01225.0006/366470.2 Updated 10-2020
SUBDIVISION IMPROVEMENT AGREEMENT
by and between
CITY OF CHINO
and
UTR COLLEGE PARK LLC
01225.0006/366470.2
SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN
THE CITY OF CHINO
AND
UTR COLLEGE PARK LLC
Agreement Date: March 5, 2024
Subdivider Name: UTR COLLEGE PARK LLC
Subdivision Description: 7.53-acre subdivision into two parcels for the construction of three two-story buildings, totaling 50,630 square feet of commercial retail, office, and restaurant space, and one single story 27,000 square foot community scale church on the project site.
T
entative Parcel Map No.: 20348
Estimated Total Cost of Improvements: $272,200.00
Estimated Total Cost of Monumentation : $13,125.00 (based upon the plans, including individual lots, subdivision boundary and public improvements).
Security:
Bond No.: ____________________
Surety: ___________________
01225.0006/366470.2
Designees for the Service of Written Notice:
CITY: SUBDIVIDER:
Jesus Plasencia
Assistant City Engineer
13220 Central Avenue
Chino, CA 91710
(909) 334-3417
[email protected]
UTR COLLEGE PARK LLC
Its Managing Member:
HK Ventures, Inc.
Attn: Henry Hong, President
13925 City Center Drive, Suite 200
Chino Hills, CA 9170
(714) 869-0560 x768
[email protected]
CITY PROJECT INSPECTOR
Isaac Ortega
Permit & Inspection Supervisor
13220 Central Avenue
Chino, CA 91710
(909) 334-3501
[email protected]
01225.0006/366470.2
TABLE OF CONTENTS
1. Construction Obligations
1.1 Works of Improvement
1.2 Other Obligations Referenced in Conditions of Tentative Map Approval
1.3 Intent of Plans
1.4 Survey Monuments
1.5 Performance of Work
1.6 Changes in the Work
1.7 Defective Work
1.8 No Warranty by City
1.9 Authority of the City Engineer
1.10 Documents Available at the Site
1.11 Inspection
1.12 Compliance with Law; Applicable Standards for Improvements
1.13 Suspension of Work
1.14 Erosion and Dust Control and Environmental Mitigation
1.15 Final Acceptance of Works of Improvement
1.16 Vesting of Ownership
1.17 Subdivider’s Obligation to Warn Public During Construction
1.18 Injury to Public Improvements, Public Property or Public Utility
2. Time for Performance
2.1 Commencement and Completion Dates
2.2 Phasing Requirements
2.3 Force Majeure
2.4 Continuous Work
2.5 Reversion to Acreage
3. Labor
3.1 Labor Standards
3.2 Nondiscrimination
3.3 Licensed Contractors
3.4 Workers’ Compensation
4. Security
4.1 Required Security
4.2 Form of Security Instruments
4.3 Subdivider’s Liability
4.4 Letters of Credit
4.5 Release of Security Instruments
5. Cost of Construction and Provision of Inspection Service
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
1 SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (this “Agreement”) i s entered into this 5 th day of March, 2024, by and between the CITY OF CHINO, a municipal corporation, organized and existing in the County of San Bernardino, under and by virtue of the laws of the State of California, (“CITY”), and UTR COLLEGE PARK LLC, a California limited liability company (Subdivider”).
RECITALS
A. Subdivider is the owner of and has obtained approval of a subdivision map identified as Tentative Parcel Map No. 20348, (the “Map”), located in the City of Chino, County of San Bernardino, State of California (the “Property”), as described on Exhibit “A”. The Map requires Subdivider to comply with certain conditions of approval for the development of the Property (the “Conditions”) as described on Exhibit “B”.
B. Pursuant to the Conditions, Subdivider, by the Map, has offered for dedication to City for public use of the streets and easements shown on the Map. City desires to accept the streets and easements shown on the Map for public use, and certain other improvements described in this Agreement.
