURPOSE

CERTIFICATE OF ACKNOWLEDGMENT
A notarypublicorotherofficercompletingthiscertificateverifiesonlytheidentity of the individualwho signedthe documentto whichthis certificateis attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of • SAN BERNARDINO
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On tT 0 1, 4 . before me, _ JEANNE CONLEY- NOTARY PUBLIC personally appeared S Ve- Ar‘ ` t _ C
who prov d to me on the basis of satisfactory evidence t e the person( t( whose name(` s1l re subscribed to the within instrument and acknowledged to me that he/ / they executed the same in his/ Ci eir authorized capacity( i d), andthatby his their signature((
onthe instrumenttheperson(0, ortheentityuponbehalfof
which the person( tr% cted, 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.

TNES and a . official se- .

JEANNE C
58882 N
COMM.# 2258882
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ADDI OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM ThisformcomplieswithcurrentCalfforniastatutesregardingnotarywordingand DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document.Acbiowledgments t,
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Title or description of attached document)
StateandCountyinformationmustbetheStateandCountywherethe document signer(s)personallyappearedbeforethenotarypublicfor acknowledgment.

Dateof notarizationmustbethedatethatthesigner(s) personallyappearedwhichTitle or description of attached document continued) must also be the same date the acknowledgment is completed.

The notary public must print his or her name as it appears within his or herNumber of Page Document Date ) J1'

7.tpIZk commissionfollowedbyacommaandthenyourtitle(notarypublic).

Printthename(s) of documentsigner(s)whopersonallyappearat thetimeof notarization.

CITY CLAIMED BY THE SIGNER Indicatethecorrectsingularor plural formsby crossingoff incorrectforms(i.e. he/sheAheyris/are)orcirclingthecorrectforms.FailuretocorrectlyindicatethisIndividual( s) informationmayleadtorejectionof documentrecording.Corporate Officer The notary seal impressionmust be clear and photographicallyreproducible.

Impression must not cover text or lines. If seal impression smudges, re-seal if a Title) sufficient areapermits, otherwise complete a different acknowledgment form.

Partner( s) Signatureof thenotarypublicmustmatchthesignatureon file with theoffice of Attorney- in- Fact
the county clerk.

Y Additionalinformationis not requiredbut couldhelpto ensurethis Trustee( s) acknowledgment is not misused or attachedto a different document.

Other Indicatetitle ortypeof attacheddocument,numberof pagesanddate.

Indicatethecapacityclaimedbythesigner.If theclaimedcapacityis a corporateofficer,indicatethetitle(i.e.CEO,CFO,Secretary). 2015 Version www. NotaryClasses. com 800- 873- 9865 Securely attach this document to the signed document with a staple. 178

ACKNOWLEDGMENT
A notary publicor other officer completingthis
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of LOS ANGELES
On CL
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it ' before me, P. KANEGAWA PEREZ, NOTARY PUBLIC insert name and title of the officer)
personally appeared ANDREW MIRAFLOR
who proved to me on the basis of satisfactory evidence to be the person(&) whose name(&) is/ are subscribedto thewithininstrumentandacknowledgedto methathe/she/theyexecutedthesamein his/ fienItheir authorized capacity( tes), and that by his/ her/ e+ r signature(&) on the instrument the person(&), or the entity upon behalf of which the person(,&-) acted, executed the instrument.

I certifyunderPENALTYOF PERJURYunderthelawsoftheStateof Californiathattheforegoing paragraph is true and correct.

WITNESS my hand and official seal. c "-
1 P. KANEGAWA PEREZ
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179

TOKIOMARINE
H C C

POWER OF ATTORNEY

AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumednameof AmericanContractorsIndemnityCompany, UnitedStatesSuretyCompany, a Marylandcorporation and U. S. Specialty Insurance Company, a Texas corporation ( collectively, the" Companies"), do by these presents make, constitute and appoint:

Andrew Miraflor of Los Angeles, California
its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed One Million****** Dollars 1, 000, 000. 00*** ). This Powerof Attorney shall expirewithoutfurtheractionon April 23rd,2022. This Power of Attorney is granted under and by authorityof the following resolutionsadopted by the Boardsof Directorsof the Companies:

Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authorityto appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions:

Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company,to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents cancelingor terminatingthe Company's liability thereunder,and anysuch instrumentsso executedby any such Attorney-in-Fact shall be binding upon the Companyas if signed by the President and sealed and effected by the CorporateSecretary.

Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificaterelating thereto by facsimile, and any power of attorney or certificate bearingfacsimile signature or facsimile seal shall be valid and binding upon the Companywith respectto any bond or undertakingto which it is attached.

IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1stday of June, 2018.

AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STAMS SURETy,,,,GpMPANY , LLS.SPECIAL,( AN URANCE COMPANY O+
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State of California
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1 By:
4Lro5I1' E} Daniel P. Aguilar, Vice President
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 On this 1stday of June, 2018, before me, Sonia O. Carrejo, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Companywho provedto me on the basis of satisfactoryevidenceto be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person,or the entity upon behalf of whichthe person acted, executedthe 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.
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I, Kio Lo, Assistant Secretary . American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies,which is still in full force and effect; furthermore, the resolutionsof the Boards of Directors, set out in the Power of Attorney are in full force and effect.

