SUBDIVISIONIMPROVEMENTAGREEMENT
by and between
CITY OF CHINO
and
EVER SUN INVESTMENTS, LLC
01225. 0006/ 366470. 2
Updated 10- 2020
SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN
THE CITY OF CHINO
AND
EVER SUN INVESTMENTS, LLC
Agreement Date: October 5, 2021
Subdivider Name: EVER SUN INVESTMENTS, LLC
Subdivision Description: On October 10, 2019, the City approved O. C. Engineering' s application for PL18- 0112 ( Parcel Map No. 20058) and PL18- 0113 ( Site Approval), for the construction of two concrete tilt- up warehouse/ office buildings located at 14468 Central Avenue on the northwest corner of Central Avenue and Eucalyptus Avenue.
Tentative Map No.: 20058
Estimated Total Cost of Improvements: $ 664, 600. 00
Estimated Total Cost of Monumentation: $ 4, 250. 00 ( based upon the plans, including individual lots, subdivision boundary and public improvements).
Security:
Bond No.: (
0 O6 ( 26 3 4
Surety: AVIDevCan Conti-At- fors ` na' e, nn-
ty
Compa7
01225. 0006/ 366470. 2
Designees for the Service of Written Notice:
CITY: SUBDIVIDER:
Chris Magdosku Richard Lucas
City Engineer Vice President of Construction
13220 Central Avenue 7901 S. Crossway Drive
Chino, CA 91710 Pico Rivera, CA 90660
909) 334- 3417 562) 948- 4850
crnagdoskuna cityofchino. orq
CITY PROJECT INSPECTOR SURETY
Isaac Ortega
Permit& Inspection Supervisor
13220 Central Avenue
Chino, CA 91710
909) 334- 3501
iortega( a,cityofchino. orq
01225. 0006/ 366470. 2
TABLE OF CONTENTS
1. Construction Obligations
1. 1 Works of Improvement
1. 2 OtherObligationsReferencedin Conditionsof TentativeMapApproval
1. 3 Intent of Plans
1. 4 Survey Monuments
1. 5 Performance of Work
1. 6 Changes in the Work
1. 7 Defective Work
1. 8 No Warranty by City
1. 9 Authority of the City Engineer
1. 10 Documents Available at the Site
1. 11 Inspection
1. 12 Compliance with Law; Applicable Standards for Improvements
1. 13 Suspension of Work
1. 14 Erosion and Dust Control and Environmental Mitigation
1. 15 Final Acceptance of Works of Improvement
1. 16 Vesting of Ownership
1. 17 Subdivider's Obligationto WarnPublicDuringConstruction
1. 18 Injuryto PublicImprovements, PublicPropertyor PublicUtility
2. Time for Performance
2. 1 Commencement and Completion Dates
2. 2 Phasing Requirements
2. 3 Force Majeure
2. 4 Continuous Work
2. 5 Reversion to Acreage
3. Labor
3. 1 Labor Standards
3. 2 Nondiscrimination
3. 3 Licensed Contractors
3. 4 Workers' Compensation
4. Security
4. 1 Required Security
4. 2 Form of Security Instruments
4. 3 Subdivider' s Liability
4. 4 Letters of Credit
4. 5 Release of Security Instruments
5. Cost of Construction and Provision of Inspection Service
5. 1 Subdivider Responsible for All Related Costs of Construction 01225. 0006/ 366470. 2
5. 2 Payment to City for Cost of Related Inspection and Engineering Services
5. 3 Payment of Development Impact Fees
6. Acceptance of Offers of Dedication
7. Warranty of Work
8. Default
8. 1 Default by Subdivider
8. 2 Remedies
8. 3 Remedies Not Exclusive
8. 4 Attorney' s Fees and Costs
8. 5 Waiver
9. Indemnity/Hold Harmless
10. Subdivider's Indemnity of Project Approval
11. Insurance Requirements
12. Environmental Warranty
13. General Provisions
13. 1 Successors and Assigns
13. 2 No Third- Party Beneficiaries
13. 3 No Vesting Rights
13. 4 Subdivider is Not Agent of City
13. 5 Time of the Essence
13. 6 Notices
13. 7 No Apportionment
13. 8 Severability
13. 9 Captions ,
13. 10 Incorporation of Recitals
13. 11 Interpretation
13. 12 Entire Agreement; Waivers and Amendments
13. 13 Counterparts
14. Authority
01225. 0006/ 366470. 2
SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT ( this " Agreement") is enteredintothis5thdayof October, 2021, by andbetweenthe CITYOF CHINO, a municipal corporation, organizedandexistingintheCountyofSanBernardino, underandbyvirtueof the laws of the State of California, (" CITY"), and EVER SUN INVESTMENTS, LLC ( Subdivider").
RECITALS
A.
Subdivideris theownerof, andhasobtainedapprovalof a subdivisionmapidentified as Tentative Parcel Map No. 20058, ( the " Map"), located in the City of Chino,County of San Bernardino, State of California ( the " Property"), as described on Exhibit " A".
TheMaprequiresSubdividerto complywithcertainconditionsof approvalforthedevelopment of the Property (the " Conditions") as described on Exhibit " B".
B. Pursuantto the Conditions, Subdivider, bythe Map, hasofferedfordedicationto CityforpublicuseofthestreetsandeasementsshownontheMap. Citydesirestoacceptthe streetsandeasementsshownon theMapfor publicuse, andcertainotherimprovements described in this Agreement.
C. SubdividerhasdeliveredtoCity, andCityhasapproved, plansandspecifications and related documents for certain " Works of Improvement" ( as hereinafter defined) which are requiredto be constructedandinstalledin orderto accommodatethe developmentof the Property.
D. Subdivider's agreementto constructand install the Works of Improvement pursuantto this Agreementand its offer of dedicationof the streets, easementsand other improvementsandfacilities, asshownontheMap, area materialconsiderationto Cityin approvingParcelMapNo. 20058forthePropertyandpermittingdevelopmentoftheProperty to proceed.
COVENANTS
BasedupontheforegoingRecitalswhichareincorporatedhereinby referenceandin considerationof City's approvingthe Mapforthe Propertyandpermittingdevelopmentof the Property to proceed, Subdivider agrees to timely perform all of its obligations as set forth herein.
1. Construction Obligations.
1. 1. Works of Improvement. Subdivider agrees, at its sole cost and expense, to constructor install, or causeto be constructedor installedthe street, drainage, domesticwater, sanitary sewer, street lighting, landscaping, utility, and other improvements more fully described in Exhibit " B" attached hereto ( the " Works of Improvement"), as the same may be supplementedandrevisedfromtimeto timeas setforthin thisAgreement (saidplansand specifications, together with all related documents, the " Plans"). The estimated construction cost for the Works of Improvement is $ 664, 600. 00
01225. 0006/ 366470. 2
1 1. 2. Other Obligations Referenced in Conditions of Tentative Map Approval. In additionto the foregoing, Subdividershallsatisfyall of theConditionson the Mapfor theProperty. TheConditionsassociatedwiththeMapareincludedin Exhibit "B" attachedhereto.
1. 3. Intent of Plans. TheintentofthePlansreferencedinSection1.1istoprescribea completeworkofimprovementwhichSubdividershallperformorcausetobeperformedina manner acceptable to the City Engineer, ( or designee), and in full compliance with all codes and the terms of this Agreement. Subdivider shall complete a functional or operable improvementorfacility, eventhoughthePlansmaynotspecificallycalloutallitemsofwork requiredforSubdivider's contractorto completeitstasks, incidentalappurtenances, materials, and the like.
If anyomissionsaremadeor informationnecessaryto carryoutthefullintent andmeaningof thePlans, Subdivideror itscontractorshallimmediatelynotifyits design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In theeventofanydoubtorquestionarisingregardingthetruemeaningof anyofthePlans, referenceshall be madeto the City Engineerwhosedecisionthereonshall be final.
Subdivider recognizes that the Plans consist of general drawings. All authorized alterationsaffectingtherequirementsandinformationgivenonthePlansshallbeinwritingand approved by the City Engineer. ThePlansshallbesupplementedby suchworkingor shop drawings as are necessary to adequately control the work. Without the City Engineer's priorwrittenapproval, nochangeshallbemadebySubdivideroritscontractortoanyplan, specification, or working or shop drawing after it has been stamped as approved.
1. 4. Survey Monuments. Before final approval of street improvements, Subdivider shallplacesurveymonumentsas shownon ParcelMapNo. 20058in accordancewiththe provisionsoftheStateSubdivisionMapActandtheSubdivisionOrdinanceof theCityofChino. Subdividershallprovidesecurityforsuchobligationas providedin Section4.1(a)(iii) and, aftersettingthemonuments, SubdividershallfurnishtheCityEngineerwrittennoticeof thesettingofsaidmonumentsandwrittenproofofhavingpaidtheengineerorsurveyorforthe setting of said monuments.
1. 5. Performance of Work. Subdivider shall furnish or cause to be furnished all materials, labor, tools, equipment, utilities, transportation, andincidentalsrequiredto perform Subdivider' s obligations under this Agreement.
1. 6. Changes in the Work. The City Engineer, without invalidatingthis Agreementand without notificationto any of the sureties or financial institutions referenced in Paragraph4, mayorderextraworkor maymakechangesbyalteringor deletinganyportionoftheWorksof ImprovementasspecifiedhereinorasdeemednecessaryordesirablebytheCityEngineeras determinednecessarytoaccomplishthepurposesofthisAgreementandto protectthepublic health, safety, orwelfare. TheCityEngineershallnotifySubdivideroritscontractorinwriting by Correction Notice) at the time a determinationhas been made to require changes in the work.
NofieldchangesperformedorproposedbySubdivideroritscontractorshallbebinding onCityunlessapprovedinwritingbytheCityEngineer. TheCityandSubdividermaymutually agree upon changes to the Works of Improvement, subject to the security requirements in Section 4.
1. 7. Defective Work. Subdivider shall cause its contractor to repair, reconstruct, replace, or otherwisemakeacceptableanywork foundby the City Engineerto be defective. 01225. 0006/ 366470. 2
2 1. 8. No Warranty by City. The Plans for the Works of Improvement have been preparedbyoronbehalfofSubdivideroritsconsultantsorcontractors, andCitymakesno representationorwarranty, expressorimplied, toSubdividerorto anyotherpersonregardingthe adequacy of the Plans or related documents.
1. 9. Authority of the City Engineer. In additionto theauthoritygrantedto the City EngineerelsewhereinthisAgreement, theCityEngineershallhavetheauthoritytodecideall questionswhichmayariseastothequalityandacceptabilityof materialsfurnishedandwork performed, andallquestionsasto thesatisfactoryandacceptablefulfillmentof thetermsof this Agreement by Subdivider and its contractor.
1. 10. Documents Available at the Site. Subdividershallcauseitscontractorto keepa copyofallapprovedPlansatthejobsiteandshallgiveaccesstheretototheCity'sinspectorsand engineers at all times.
1. 11. Inspection.
Subdividershallhaveanauthorizedrepresentativeonthejobsiteat alltimesduringwhichworkis beingdonewhohasfullauthorityto actfor Subdivider, or its design engineer, and Subdivider' s contractor( s) regarding the Works of Improvement.
SubdividershallcauseitscontractortofurnishtheCitywitheveryreasonablefacilityfor ascertainingwhether or not the Works of Improvementas performed are in accordancewith the requirements and intent of this Agreement, including the Plans. If the City inspector requests it, the Subdivider' s contractor, at any time before acceptance of the Works of Improvement, shallremoveoruncoversuchportionsofthefinishedworkasmaybedirected which have not previously been inspected. After examination, the Subdivider' s contractor shall restore said portions of the work to the standards required hereunder. Inspection or supervisionby the City Engineer (or designee) shall not be consideredas direct control of the individual workmen on the job site. City's inspectorsshallhavethe authorityto stopanyand all work not in accordancewith the requirementscontainedor referencedin this Agreement.
Theinspectionof theworkbyCityshallnotrelieveSubdivideror itscontractorof any obligationsto fulfillthisAgreementashereinprovided, andunsuitablematerialsorworkmay be rejectednotwithstandingthatsuchmaterialsorworkmayhavebeenpreviouslyoverlooked or accepted.
1. 12. Compliance with Law; Applicable Standards for Improvements. In addition to the express provisions of this Agreement and the Plans, Subdivider shall cause construction of the Works of Improvement to be completed in accordance with all other applicable federal, state, andlocallaws, ordinances, rulesandregulations. Inaddition, withoutlimitingtheforegoing, the Subdividershall, at itsexpense, obtainandcomplywiththeconditionsofall necessarypermits andlicensesfortheconstructionof theWorksof Improvement. TheSubdividershallalsogive all necessarynoticesand pay all fees andtaxesas requiredby law.
Subdividershallconstructthe improvementsin accordancewith the City standardsin effectat the time of the adoptionof the ApprovedTentativeMap. City reservesthe rightto protectthe publicsafetyor welfareor complywith applicableFederalor State law or City zoning ordinances.
1. 13. Suspension of Work. The City Engineershall have authorityto order suspension of the workfor failureof the Subdivider's contractorto complywith law pursuantto Section 01225. 0006/ 366470. 2
3 1. 12. In case of suspension of work for any cause whatsoever, Subdivider and its contractor shall be responsiblefor all materials and shall store them properly if necessary, and shall providesuitableinterimdrainageand/or dust controlmeasures, and erect temporarystructures where necessary.
1. 14. Erosion and Dust Control and Environmental Mitigation. All grading, landscaping, and constructionactivitiesshall be performedin a mannerto controlerosionand prevent flooding problems. The City Engineer shall have the authority to require erosion plans to prescribereasonablecontrols on the method, manner, and time of grading, landscaping, and construction activities to prevent nuisances to surrounding properties. Plans shall include without limitation temporary drainage and erosion control requirements, dust control procedures, restrictions on truck and other construction traffic routes, noise abatement procedures, storage of materials and equipment, removal of garbage, trash, and refuse, securing the job site to prevent injury, and similar matters.