C. Subdivider has delivered to City, and City has approved, plans and specifications and related documents for certain “Works of Improvement ” (as hereinafter defined) which are required to be constructed and installed in order to accommodate the development of the Property.
D. Subdivider ’s agreement to construct and install the Works of Improvement pursuant to this Agreement and its offer of dedication of the streets, easements and other improvements and facilities, as shown on the Map, are a material consideration to City in approving Parcel Map No. 20348 for the Property and permitting development of the Property to proceed.
COVENANTS
Based upon the foregoing Recitals which are incorporated herein by reference and in consideration of City ’s approving the Map for the Property and permitting development of the Property to proceed, Subdivider agrees to timely perform all of its obligations as set forth herein.
1. Construction Obligations.
1.1. Works of Improvement. Subdivider agrees, at its sole cost and expense, to construct or install, or cause to be constructed or installed the street, drainage, domestic water, sanitary sewer, street lighting, landscaping, utility, and other improvements more fully described in Exhibit “B” attached hereto (the “Works of Improvement ”), as the same may be supplemented and revised from time to time as set forth in this Agreement (said plans and 01225.0006/366470.2
2 sp
ecifications, together with all related documents, the “Plans”). The estimated construction cost for the Works of Improvement is $272,200.00.
1.2. Other Obligations Referenced in Conditions of Tentative Map Approval. In addition to the foregoing, Subdivider shall satisfy all of the Conditions on the Map for the Property. The Conditions associated with the Map are included in Exhibit “B” attached hereto.
1.3. Intent of Plans. The intent of the Plans referenced in Section 1.1 is to prescribe a complete work of improvement which Subdivider shall perform or cause to be performed in a manner acceptable to the City Engineer, (or designee), and in full compliance with all codes and the terms of this Agreement. Subdivider shall complete a functional or operable improvement or facility, even though the Plans may not specifically call out all items of work required for Subdivider’s contractor to complete its tasks, incidental appurtenances, materials, and the like. If any omissions are made or information necessary to carry out the full intent and meaning of the Plans, Subdivider or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the Plans, reference shall be made to the City Engineer whose decision thereon shall be final.
Subdivider recognizes that the Plans consist of general drawings. All authorized alterations affecting the requirements and information given on the Plans shall be in writing and approved by the City Engineer. The Plans shall be supplemented by such working or shop drawings as are necessary to adequately control the work. Without the City Engineer ’s prior written approval, no change shall be made by Subdivider or its contractor to any plan, specification, or working or shop drawing after it has been stamped as approved.
1.4. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments as shown on Parcel Map No. 20348 in accordance with the provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City of Chino. Subdivider shall provide security for such obligation as provided in Section 4.1(a)(iii) and, after setting the monuments, Subdivider shall furnish the City Engineer written notice of the setting of said monuments and written proof of having paid the engineer or surveyor for the setting of said monuments.
1.5. Performance of Work. Subdivider shall furnish or cause to be furnished all materials, labor, tools, equipment, utilities, transportation, and incidentals required to perform Subdivider’s obligations under this Agreement.
1.6. Changes in the Work. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Paragraph 4, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer as determined necessary to accomplish the purposes of this Agreement and to protect the public health, safety, or welfare. The City Engineer shall notify Subdivider or its contractor in writing (by Correction Notice) at the time a determination has been made to require changes in the work. No field changes performed or proposed by Subdivider or its contractor shall be binding on City unless approved in writing by the City Engineer. The City and Subdivider may mutually 01225.0006/366470.2
3 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 otherwise make acceptable any work found by the City Engineer to be defective.
1.8. No Warranty by City . The Plans for the Works of Improvement have been prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no representation or warranty, express or implied, to Sub divider or to any other pers on regarding the adequacy of the Plans or related documents.
1.9. Authority of the City Engineer . In addition to the authority granted to the City Engineer elsewhere in this Agreemen t, the City Engineer shall have the authority to d ecide all questions which ma y arise as to the quality and accept ability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Subdivider and its contractor.