In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 26th day of October 2021
Corporate Seals oseAcroAsy,
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180
Bond No.: 100612634
Contract No.:

Executed in Triplicate**
Approved:

LABOR AND MATERIAL BOND
Parcel Map No. 20058
WHEREAS, the City Council of the City of Chino, State of California, hereinafter designated as" CITY" and Ever Sun Investments, LLC hereinafter designated as
PRINCIPAL," have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated October 5, 2021 and identified as Project No. Parcel Map No. 20058 , is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, Principal is required, before entering upon the performance of the work, to file a good and sufficient payment bondwith the City of Chinoto secure the claims to which reference is madein Title 15(commencingwith Section3082) of Part4 of Division 3 of the Civil Code of the State of California.

NOW, THEREFORE, said Principal and the undersigned, as corporate surety, are held and firmly bound unto the City of Chino, and all contractors, subcontractors, laborers, material, men, and other persons employed in the performanceof the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Three Hundred Thirty- Two Thousand Three Hundred Dollars ($ 332, 300. 00 ) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

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

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

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

IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named, on October 26th, 2021
Ever Sun Investments, LLC American Contractors Indemnity Company_

PRINCIPAL SURETY
By: l By:

Andrew Mira Attomey- in- Fact

SIGNATURE( S) MUST BE NOTARIZED
Rev. 04/ 2019) Page 1 of 1
181

CALIFORNIA ALL-, PURPOSE

CERTIFICATE OF ACKNOWLEDGMENT
i
A notarypublicor otherofficercompletingthis certificateverifiesonlythe 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 1
State of California
1 SAN BERNARDINO
County of
li I
On . zoa__ before me,_ JEANNE CONLEY- NOTARY PUBLIC j _, personally appeared S .h 1 1
0 G 0.
who prov d to me on the basis of satisfactory evidence t&.I* the person( s whose name(%, s/ re subscribed to the within instrument and acknowledged to me that he/ / they executed the same in hisdD, their authorized capacity(, and that by his/ / their signature on the instrument the person(; or the entity upon behalf of whichthe personjajacted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that 1 the foregoing paragraph is true and correct.

A A JS A. . IAAJIAA A_ A. A,
W E nd a• • Officjal ea JEANNE CONLEY
COMM.# 2258882 N i
3 Notary Public Californiaa
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ADDITI• NAL 0 TIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM ThisformcomplieswithcurrentCaliforniastatutesregardingnotarywordingand, DESCRIPTI a a- - E ATTACHED DOCUMENT if needed,should be completed and attached to the document.Acbrowledgments fromotherstatesmaybecompletedfor documentsbeingsenttothatstatesolong LAc 4 ( asthewordingdoesnotrequiretheCalifornianotaryto violateCalifornianotaryLA 1 h \ 0. law.

Title or description of attached
StateandCountyinformationmustbetheStateandCountywherethe document 1 1D signez(s) personally appearedbefore the notary public for acknowledgment.

Title or destsiption of attached document continued) Dateof notarizationmustbethedatethatthesigner(s)personallyappearedwhich must also be the same date the acknowledgment is completed.

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IZ
The notary public must print his or her name as it appears within his or herNumber of Pages Document Date commissionfollowedby acommaandthenyour title( notarypublic).

Print the name(s) of documentsigner(s) who personallyappearat the time of notarization.

C4'
ITY CLAIMED BY THE SIGNER Indicatethecorrectsingularor pluralformsby crossingoff incorrectforms(i.e. sp Individual( s) be/sheitheyris/are)orcirclingthecorrectforms.Failuretocorrectlyindicatethis informationmayleadtorejectionof documentrecording.VI Corporate Officer The notary seal impressionmust be clear and photographicallyreproducible.

C/— Impression must not cover text or lines. If seal impression smudges, re-seal if a Title) sufficient area permits, otherwise complete a different acknowledgment form.

Partner( s) Signatureof thenotarypublicmustmatchthe signatureon file with theoffice of the county clerk.

ElAttomAttorney- in- FactY Additionalinformationis notrequiredbut couldhelpto ensurethis Trustee( s) acknowledgment is not misusedor attached to a different document.

Other Indicatetitle ortypeof attacheddocument,numberof pagesanddate.

Indicatethecapacityclaimedbythesigner.If theclaimedcapacityis a corporateofficer,indicatethetitle( i.e.CEO,CFO,Secretary). 2015 Version www. NotaryClasses. com 800- 873- 9865 Securely attach this document to the signed document with a staple.

J _ / . ... _. V IL.- -\_ 1-\ 1r - I LA / . I .. 182

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of LOS ANGELES
On before me, P. KANEGAWA PEREZ, NOTARY PUBLIC
insert name and title of the officer)
personally appeared ANDREW MIRAFLOR
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/ hcr/ thcir authorized capacity( 4e& j, and that by his/ her419eir signature(&) on the instrument the person(&), or the entity upon behalf of which the person(&) acted, executed the instrument.

I certify under PENALTYOF PERJURYunderthe laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal. i' P. KANEGAWA PEREZ Notary kblic California
y z - • LosAr3£ies Cocnty
Commission=
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183
114)111

TOKIO MARINE
HCC

POWER OF ATTORNEY

AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U. S. SPECIALTY INSURANCE COMPANY KNOWALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U. S. Specialty Insurance Company, a Texas corporation ( collectively, the" Companies"), do by these presents make, constitute and appoint:

Andrew Miraflor of Los Angeles, California
its true and lawful Attorney( s)- in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed One Million****** Dollars 1, 000, 000. 00*** ). This Powerof Attorney shall expirewithoutfurther actionon April 23td,2022. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies:

Be it Resolved,that the President, any Vice-President,any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney( s)- in-Fact to represent and act for and on behalf of the Company subject to the following provisions:

Attorney-in-Fact may be given full power and authorityfor and in the nameof and on behalf of the Company,to execute, acknowledge and deliver,any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/ or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company' s liability thereunder, and any such instruments so executed by any such Attorney- in- Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.

Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.

IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1stday of June, 2018.

AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITEDST,,R#TESSURET)(,,,COMMPANY ,A,S.BPECIAL,Ir, tN URANCECOMPANY7.!$. 4; @9
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Daniel P. Aguilar, Vice President
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 On this 1stday of June, 2018, before me, Sonia O. Carrejo, a notary public, personally appeared Daniel P. Aguilar, Vice Presidentof American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.

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. s171"aaarm
NotaryP p6[. Catlwnia
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I, Kio Lo, Assistant Secretary • American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect.

In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 26th day of October 2021__
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184
Bond No.: 100612636
Contract No.:

Executed In Triplicate** Approved:

WARRANTY BOND
Parcel Map No 20058
WHEREAS, the City Council of the City of Chino, State of California, hereinafter designated as CITY" and Ever Sun Investments, LLC hereinafter designated as PRINCIPAL," have entered into an agreement whereby Principal has agreed to warrant and guarantee the installation, completion, and maintenance of certain designated public improvements, which said agreement, dated October 5, 2021 and identified as Project No. PM 20058 , is hereby referred to and made a part hereof; and
WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the warranty of said improvements.

NOW, THEREFORE, we, the Principal, and American Contractors Indemnity Company , as surety, are held and firmly bound unto the City of Chino in the penal sum of Sixty- Six Thousand Five Hundred Dollars ($ 66, 500. 00 lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally, firmly by these presents.

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

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

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

IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named, on October 26th, 2021
Ever Sun Investments, LLC American Contractors Indemnity Company

PRINCIPAL SURETY
By: 57„._ %th / L By: A.

Andrew Mill, Attorney- in-Fact

SIGNATURE( S) MUST BE NOTARIZED
Rev. 04/ 2019) Page 1 of 1
185

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of LOS ANGELES
On OCT 11216 - before me, P. KANEGAWA PEREZ, NOTARY PUBLIC insert name and title of the officer)
personally appeared ANDREW MIRAFLOR
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/ weir authorized capacity( 4e&), and that by his/ het/ their signature(&) on the instrument the person(&), or the entity upon behalf of which the person(. e) 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. P.KANEGAWAPEREZ
r* Notary Public- California
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b„ , 21- LosArgelesCot.rty
Commission» 2303241 —
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186

NITOKIO
MARINE
HCC

POWER OF ATTORNEY

AMERICAN CONTRACTORS INDEMNITYCOMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOWALLMENBYTHESEPRESENTS: ThatAmericanContractorsIndemnityCompany, a Californiacorporation, TexasBonding Company, anassumednameofAmericanContractorsIndemnityCompany, UnitedStatesSuretyCompany, a Marylandcorporation and U. S. Specialty Insurance Company, a Texas corporation ( collectively, the" Companies"), do by these presents make, constitute and appoint:

Andrew Miraflor of Los Angeles, California
itstrueandlawfulAttorney(s)-in-fact, eachintheirseparatecapacityif morethanoneisnamedabove,withfullpowerandauthority herebyconferredin its name, placeand stead, to execute, acknowledgeanddeliverany and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed One Million****** Dollars 1, 000, 000. 00*** ). ThisPowerofAttorneyshallexpirewithoutfurtheractiononApril23rd,2022.ThisPowerof Attorneyis granted underand by authorityofthefollowingresolutionsadoptedbytheBoardsof Directorsof theCompanies:

Beit Resolved,thatthePresident,anyVice-President,anyAssistantVice-President,anySecretaryoranyAssistantSecretaryshallbeandis hereby vestedwithfull powerandauthoritytoappointanyoneormoresuitablepersonsasAttorney(s)-in-Facttorepresentandactforandonbehalfofthe Company subject to the following provisions:

Attorney-in-FactmaybegivenfullpowerandauthorityforandinthenameofandonbehalfoftheCompany,toexecute,acknowledgeanddeliver,any andall bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the releaseof retained percentagesand/orfinalestimatesonengineeringandconstructioncontracts,andanyandall noticesanddocuments cancelingorterminatingtheCompany'sliabilitythereunder,andanysuchinstrumentssoexecutedbyanysuchAttorney-in-Factshallbebindingupon theCompanyasifsignedbythePresidentandsealedandeffected bytheCorporateSecretary.

Beit Resolved, thatthe signatureof anyauthorizedofficerandsealof theCompanyheretoforeor hereafteraffixedto anypowerof attorneyor any certificaterelatingtheretobyfacsimile,andanypowerof attorneyor certificatebearingfacsimilesignatureorfacsimilesealshallbevalidandbinding uponthe Companywith respect to any bond or undertaking to which it is attached.

INWITNESSWHEREOF, The Companies have causedthis instrumentto be signed and their corporate seals to be hereto affixed,this 1stday of June, 2018.

AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STARS SURETX„COMPANY ,,y,S.,, PECIAL,rY 6NSURANCECOMPANY State of California P. o '` C.1.