1.15. Final Acceptance of Works of Improvement. After Subdivider's contractor has completedall of the Works of Improvement, Subdividershall then request a final inspectionof the work. If items are found by the City's inspectors to be incomplete or not in compliance with thisAgreementor anyof the requirementscontainedor referencedherein, Citywill informthe Subdivideror its contractor of such items. After the Subdivider's contractor has completed these items, the procedure shall then be the same as specified above for the Subdivider's contractor' s initial request for final inspection. If items are found by City's inspectors to be incomplete or not in compliance after two ( 2) " final" inspections, the City may require the Subdivideror its contractor, as a conditionto performingfurtherfieldinspections, to submitin writinga detailedstatementof theworkperformedsubsequentto thedateof theprevious inspection which was found to be incomplete or not in compliance at that time. Subdivider shall be responsible for payment to City Engineer of re-inspection fees in the amount necessaryto covertheCity's costsforadditionalfinalinspections, asdeterminedbytheCity Engineer.
Noinspectionor acceptancepertainingto specificpartsof the Worksof Improvement shallbeconstruedasfinalacceptanceofanypartuntiltheoverallfinalacceptancebytheCity Engineeris made. The City Engineershall makea certificationof completionand acceptance ontheWorksof Improvementbyrecordationofa NoticeofAcceptanceonbehalfoftheCity.
Final acceptanceshall not constitutea waiver by the City Engineerof defectivework subsequently discovered.
The date on which the Works of Improvementwill be consideredas complete shall be the date of the Notice of Acceptance.
1.16. VestingofOwnership. UponrecordationoftheNoticeof Acceptance, ownership of the Worksof Improvementshall vest in the City.
1.17. Subdivider's Obligationto Warn Public During Construction. Until recordation of theNoticeofAcceptance, Subdividershallgivegoodandadequatewarningto thepublicof any dangerous condition of the Works of Improvements, and shall take reasonable actions to protect the public from such dangerous condition. Until recordation of the Notice of Acceptance, Subdivider shall provide forty- eight ( 48) hours' advance written notice to all 01225. 0006/ 366470. 2
4 neighboringpropertyownersand tenantsaffectedby Subdivider's operationsor constructionof the hours, datesand durationof any plannedconstructionactivities.
1.18. Injuryto PublicImprovements, PublicPropertyorPublicUtility. Untilrecordation oftheNoticeofAcceptanceoftheWorksofImprovement, Subdividerassumesresponsibilityforthecareandmaintenanceof, andanydamageto, theWorksof Improvements. Subdivider shallreplaceorrepairallWorksofImprovements, publicproperty, publicutilityfacilities, and surveying or subdivision monumentsand benchmarkswhich are destroyed or damaged for any reason, regardless whether resulting from the acts of the Subdivider, prior to the recordation of the Notice of Acceptance. Subdivider shall bear the entire cost of such replacementorrepairsregardlessofwhatentityownstheunderlyingproperty. Anyrepairor replacementshallbetothesatisfaction, andsubjecttotheapproval, oftheCityEngineer.
NeithertheCity, noranyofficeroremployeethereof, shallbeliableor responsiblefor any accident, loss or damage, regardless of cause, occurring to the work or Works of ImprovementspriortorecordationoftheNoticeofAcceptanceoftheworkorimprovements.
2. Time for Performance.
2. 1. Commencement and Completion Dates. Subject to Sections 2.2 and 2.3 below, Subdividershall (i) commencewithconstructionandinstallationoftheWorksof Improvement thirty ( 30) days following City' s approval of the Plans (" Commencement Date"); and ( ii) completeorcausetobecompletedalloftheWorksof Improvementwithintwo (2) yearsafterthe Commencement Date. IntheeventgoodcauseexistsasdeterminedbytheCityEngineer, the time for commencementof constructionor completionof the Works of Improvement hereundermaybeextendedbyuptothree (3) additionaloneyearperiods. Extensionsshallbe executedin writingby the City Engineer. The City Engineerin his or her sole discretion determineswhetheror notthe Subdividerhasestablishedgoodcausefor an extension. As a conditionofsuchextension, theCityEngineermayrequireSubdividertofurnishnewsecurity guaranteeing performance of this Agreement, as extended, in an increased amount to compensatefor anyincreasein constructioncostsas determinedby the CityEngineer. If Subdividerrequestsand is granted an extensionof time for completionof the improvements, City may apply the standards in effect at the time of the extension.
2. 2. Phasing Requirements. Notwithstanding the provisions of Section 2. 1, the City reserves the right to control and regulate the phasing of completion of specific Works of Improvementas requiredto complywith applicableCity ordinances, regulations, and rules relating to the timely provision of public services and facilities. In addition to whatever other remediesthe Citymayhavefor Subdivider's failureto satisfysuchphasingrequirements, as thesamenowexistor maybeamendedfromtimeto time, SubdivideracknowledgesCity's rightto withholdtheissuanceof furtherbuildingpermitsonthe Propertyuntilsuchphasing requirements are satisfied. Priorto issuanceof buildingpermits, Subdividershall provide satisfactory evidence that all applicable requirements that are a condition to issuance of buildingpermitshavebeensatisfied. Suchrequirementsmayincludethe paymentof fees, construction of improvements, or both. Final inspections or issuance of Certificates of OccupancymaybewithheldfromtheSubdividerbytheCity, if, upona determinationbythe CityEngineer, completionof specificWorksof Improvementsor otherrequirementsassociated with the developmentof the Propertyhavenot beencompletedto the City Engineer's satisfaction.
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5 2. 3. Force Majeure. NotwithstandingtheprovisionsofSection2.1, Subdivider's time forcommencementandcompletionoftheWorksofImprovementshallbeextendedforthe periodofanyenforceddelaycausedduetocircumstancesbeyondthecontrolandwithoutthefault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikes, lockouts, pandemics, actsorfailurestoactofapublicagency (includingCity), requiredchangestothescopeofworkrequiredbyCity, andsimilarcauses; provided,however, thattheperiodofanyenforceddelayhereundershallnotincludeanyperiodlonger thanfive (5) dayspriortoCity's receiptofa writtennoticefromSubdivideroritscontractor detailingthegroundsforSubdivider's claimtoa righttoextenditstimeforperformancehereunder.
TheCityEngineershallevaluateall claimsto ForceMajeureandmakea reasonabledeterminationregardingthelengthof anyextensionof timefor commencement and/orcompletionoftheWorksofImprovementandtheCityEngineer'sdecisionshallbefinal.
2. 4. Continuous Work. After commencement of construction of the Works ofImprovement ( or separate portion thereof), Subdividershallcausesuchworkto bediligently pursuedtocompletion, andshallnotabandontheworkfora consecutiveperiodormorethan thirty (30) days, events of Force Majeure excepted.
2. 5. Reversion to Acreage. Inadditionto whateverotherrightsCitymayhavedueto Subdivider'sfailuretotimelyperformitsobligationshereunder, SubdividerrecognizesthatCityreservestherighttorevertthePropertytoacreagesubjecttothelimitationsandrequirements setforthinCaliforniaGovernmentCodeSection66499.11throughSection66499.20.1.
3. Labor.
3. 1. Labor Standards. ThisAgreementissubjectto, andSubdivideragreestocomply with, all of the applicableprovisionsof the LaborCodeincluding, but not limitedto, the wage and hour, prevailingwage, workercompensation, and variousother labor requirementsin Division 2, Part 7, Chapter 1, including section 1720 to 1740, 1770 to 1780, 1810 to 1815, 1860to 1861, whichprovisionsarespecificallyincorporatedhereinby referenceas setforth hereinintheirentirety. Subdividershallexpresslyrequirecompliancewiththeprovisionsofthis Sectionin all agreementswithcontractorsandsubcontractorsfor the performanceof the Works of Improvement.
3. 2. Nondiscrimination. In accordance with the California Fair Employment and Housing Act (" FEHA"), California Government Code Section 12940 et seq., Subdivider agrees thatSubdivider, itsagents, employees, contractors, andsubcontractorperforminganyof the Worksof Improvementshallnotdiscriminate, in anyway, againstany personon the basisof race, ethnicity, religious creed, color, national origin, ancestry, physical disability, mental disability, medicalcondition, geneticinformation, maritalstatus, sex, gender, genderidentity, gender expression, age, sexual orientation, or military and veteran status. Subdivider shall expressly require compliance with the provisions of this Section in all agreements with contractors and subcontractors for the performance of this Agreement.
3. 3. Licensed Contractors. Subdivider shall cause all of the Works of Improvement to be constructedby contractorsand subcontractorswith valid CaliforniaContractors' licensesfor the type of work being performed. All of Subdivider's contractors and subcontractors shall obtaina valid City of Chinobusinesslicensepriorto performingany work pursuantto this Agreement. Subdividershallprovidethe CityEngineerwitha list of all of its contractorsand 01225. 0006/ 366470. 2
6 subcontractorspriorto initiatinganywork, andall validContractor's licensesandbusiness licensesissuedtheretoasaconditionofconstructingtheWorksofImprovements.
3. 4. Worker' s Compensation. Subdivider shall cause every contractor and subcontractorperforminganyof theWorksof Improvementto carryWorkers' Compensation InsuranceasrequiredbytheLaborCodeoftheStateofCaliforniaandshallcauseeachsuch contractorandsubcontractorto submitto Citya Certificateof Insuranceverifyingsuch coveragepriortosuchcontractororsubcontractorenteringontothejobsite.
4. Security.
4. 1. Required Security.
a)
At thetimeSubdividerexecutesthisAgreement, Subdividershallfurnish toCitythefollowingbonds, lettersofcredit, instrumentsofcredit (assignmentof depositaccount) or othersecurityacceptableto Cityin its soleandabsolute discretionandsatisfyingtherequirementsof theapplicableprovisionsof this Section4 below (hereinafter "SecurityInstruments"):
i) A SecurityInstrumentsecuringSubdivider's faithfulperformanceof all of the Works of Improvement (" Faithful Performance SecurityInstrument"), in the amount of $ 664, 600. 00 equal to 100% of the estimated construction cost referenced in Section 1.1.
ii) A SecurityInstrumentguaranteeingthe paymentto contractors, subcontractors, and other persons furnishing labor, materials, and/ or equipment (" Labor and Materials Security Instrument") with respect to the Works of Improvement in an amount equal to 332, 300. 00 equal to 50% of the estimated construction cost referenced in Section 1. 1.
iii) A Security Instrument guaranteeing the payment of the cost of setting monuments as required in Section 1.4 in the amount of 4, 250. 00 equal to 100% of the cost thereof.
This Agreementshallnot be effectivefor any purposeuntil suchSecurity InstrumentsaresuppliedtoandapprovedbyCityinaccordanceherewith. b) Required Security Instrument for Maintenance and Warranty. Prior to the City Council's acceptance of the Works of Improvementand recordation of a Noticeof Completion, Subdividershalldelivera SecurityInstrumentwarranting the work accepted for a period of one ( 1) year following said acceptance Maintenance and Warranty Security Instrument"), in the amount of $ 66. 500. 00 equal to 10% of the estimated construction cost set forth in Section 1.1 or a suitableamountdeterminedby the City Engineer.
4. 2. Form of Security Instruments. All Security Instrumentsshall be in the amounts required under Section 4. 1 ( a) or 4. 1( b), as applicable, shall meet the following minimum requirementsandotherwiseshallbeina formprovidedbyCityorotherwiseapprovedbythe City Attorney:
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7 a)
Bonds. ForSecurityInstrumentsprovidedin the formof bonds, any such bond must be issuedand executedby an insurancecompanyor bank authorized to transactsuretybusinessin the Stateof California. Any insurancecompany acting as surety shall have a minimum rating of A-IX, as rated by the current editionof Best's KeyRatingGuidepublishedbyA.M. Best's Company, Oldwick, NewJersey, 08858. Any bankactingas suretyshall havea minimumratingof AA, as rated by Moody' s or Standard & Poor' s.
b) Letters of Credit. ForSecurityInstrumentswhichare lettersof credit, any letter of credit shall be an originalseparateunconditional, irrevocable, negotiable and transferablecommercialletter of credit issued by a financial institutionwith offices in the State of California acceptable to City. Any such letter of credit shall specificallypermitCity to drawon sameby unilateralcertificationof the City Engineerof the City that Subdivideris in default under its payment or performance obligations hereunder or in the event Subdivider fails to deliver a replacement letter of credit not less than thirty ( 30) days prior to the date of expirationofanysuchletterofcreditandshallfurtherbesubjecttotheprovisions of Section 4. 4.
c) Instrument of Credit. For Security Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to City all of Subdivider's interest in funds on deposit in one or morebankaccountswithfinancialinstitutionsacceptableto City. d) General Requirements for all Security Instruments. i) Payments under any Security Instrumentsshall be required to be made ( and, with respect to bonds, litigation shall be required to be instituted and maintained) in the City of Chino, State of California and the SecurityInstrumentshall so provide).
ii) Each Security Instrument shall have a minimum term of one ( 1) year after the deadline for Subdivider' s completing the Works of Improvement, in accordance with Section 2. 1 ( other than Instruments of Credit, which shall have no defined term or expiration date).
iii) Each SecurityInstrumentshall providethat changes may be made in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and without affecting the obligations under such Security Instrument. iv) If the Subdivider seeks to replace any security with another security, the replacement shall: ( 1) comply with all the requirements for security in this Agreement; ( 2) be provided by the Subdivider to the City Engineer; and (3) upon its written acceptanceby the City Engineer, be deemed a part of this Agreement. Upon the City Engineer' s acceptance of a replacement security, the former security shall be released by the City.