1.10. Documents Available at the Site . Subdivider shall cause its contractor to keep a copy of all approved Plans at the job site and shall give access thereto to the City ’s inspectors and engineers at all times.
1.11. Inspection. Subdivider shall have an authorized represe ntative on the job site at all times during which work is being done who has full authority to act for Subdivider, or its design engineer, and Subdivider ’s contractor(s) regarding the Works of Improvement.
Subdivider shall cause its contractor to furnish the City with every reasonab le f acility for ascertaining whether or not the Work s of Improvement as performed are in accordance with the requirements and intent of this Agreement, including the Plans. If t he City inspector requests it, the Subdivider’s contractor, at any time before acceptance of the Works of Improvement, shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected. After examination, the Subdivider’s contractor shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City Engineer (or designee) shall not be considered as direct control of the individual workmen on the job site. City’s inspectors shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement.
The inspection of the work by City shall not relieve Subdivider or its contractor of any obligations to f ulfill this Agreement as herein provided, and unsu itable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted.
1.12. Compliance with Law; Applicable Standards for Improvements. In addition to the express provisions of this Agreement and the Plans, Subdivider shall cause construction of the Works of I mprovement to be completed in accordance with all other applicable federal, state, and local laws, ordinances, rules and regulations. In addition, without limiting the foregoing, the Subdivider shall, at its expense, obtain and comply with the conditions of all necessary permits and licenses for the construction of the Works of Improvement. The Subdivider shall also give all necessary notices and pay all fees and taxes as required by law. 01225.0006/366470.2
4 Subdivider shall construct the im provements in accordance with the Ci ty standards in effect at the time of the adoption of the Approved Tentative Map. City reserves the right to protect the public safety or welf are or comply with applicable Federal or State law or City zoning ordinances.
1.13. Suspension of Work. The City Engineer shall have authority to order suspension of the work for failure of the Subdivider’s contractor to comply with law pursuant to Section
1.12. In case of suspension of work for any cause w hatsoever, Subdivider and it s contractor shall be responsible fo r all materials and shall store them properly if necessary and shall provide suitable interim drainage and/or dust control measures, and erect temporary structures where necessary.
1.14. Erosion and Dust Control and Environmental Mitigation. All grading, landscaping, and const ruction activities shall be performed in a manner to control erosion and prevent flooding problems. The City Engineer shall h ave the authority to require erosion plans to prescribe reasonable controls o n the method, manner, and time of gra ding, landscaping, and construction activities to prevent nuisances to surrounding properties. Plans shall include without limitation tempora ry drainage and erosion control requirements, dus t c ontrol procedures, restri ctions 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 Ac ceptance of Works of Improve ment. After Subdivider ’s contractor h as completed all of the Works of Improvement, Subdivider shall then request a final inspection of the work. If items are found by the City’s inspectors to be incomplete or not in compliance with this Agreement or any o f the requirements contained or referenced herein, Ci ty will inform the Subdivider or its contractor of such items. After the Subdivider’s contractor has completed these items, th e procedure shall then be the same as specified a bove for the Subdivider ’s contractor’s initial request for final inspection. If items are found by City ’s inspector s to be incomplete or not in compliance after two (2) “final” inspections, the City may req uire the Subdivider or its contractor, as a condi tion to performing further f ield inspections, to submit in writing a detailed sta tement of the work performed subsequent to the date of the previous inspection which was found to be incomplete or not in comp liance at that time. Subdivider shall be respons ible for payment to City Eng ineer of re -inspection fees in the am ount necessary to cover the City ’s costs for additional final inspections, as determined by the City Engineer.
No inspection or acceptance per taining to specific parts of the Works of Improve ment shall be construed as final acceptance of any part until the overall final a cceptance by the City Engineer is made. The City Engineer shall make a certification of completion and acceptance on the Works of Improvement by recordation of a Notice of Acc eptance on behalf of the Cit y.