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4....-„.*, VI,-
of.. Daniel P. Aguilar, Vice President
A NotaryPublicor otherofficercompletingthiscertificateverifiesonlytheidentityof the individualwhosignedthe documentto which this certificate is attached, and not the truthfulness, accuracy, or validity of that document Onthis1stdayofJune,2018,beforeme,SoniaO.Carrejo,a notarypublic, personallyappearedDanielP.Aguilar,VicePresidentof American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Companywhoprovedto meonthebasisof satisfactoryevidenceto bethepersonwhosenameissubscribedto thewithininstrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person,or the entity upon behalf of whichthe person acted, executedthe instrument.

I certifyunderPENALTYOF PERJURYunderthe lawsof the Stateof Californiathatthe foregoingparagraphis trueandcorrect.

WITNESS my hand and official seal. sAa, uaer> o
Notary PubYk• Ce; lornia
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American Contractors Indemnity Company, Texas Bonding Company, United States Surety Companyand U.S. Specialty InsuranceCompany,do herebycertifythat the above and foregoing is a true and correct copy of a Power ofAttorney,executedbysaidCompanies,whichis stillinfullforceandeffect;furthermore, the resolutionsofthe Boardsof Directors, set out in the Power of Attorney are in full force and effect.

In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 26th day of October 2021
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187
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CALIFORNIA ALL-, PURPOSE

CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of SAN BERNARDINO
On Ve± , 1 before me, _ JEANNE CONLEY- NOTARY PUBLIC
personally appeared Slrtc UCLIA.01..
who pro d to meonthe basisof satisfactoryevidena to betheperson(S(whose name( ' are subscribed to the within instrument and acknowledged to me that he/ theyexecutedthesamein hi ti rttheirauthorizedcapacity(i s), andthatby his their signature4on the instrument the person(*, or the entity upon behalf of whi the personKacted, executed the instrument.

I certifyunder PENALTYOF PERJURYunder the laws of the State of Californiathat the foregoing paragraph is true and correct.

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myhand officials I.

JEANNE CONLEY
55d COMM.# 2258882 ! V
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ADDIT AL 0 IONAL I RMATION

INSTRUCTIONS FOR COMPLETING THIS FORM
Thisform complieswith currentCaliforniastatutesregardingnotarywordingand, DE IPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document.Acknowledgments from other states may be completedfor documentsbeing sentto that state so long as the wording does not require the California notary to violate California notary 17v4. 1 law.

Title or description of ettachedjc anent) State and County information must be the State and County where the document signer(s) personally appearedbefore the notary public for acknowledgment.

Date of notarization must be the date that the signer(s) personally appearedwhich Title or description of attached document must also be the same date the acknowledgment is completed.

The notary public must print his or her name as it appears within his or her Number of Pages Document DatelD 12-11-
4-
commission followed by a comma and thenyour title( notary public).

Print the name(s) of document signer(s) who personally appear at the time of notarization.

CAP CITY CLAIMED BY THE SIGNER Indicate the correct singular or plural forms by crossing off incorrect forms( i.e. be/she/they,—is/ ewe)orcirclingthecorrectforms.Failureto correctlyindicatethisdividual( s) information may lead to rejection of document recording.

C• rporate Officer The notary seal impression must be clear and photographically reproducible.

Impression must not cover text or lines. If seal impression smudges, re- seal if a Title) sufficient area permits, otherwise complete a different acknowledgment form.

Partner( s) Signature of the notary public must match the signature on file with the office of the county clerk.

Attorney- in- Fact Additional information is not required but could help to ensure this Trustee( s) aclmowledgment is not misused or attached to a different document.

Indicate title or type of attacheddocument,number of pages and date.Other Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title( i.e. CEO, CFO, Secretary). 2015 Version www. NotaryClasses. com 800- 873- 9865 Securely attach this document to the signed document with a staple. 188
EX. 12" VCP SEWER
EX. 51" STORM DRAIN
(CITY OF CHINO HILLS)
(CITY OF CHINO)
EX. 12" PVC RECYCLED WATER
EX. 24" WATER
EX. 8" GAS
EX. 3" GAS (ABANDONED)
EX. 12" ACP WATER
EX. 12" VCP SEWER EX. 24" RCP STORM DRAIN
EX. TELEPHONE LINE
EX. 24" RCP STORM DRAIN
EX. 36" GAS
(CITY OF CHINO HILLS)
EX. 30" ACP WATER
EX. 18" VCP SEWER
EX. 12" ACP WATER
EX. TELEPHONE LINE
P/L
P/L
P/L
EX. 12" VCP SEWER
EX. 51" STORM DRAIN
(CITY OF CHINO HILLS)
(CITY OF CHINO)
EX. 12" PVC RECYCLED WATER
EX. 24" WATER
EX. 8" GAS
EX. 3" GAS (ABANDONED)
EX. 12" ACP WATER
EX. 12" VCP SEWER EX. 24" RCP STORM DRAIN
EX. TELEPHONE LINE
EX. 24" RCP STORM DRAIN
EX. 36" GAS
(CITY OF CHINO HILLS)
EX. 30" ACP WATER
EX. 18" VCP SEWER
EX. 12" ACP WATER
EX. TELEPHONE LINE

CENTRAL AVENUE
EUCAL<PTUS AVENUE
DETAIL FOR STANDARD RESTRAINT TEE, DEAD END, BEND FOR PVC C-900 POST INDICATOR / FIRE DEPT. CONNNECTION DETAIL

BUILDING RISER CONNECTION DETAIL
R

ALL UTILITIES WITHIN PRIVATE PROPERTY ARE PRIVATE

EXHIBIT C - INFRASTRUCTURE EXHIBIT
189

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: FEBRUARY 20, 2024

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

SUBJECT
..titl e
Purchase Order - Plumbers Depot, Inc.
..end

RECOMMENDATION
1) Approve a purchase order to Plumbers Depot, Inc., Hawthorne, CA, for $136,392 for the purchase of one (1) sewer main inspection camera with a lateral launcher for the Public Works Department; and 2) authorize the City Manager to execute all necessary documents on behalf of the City.
..body

FISCAL IMPACT
Sufficient funds are included in the FY 2023-2024 Equipment Maintenance operating budget.