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8 4. 3. Subdivider's Liability. WhilenoactionofSubdividershallberequiredinorderfor Cityto realizeon itssecurityunderanySecurityInstrument, Subdivideragreesto cooperate withCitytofacilitateCity's realizationunderanySecurityInstrument, andto takenoactionto preventCityfromsuchrealizationofanySecurityInstrument. Notwithstandingthegivingofany SecurityInstrumentorthesubsequentexpirationofanySecurityInstrumentoranyfailureby any suretyor financialinstitutionto performits obligationswith respectthereto, Subdivider shallbepersonallyliableforperformanceunderthisAgreementandforpaymentofthecostof thelaborandmaterialsfortheimprovementsrequiredtobeconstructedorinstalledherebyand shall, within ten ( 10) daysafterwrittendemandtherefor, deliverto Citysuchsubstitute securityas City shall requiresatisfyingthe requirementsin this Section 4.
4. 4. Letters of Credit.
a) In the event a letter of credit is given pursuant to Section 4. 2( b), City shall be entitledto drawon any suchletterof creditif a replacementletterof credit expiring in not less than one ( 1) year, unless City agrees to a lesser term in City's soleandabsolutediscretion) isnotdeliverednotlessthanthirty (30) days priorto the expirationof the originalletter of credit, such substituteletter of credit being in the same amountand havingthe terms and conditionsas the initial letter of creditdeliveredhereunder, issuedbya financialinstitutionacceptableto City as of the date of deliveryof the replacementletter of credit. b) In theeventof drawbythe Cityon a letterof credit, the Citymayelect, in its sole and absolutediscretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Subdivider. If the City elects to hold the funds in an account pursuant to the foregoing, City maythereafterat anytimeelectinsteadto applysuchfundsas provided in the foregoing. Subdivideragrees and hereby grants City a security interest in such accountto the extent requiredfor City to realize on its interests therein, and agrees to execute and deliver to City any other documents requestedby City in order to evidencethe creationand perfectionof City's security interest in such account.
4. 5. Release of Security Instruments. The City shall release all Security Instruments consistent with Government Code Sections 66499. 7 and 66499. 8, Section 19.09. 010 of the Chino Municipal Code, and as follows:
a) City shall releasethe Faithful PerformanceSecurity Instrumentand Labor and MaterialsSecurityInstrumentwhen all of the followinghaveoccurred:
i) Subdivider has made written request for release and provided evidence of satisfaction of all other requirements in this Section 4. 5; ii) the Works of Improvement have been accepted;
iii) Subdivider has delivered the Maintenance and Warranty Security Instrument; and
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9 iv) after passageof the time withinwhich lien claims are required to be madepursuantto Title3 (commencingwithSection9000) of Part 6 of Division4 of the CivilCodeof the State of California. If lien claims have been timely filed, City shall hold the Labor and MaterialsSecurityInstrumentuntilsuchclaimshavebeenresolved, Subdividerhasprovideda statutorybond, or otherwiseas required by applicable law.
b)
CityshallreleasetheMaintenanceandWarrantySecurityInstrumentupon Subdivider' s written request upon the expiration of the warranty period, and settlementof anyclaimsfiledduringthewarrantyperiod.
c)
The City may retainfrom any securityreleased, an amountsufficientto covercostsandreasonableexpensesandfees, includingreasonableattorney's - fees.
5. Cost of Construction and Provision of Inspection Service.
5. 1. Subdivider Responsible for All Costs of Construction. Subdivider shall be responsiblefor paymentof all costs incurredfor constructionand installation of the Works of Improvement. In the eventSubdivideris entitledto reimbursementfrom City for any of the Works of Improvement, such reimbursementshall be subject to a separate Reimbursement Agreementto be enteredintobetweenSubdividerandCitypriorto constructionof the Works of Improvement.
5. 2. Payment to City for Cost of Related Inspection and Engineering Services.
SubdividershallcompensateCityfor all of City's costsreasonablyincurredin havingits authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Subdivider shall compensate City for all design, plan check, evaluating any proposed or agreed- upon changes in the work. The procedures for deposit and payment of such fees shall be as establishedby the City. In no event shall Subdivider be entitledto additionalinspectionsor a finalinspectionandacceptanceof any of the Worksof Improvementuntilall Cityfeesandchargeshavebeenfully paid, includingwithoutlimitation, charges for applicable penalties and additional required inspections.
5. 3. Paymentof DevelopmentImpactFees. Subdividershall pay DevelopmentImpact Fees pursuant to and in accordance with Chino Municipal Code Chapter 3.40 or 3.45, as applicable.
6. Acceptance of Offers of Dedication. The City Council shall pass as appropriate resolutionor resolutionsacceptingall offers of dedicationshown on the Map for the Property, withacceptanceto becomeeffectiveuponcompletionandacceptanceby Cityof theWorksof Improvement. Such resolution(s) shall authorizethe City Clerkto executethe Certificatemade a part of the Map regarding said acceptance of the offer of dedication.
7. Warranty of Work. Subdivider shall guarantee all Works of Improvement against defective materials and workmanship for a period of one ( 1) year from the date of final acceptance. If any of the Works of Improvementshouldfail or prove defectivewithin said one 1) yearperioddueto anyreasonotherthanimpropermaintenance, or if anysettlementof fill 01225. 0006/ 366470. 2
10 or backfill occurs,
orshouldanyportionof theWorksof Improvementfailto fulfillanyrequirements of the Plans, Subdivider, within fifteen ( 15) days after written notice of such defects, orwithinsuchshortertimeasmayreasonablybedeterminedbytheCityintheeventofemergency, shallcommencetorepairorreplacethesametogetherwithanyotherworkwhich may be damaged or displaced in so doing. ShouldSubdividerfail to remedydefective materialand/orworkmanshipormakereplacementsorrepairswithintheperiodoftimeset forthabove, Citymaymakesuchrepairsandreplacementsandtheactualcostoftherequired laborandmaterialsshallbechargeabletoandpayablebySubdivider. Thewarrantyprovidedhereinshallnotbeinlieuof, butshallbeinadditionto, anywarrantiesorotherobligations otherwise imposed by law.
8. Default.
8. 1. DefaultbySubdivider. DefaultbySubdividershallinclude, butnotbelimitedto:
a) Subdivider' s failure to timely commence construction of Works of Improvement under this Agreement;
b) Subdivider's failure to timely complete construction of the Works of Improvement;
c)
Subdivider's failureto performsubstantialconstructionworkfor a periodfor 20 consecutive calendar days after commencement of the work; d) Subdivider' s insolvency, appointment of a receiver, or the filing of any petition in bankruptcy, either voluntary or involuntary, which Subdivider fails to discharge within 30 days;
e) The commencement of a foreclosure action against the subdivision or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or f) Subdivider's failureto performany other obligationunderthis Agreement.
8. 2. Remedies. The City reservesall remediesavailableto it at law or in equity for a default or breach of Subdivider's obligations under this Agreement. The City shall have the right, subjectto thisSection, to drawuponor usetheappropriatesecurityto mitigatetheCity's damages in the event of default by Subdivider. The City's right to draw upon or use the securityis in additionto any other remedyavailableto City. The parties acknowledgethat the estimated costs and security amounts may not reflect the actual cost of construction of the improvementsand, therefore, City's damagesfor Subdivider's defaultshallbe measuredby thecostofcompletingtherequiredimprovements. TheCitymayusethesumsprovidedbythe securitiesfor the completionof the Worksof Improvementin accordancewith the plans. In the event the Subdivider fails to cure any default under this Agreement within 20 days after the City mails a notice of such default to the Subdividerand the Subdivider's surety, Subdivider authorizes the City to perform the obligation for which Subdivider is in default and agrees to pay the entire cost of such performanceby the City. The City may take over the work and complete the Works of Improvement, by contract or by any other method City deems appropriate, at the expenseof the Subdivider. In such event, City, without liability for doing so, may complete the Works of Improvement using any of Subdivider' s materials, appliances, 01225. 0006/ 366470. 2
11 plansandotherpropertythatareat theworksiteandthatarenecessaryto completethe Works of Improvement.
8. 3. RemediesNotExclusive. InanycasewherethisAgreementprovidesa specific remedyto Cityfor a defaultbySubdividerhereunder, theSubdivideragreesthatthe choiceof remedyorremediesforSubdivider's breachshallbeinthediscretionoftheCity. Additionally, any remedyspecificallyprovidedin this Agreementshall be in additionto, and not exclusive of, City'srighttopursueanyotheradministrative, legal, orequitableremedytowhichit maybyentitled.
8. 4. Attorney' s Fees and Costs. In the eventthat Subdividerfails to performany obligationunderthisAgreement, SubdivideragreestopayallcostsandexpensesincurredbyCity in securing performance of such obligations, including costs of suit and reasonable attorney' s fees. In the eventof any disputearisingout of Subdivider's performanceof its obligationsunder this Agreementor under any of the Security Instrumentsreferencedherein, theprevailingpartyin suchaction, inadditiontoanyotherreliefwhichmaybegranted, shall be entitled to recover its reasonable attorney' s fees and costs. Such attorney' s fees and cost shallincludefeesandcostsonanyappeal, andinadditiona partyentitledto attorney's fees andcostsshallbeentitledto allotherreasonablecostsincurredin investigatingsuchaction, takingdepositionsanddiscovery, retainingexpertwitnesses, andall othernecessaryand related costs with respect to the litigation. All such fees and costs shall be deemed to have accruedon commencementof the action and shall be enforceablewhether or not the action is prosecuted to judgment.
8. 5. Waiver. No waiver by the City of any breachor default by the Subdividershall be consideredvalid unlessin writing, and no suchwaiver by the City shall be deemed a waiver of any subsequent breach or default by the Subdivider.
9. Indemnity/Hold Harmless. City or any officer, employee or agent thereof shall not be liable for any injury to persons or propertyoccasionedby reason of the acts or omissions of Subdivider, its agents, employees, contractorsand subcontractorsin the performanceof this Agreement. Subdividerfurther agreesto protect, defend, indemnifyand hold harmlessCity, its officials, boardsand commissions, and membersthereof, agents, and employeesfrom any andall claims, demands, causesof action, liabilityor lossof anysort, becauseof, or arising out of, acts or omissions of Subdivider, its agents, employees, contractors and subcontractors in the performance of this Agreement, except for such claims, demands, causes of action, liability or loss arising out of the sole active negligence of the City, its officials, boards, commissions, the members thereof, agents and employees, including all claims, demands, causesof action, liabilityor loss becauseof or arisingout of, in whole or in part, the design or construction of the improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damagesor taking of property resulting from the design or construction of said Subdivision, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design and construction of public drainage systems, streets and other improvements.
Recordationof the Notice of Acceptanceby the City of the Works of Improvementsshall not constitutean assumptionby the City of any responsibilityfor any damage or taking covered by thisSection. Cityshallnotbe responsibleforthe designor constructionof the propertyto be dedicated or the improvements pursuant to the approved improvement plans or map, regardlessof any negligentaction or inactiontaken by the City in approvingthe plans or map, 01225. 0006/ 366470. 2
12 unlesstheparticularimprovementdesignwasspecificallyrequiredby Cityoverwritten objectionby Subdividersubmittedto theCityEngineerbeforeapprovalof theparticular improvementdesign, whichobjectionindicatedthattheparticularimprovementdesignwas dangerousordefectiveandsuggestedanalternativesafeandfeasibledesign.
AfterrecordationoftheNoticeofAcceptance, theSubdividershallremainobligatedto eliminateany latentdefectin designor dangerousconditioncausedby the designor constructiondefectfor a periodof one (1) year; however, Subdividershallnot be responsible forroutinemaintenance. It istheintentofthissectionthatSubdividershallberesponsiblefor allliabilityfordesignandconstructionoftheimprovementsinstalledorworkdonepursuantto thisAgreementandthatCityshallnotbe liableforanynegligence, nonfeasance, misfeasance ormalfeasanceinapprovingorreviewinganyworkorconstruction. Theimprovementsecurityshall not be requiredto cover the provisionsof this Paragraph.
SubdividershallreimbursetheCityforallcostsandexpenses, includingbutnotlimited to feesandchargesof architects, engineers, attorneys, andotherprofessionals, andcourt costs, incurredby City in enforcingthis Section.
10. Subdivider's IndemnityofProjectApproval. Subdividershalldefend, indemnify, andhold harmless the City and its agents, officers, and employees from any claim, action, or proceedingagainst the City or its agents, officers, or employeesto attack, set aside, void, or annul, anapprovaloftheCity, advisoryagency, appealboard, or legislativebodyconcerning the Subdivision. The City shall promptly notify the Subdivider of any claim, action, or proceedingandcooperatefullyin thedefenseof anysuchclaim, action, or proceeding. In the eventCityfailsto promptlynotifythe Subdividerof anyclaim, action, or proceeding, or if the City fails to cooperate in the defense, the Subdividershall not thereafter be responsibleto defend, indemnify, or hold harmlessthe City. Nothingin this Sectionprohibitsthe City from participatingin the defenseof anyclaim, action, or proceedingif Citybearsits ownattorney's feesandcostsanddefendsthe actionin goodfaith. Subdividershallnot berequiredto payor perform any settlement unless the settlement is approved by the Subdivider.
11. Insurance Requirements. Subdivider, at Subdivider' s sole cost and expense and for the full term of this Agreement and any extensions thereto, shall obtain and maintain all of the following minimum insurance requirements in a form approved by the City's authorized designeefor Risk Managementpriorto commencingany work:
a) Commercial General Liability policy with a minimum $ 1 million combined single limit for bodily injury and property damage providing all of the following minimum coverage without deductibles:
i) Premises operations; including X, C, and U coverage; ii) Owners' and contractors' protection;
iii) Blanket contractual;
iv) Completed operations; and
v) Products.