Final acceptance shall not constit ute a waiver by the City Engineer of defective work subsequently discovered.
The date on which the Works of Improvement will be considered as complete shall be the date of the Notice of Acceptance.
01225.0006/366470.2
5 1.16. Vesting of Ownership . Upon recordation of the Notice of Acceptance, owner ship of the Works of Improvement shall vest in the City.
1.17. Subdivider’s Obligation to Warn Public During Construction. Until recordation of the Notice of Acceptance , Subdivider shall give good and adequate warning to the public of any dangerous condition of the Works of Improvements and shall take reasonable actions to protect the public from such dangerous condition. Until re cordation of the Notice of Acceptance, Subdivider sha ll provide forty-eight ( 48) hours’ advance written notice to all neighboring property owners and tenants affected by Subdivider’s operations or construction of the hours, dates and duration of any planned construction activities.
1.18. Injury to Public Improvem ents, Public Property or Pub lic Utility. Until recordation of the Notice of Acceptance of the Works of Improvement , Subdivider assumes responsibility for the care and maintenance of, and any damage to, the Works of Improvements. Subdivider shall replace or repair all Works of Improvements, public property, public utility facilities, and surveying or subdivision monuments and benchmarks which are destroyed or damaged for any reason, regardless whether resulting from the acts of the Subdivider, prior to the recordation of the Notice of Acceptance. Subdivider shall bear the entire cost of such replacement or repairs regardless of what entity owns the underlying property. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer.
Neither the City, nor any officer or employee thereof, shall be l iable or responsible for any accident, loss or damage, regardless of cause, occurring to the work or Works of Improvements prior to recordation of the Notice of Acceptance of the work or improvements.
2. Time for Performance.
2.1. Commencement and Completion Dates. Subject to Section s 2.2 and 2.3 below, Subdivider shall (i) commence with construction and installation of the Works of Im provement thirty (30) days following City ’s appr oval of the Plans ( “Commencement Date”); and (ii) complete or cause to be complete d all of the Works of Improvement within two (2) years after the Commencement Date. In the event good cause exists as determined by the City Engineer, the time for commencem ent of construction or compl etion of the Works of Improvement hereunder may be extended by up to three (3) additional one-year periods. Extensions shall be executed in writing by the City Engineer. The City E ngineer in his or her sole discretion determines whether or not the Subdivid er has established good cause for an extension. As a condition of such extension, the City Engineer may require Subdivider to furnish new security guaranteeing performance of this Agreement, as extended, in an increased amount t o compensate for any increas e in construction costs as determined by the City Engineer. If Subdivider requests and is granted an extension of time for completion of the improvements, City may apply the standards in effect at the time of the extension.
2.2. Phasing Requirements. Notwithstanding the provisions of Section 2.1, the City reserves the right to control and regulate the phasing of completion of specific Works of Improvement as required to comply with appl icable City ordinances, regulations, and rules relating to the timely provis ion of public services and facilities. In addition to whatever other remedies the City may have for Subdivider ’s failure to satisfy such phasing requirements, as 01225.0006/366470.2
6 the same now exis t or may be amended from time to time, Subdivide r a cknowledges City’s right to w ithhold the issuance of further building permits o n the Property until such phasing requirements are satisfied. Prior to issuance of building permits, Subdivider shall provide satisfactory evidence that all applicable requi rements that are a condition to issuance of building permits have been satisfied. Such requirements may include the payment of fees, construction of improvements, or both. Final inspections or issuance of Ce rtificates of Occupancy may be withheld from the Subdivider by the City, if, upon a determination by the City Engineer, completion of specific Works of Improvements or other requirements associated with the development of the Property have not been complet ed to the City Engineer ’s satisfaction.
