Exhibit B - Fully Executed PIA — Chino City Council, February 20, 2024

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

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
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

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

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

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
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.
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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
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.
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s of Improvement, subjectto the security
requirementsin
Section4. 2

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.
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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
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
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
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
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.
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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

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
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
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
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
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
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
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
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
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
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
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
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
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
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
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 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
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"
f/ t/
i Y
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
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
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
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
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

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
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
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 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

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
a
cOz
Q0 it. STATE OF NEW JERSEY
c" it``
County of Essex
ail '
SEAL Q 1936
7/y E
h3
Ar---
c--
George R. James
x. Executive Vice President ( International Fidelity Insurance Company) and NFW
JER4.
4 Vice President (Allegheny CasualtyCompany)
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
f
aAtiwa--
IT
U NOTARY %
PUBLIC cO:

CathyCruzaNotaryPublicofNewJerseyN,-
y•.

Ogtrr2p19,.•'
g., MyCommissionExpiresApril16,2019
OF Nl,,.••

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
ko
e# 10/"
67 800016
Maria H. Branco, Assistant Secretary

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
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

Chino City CouncilFebruary 20, 2024

Chino City Council
February 20, 2024