01225. 0006/ 366470. 2
13 b) Commercial Business Auto policy with a minimum $ 1 million combined singlelimitforbodilyinjuryandpropertydamage, providingallofthefollowing minimum coverage without deductibles:
i) Coverage shall apply to any and all leased, owned, hired, or non- owned vehicles used in pursuit of any of the activities associated with this Agreement; and
ii) Any and all mobileequipmentincludingcranes which are not coveredundertheaboveCommercialBusinessAutopolicyshall
have said coverage provided under the Commercial General Liability policy.
c)
WorkersCompensationandEmployers' Liabilitypolicyin accordancewith the lawsof the Stateof Californiaand providingcoveragefor any and all employees of the Subdivider:
i) This policy shall provide coverage for Workers' Compensation Coverage A); and
i) This policy shall provide coverage for $ 1,000, 000 Employers' Liability (Coverage B).
ii) Pursuantto LaborCodesection 1861, Subdividerby executingthis Agreement certifies: " I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self- insurancein accordancewith theprovisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract."
iii) Prior to commencement of work, the Subdivider shall file with the City's Risk Manager a Certificate of Insurance or certification of permissionto self-insureworkers' compensationconformingto the requirements of the Labor Code.
d) Endorsements. All of the followingendorsementsare requiredto be made a part of each of the above- required policies as stipulated below:
i) " The City of Chino, its officers, employees and agents are hereby added as additional insureds."
ii) " This policy shall be consideredprimary insurance with respect to any other valid and collectible insurance the City may possess, includingany self- insuredretentionthe City may have and any other insurance the City does possess shall be considered excess insurance only."
01225. 0006/ 366470. 2
14 iii) " This insuranceshall act for each insuredand additional insured as though a separatepolicy has beenwritten for each. This, however, willnotactto increasethelimitof theinsuringcompany."
iv) "
Thirty (30) dayspriorwrittennoticeofcancellationshallbegivento the City of Chino in the event of cancellation and/or reduction in coverage, exceptthatten (10) dayspriorwrittennoticeshallapply in the event of cancellation for non- payment of premium." Such notice shall be sent to the Risk Manager at the address indicated in Subsection f below.
v) Subsection d( iv) hereinabove " Cancellation Notice" is the only endorsement required of the Workers' Compensation and Employers' Liability policy.
e)
AdmittedInsurers. All insurancecompaniesprovidinginsuranceto the Subdivider under this Agreementshall be admitted to transact the business of insurance by the California Insurance Commissioner.
f) Proof of Coverage. Copies of all required endorsements shall be attached to the Certificate of Insurance which shall be provided by the Subdivider's insurance company as evidence of the coverage required herein and shall be mailed to:
City of Chino
Risk Management
13220 Central Avenue
Chino, CA 91710
12. Environmental Warranty.
12. 1. Prior to the acceptance of any dedications or Works of Improvement by City, Subdividershall provide City with a written warranty in a form substantiallysimilar to Exhibit C" attachedheretoand incorporatedhereinby reference, that:
a) Neitherthe propertyto be dedicatednor Subdividerare in violation of any environmental law, and neither the property to be dedicated nor the Subdivider are subject to any existing, pending or threatened investigation by any federal, state or local governmental authority under or in connection with the environmental laws relating to the property to be dedicated. b) Neither Subdivider nor any other person with Subdivider' s permission to be upon the property to be dedicated shall use, generate, manufacture, produce, or release, on, under, or about the property to be dedicated, any Hazardous Substance except in compliance with all applicable environmental laws. For the purposes of this Agreement, the term " Hazardous Substances" shall mean any substance or material which is capable of posing a risk of injury to health, safety or property, including all those materials and substances designated as hazardous or toxic by any federal, state or local law, ordinance, rule, regulation 01225. 0006/ 366470. 2
15 or policy, includingbut not limitedto, all of those materialsand substances definedas "ToxicMaterials" in Sections66680through66685of Title22 of the CaliforniaCodeof Regulations, Division4, Chapter30, as the same shall be amendedfromtime to time, or anyothermaterialsrequiringremediationunder federal, stateorlocallaws, ordinances, rules, regulationsorpolicies. c) Subdivider has not caused or permitted the release of, and has no knowledgeof the releaseor presenceof, any HazardousSubstanceon the propertyto be dedicatedor the migrationof any hazardoussubstancefrom or to anyother propertyadjacentto, or in the vicinity of, the propertyto be dedicated. d) Subdivider's priorandpresentuseof thepropertyto bededicatedhasnot resultedin the releaseof any hazardoussubstanceon the propertyto be dedicated.
12.2. Subdividershallgivepromptwrittennoticeto Cityof:
a)
Anyproceedingor investigationbyanyfederal, stateor localgovernmental b) authority with respect to the presence of any hazardous substance on the propertyto be dedicatedor the migrationthereoffrom or to any other property adjacent to, or in the vicinity of, the property to be dedicated. c)
Any claims madeor threatenedby any third party againstCity or the propertyto be dedicatedrelatingto any loss or injury resultingfrom any hazardous substance; and
d) Subdivider's discoveryof any occurrenceor conditionon any property adjoining or in the vicinity of the property to be dedicated that could cause the propertyto be dedicatedor any partthereofto be subjectto any restrictionson its ownership, occupancy, use for the purposefor which it is intended, transferability or suit under any environmental law.
13. General Provisions.
13. 1. Successorsand Assigns. This Agreementshall be binding upon all successors and assigns to Subdivider's right, title, and interest in and to the Property and any portion thereof. Subdivider hereby consents to City recording this Agreement as official records of San BernardinoCounty, affectingfee title interestto the Propertyto provideconstructivenotice of the rights and obligations incurred by Subdivider in the City' s approval of this Agreement. In the event the Property is subsequently conveyed by Subdivider to a third party prior to completion of the Works of Improvement, whereby the third party is intended to assume Subdivider' s responsibilities with regard to this Agreement, ( the " Replacement Subdivider"), the rights and obligations of this Agreement shall transfer to the Replacement Subdivider; however, the Security Instruments required pursuant to Section 4 of this Agreement, and furnished by Subdivideras a conditionof the City's approval of this Agreement, shall remain Subdivider' s responsibility to maintain until such time as Subdivider and its Replacement Subdivider enter into a Transfer and Assignment of Subdivision Agreement, ( the " Transfer Agreement"), to acknowledge the transfer of fee title to the Property from the Subdivider to its 01225. 0006/ 366470. 2
16 ReplacementSubdivider, andto acknowledgetherightsandobligationsassociatedwiththis Agreement upon the Replacement Subdivider, including Replacement Subdivider' s responsibilitytofurnishreplacementSecurityInstrumentsmeetingtheCity'sapprovalpursuantto Section 4 of this Agreement. Untilsuchtimeasa TransferAgreement, meetingtheCity'sapproval, is executed by Subdivider and its Replacement Subdivider, and replacement SecurityInstrumentsmeetingCity's approvalarefurnishedby the ReplacementSubdivider, SubdividerretainssoleresponsibilityformaintainingallSecurityInstrumentsrequiredpursuantto Section 4 of this Agreement.
13. 2. No Third- Party Beneficiaries. This Agreementis intendedto benefitonly the partiesheretoandtheirrespectivesuccessorsandassigns. NeitherCitynorSubdividerintend to createanythird-partybeneficiaryrightsin thisAgreementin anycontractor, subcontractor, memberof the generalpublic, or otherpersonor entity.
13.3. No Vesting Rights. Performanceby the Subdividerof this Agreementshall not be construedtovestSubdivider's rightswithrespecttoanychangeinanyzoningor buildinglaw or ordinance.
13. 4. Subdivider is Not Agent of City. Neither Subdivider nor Subdivider' s agents, contractors, or subcontractors are agents or contractors of the City in connection with the performance of Subdivider' s obligations under this Agreement.
13.5. Time of the Essence. Time is of the essenceof Subdivider's performanceof all of its obligations under this Agreement.
13. 6. Notices. Unless otherwise specified in this Agreement, all notices required or providedfor underthisAgreementshallbe in writinganddeliveredin personor sentby mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date is delivered in person, or, if mailed, on the date of deposit in the United States Mail.
Noticeshall be providedto the personslistedon Pages1 and 2 of this Agreementby the parties for this purpose.
Either party may provide a new designatedrepresentativeand/or address by written notice as provided in this Section.
13. 7. No Apportionment. Nothingcontainedin this Agreementshall preclude City from expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering into agreements with other subdividers for the apportionment of costs of water and sewer mains, or other improvementspursuantto the provisionsof the City ordinancesprovidingtherefore. Nor shall anythingin the Agreement commit City to any such apportionment.
13. 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 captionsof this Agreementare for convenienceand referenceonly and shallnot be used in the interpretationof any provisionof this Agreement. 01225. 0006/ 366470. 2
17 13.10. Incorporationof Recitals. TherecitalstothisAgreementareherebyincorporatedinto the terms of this Agreement.
13.11. Interpretation. ThisAgreementshallbeinterpretedinaccordancewiththelawsof the State of California.
13.12. EntireAgreement; WaiversandAmendments. ThisAgreementintegratesall of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiationsandpreviousagreementsbetweenthepartieswithrespectto all or partof the subject matter hereof, except as may be expressly provided herein. All waivers of the provisionsof thisAgreementmustbe in writingandsignedby anauthorizedrepresentativeof thepartyto becharged, andallamendmentsheretomustbeinwritingandsignedbythe appropriate representatives of both parties.
13.13. Counterparts. This Agreementmay be executedin one or more counterparts, all of which taken together shall be deemed one original.
14. Authority. ThepersonsexecutingthisAgreementonbehalfof thepartieswarrantthe (I) party is duly organized and existing, ( ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, ( iii) by so executingthis Agreement, such party is formally bound to the provisionsof this Agreement, and (iv) the entering into of this Agreement does not violateany provisionsof any other agreementto which said party is bound.
SIGNATURES ON NEXT PAGE]
01225. 0006/ 366470. 2
18 IN WITNESS WHEREOF, the City and the Subdivider have caused this Agreement to be executed the day and year first above written.
APPROVED AS TO FORM: APPRO ED AS TO CONTENT:
SIGNED IN COUNTERPART
tia t i
Fred Galante, City Attorney Nicholas S. i ori, AICP
Director of Development Services
EVER SUN INVESTMENTS, LLC
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Signature and ate)
Name: SAan Weil C.( avc 17
Please type or print name)
Title: ( RI/
Please type or print title)
CITY OF CHINO
Matth a n ne, City Manager
Dated: 3, Z(
ATTEST:
B011/ 4_, / aL_c_---)Y
Angela bles, City Clerk
Dated: U - S- ZI
01225. 0006/ 366470. 2
19 DocuSign Envelope ID: 129710CE- 296A- 419E- A2CC- 0F6B8FA146B2 INWITNESSWHEREOF, theCityandtheSubdividerhavecausedthisAgreementtobeexecutedthe day and year first above written.
APPROVED AS TO FORM: APPRO ED AS TO CONTENT:
p- nocuslgnea by:
Fva aa6A t,
cia ni
Fred Gaaari><enXifyA0ttomey Nicholas S. i ori, AICP
Director of Development Services
EVER SUN INVESTMENTS, LLC
By.,9A - o12-7/)
Signature and ate)
Name: SAan AH Chu
Please type or print name
Title: affit W
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CITY OF CHINO
Matthew Ballantyne, City Manager
Dated:
ATTEST:
By
Angela Robles, City Clerk
Dated:
01225. 0006/ 366470. 2
19 CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 Icxxx- ro cx. rsc( x),-- m . ,.. - xx:. W r rrc, p,,c. r rip, xxx--<. c: c r x., 04-- x , c( srm ;.-:, - r Anotarypublicorotherofficercompletingthiscertificateverifiesonlytheidentityoftheindividualwhosignedthe documenttowhichthiscertificateisattached,andnotthetruthfulness,accuracy,orvalidityofthatdocument.
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Description of Attached Document
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EXHIBIT " B"
PARCEL MAP NO. 20058 WORKS OF IMPROVEMENT
A. Removalof undesirable, dangerousanddeadplantmaterialsandroots.
B. Allonsiteandoffsitegradingasspecifiedontheapprovedgradingplan.
C. Relocationof all publicutilitystructuresas necessaryto properlyconstructthe required improvements.
D. Sanitarysewersconstructedasshownontheapproved, engineeredplansandin accordance with City Standards.
E. Water mains, valves, hydrants, services, meters and appurtenances to serve each lot as shownon the approvedconstructionplansand in accordancewith City Standards.
F. Undergroundinstallationof all electrical, telephone, cabletelevisionandany other energy or communication lines that abut or are within the project site.
G. A streetlightingsystem (City-owned) inaccordancewithCityStandards.
H. Disposal of all rocks and debris locatedwithin any public right-of-way within said development or on the boundary streets thereof.
I. Installation of concrete curbs, gutters, sidewalks, cross gutters, driveways and intersectionsas shown on approvedconstructionplans and in accordancewith City Standards.
J. Installationof asphalt concrete or Portland Cement Concrete street pavement on base materialas shown on approvedconstructionplansand in accordancewith City Standards.
K. Street signs at intersections per the City Standards.
L. Installation of approved landscaping ( plants and materials).
M. Setting monuments as required by the State Code.
The Subdividershall also perform all work and furnish all materials necessary, in the opinion of the Director of Development Services or his designee and on his order, to complete the improvements in accordance with the plans and specifications on file as hereinbefore specified, or any changes required or ordered by said Engineer which, in his opinion, are necessary or required to complete this work. 01225. 0006/ 366470. 2 B-
RESOLUTIONNO 2020-080
EXHIBIT C
CIT' l' OF CHIN()
ENGINEERING COST ESTIMATE
PROJECT NO: PM 20058
LOCATION: Northwest Corner of Central and Eucalyptus Avenues By: BLUE PEAK ENGINEERING
DATE: 5/ 2412021
Quantity Unit Item Unit Total Cost
Price Per Item
STREETS q
EA Tree Removal 800. 00 $
10 CY Concrete Removal 325. 00 $ 3, 250. 00
5 CY AC Pavement Removal 100. 00
w$
500. 00,
CY Imported Common Fill( Intl. Compaction) 34. 00 $
SF Preparation of Subgrade, Sidewalk and Paving 1. 00 $ LF PCC 8" Curb& 24" Gutter on 6" AS 26. 00 $
LF PCC 8" Curb& 24" Gutter on 8' AB 24. 00 $
51 LF PCC Curb Only 20. 00 $ 1, 020. 00
LF 8" A. C. Berm 20. 00 $
SF 8" PCC Cross Gutter on 6" AB 16. 00 $
3845 SF 4" PCC Sidewalk 5. 80 $ 22, 301. 00
SF 6". PCC Thick Drive Approach on 6" AB 12. 50 $
1779 SF 8" PCC Thick Drive Approach on 6" AB 15. 00 $ 26, 685. 00 LF 2" x 6" Redwood Header 7. 50 $
1 EA Street Sign and Post 475. 00 $ 475. 00
EA Traffic Sign and Post 400. 00 $
EA Reflector Sign and Post 175. 00 $
EA Painted Legend 6. 50 $
SF Prime or Tack Coat 0. 08 $
13 TON AC Variable-< 300T 130. 00 $ 1, 690. 00
TON AC Variable-> 300T 120. 00 $
9 TON CAB Variable-< 300T 100. 00 $ 900. 00
TON CAB Variable-> 300T 90. 00 $
EngCostEstimate Page 1 of 10 Effective Date: January 1, 2021 RESOLUTION NO 2020- 080
EXHIBIT C
CIT1' OF CHINO
ENGINEERING COST ESTIMATEG% w..