2.3. Force Majeure. Notwithstanding the provisions of Section 2.1, Subdivider ’s time for commencement and completion of the Works of Improvement shall be extended for the period of any enforced delay caused due to circu mstances beyond the control and without the fault o f Subdivider, including t o th e extent applicable adverse weather conditions, fl ood, earthquakes, strikes, lockouts, pandemics, acts or failures to act of a public agency (including City), required changes to the scope of work required by City, and simil ar causes; pro vided, however, that the period of any enforced dela y hereunder shall not include any period longer than five (5) days prior to City ’s receipt of a written notice from Subdivider or its contractor detailing the grounds for Subdivider ’s claim to a right to extend its tim e fo r performance hereunder. The City Engineer shall evaluate all claims to Force Majeure and make a reasonable determination regarding the length of any extension of time for com mencement and/or completion of the Works of Improvement and the City Engineer’s decision shall be final.
2.4. Continuous Work . After commencement of construction of the Works of Improvement (or separate portion t hereof), Subdivider shall cause such work to be d iligently pursued to completion and shall not a bandon the work for a consec utive period or more than thirty (30) days, events of Force Majeure excepted.
2.5. Reversion to Acreage. In addition to whatever other rights City may have due to Subdivider’s failure to timely perform its obligations hereunder, Su bdivider recognizes that City reserves the right to revert the Prop erty to acreage subject to the limitations and requirements set forth in California Government Code Section 66499.11 through Section 66499.20.1.
3. Labor.
3.1. Labor Standards. This Agreement is subject to, and Subdivider agrees to comply with, all of the applicable provision s of the Labor Code includ ing, but not limited to, the wage and hour, prevailing wage, worker compensation, and various oth er labor requirements in Division 2, Part 7, Chapter 1, including section 1720 to 1740, 1770 to 1780, 1810 to 1815, 1860 to 1861, which provisions are specific ally incorporated herein by reference as set forth herein in their entirety. Subdivider shall expressly require compliance with the provisions of this Section in all agreement s wi th contractors and subcontractors for the performan ce of the Works of Improvement.
3.2. Nondiscrimination. In accordance with the California Fair Employment and Housing Act (“FEHA”), California Government Code Section 12940 et seq., Subdivider agrees 01225.0006/366470.2
7 that Subdivider, its agents, employees, contr actors, and subcontractor performing any o f the Works of Improvement shall not discriminate, in any way, against any person on the basis of race, ethnicity, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genet ic information, marital st atus, sex, gender, gender identity, gender expression, age, sexual orientation, or military and v eteran status . Subdivider shall expressly require compliance with the provisio ns o f this Section in all agreements wi th contractors and subcontractors for the performance of this Agreement.
3.3. Licensed Contractors. Subdivider shall cause all of the Works of Improvement to be constructed by contractors and subcontractors with valid Cal ifornia Contractors’ licenses for the type of work bein g performed. All of Subdiv ider’s contractors and subcontractors shall obtain a valid City of Chino business license prior t o p erforming any work pursuant to this Agreement. Subdivider shall provide the City Engineer with a list of all of it s contractors and subcontractors prior to initiating any work, and all valid Contractor ’s licenses and business licenses issued thereto as a condition of constructing the Works of Improvements.
3.4. Worker’s Compensation . Subdivider shall cause every contractor and subcontractor performing any of the W orks of Improvement to carry Workers ’ Compensation Insurance as required by the Labor Code of the State of California and shall cause each such contractor and subcontractor to submit to City a Certificate of Insura nce verifying such coverage prior to such contractor or subcontractor entering onto the job site.
4. Security.
4.1. Required Security.
(a) At the time Subdivider executes this Agreement, Subdivider shall furnish to City the follo wing bonds, letters of credit, instruments of credit (a ssignment of deposit accou nt) or other security acceptable to City in its sole and absolute discretion and satisfying the r equirements of the applicable provisions of this Section 4 below (hereinafter “Security Instruments”):
(i) A Security Instrument securing Subdivider’s faithful performance of all of the Works of Improvement ( “Faithful Performance Security Instrument”), in the amount of $272,200.00 equal to 100% of the estimated construction cost referenced in Section 1.1.