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:
 Responsible Long-Range Planning
 Effective Technology

Revenue: Click or tap here to enter text.

Expenditure: 66074001-48090-IE247
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 190
CITY COUNCIL MEETING DATE: FEBRUARY 20, 2024
TITLE: PURCHASE ORDER - PLUMBERS DEPOT, INC.

PAGE: 2

BACKGROUND
The Public Works Department’s Fleet Division is responsible for purchasing, maintaining, and replacing of all City -owned equipment. When equipment is purchased, the equipment is assigned a unit number and placed on a maintenance and eventual replacement schedule. The approved Fiscal Year 2023-2024 budget includes funds for the purchase of one (1) sewer main inspection camera with a lateral launcher (assigned to the Public Works Department). This camera will be an addition to the City’s fleet.
 Unit No. 6270E Sewer Main Inspection Camera with a lateral launcher

ISSUES/ANALYSIS
Finance and Public Works staff collaborated to compile specifications and prepare a bid package for one (1) sewer main inspection camera with a lateral launcher for the Public Works Department Wastewater and Storm Drain Operation Division. The selected sewer main inspection camera with lateral launcher equipment was chosen as the best replacement for our current sewer inspection camera due to the lateral launching capabilities, and availability of parts from local vendors. On November 1, 2022, the Council approved ordinance No. 2022 -017 amending the City Municipal Code Section 13.12.150 - the sewer lateral located within the public right-of-way or within a public easement shall be the responsibility of the City. The lateral launcher will be valuable in inspecting the sewer service laterals directly from the sewer main.

On November 16, 2023 , the bid notice was published on the City’s Planet Bids website. On November 30, 2023, the City received the following bid results:

Sewer later camera equipment

Vendor Name City Unit Price

Tax and Fees

Total Cost

Plumbers Depot,
Inc.

Hawthorne, CA $ 126,582.00 $ 9,810.00 $ 136,392.00
West Coast Safety
Supply, Inc. Fullerton, CA $ 216,480.00 $ 16,777.20 $ 233,257.20 Hakker Equipment
Company La Verne, CA $ 234,585.21 $ 18,980.35 $ 253,565.56

The bid package from Plumbers Depot, Inc., Hawthorne, CA, has been thoroughly reviewed by City staff and deemed the lowest responsible and responsive bidder with a bid amount of $136,392. Therefore, staff recommends that the City Council approve a purchase order to Plumbers Depot, Inc. Hawthorne, CA, for $126,582 plus sales tax and fees of $9,810, for a total amount not-to-exceed $136,392. All supporting documents are on file with the City’s Finance Department’s Purchasing Division.

191

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: FEBRUARY 20, 2024

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

SUBJECT
..titl e
Notice of Completion – Yorba Sewer Main Replacement Project – SW211. ..end

RECOMMENDATION
1) Accept the Yorba Sewer Main Replacement Project (SW211), with MNR Construction, Inc., La Verne, CA, Contract No. 2022-260, as complete; 2) authorize the Director of Public Works to file the Notice of Completion; and 3) authorize the release of the retention funds following the 35-day lien period.
..body

FISCAL IMPACT
The project was completed within the Council approved budget.

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
 Responsible Long-Range Planning

Revenue: Click or tap here to enter text.

Expenditure: 5307340 – 48005 | 48009 – SW211
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 192
CITY COUNCIL MEETING DATE: FEBRUARY 20, 2024
TITLE: NOTICE OF COMPLETION - YORBA SEWER MAIN REPLACEMENT PROJECT - SW211.

PAGE: 2

BACKGROUND
On February 15, 2022, City Council awarded a construction contract to MNR Construction Inc, La Verne, CA, in the amount of $4,468,330 for the Yorba Sewer Main Replacement Project (SW211). Additionally, the City Council authorized expenditures of up to $ 446,833 for project contingencies, bringing the total construction contract to an amount not-to-exceed $4,915,163.

During initial potholing, multiple unforeseen utilities w ere discovered that conflicted with the proposed routing of the sewer design. Project time was suspended by mutual agreement between MNR Construction, Inc. and the City of Chino.

The designer, West and Associates, Inc. was directed to provide an updated sewer routing design based on the updated potholing information. A revised design was provided, and a Change Order was negotiated to revise the bid schedule according to the new plans. A Notice to Proceed was issued to MNR Construction, Inc. on August 9, 2 023. Project time resumed and project duration was reset to 120 working days.