PROJECT NO: PM 2005E
LOCATION: Northwest Corner of Central and Eucalyptus Avenues By: BLUE PEAK ENGINEERING
DATE: 5/ 24/ 2021
Quantity Unit Item Unit Total Cost
Price Per Item
STREETS
EA Adjust Sewer Manhole to Grade 950. 00 $
EA Adjust Sewer Cleanout to Grade 500. 00 $
EA Adjust Water Valve and Can to Grade 525. 00 $
2 EA Street Light( City Owned 7, 700. 00 $ 15, 400. 00 EA Electrical Pedestal 6,500.00 $
EA Lot Monument Setting Fee 550. 00 $
267 LF Sawcut A. C. 3. 00 $ 801. 00
LF Sawcut Concrete 3. 00 $
1335 SF Cold Plane A. C. 2" Thick 0. 28 $ 373. 80 LF Signing& Striping for
Arterial 19. 00 $
Collector 13. 00 $
Local 7, 00 $
EA Traffic Signal( 8- Phase Controller) 350, 000. 00 $ EA Modify existing Traffic Signal per Quadrant 75, 000. 00 $ IF Chain Link Fence
4 foot Residential Grade( Add$ 7.00/ LF for Removal of
ExistingFenced' 25. 00 $
6 foot School fence( Add$ 9. 00/ LF for Removal of
Existing Fence) 35. 00 $
EA Utility Poles
Transmission 11, 500. 00 $
Distribution 8, 000. 00 $
Service 3, 000. 00 $
EngCostEstimate Page 2 of 10 Effective Date: January 1, 2021 RESOLUTION NO 2020- 080
EXHIBIT C
4; 01 CITY () F CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PM 20058
LOCATION: Northwest Corner of Central and Eucalyptus Avenues By: BLUE PEAK ENGINEERING
DATE: 512412021
Quantity Unit Item Unit Total Cost
Price Per Item
STREETS
Landscape( Including shrubs, Hardscape, Irrigation, Ground Cover, Lighting, Installation Labor and Connection to
21822 SF Existing Systems) 15. 00 $ ' 327, 330. 00
14foot MedianwithLandscape,Irrigation,Lighting,
LF Hardscape, Curb, Gutter& Pavement 300. 00 $
Rail Road Crossing
Safety Equipment( Complete Including Crossing Gates,
LS Signs, and Lights) 50% 000. 00 $
SF Track Crossing( Concrete) 175. 00 $
SF Approach 4. 00 $
2 EA S. W. Ramps,.( A. D. A. Compliant) 4000. 00 $ 8, 000. 00 EA Traffic Signal Loops 600. 00 $
STREETS
STREET SUBTOTAL 408, 725. 80
LS Mobilzation( 5% of Construction Cost) 5% $ 20, 436. 29 LS Traffic Control( 5% of Construction Cost) 5% $ 20 436. 29 LS Clear& Grub Site( 5% of Construction Cost) 5% $ 20, 436. 29 LS Excavation( Clean Material)( 5% of Construction Cost) 5% $ 20, 436. 29 GRANO TOTAL STREETS ONLY 490, 470. 98
EngCostEstimate Page 3 of 10 Effective Date. January 1, 2021 RESOLUTIONNO 2020-080 ,
EXHIBIT C
ti ENGINEERING COST ESTIMATE
0'
W-
PROJECT NO: PM 20058
LOCATION: NorthwestCornerof CentralandEucalyptusAvenues By: BLUE PEAK ENGINEERING
DATE: 5r24r2021
Quantity Unit Item Unit Total Cost
Price Per Item
WATER
LF Trench Support/ Shoring( 6 foot depth) 15. 00 $ CY Pipe Bedding& Compaction( Imported) 90, 00 $
6"Pipe& FittingsInstalled,includingexcavation,bedding,
LF backfill and pavement restoration 80. 00 $
8" Pipe& FittingsInstalled,includingexcavation,bedding, LF backfill and pavement restoration. 100. 00 $
12"Pipe&FittingsInstalled,includingexcavation,bedding,
LF backfill and pavement restoration 135. 00 $
18"Pipe& FittingsInstalled,includingexcavation,bedding, LF backfill and pavement restoration 175. 00 $
LF Removal, Disposal of ACP and Backfill 150. 00 $
EA 6" Gate Valve, 2, 000. 00 $
EA 8" Gate Valve 2, 600. 00, $
EA 12" Gate Valve 4, 500. 00 $
EA 18" Gate Valve 7, 500. 00 $
1 EA Fire Hydrant Assembly per CityStd. 7, 500. 00 $ 7, 500. 00 EA Blow- off Assembly 4" per City Std. 8, 600. 00 $
1 EA 2" Air Relief Assembly 4, 500. 00 $ 4, 500. 00 EA 1" Water Service/ Meier 3, 500. 00 $
4' EA 2" Water Service/ Meter 4, 500. 00 $ 18, 000. 00 WATER
WATER SUBTOTAL 30, 000. 00
LS Mobilzation( 5% of Construction Cost) 5% $ 1, 500. 00 LS Traffic Control( 5% of Construction Cost) 5% $ 1, 500. 00 GRAND TOTAL WATER ONLY 33, 000. 00
EngCosiEstimate Page 4 of 10 Effective Date: January 1, 2021 RESOLUTION NO 2020-080
EXHIBIT C
c"` ,„ CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PM 20058
LOCATION: Northwest Corner of Central and Eucalyptus Avenues By: BLUE PEAK ENGINEERING
DATE: 5/ 24120 21
Quantity Unit Item Unit Total Cost.
Price Per Item
RECYCLED WATER 4
LF Trench Support/ Shoring( 6 foot depth) 15. 00 $ CY Pipe Bedding( Imported) 90, 00 $
6" Pipe& FittingsInstalled,includingexcavation,bedding, IF backfill and pavement restoration 80, 00 $
8" Pipe& FittingsInstalled,includingexcavation,bedding, LF backfill and pavement restoration. 100. 00 $
12" Pipe& FittingsInstalled,includingexcavation,bedding, LF backfill and pavement restoration 135. 00` $
18" Pipe& FittingsInstalled,includingexcavation,bedding, LF backfill and pavement restoration 175. 00 $
EA 6" Gate Valve 2, 000. 00 $
EA 8" Gate Valve 2, 600. 00 $
EA . 12" Gate Valve 4, 500. 00 $
EA 18" Gate Valve 7, 500. 00 $
EA Fire Hydrant Assembly per CityStd. 7, 500. 00, $
EA Blow- off Assembly 5" per City Std. 8, 600. 00 $
EA 2" Air Relief Assembly 4, 500. 00 $
EA 1" Water Service/ Meter 3, 500. 00 $
1 EA 2" Water Service/ Meter 4, 500. 00 $ 4, 500. 00
RECYCLED WATER '
RECYCLED WATER SUBTOTAL 4, 500. 00
LS Mobilzation( 5% of Construction Cost) 5% $ 225. 00 LS Traffic Control( 5% of Construction Cost) 5% $ 225. 00 GRAND TOTAL RECYCLED WATER ONLY 4, 950. 00
EngCostEstimate Page 5 of 10 Effective Date: January 1, 2021 RESOLUTIONNO 2020-080
EXHIBIT C
fi CITY OF CHI1NO
ENGINEERING COST ESTIMATE
PROJECT NO: PM 20058
LOCATION: Northwest Corner of Central and Eucalyptus Avenues By: BLUE PEAK ENGINEERING
DATE: 5/ 24/ 2021
Quantity Unit Item Unit Total Cost
Price Per Item
SEWER
IF Trench Support/ Shoring 15.00 $
4" V.C.PInstalled,includingexcavation,bedding,backfill
70 LF and pavement restoration 75. 00 $ 5, 250, 00
8" V.C.P Installed,includingexcavation,bedding,backfill LF and pavement restoration 93, 00 $
10"V.C.P.Installed,includingexcavation,bedding,backfill LF and pavement restoration 103. 00 $
12"V.C.P. Installed,includingexcavation,bedding,backfill LF and pavement restoration 123.00 $
15"V.C.P.Installed,includingexcavation,bedding,backfill LF and pavement restoration 143. 00 $
18"V.C.P.installed,includingexcavation,bedding,backfill LF and pavement restoration 163. 00 $
21" V.C.P. Installed, including excavation, bedding, backfill LF and pavement restoration 193. 00 $
24"V.C.P.Installed,includingexcavation,bedding,backfill LF and pavement restoration 208. 00, $
EA Sewer Saddle 450. 00 $
2 EA Wyes 4" x 8" Typical 225. 00 $ 450. 00
3 EA 48" Sewer Manhole 4, 700. 00 $ 14, 100. 00
EA 60" Sewer Manhole 7, 500. 00 $
EA Sewer Cleanout 1, 800. 00 $
SEWER
SEWER SUBTOTAL 19, 800. 00
LS Mobilization( 5% of Construction Cost) 5% $ 990. 00 LS Traffic Control( 5% of Construction Cost) 5% $ 990. 00 GRAND TOTAL SEWER ONLY 21, 780. 00
EngCostEstimate Page 6 of 10 Effective Date: January 1, 2021 RESOLUTION NO 2020-080
EXHIBIT C
CITY OF CHINO
i
ENGINEERING COST ESTIMATEy= ++ y
PROJECT NO: PM 20058
LOCATION: Northwest Corner of Central and Eucalyptus Avenues By: BLUE PEAK ENGINEERING
DATE: 5/ 24/ 2021
Quantity Unit Item Unit Total Cost
Price Per Item
STORM DRAIN
LF 24" X 36" C. M. P. A.( 10 Gauge) 230. 00 $
LF 27" x 43" C. M. P. A( 10 Gauge) 250. 00 $
EA Storm Drain Manhole# 1 10, 000. 00 $
EA Junction Structure# 2 ( 24" or larger) 8, 850 00, $ EA Junction Structure# 4 ( 24" or smaller) 4000. 00 $ EA Outlet Structure 7, 000. 00 $
EA Catch Basin 3. 5' Width 7, 200. 00 $
EA , Catch Basin r Width/ LD. 7, 900. 00 $
EA Catch Basin 10' Width/ L. D. 9, 950. 00 $
EA Catch Basin 14' Width/ L. D. 11, 000. 00 $
EA Catch Basin 21' Width/ L. D. 13, 000. 00, $
18 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration 200. 00 $
24 inchRCPInstalled includingexcavation,bedding,
LF backfill and pavement restoration 240. 00 $
27 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration 260. 00 $
30 inchRCPInstalled,includingexcavation,bedding,
LF backfill and pavement restoration 280. 00 $
33 inchRCPInstalled,includingexcavation,bedding,
LF backfill and pavement restoration 295. 00 $
36Inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration 310. 00 $
39inchRCPInstalled,includingexcavation,bedding,
LF backfill and pavement restoration 320. 00 $
42 inchRCPInstalled,Includingexcavation,bedding,
LF backfill and pavement restoration 330. 00 $
45 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration 360. 00 $
48 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration 385. 00 $
54 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration 440. 00 $
60 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration 500. 00 $
EngCostEstimate Page 7 of 10 Effective Date January 1, 2021 RESOLUTION NO 2020- 080 ,
EXHIBIT C
CITY OF CHINO
lc4 ENGINEERING COST ESTIMATE
PROJECT NO: PM 20058
LOCATION: Northwest Corner of Central and Eucalyptus Avenues By: BLUE PEAK ENGINEERING
DATE: 512 412 0 21
Quantity Unit Item Unit Total Coat
Price Per Item
STORM DRAIN
66 inch RCP Installed, including excavation, bedding,
t
LF backfill and pavement restoration 560. 00 $
72 inchRCPInstalled,includingexcavation,bedding,
LF backfill and pavement restoration 625, 00 $
78 inchRCPInstalled,includingexcavation,bedding,
LF backfill and pavement restoration 690. 00 $
84 inchRCPInstalled,includingexcavation,bedding,
IF backfill and pavement restoration 765. 00, $
90 inchRCPInstalled,includingexcavation;bedding,
LF backfill and pavement restoration 830,00 $
96 inchRCPInstalled,includingexcavation,bedding,
LF backfill and pavement restoration 920. 00 $
102inchRCPInstalled,includingexcavation,bedding,
LF backfill and pavement restoration 1, 000. 00, $
108inchRCPInstalled,Includingexcavation,bedding,
IF backfill and pavement restoration 1, 075. 00 $
7' x 6' RCB Installed, including excavation, bedding, backfill LF and pavement restoration 700. 00 $
7"x 8.5' RCBInstalled,includingexcavation,bedding,
LF backfill and pavement restoration 820. 00 $
7' x9.5' RCBInstalled,includingexcavation,bedding,
LF backfill and pavement restoration 870. 00 $
8' x 11'RCBInstalled,includingexcavation,bedding,backfill LF and pavement restoration 1, 000. 00 $
8'x13'RCBInstalled',includingexcavation,bedding,backfill IF and pavement restoration 1, 100. 00 $
9' x 9' RCB Installed, Including excavation, bedding, backfill LF and pavement restoration 1, 000. 00 $
9' x 12' RCB Installed, including excavation, bedding, backfill LF and pavement restoration 1, 100. 00 $
4' x 6' RCBInstalled,includingexcavation,bedding,backfill IF and pavement restoration 680. 00 $
STORM DRAIN
STORM DRAIN SUBTOTAL
LS Mobilization( 5% of Construction Cost) 5% $
LS Traffic Control( 5% of Construction Cost) 5% $
GRAND TOTAL STORM DRAIN ONLY
EngCostEshmate Page 8 of 10 Effective Dale: January 1, 2021 RESOLUTION NO 2020-080
EXHIBIT C
CITY OF CHINOfir '
ENGINEERING COST ESTIMATE
PROJECT NO: PM 20058
LOCATION: Northwest Comer of Central and Eucalyptus Avenues By: BLUE PEAK ENGINEERING
DATE: 512 412 0 2 1
Quantity Unit Item Unit Total Cost
Price Per Item
1 DIRECT COSTS GRAND TOTAL STREETS ONLY 4 '$ 6
GRAND TOTAL WATER ONLY 83, 000. 00
GRAND TOTAL RECYCLED WATER ONLY
x$
4. 960. 00
GRAND TOTAL SEWER ONLY£,;__ e` 21, 790. 00
GRAND TOTAL STORM: RAIN ONLY
GRANDTOTAL(FORPLANCHECK&IN&PECTIONFEE
DETERMINATIONS 550, 200. 96
PROJECT ADDITIVES Prefect C
P= •.
Gfea 10% $ 55,020.10
Construction S
44 ,
as
3% $ 16,5Q6.03
Testing 1% $ 5Q2. 01
struction Inspec . 4. 8% $ 26, 409 66'
Contract Admini zc( Ion 1% $ ., , 5, 62.
76.r,. GRAND TOTAL( FOR D AMOUNTS) ti61, S43: 76
EngCostEstimate Page 9 of 10 Effective Date: January 1, 2021 RESOLUTIONNO 2020-080
EXHIBIT C
CITY () F CIIIN()
ENGINEERING COST ESTIMATEiJ
PROJECT NO: PM 20058
LOCATION: NorthwestCornerof Centraland EucalyptusAvenues By: BLUE PEAK ENGINEERING
DATE: 5/ 24/ 2021
Quantity Unit Item Unit Total Cost
Price Per Item
BY ENGINEER
Prepared By:
R. C. E. Number
Expiration:
ESS/•
I.SsçL LDe,
No, CO60482
Exp.# 6- 30- 22 *
I
ar2
1 40,402
Place R.C.E. Stem) and Signature Here( required)
BY CITY
Faithful Performance Bond( 100% of Construction Cost) 664, 600. 00 Labor& Material Bond( 50% of Construction Cost) 332, 300. 00 Warranty Bond( 10% of Construction Cost) 66, 500. 00
EV"
CITYOFCHINOI NGINEERING
BYe6,271YDATE
EngCostEstimate Page 10 of 10 Effective Date January 1, 2021
NL CM DSH X
MB IA X MK
GP
E- Mail Sent: 10/ 20/ 20
To: R. Murphy
DEVELOPMENT ENGINEERING DIVISION CONDITIONS OF APPROVAL PL 18- 0112 ( PARCEL MAP NO. 20058) & 18- 0113 ( SITE APPROVAL) DATE: October 10, 2019 October 20, 2020 PC MEETING DATE: Dev. Mod. October 20, 2020 PROJECT DESCRIPTION: Two Concrete Tilt- up Warehouse/ Office Buildings PROJECT LOCATION: 14468 Central Ave, NWC Central Ave at Eucalyptus Ave APPLICANT: Ignacio Crespo, OC Engineering PROJECT ENGINEER: D. Hammer/ I. Abreo
PRIOR TO THE THREE MAJOR DEVELOPMENT EVENTS, THE APPLICANT SHALL SATISFY AND FULFILL ALL CONDITIONS OUTLINED BELOW. FAILURE TO COMPLY WITH ANY CONDITIONS OF
APPROVAL SHALL BE DEEMED JUST CAUSE FOR REVOCATION OF PROJECT APPROVAL BY THE PLANNING COMMISSION. HOWEVER, THE DIRECTOR OF DEVELOPMENT SERVICES SHALL HAVE
THE AUTHORITY TO APPROVE MINOR DEVIATIONS IN THE CONDITIONS OF APPROVAL, AND ALL PLANS INCLUDING THE CONSTRUCTION DRAWINGS.
BOLD TEXT INDICATES REVISED CONDITIONS FOR TIME EXTENSION # 1.
1. 0 PRIOR TO MAP RECORDATION:
1.1 Provide a preliminary Title Report no older than 60 days.
1.2 Submit a preliminary soils report to the project engineer for review and approval in accordance with Government Code, Section 66434. 5.
1.3a Make the following dedications:
Street Name Distance Direction From C/ L
Central Ave 55 feet West
1.3b Dedicate to the City a corner cutoff dedication at the northwest corner of Central Ave. and Eucalyptus Ave. per City Municipal Code, Section 66434.5.
1.3c Prepareand recordnecessarydrainageeasementsto implementthe projectin accordance with drainage law including replacement of the existing private drainage easement from the property on the north side of this site.
1.4 Provideandrecorda reciprocaluseagreementto assurecommoningressandegressandjoint maintenance of all common access, parking areas and drives.
1.5 Provide a set of proposed Covenants, Conditions and Restrictions ( CC& R) for review and approval. The proposed CC& Rs shall contain the Association' s/Owner' s maintenance obligations with respect to various facilities including, but not limited to, right- of- way landscaping, private streets, sidewalks, utilities, street lights, and Water Quality Management Plan (WQMP) features. This documentmust be submittedto and approvedby the City before it is submitted to any other governmental entity.
PL 18- 0112 ( PM NO. 20058) & 2 October 10, 2019 Dev Mod October 20, 2020 PL 18- 0113 ( SITE APPROVAL)
1.6 Executea SubdivisionAgreementandsubmitsecurityin an amountacceptableto theCity Engineerto guaranteeconstructionof thepublicimprovementslistedin 2.8. All securitymust beaccessibleto the Cityat anytimeandina formacceptableto theAssistantCityManager, pursuant to Government Code, Section 66499.
1.7 Providea MonumentationBondinanamountspecifiedinwritingbya RegisteredEngineeror Licensed Land Surveyor of Record.
1.8 Completeandfilethepetitionforannexationofyourprojectpropertyto theCity's Landscape and Street Lighting Maintenance District MD 2002- 1.
1.9 Comply with all applicable requirements of the City Code.
1.10 Payall applicablefees pursuantto City Codeincluding, but not limitedto, plan checkfees.
2. 0 PRIOR TO ISSUANCE OF BUILDING PERMITS FOR ANY LOT WITHIN THE SUBDIVISION/ PRIOR TO THE ISSUANCE OF THE CONSTRUCTION PERMITS::
2.1 RecordParcelMapNo. 20058pursuanttotheSubdivisionMapActandinaccordancewithCity Code. Providea duplicatephotomylarof the recordedmapto the City Engineer's office.
2.2 All required plans and studies shall be preparedby a RegisteredProfessionalEngineer and submitted to the project engineer for review and approval. All project plans must be approved by the City Engineer' s office before a Building Permit will be issued. All maps, studies, calculation sheets, reports, etc. must be on and/ or folded in an 11- inch x 8 1/ 2- inch standard format.
2.3 Prepareand submita drainagestudy, includingsupportinghydraulicand hydrologicaldata to the project engineer for approval. The study shall confirm or recommend changes to the City's adopted Master Drainage Plan by identifying off-site and on-site storm water runoff impacts resulting from build-out of permitted General Plan land uses. In addition, the study shall identify the project's contribution and shall provide locations and sizes of catchments and system connection points and all downstream drainage- mitigating measures.
2.4 Prepareand submit a final grading plan showingbuildingfootprints, pad elevations, finished grades, drainage routes, retaining walls, erosion control, slope easements and other pertinent information in accordance with Appendix J of the California Building Code, latest edition.
2.5 Providea certificate, from a RegisteredCivil Engineer, certifyingthat the rough graded pad has been completed in accordance with the City approved grading plan.
2.6 Design and install a monitoring manhole ( per City Standard No. 530) on each domestic sewer lateral connection from any industrial building into the City's main sewer or into a private sewer main that is tributary to the City's main sewer. In addition, design and install a sampling Wye on a stubbed- out sewer lateral connection into the main sewer for each industrial building in this development.
PL 18- 0112 ( PM NO. 20058) & 3 October 10, 2019 Dev Mod October 20, 2020 PL 18- 0113 ( SITE APPROVAL)
2.7 DesignperCityStandardsfullpublicimprovementsforallimpactedandinteriorstreets/facilities inaccordancewithCityCode, StandardsandSpecifications. Suchpublicimprovementsmay include, but not be limited to the following: ( Pleasecoordinateand verify all requirementswith the project engineer.)
Central Eucalyptus
Ave. Ave.
Curb & Gutter( Offset from Centerline)
Sidewalk( Width) 5 feet(
1)
5 feet(')
Asphalt Concrete Pavement on Aggregate
Base
Width from Centerline)
Asphalt Concrete Overlay
Street Lights X X
Median Island and Landscaping
Parkway Landscaping X X
Striping and Traffic Controls X(
2)
X
Traffic Signal Interconnect X
Conduit System for CATV
Sewer
Storm Drain X
Domestic Water X( 3)
X( 3)
Recycled Water X( 3) X( 3)
1)Sidewalk shall be constructed right-of-way adjacent to facilitate meeting accessibility requirements. The curb ramp at Central Ave. and Eucalyptus Ave. shall be reconstructed and may require curb return reconstruction, traffic signal pole replacement and the relocation of the street light that has the pedestrian pushbutton for the cross- walk. Sidewalks shall provide a minimum of 60 inches of width that is compliant with accessibility requirements. Rounded edges of concrete walks are not part of the accessible path. 2)Trafficcontrolmayinclude, but not limitedto, replacementof the traffic signal poles, pullboxes and loop detectors. Limits of striping plans shall be determined by the City. 3) Recycled water shall be used for irrigation if available. The irrigation system shall be" recycled water ready". Coordinate location of meters with Engineering.
2.8 Obtaindesignand planapprovalfromappropriateutilitycompaniesfor undergroundingall utility lines adjoining and interior to the project, including power lines of 34.5 kV or less, in accordance with City Code, Chapter 13. 32.
PL 18- 0112 ( PM NO. 20058) & 4 October 10, 2019 Dev Mod October 20, 2020 PL 18- 0113 ( SITE APPROVAL)
2.9 Pay all applicablefees pursuantto City Code including, but not limited to, the Development Impact Fees( DIF) and Sewage Facilities Development Fee ( SFDF). The actual amount of fees due to the City will be based on the fee schedule in place on the date that the fees are due, or the date that they are paid, whichever occurs last. The fee amount stated in this notice is subject to change based on ( 1) annual adjustments for inflation, pursuant to Chino Municipal Code Section 3.40. 100 or 3.45. 100, ( 2) revisions to the Chino Municipal Code, and ( 3) updates to the fee studies and nexus reports adopted by the City.
Developeris solely responsiblefor remaininginformedabout changes in the fee amounts. City shall have no obligation to inform Developer of changes in the fee amounts unless Developer requests notice of such changes, pursuant to Government Code Section 66019( b) and Chino Municipal Code Section 3. 40. 080( B) or 3. 45. 080( B).
2.10 All projects developing one ( 1) acre or more of total land area, or which are part of a larger phased development that will disturb one acre of land, are required to obtain coverage under the State Water Resources Control Board' s ( SWRCB) General Permit for storm water discharges associated with construction activity. Proof of filing a Notice of Intent ( NOI) with the SWRCB for coverage under this permit is required. A copy of the Waste Discharger' s Identification Number( WDID), issued by the SWRCB, must be submitted to the Project Engineer prior to issuance of grading permits. More detailed information regarding this General Permit, applicable fee information and the necessary forms to complete the NOI are available by calling ( 916) 341-5537 or on the SWRCB web site at:
http://www. swrcb.ca.gov/water_ issues/programs/stormwater/ constpermits. shtml.
2.11 Pursuant to Santa Ana Regional Water Quality Control Board Order Number R8-2010- 0036, NPDES Permit No. CAS618036, prepare a project-specific Water Quality Management Plan WQMP) and submit to the project engineer for review and approval. To address NPDES Permit requirements to the maximum extent practicable, the project shall be designed to specify preferential use of Low Impact Development Best Management Practices that reduce pollutants and runoff volume through structural measures ( e. g. infiltration, harvesting, and bio-treatment) and non-structural measures ( e.g. preserving natural areas, clustering development, and reducing impervious areas). The WQMP shall conform to the requirements of the San Bernardino County Stormwater Program, 2013 WQMP Technical Guidance Document.
2.12 Any future maintenance and repair of fire service and sewer laterals to the project site shall be the sole responsibility of the applicant/ property owner in accordance with City Code, Chapter
13. 04. 175 and 13. 12. 150.
2.13 Convey ownership of all existing onsite water wells to the City and convert to monitoring wells as directed by the City's Water Utilities Supervisor. Prepare and record any necessary easements to provide the City with access to the monitoring wells. Any existing water wells that cannot be feasibly converted to monitoring wells shall be destroyed per City Standard No. 465.
2.14 City staff shall determine the type of water ( potable or recycled) to be used for grading operations, dust control activities, and common area/ public landscape irrigation at the time of permit issuance.
2.15 All public street corners shall have a minimum curb radius per City Code, Chapter 19.06 and City Standards and Specifications.