All improvements within the project scope have been successfully constructed. The location of the sewer improvements constructed as a part of this project are as listed below:

 The intersection of Schaefer Avenue and Ramona Avenue  Murrieta Street to Cheyenne Way
 The intersection of Yorba Avenue and Schaefer Avenue

ISSUES/ANALYSIS
The scope of work includes replacement of existing 10” and 15” Vitrified clay pipe (VCP) sewer mains with larger diameter VCP or High -Density Poly Ethylene (HDPE) pipe by using open trench methods, spot repairs of existing sewer deficiencies as noted, installation of temporary bypasses, removal and replacement of existing sewer manholes, constructio n of new sewer manholes, rehabilitation of existing sewer manholes, reconnection of sewer laterals, pipe backfill and bedding with asphalt concrete overlay for trench repair, adjustment of existing utility lines, full depth asphalt concrete pavement repair s, slurry seal including crack sealant and weed abatement, restoration of traffic detector loops, striping, traffic control, and post -construction closed-circuit television (CCTV) inspection.

All work has been completed per the terms of the original contract and approved change orders.

The following is a summary of the final accounting of construction costs for the project:

Project SW211 Contract Contingency
Original Contract & Contingency $4,468,330.00 $446,833.00 Contract Change Order No. 1 $186,725.00 ($186,725.00)
Contract Change Order No. 2 $77,811.49 ($77,811.49)
Contract Change Order No. 3 $33,355.53 ($33,355.53)
Final Contract & Contingency Balance $4,766,222.02 $148,940.98 The total contract change order amount is $297,892.02 (6.67% of total contract). Ten percent is generally considered within the normal range of changed conditions on a public works construction project and, by providing change order authority upfront, Council helps to reduce 193
CITY COUNCIL MEETING DATE: FEBRUARY 20, 2024
TITLE: NOTICE OF COMPLETION - YORBA SEWER MAIN REPLACEMENT PROJECT - SW211.

PAGE: 3

the possibility of delay on a construction project.

MNR Construction Inc., La Verne, CA, has complied with the terms of the contract. A Notice of Completion has been prepared for filing with the San Bernardino County Recorder's Office. The retention funds will be released following the 35-day lien period.

Attachments – SW211 Location Map
Notice of Completion – MNR Construction, Inc.

194

195

RECORDING REQUESTED BY
City of Chino
Public Works Department
P.O. Box 667
Chino, CA 91708

AND WHEN RECORDED MAIL TO

City Clerk
City of Chino
P.O. Box 667
Chino, CA 91708-0667

SPACE ABOVE THIS LINE FOR RECORDER’S USE

APN# N/A NOTICE OF COMPLETION

CITY OF CHINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA

Notice is hereby given that:

1. The undersigned is owner of the interest or estate stated below in the property hereinafter described.

2. The full name of the undersigned is City of Chino

3. The full address of the undersigned is 13220 Central Avenue, Chino, CA 91710

4. The nature of the title of the undersigned is: In fee (If other than fee, strike “In fee” and insert, for example, “purchaser under contract of purchase” or “lessee”)

5. The full names and full addresses of all persons, if any, who hold title with the undersigned are:

Names Addresses

N/A

6. The names of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work of improvement herein referred to:

Names Addresses

N/A N/A
(If no transfer made, insert “none”)

7. A work of improvement on the property hereinafter described was completed on February 20, 2024

8. The name of the contractor, if any, for such work of improvement was:

MNR Construction, Inc.
(If no contractor for work of improvement as a whole, insert “none”)

9. The property on which said work of improvement was completed is in the City of Chino, County of San Bernardino, State of California, and is described as follows:

The intersection of Schaefer Avenue & Ramona Avenue, Murrieta Street to Cheyenne Way, and the Intersection of Yorba Avenue and Schaefer Avenue

10. The street address of said property is NONE
(If no street address has been officially assigned, insert “none”)

SIGNATURE OF OWNER NAMED IN PARAGRAPH 2: DATE: February 20, 2024 Hye Jin Lee, Public Works Director

CERTIFICATION FOR NOTICE OF COMPLETION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )ss

CITY OF CHINO )

I HEREBY CERTIFY that I am the Director of Public Works for the City of Chino. I have read the foregoing Notice of Completion and know the contents thereof; and I certify that the same is true of my own knowledge.

I declare under penalty of perjury, that the foregoing is true and correct. Executed on February 20, 2024, at City of Chino, California

Hye Jin Lee
Director of Public Works
196

MEMORANDUM

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

CITY COUNCIL MEETING DATE: FEBRUARY 20, 2024

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

SUBJECT
..titl e
Amendment to the Approval of the 2021 -2029 Housing Element Update and Introduction of Ordinance No. 2024-003 (ZOA PL23-0133).
..end

RECOMMENDATION
..recommendation
1) Continue a public hearing; 2) a pprove Resolution No. 202 4-004 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. 202 4-003, to be read by number and title only, and waive further reading of t he Ordinance; and 4) authorize the City Manager to file all documents with HCD on behalf of the City.
..body

FISCAL IMPACT
There is no financial impact by approving the 2021 -2029 Housing Element Update and amending the Zoning Code related to implementation of the Housing Element

Revenue:

Expenditure:

Transfer In: Transfer Out:
197
CITY COUNCIL MEETING DATE: FEBRUARY 20, 2024
TITLE: AMENDMENT TO THE APPROVAL OF THE 2021 -2029 HOUSING ELEMENT UPDATE AND INTRODUCTION OF ORDINANCE NO. 2024-003 (ZOA PL23-0133).