2.16 Provideadequatesight distanceper City StandardNo. 865 for each projectdrivewayand at all intersections. Landscaping type and height shall be maintained to ensure sight distance requirements are perpetuated.
PL 18- 0112 ( PM NO. 20058) & 5 October 10, 2019 Dev Mod October 20, 2020 PL 18- 0113 ( SITE APPROVAL)
2.17 SubmittotheCityelectronicfiles, inAdobeAcrobatPDFformat,ofallsubmittals, includingreports, studies, improvement plans, and City redlines of previous submittals.
2.18 The developeris responsibleto contractwith the City's designatedtraffic signal maintenance company for ongoing maintenance of traffic signals listed in Sections 2.8 until such time the improvements are accepted by the City.
2. 19 Other Conditions:
a. Providean easement for the propertyownerto the north of this project to use the existing pavement and drive approach that fronts or is on your property along Central b. Provide a 5-foot sidewalk at the existing drive approach in I- 2.21a above. The sidewalk shall continue northerly along the frontage of APN 1021-361-14 and tie into the existing sidewalk at the Central Ave & College Park Pkwy intersection.
Construction of these improvements is subject to reimbursement as determined by the City. ( Modified 10/20/2020 by the Director of Development Services) c. Provide new drainage easement to property owner north of your site and vacate old easement.
d. The new drive approach on Central Ave. shall have the pork chop adjusted to move it backfrom the curb face alignment7 feet. The north and south edges of the pork chop area between the Central Ave. curb face alignment and the pork chop shall be shown by yellow paint. The driveway shall not be used by trucks to access this project. Signs shall be posted on Central Ave. accordingly.
e. Developer/ owner and/or tenant is responsible for all landscape maintenance, including in Public Right-of-Way, along project frontage.
f. Per the City's General Plan, Central Ave. is intended to have a total curb to curb distance of 90 feet ( 45 feet from centerline) with 3 lanes in each direction. This would require the need for widening Central Ave. along project frontage, which currently does not meet the distance of 45' from centerline. Public improvement in- lieu fees will need to be paid for the ultimate widening of Central Ave. which may include, but is not limited
3. 0 PRIOR TO REQUEST AND RELEASE OF ANY OCCUPANCY PERMITS:
3. 1 Construct and secure Development Services Department approval of all required improvements and public facilities enumerated under Section 2.0 above ( per Resolution No. 88-23).
3.2 Underground all utility lines adjoining and interior to the project, including power lines of 34.5kV or less in accordance with City Code, Chapter 13. 32.
3.3 Distribute for signature of all buyers the information and disclosure notice announcing that the development will be annexed to the City's Landscape and Street Lighting Maintenance Assessment District before transfer of property title and completion and acceptance of all public improvements.
3.4 The applicant' s Civil Engineer shall field verify that all BMPs are designed, constructed, and functional in accordance with the approved WQMP. BMPs shall also be inspected by Public Works Environmental staff. Coordinate inspection with staff and submit a completed City of Chino BMP field verification form for review and approval.
3.5 Slurryseal alongall streets impactedby the developmentas directedby City staff. Installsigning and striping per approved plans.
PL 18- 0112 ( PM NO. 20058) & 6 October 10, 2019 Dev Mod October 20, 2020 PL 18- 0113 ( SITE APPROVAL)
3.6 Submitto the City, electronicfiles of Tract/ParcelMapand "as-built" improvementplansin AUTOCAD format and Adobe Acrobat PDF format. AUTOCAD and GIS shape files shall be submitted as an archived zip file of the improvement drawings with all base files attached.
DH/ IA
Attachment
CITY OF CHINO DEVELOPMENT SERVICES DEPARTMENT DEVELOPMENT
ENGINEERING DIVISION
ITEMS REQUIRED FOR FIRST PLAN CHECK SUBMITTAL
PARCEL MAP NO. 20058
PROJECT ENGINEER: D. Hammer/ I. Abreo
DATE: October 20, 2020
A COPY OF THIS CHECK LIST MUST BE SUBMITTED WITH THE FIRST PLAN CHECK 1 Copy of Development Engineering Division Conditions of Approval 2 Sets of Maps ( Subdivision Only)
2 Copies of preliminary Title Report( no older than six months) with support documents 2 Copies of Closure Calculations ( Subdivision Only)
1 Set of Referenced Maps ( Subdivision Only)
2 Copies of Preliminary Soils Report ( no older than sixty days) 2 Copies of lot line adjustment certificate
2 Copies of lot merger
El 2 Copies of right-of-way dedication
4 Sets of Rough Grading Plans
5 Sets of Precise Grading Plans with onsite drainage improvements 4 Sets of Storm Drain Plans
2 opies of Hydrology and Hydraulic Calculations with Backup Data Signed and Sealed by a Registered Civil Engineer)
2 Copies of Engineering Cost Estimate ( On City Forms) with Engineer' s Wet Signature and Stamp, one for public improvements to be constructed and one for in lieu fees 3 Sets of Street Improvements Plans
3 Copies of Cross- Sections ( if street plans are required) at 50' intervals and extended a minimum of 100' beyond limits of improvements
2 Sets of Sewer Plans
El 3 Sets of Domestic Water Plans ( revise as- built plans for new services) 2 Sets of Recycled Water Plans ( revise as- built plans for new laterals) 2 Sets of Street Light Plans
2 Copies of Voltage Drop Calculations ( Signed and Sealed by a Registered Engineer) 2 Sets of Signing and Striping Plans
1 Sets of Traffic Signal Interconnect Plans
2 Sets of Traffic Signal Plans
2 Water Quality Management Plan
Rev. 10/ 20/ 2020
ADA ACCESSIBILTY
CONDITIONS OF APPROVAL
DATE: October 21, 2020
PROJECT FILE NO.: PL18-0112 (Tentative Parcel Map) and PL18-0113 (Site Approval) Time Extension No. 1)
LOCATION: Northwest corner of Central Avenue and Eucalyptus Avenue APN: 1021- 361- 13)
APPLICANT: CEG Construction
1. 0 GENERAL:
1. 1 All improvements shall comply with applicable federal, state, and local accessibility regulations, standards and guidelines.
a. The approval of plans and specifications does not permit the violation of any section of federal law, state law, or local ordinance.
b. Where accessibility standards are contradictory, the provision that provides the most accessible condition shall apply.
c. Where the project's conditions of approval conflict with accessibility standards, the prevailing provision shall be determined by City staff.
1. 2 Accessibility of existing and proposed building improvements will be evaluated by the City's Building Staff. Those conditions of approval are in addition to those provided herein.
1. 3 Conventional industry construction and manufacturing tolerances do not apply to dimensions where the requirement is stated as a range with specific maximum and minimum end points. The range provides the adequate tolerance and no tolerance outside of the range at either point is permitted. To comply, structures shall be designed to a value below the maximum or above the minimum. ( 11 B- 104. 1)
2. 0 COMMENTS:
2. 1 Pedestrian facilities shall be constructed according to the site plan for this project, as approved during the DRC process. Where compliance with accessibility regulations is in conflict with the site plan, the accessibility regulations in effect at the time of construction shall prevail.
2. 2 Provide newly constructed sidewalk with a minimum clear width of five feet on the frontage of the project. The sidewalk shall connect to the existing sidewalk of adjacent properties.
2. 3 Provide a directional ramp at the corner of Central Avenue and Eucalyptus Avenue to facilitate pedestrian crossing from north to south across Eucalyptus. There is no pedestrian crossing required across Central Avenue on the north side of the intersection.
ADA ACCESSIBILTY CONDITIONS OF APPROVAL
FILE NO.: PL18- 0112 and PL 18- 0113 ( TE- 01) DATE:
2. 4 Existing pedestrian facilities on the frontage of the development and existing structures open to the public within the development shall be evaluated for accessibility. The street frontage includes all adjacent pedestrian facilities, including crosswalks, created by, prolongated from, or connected to any required sidewalks improvements. This includes, but is not limited to, park facilities, sidewalks, curb ramps, connecting crosswalks ( marked and unmarked), and their associated pedestrian facilities ( pedestrian push buttons, etc.). a. Improvements that are non-compliant with the accessibility standards in effect at the time of construction or alteration, shall be brought up to current accessibility standards. This work shall be incorporated into the scope of this project and shall be completed prior to acceptance by the City. b. Improvements that are compliant with the accessibility standards in effect at the time of construction, shall be documented on a separate construction plan with detailed specifications( running and cross slopes of all pedestrian walking surfaces, locations and dimensions and slopes of maneuvering spaces and landings, width of sidewalk, width and vertical clearance from obstructions).
The accessibility of existing improvements will be verified by City inspection staff upon completion of the project. Discrepancies between documented existing conditions and existing conditions as measured by City staff shall be remedied and brought up to accessibility standards as part of the project.
EXHIBIT " C"
PARCEL TRACT NO. 20058
EVER SUN INVESTMENTS, LLC
ENVIRONMENTAL WARRANTY
As a condition precedent to acceptance of the dedications and public improvements to be conveyed by the above- named Subdivider to the City of Chino for the above-referenced Subdivision, Subdivider hereby warrants to the City of Chino that:
1. Neither the property to be dedicated nor Subdivider are in violation of any environmental law, and neither the property to be dedicated nor the Subdivider are subject to any existing, pending or threatened investigation by any federal, state or local governmental authority under or in connection with the environmental laws relating to the property to be dedicated.
2. Neither Subdivider nor any other person with Subdivider' s permission to be upon the property to be dedicated has used, generated, manufactured, produced, or released, on, under, or about the property to be dedicated, any Hazardous Substance except in compliance with all applicable environmental laws. For the purposes of this warranty, the term " Hazardous Substances" shall mean any substance or material which is capable of posing a risk of injury to health, safety or property, including all those materials and substances designated as hazardous or toxic by any federal, state or local law, ordinance, rule, regulation or policy, including but not limited to, all of those materials and substances defined as " Toxic Materials" in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30, as the same shall be amended from time to time, or any other materials requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies.
3. Subdivider has not caused or permitted the release of, and has no knowledge of the release or presence of, any Hazardous Substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the property to be dedicated.
4. Subdivider' s prior and present use of the property to be dedicated has not resulted in the release of any Hazardous Substance on the property to be dedicated.
5. All persons executing this warranty hereby represent and warrant to the City of Chino, and Subdivider hereby represents and warrants, that the signators hereto have the legal power, right and authority to execute this warranty on behalf of the Subdivider and that the signators hereto have sufficient knowledge or expertise, either personally, through reasonable inspection and investigation of the property, or through reasonable reliance upon the investigation and professional opinion of Subdivider' s environmental experts, to make the representations herein, and that no consent of any other party is 01225. 0006/ 366470. 2 C- 1
required to execute this warranty and make the representations herein on behalf of the Subdivider to the City of Chino.
Each of the undersigned persons declares under penalty of perjury that the foregoing is true and correct.
Dated: 1'O -27. 21
EVER SUN INVESTMENTS, LLC
By: CZ.
Proof of authorization for Subdivider' s signatures is required to be submitted concurrently with this environmental warranty.
01225. 0006/ 366470. 2 C- 2
Bond No.: 100612634
Contract No.:
Approved:
Executed in Triplicate**
FAITHFUL PERFORMANCE BOND
Parcel Map No. 20058
WHEREAS, the City Council of the City of Chino, State of California, hereinafter designated as" CITY" and Ever Sun Investments, LLC hereinafter designated as
PRINCIPAL," have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated October 5, 2021 and identified as Project No. Parcel Map No. 20058 is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement.
NOW, THEREFORE, we, the Principal and American Contractors Indemnity Company as surety, are held and firmly bound unto the City of Chino in the penal sum of Six Hundred Sixty- Four Thousand Six Hundred Dollars ($ 664, 600. 00 lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above- bound Principal, his or its heirs, executors, administrators, successors, orassigns, shallinallthingsstandto andabideby, andwellandtrulykeepandperform the covenants, conditions, and provisions in said agreement and any alteration thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be includedcostsand reasonableexpensesand fees includingreasonableattorneys' fees, incurredby City in successfullyenforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the agreement or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named, on October 26th, 2021
Ever Sun Investments, LLC American Contractors Indemnity Company
PRINCIPAL SURETY
By: ,/ L 4/ 1/ 4-
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Andrew Mirafl Attorney- in-Fact
SIGNATURES MUST BE NOTARIZED
Rev. 04/ 2019) Page 1 of 1
CALIFORNIA ALL-, PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notarypublicorotherofficercompletingthiscertificateverifiesonlytheidentity of the individualwho signedthe documentto whichthis certificateis attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of • SAN BERNARDINO
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On tT 0 1, 4 . before me, _ JEANNE CONLEY- NOTARY PUBLIC personally appeared S Ve- Ar‘ ` t _ C
who prov d to me on the basis of satisfactory evidence t e the person( t( whose name(` s1l re subscribed to the within instrument and acknowledged to me that he/ / they executed the same in his/ Ci eir authorized capacity( i d), andthatby his their signature((
onthe instrumenttheperson(0, ortheentityuponbehalfof
which the person( tr% cted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
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CITY CLAIMED BY THE SIGNER Indicatethecorrectsingularor plural formsby crossingoff incorrectforms(i.e. he/sheAheyris/are)orcirclingthecorrectforms.FailuretocorrectlyindicatethisIndividual( s) informationmayleadtorejectionof documentrecording.Corporate Officer The notary seal impressionmust be clear and photographicallyreproducible.
Impression must not cover text or lines. If seal impression smudges, re-seal if a Title) sufficient areapermits, otherwise complete a different acknowledgment form.
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ACKNOWLEDGMENT
A notary publicor other officer completingthis
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of LOS ANGELES
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who proved to me on the basis of satisfactory evidence to be the person(&) whose name(&) is/ are subscribedto thewithininstrumentandacknowledgedto methathe/she/theyexecutedthesamein his/ fienItheir authorized capacity( tes), and that by his/ her/ e+ r signature(&) on the instrument the person(&), or the entity upon behalf of which the person(,&-) acted, executed the instrument.
I certifyunderPENALTYOF PERJURYunderthelawsoftheStateof Californiathattheforegoing paragraph is true and correct.
WITNESS my hand and official seal. c "-
1 P. KANEGAWA PEREZ
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Commission= 2303241
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TOKIOMARINE
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POWER OF ATTORNEY
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumednameof AmericanContractorsIndemnityCompany, UnitedStatesSuretyCompany, a Marylandcorporation and U. S. Specialty Insurance Company, a Texas corporation ( collectively, the" Companies"), do by these presents make, constitute and appoint:
Andrew Miraflor of Los Angeles, California
its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed One Million****** Dollars 1, 000, 000. 00*** ). This Powerof Attorney shall expirewithoutfurtheractionon April 23rd,2022. This Power of Attorney is granted under and by authorityof the following resolutionsadopted by the Boardsof Directorsof the Companies:
Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authorityto appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions:
Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company,to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents cancelingor terminatingthe Company's liability thereunder,and anysuch instrumentsso executedby any such Attorney-in-Fact shall be binding upon the Companyas if signed by the President and sealed and effected by the CorporateSecretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificaterelating thereto by facsimile, and any power of attorney or certificate bearingfacsimile signature or facsimile seal shall be valid and binding upon the Companywith respectto any bond or undertakingto which it is attached.
IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1stday of June, 2018.
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STAMS SURETy,,,,GpMPANY , LLS.SPECIAL,( AN URANCE COMPANY O+
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4Lro5I1' E} Daniel P. Aguilar, Vice President
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document On this 1stday of June, 2018, before me, Sonia O. Carrejo, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Companywho provedto me on the basis of satisfactoryevidenceto be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person,or the entity upon behalf of whichthe person acted, executedthe instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
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I, Kio Lo, Assistant Secretary . American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies,which is still in full force and effect; furthermore, the resolutionsof the Boards of Directors, set out in the Power of Attorney are in full force and effect.
In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 26th day of October 2021
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Bond No.: 100612634
Contract No.:
Executed in Triplicate**
Approved:
LABOR AND MATERIAL BOND
Parcel Map No. 20058
WHEREAS, the City Council of the City of Chino, State of California, hereinafter designated as" CITY" and Ever Sun Investments, LLC hereinafter designated as
PRINCIPAL," have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated October 5, 2021 and identified as Project No. Parcel Map No. 20058 , is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, Principal is required, before entering upon the performance of the work, to file a good and sufficient payment bondwith the City of Chinoto secure the claims to which reference is madein Title 15(commencingwith Section3082) of Part4 of Division 3 of the Civil Code of the State of California.
NOW, THEREFORE, said Principal and the undersigned, as corporate surety, are held and firmly bound unto the City of Chino, and all contractors, subcontractors, laborers, material, men, and other persons employed in the performanceof the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Three Hundred Thirty- Two Thousand Three Hundred Dollars ($ 332, 300. 00 ) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 ( commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees. that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition.
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named, on October 26th, 2021
Ever Sun Investments, LLC American Contractors Indemnity Company_
PRINCIPAL SURETY
By: l By:
Andrew Mira Attomey- in- Fact
SIGNATURE( S) MUST BE NOTARIZED
Rev. 04/ 2019) Page 1 of 1
CALIFORNIA ALL-, PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
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A notarypublicor otherofficercompletingthis certificateverifiesonlythe identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 1 1
State of California
1 SAN BERNARDINO
County of
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On . zoa__ before me,_ JEANNE CONLEY- NOTARY PUBLIC j _, personally appeared S .h 1 1
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who prov d to me on the basis of satisfactory evidence t&.I* the person( s whose name(%, s/ re subscribed to the within instrument and acknowledged to me that he/ / they executed the same in hisdD, their authorized capacity(, and that by his/ / their signature on the instrument the person(; or the entity upon behalf of whichthe personjajacted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that 1 the foregoing paragraph is true and correct.
A A JS A. . IAAJIAA A_ A. A,
W E nd a• • Officjal ea JEANNE CONLEY
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ADDITI• NAL 0 TIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM ThisformcomplieswithcurrentCaliforniastatutesregardingnotarywordingand, DESCRIPTI a a- - E ATTACHED DOCUMENT if needed,should be completed and attached to the document.Acbrowledgments fromotherstatesmaybecompletedfor documentsbeingsenttothatstatesolong LAc 4 ( asthewordingdoesnotrequiretheCalifornianotaryto violateCalifornianotaryLA 1 h \ 0. law.
Title or description of attached
StateandCountyinformationmustbetheStateandCountywherethe document 1 1D signez(s) personally appearedbefore the notary public for acknowledgment.
Title or destsiption of attached document continued) Dateof notarizationmustbethedatethatthesigner(s)personallyappearedwhich must also be the same date the acknowledgment is completed.
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The notary public must print his or her name as it appears within his or herNumber of Pages Document Date commissionfollowedby acommaandthenyour title( notarypublic).
Print the name(s) of documentsigner(s) who personallyappearat the time of notarization.
C4'
ITY CLAIMED BY THE SIGNER Indicatethecorrectsingularor pluralformsby crossingoff incorrectforms(i.e. sp Individual( s) be/sheitheyris/are)orcirclingthecorrectforms.Failuretocorrectlyindicatethis informationmayleadtorejectionof documentrecording.VI Corporate Officer The notary seal impressionmust be clear and photographicallyreproducible.
C/— Impression must not cover text or lines. If seal impression smudges, re-seal if a Title) sufficient area permits, otherwise complete a different acknowledgment form.
Partner( s) Signatureof thenotarypublicmustmatchthe signatureon file with theoffice of the county clerk.
ElAttomAttorney- in- FactY Additionalinformationis notrequiredbut couldhelpto ensurethis Trustee( s) acknowledgment is not misusedor attached to a different document.
Other Indicatetitle ortypeof attacheddocument,numberof pagesanddate.
Indicatethecapacityclaimedbythesigner.If theclaimedcapacityis a corporateofficer,indicatethetitle( i.e.CEO,CFO,Secretary). 2015 Version www. NotaryClasses. com 800- 873- 9865 Securely attach this document to the signed document with a staple.
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ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of LOS ANGELES
On before me, P. KANEGAWA PEREZ, NOTARY PUBLIC
insert name and title of the officer)
personally appeared ANDREW MIRAFLOR
who proved to me on the basis of satisfactory evidence to be the person( s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/ hcr/ thcir authorized capacity( 4e& j, and that by his/ her419eir signature(&) on the instrument the person(&), or the entity upon behalf of which the person(&) acted, executed the instrument.
I certify under PENALTYOF PERJURYunderthe laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal. i' P. KANEGAWA PEREZ Notary kblic California
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TOKIO MARINE
HCC
POWER OF ATTORNEY
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U. S. SPECIALTY INSURANCE COMPANY KNOWALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U. S. Specialty Insurance Company, a Texas corporation ( collectively, the" Companies"), do by these presents make, constitute and appoint:
Andrew Miraflor of Los Angeles, California
its true and lawful Attorney( s)- in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed One Million****** Dollars 1, 000, 000. 00*** ). This Powerof Attorney shall expirewithoutfurther actionon April 23td,2022. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies:
Be it Resolved,that the President, any Vice-President,any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney( s)- in-Fact to represent and act for and on behalf of the Company subject to the following provisions:
Attorney-in-Fact may be given full power and authorityfor and in the nameof and on behalf of the Company,to execute, acknowledge and deliver,any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/ or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company' s liability thereunder, and any such instruments so executed by any such Attorney- in- Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.
IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1stday of June, 2018.
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITEDST,,R#TESSURET)(,,,COMMPANY ,A,S.BPECIAL,Ir, tN URANCECOMPANY7.!$. 4; @9
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Daniel P. Aguilar, Vice President
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document On this 1stday of June, 2018, before me, Sonia O. Carrejo, a notary public, personally appeared Daniel P. Aguilar, Vice Presidentof American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal. s171"aaarm
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I, Kio Lo, Assistant Secretary • American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect.
In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 26th day of October 2021__
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Bond No.: 100612636
Contract No.:
Executed In Triplicate** Approved:
WARRANTY BOND
Parcel Map No 20058
WHEREAS, the City Council of the City of Chino, State of California, hereinafter designated as CITY" and Ever Sun Investments, LLC hereinafter designated as PRINCIPAL," have entered into an agreement whereby Principal has agreed to warrant and guarantee the installation, completion, and maintenance of certain designated public improvements, which said agreement, dated October 5, 2021 and identified as Project No. PM 20058 , is hereby referred to and made a part hereof; and
WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the warranty of said improvements.
NOW, THEREFORE, we, the Principal, and American Contractors Indemnity Company , as surety, are held and firmly bound unto the City of Chino in the penal sum of Sixty- Six Thousand Five Hundred Dollars ($ 66, 500. 00 lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bound Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and provisions in said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees including reasonable attorneys' fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the agreement or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named, on October 26th, 2021
Ever Sun Investments, LLC American Contractors Indemnity Company
PRINCIPAL SURETY
By: 57„._ %th / L By: A.
Andrew Mill, Attorney- in-Fact
SIGNATURE( S) MUST BE NOTARIZED
Rev. 04/ 2019) Page 1 of 1
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of LOS ANGELES
On OCT 11216 - before me, P. KANEGAWA PEREZ, NOTARY PUBLIC insert name and title of the officer)
personally appeared ANDREW MIRAFLOR
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/ weir authorized capacity( 4e&), and that by his/ het/ their signature(&) on the instrument the person(&), or the entity upon behalf of which the person(. e) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal. P.KANEGAWAPEREZ
r* Notary Public- California
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POWER OF ATTORNEY
AMERICAN CONTRACTORS INDEMNITYCOMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOWALLMENBYTHESEPRESENTS: ThatAmericanContractorsIndemnityCompany, a Californiacorporation, TexasBonding Company, anassumednameofAmericanContractorsIndemnityCompany, UnitedStatesSuretyCompany, a Marylandcorporation and U. S. Specialty Insurance Company, a Texas corporation ( collectively, the" Companies"), do by these presents make, constitute and appoint:
Andrew Miraflor of Los Angeles, California
itstrueandlawfulAttorney(s)-in-fact, eachintheirseparatecapacityif morethanoneisnamedabove,withfullpowerandauthority herebyconferredin its name, placeand stead, to execute, acknowledgeanddeliverany and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed One Million****** Dollars 1, 000, 000. 00*** ). ThisPowerofAttorneyshallexpirewithoutfurtheractiononApril23rd,2022.ThisPowerof Attorneyis granted underand by authorityofthefollowingresolutionsadoptedbytheBoardsof Directorsof theCompanies:
Beit Resolved,thatthePresident,anyVice-President,anyAssistantVice-President,anySecretaryoranyAssistantSecretaryshallbeandis hereby vestedwithfull powerandauthoritytoappointanyoneormoresuitablepersonsasAttorney(s)-in-Facttorepresentandactforandonbehalfofthe Company subject to the following provisions:
Attorney-in-FactmaybegivenfullpowerandauthorityforandinthenameofandonbehalfoftheCompany,toexecute,acknowledgeanddeliver,any andall bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the releaseof retained percentagesand/orfinalestimatesonengineeringandconstructioncontracts,andanyandall noticesanddocuments cancelingorterminatingtheCompany'sliabilitythereunder,andanysuchinstrumentssoexecutedbyanysuchAttorney-in-Factshallbebindingupon theCompanyasifsignedbythePresidentandsealedandeffected bytheCorporateSecretary.
Beit Resolved, thatthe signatureof anyauthorizedofficerandsealof theCompanyheretoforeor hereafteraffixedto anypowerof attorneyor any certificaterelatingtheretobyfacsimile,andanypowerof attorneyor certificatebearingfacsimilesignatureorfacsimilesealshallbevalidandbinding uponthe Companywith respect to any bond or undertaking to which it is attached.
INWITNESSWHEREOF, The Companies have causedthis instrumentto be signed and their corporate seals to be hereto affixed,this 1stday of June, 2018.
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STARS SURETX„COMPANY ,,y,S.,, PECIAL,rY 6NSURANCECOMPANY State of California P. o '` C.1.
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A NotaryPublicor otherofficercompletingthiscertificateverifiesonlytheidentityof the individualwhosignedthe documentto which this certificate is attached, and not the truthfulness, accuracy, or validity of that document Onthis1stdayofJune,2018,beforeme,SoniaO.Carrejo,a notarypublic, personallyappearedDanielP.Aguilar,VicePresidentof American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Companywhoprovedto meonthebasisof satisfactoryevidenceto bethepersonwhosenameissubscribedto thewithininstrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person,or the entity upon behalf of whichthe person acted, executedthe instrument.
I certifyunderPENALTYOF PERJURYunderthe lawsof the Stateof Californiathatthe foregoingparagraphis trueandcorrect.
WITNESS my hand and official seal. sAa, uaer> o
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American Contractors Indemnity Company, Texas Bonding Company, United States Surety Companyand U.S. Specialty InsuranceCompany,do herebycertifythat the above and foregoing is a true and correct copy of a Power ofAttorney,executedbysaidCompanies,whichis stillinfullforceandeffect;furthermore, the resolutionsofthe Boardsof Directors, set out in the Power of Attorney are in full force and effect.
In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 26th day of October 2021
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CALIFORNIA ALL-, PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of SAN BERNARDINO
On Ve± , 1 before me, _ JEANNE CONLEY- NOTARY PUBLIC
personally appeared Slrtc UCLIA.01..
who pro d to meonthe basisof satisfactoryevidena to betheperson(S(whose name( ' are subscribed to the within instrument and acknowledged to me that he/ theyexecutedthesamein hi ti rttheirauthorizedcapacity(i s), andthatby his their signature4on the instrument the person(*, or the entity upon behalf of whi the personKacted, executed the instrument.
I certifyunder PENALTYOF PERJURYunder the laws of the State of Californiathat the foregoing paragraph is true and correct.
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ADDIT AL 0 IONAL I RMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
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