PAGE: 2

BACKGROUND
The 2021-2029 Housing Element (Housing Element) update was originally adopted by the City Council on January 4, 2022, and a revised version was adopted on January 17, 2023. As part of the Housing Element implementation, the City Council also adopted an ordinance (Ordinance No. 2023-008) in April 2023, which added Section 20 .09.090 (Overlay districts for affordable housing) to the Zoning Code to implement Programs 3B (Affordable Housing Overlay) and 3C (MUO - Mixed Use Overlay) identified in the Housing Element. The adoption of this ordinance was required for HCD to certify t he City’s updated Housing Element. Following adoption, the updated Housing Element and proposed Zone Code changes were sent to HCD for review and comment. After their review, HCD informed the City that additional revisions to the Housing Element and to Section 20.09.090, of the Zoning Code related to Programs 3B and 3C, and adding the implementation of Program 3F (Candidate Sites Used in Previous Housing Elements) were needed for HCD to be able to certify the City’s Housing Element. Staff also made change s to Sections 20.04.030 (Use Regulations) and 20.21.340 (Senior Housing Projects) of the Zoning Code to completely address HCD’s additional comments . All the changes to the Housing Element and Zoning Code are summarized below in the staff report.

HCD has stated in its recent correspondence with City staff that following the adoption by the City Council of the proposed revisions to the Housing Element and Zoning Code to address their additional comments, HCD will be able to finally certify the Housing Element because it will comply with all State Law requirements.

On December 20, 2023, the Planning Commission held a public hearing on the revisions to the Housing Element and Zoning Code . One concern brought up by the Commission is related to the second bullet point in the Zoning Code Section below that outlines mixed use projects must reserve at least 50% of their floor area for residential use but are allowed up to 100% residential in the MUO if desired. The Planning Commission’s concern is the City is potentially losing retail opportunities to residential development on sites that are designated as MUO sites. Staff informed the Commission that the City is required to have a minimum number of sites designated for affordable housing, and that the Hou sing Element includes a buffer of available sites to provide options for developers to utilize. The MUO sites that were selected are sites that have vacancies, are on vacant land , or in need of redevelopment. The Commission was also informed that any additional amendments to the Housing Element now, by removing or adding any overlay sites based on their concern , could further delay the certification of the Housing Element. The Planning Commission ultimately recommended the City Council adopt the revisions to the Housing Element and Zoning Code with no recommended changes by a vote of 6-0 (1 absent).

On February 6, 2024, the City Council held a public hearing for the adoption of the most recent version of the 2021 -2029 Housing Element (Housing Element) and re lated zoning code amendments. The City Council voiced several concerns during the hearing related to the proposed zoning code amendments. The primary concern was a proposed change that would allow sites within the Mixed Use Overlay (MUO) to be developed 10 0 percent with residential units, which could reduce the amount of existing or future commercial space in the City. The Council was also concerned with “by right” approval of these types of developments, and the waiving of development standards for projects that are unable to provide at least 16 units. Other questions brought up by the Council included the impacts of not adopting the Housing Element and/or zoning code amendments and possibly removing some of the MUO sites to help protect commercial properties. As a result of their concerns, the Council requested the Housing Element and related zoning code amendments be brought to a February 13, 2024 City Council 198
CITY COUNCIL MEETING DATE: FEBRUARY 20, 2024
TITLE: AMENDMENT TO THE APPROVAL OF THE 2021 -2029 HOUSING ELEMENT UPDATE AND INTRODUCTION OF ORDINANCE NO. 2024-003 (ZOA PL23-0133).

PAGE: 3

Workshop discussion and continue the Public Hearing to the Regular City Council meeting on February 20, 2024.

At the February 13, 2024, City Council workshop, staff and the City Attorney’s office provided additional clarification and information regarding the concerns the City Council brought up at the February 6, 2024, City Council meeting. After discussion and public input, the City Council directed staff to bring the item back to the February 20, 2024 , City Council meeting to continue the February 6, 2024 Public Hearing.

ISSUES/ANALYSIS
2021-2029 Housing Element Revisions (Resolution No. 2024-004) The proposed revisions that have been implemented in the final draft Housing Element are in direct response to the latest comments received by HCD on the Housing Element that was adopted in January 2023. A summary of the revisions is as follows:
 Assessment of Fair Housing, including analyzing disparities in access to opportunity and local knowledge and data on past zoning actions and City investment within the community.
 Clear goals, priorities, metrics, and milestones to address identified contributing factors to fair housing issues.
 Analysis of non -vacant sites resulting in further information on market trends. No change in candidate housing sites was made as a result of this analysis.  Reduction in assumption of Accessory Dwelling Units developed throughout the planning period.
 Zoning for a variety of housing types consistent with the requirements of State law.  Evaluate processing and permit procedures, including typical timeframes for review.  Successful approval of the Measure Y Vote, which implemented the overlay districts for affordable housing.
 Additional outreach, including a required seven -day public review period prior to resubmittal of the Housing Element to HCD.

Zoning Code Revisions (Ordinance No. 2024-003)
The proposed revisions to the Zoning Code are in response to comments from HCD and include additional revisions that are required to comply with state Housing Element law (Government Code Section 65583.2). A summary of the revisions is as follows:
 The Housing Element includes a Sites Inventory, which, among other things, lists sites that could accommodate lower -income housing developments. Some of these sites were also included in the Sites Inventory of previous Housing Elements but were neve r developed with housing. If a developer proposes a housing project on one of those sites that makes at least 20% of its units affordable to lower-income households, then the City is required by state law to review that proposed project ministerially, wit hout requiring any discretionary permits or CEQA review. The proposed revisions to CMC Section

20.04.030 would implement this requirement.
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TITLE: AMENDMENT TO THE APPROVAL OF THE 2021 -2029 HOUSING ELEMENT UPDATE AND INTRODUCTION OF ORDINANCE NO. 2024-003 (ZOA PL23-0133).

PAGE: 4

 State law requires that sites with mixed use projects built in the Mixed Use Overlay (MUO) must reserve at least 50% of their floor area for residential use. The City is also required to allow projects to be 100% residential in the MUO, if proposed. The revisions to CMC 20.09.090 would implement these requirements.
 Similar to the first bullet point, state law requires that if a developer proposes a housing project in the Affordable Housing Overlay (AHO) or the MUO that makes at least 20% of its units affordable to lower -income households, then the City is required to review that proposed project ministerially, without requiring any discretionary permits or CEQA review. The proposed revisions to CMC Section 20.09.090 would implement this requirement.
 State law likely requires that the development standards in the AHO and MUO zones must allow at least 16 units per site ( there is some ambiguity in state law, but this is the conservative interpretation). The proposed revisions provide that the City will not enforce applicable development standards to the extent that they would physically preclude the development of at least 16 units on a site in the AHO or MUO.  Senior Housing is permitted to be developed in both the AHO and the MUO, pursuant to the standards set forth in Section 20.09.090. State law requires that residential projects on sites in the AHO or the MUO have a m inimum density of 20 units per acre. The proposed revisions to CMC 20.09.090 and 20.21.340 clarify the density requirements for senior housing projects in the AHO or the MUO. Senior Housing is also permitted to be developed in other residential zoning di stricts as well as various commercial zoning districts. Projects developed outside the AHO or MUO are subject to the development standards of the RD20 zoning district, which has a maximum density of 20 units per acre.

Environmental Review
On April 18, 202 3, the City adopted an Addendum to the 6th Cycle Housing Element Update (2021-2029) Project Negative Declaration (ND) pursuant to Section 15164 of the California Environmental Quality Act (CEQA) Guidelines for the adoption of the Section 20.09.090 of the Chino Municipal Code. The Addendum determined that the project was within the scope of the ND, which adequately described the activity for the purposes of CEQA, and included findings supported by substantial evidence that there was no potential for a signif icant effect on the environment attributable to the adoption of the Section 20.09.090. The revisions in this ordinance fall within the project described in the Addendum and the ND and therefore no further CEQA review is required.

PUBLIC NOTICE
A 1/8 pag e 10 -day notice was published in the Chino Champion on January 27, 2024 . In addition, the City sent information out on its social media platforms. The notices exceed legal noticing requirements. To date, no comments have been received. If any comments are received after the posting of the staff report, they will be addressed at the Council hearing.

Attachments:

1. Resolution No. 2024-004

2. 2021-2029 Housing Element (strike out and underline version) (use link below)

3. Ordinance No. 2024 -003 amending Sections 20.04.030 (Use regulations), 20.09.090 200
CITY COUNCIL MEETING DATE: FEBRUARY 20, 2024
TITLE: AMENDMENT TO THE APPROVAL OF THE 2021 -2029 HOUSING ELEMENT UPDATE AND INTRODUCTION OF ORDINANCE NO. 2024-003 (ZOA PL23-0133).

PAGE: 5

(Overlay districts for affordable housing), and 20.21.340 (Senior housing projects) Environmental Documents | Chino, CA (cityofchino.org)

201
01225.0005/942388.1
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 DISTRICT S FOR AFFORDABLE

HOUSING AND SENIOR HOUSING PROJECTS

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

Section 1. A new subsection ( D) is hereby added to Section 20.04.030 (Use regulations) of the Chino Municipal Code and shall read as follows (additions in red):

D. Uses by right.

1. Notwithstanding the other provision s of this Section 20.04.030, and in accordance with Government Code Section 65583.2(c), as may be amended, a housing development project in which at least 20 percent of the units are affordable to lo wer-income households shall be a use by right on the following sites:

a. Nonvacant Sites. A nonvacant site that meets the following requirements:

i. The site is designated in the Sites Inventory of the 202 1-2029 Housing Element Update as accommodating a portion of the regional h ousing need for lower - income households;

ii. The site was included in the Sites Inventory in a Housing Element for a pr ior Housing Element planning period; and

iii. The site was not approved to develop a portion of the City’s hou sing need during the previous planning period when the site was in the Sites Inventory.

b. Vacant Site. A vacant site that meets the following requirements:

i. The site is designated in the Sites Inventory of the 202 1-2029 Housing Element Update as accomm odating a portion of the regional housing need for lower - income households;

ii. The site was included in the Sites Inventory in a Housing El ement for two or more consecutive prior Housing Element planning periods; and

iii. The site was not approved to develop a portion of the City’s housing need during the previous planning periods when the site was in the Sites Inventory.

2. The projects described in subsection (1) shall not be required to obtain any discretionary permit, but shall be subject to the review pr ocedures in Section 20.09.090(K), except that neither the design review nor the site approval shall be considered a “project” for purposes of the California Environmental Quality Act.

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Ordinance No. 2024-003

Page 2 of 19 ends

Chino City CouncilFebruary 20, 2024

Chino City Council
February 20, 2024