(ii) A Security Instrument guaranteeing the payment to contracto rs, subcontractors, and other persons furnishing labor, materials, and/or equipment ( “Labor and M aterials Security Instrument ”) with respect to the Works of Improvement in an amount equal to $136,100.00 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 mon uments as required in Section 1.4 in the amount of $13,125.00 equal to 100% of the cost thereof.
01225.0006/366470.2
8 This Agreement shall not be effective for any purpose until s uch Security Instruments are supplied to and approved by City in accordance herewith. (b) Required Security Instrument for Maintenance and Warranty . Prior to the City Council ’s a cceptance of the Works of Improvement and re cordation of a Notice of Completion, Subdivider shall deliver a Security Instrument warranting the work accepted for a period of one ( 1) year following said acceptance (“Maintenance and Warranty Se curity Instrument”), in the amount of $27,200.00 equal to 1 0% of the estimated construction c ost set forth in Section 1.1 or a suitable amount determined by the City Engineer.
4.2. Form of Securi ty Instruments. All Security Instruments shall be in the amounts required unde r Se ction 4.1 (a) or 4.1(b), as applicable, shall meet the following minimum requirements and otherwise shall be in a form provided by City or otherwise approved by the City Attorney:
(a) Bonds. For Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to tr ansact surety business in the State of California. Any insurance company acting as surety shall h ave a minimum rating of A -IX, as rated by the current edition of Best ’s Key Rating Guide published by A.M. Best ’s Company, Oldwick, New Jersey, 08858. Any bank acting as surety shall have a minimum rating of AA, as rated by Moody’s or Standard & Poor’s.
(b) Letters of Credit . For Security Instruments which are letters of credit, any letter of credit shall be an origi nal separate unconditional, irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the City Engineer of the City that Subdivider is in default under its payment or performance obligations h ereunder or in the event Subdivider fails to deliver a replacement letter of c redit not less than thirty (30) days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 4.4.
(c) Instrument of Cre dit. For Security Instruments which are Instruments of Credit, any Instrument of C redit shall be an assignment of deposit account assigning as security to City all of Subdivider’s interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. (d) General Requirements for all Security Instruments.
(i) Payments under any Security I nstruments shall be required to be made (and, wit h respect to bonds, litigation shall be required to be instituted and maintained) in the City of Chino, State of California (and the Security Instrument shall so provide).
01225.0006/366470.2
9 (ii) Each Se curity Instrument shall have a minimum term of one (1) year after the deadlin e for Subdivider ’s completing the Works of Improvement, in accordance with Section 2.1 (other tha n Instruments of Credit, which shall have no defined term or expiration date).
(iii) Each Security Instrument shall provide that changes may be made in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and wi thout affecting the obligations under such Security Instrument. (iv) If the Subdivi der 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 Subdiv ider to the City Engineer; and (3) upon its written acceptance by the City Engineer, be deemed a part of this Agreement. Upon the City Engineer’s acceptance of a replacement security, the former security shall be released by the City.
4.3. Subdivider’s Liability. While no action of Subdivider shall be required in order for City to realiz e on its security under any Security Instrument, Subdivider agrees to cooperate with City to facilitate City ’s realization under any Security Instrument, and to take no actio n to prevent City from such realization of any Security Instrument. Notwithstanding the giving of any Security Instrument or the subsequent expiration of any Securit y Instrument or any failure by any surety or financial institution to perform its obligatio ns with respect thereto, Subdivider shall be personally liable for performance und er this Agreement and for payment of the cost of the labor and materials for the im provements required to be constructed or installed hereby and shall, within ten (10) days a fter wr itten demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 4.
4.4. Letters of Credit.
(a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to dr aw on a ny such letter of credit if a replacement letter of credit (expiring in not less than one (1) year, unless City agrees to a lesser term in City’s sole and abs olute discretion) is not delivered not less than thirty (30) days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit delive red hereunder, issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit. (b) In the event of draw by the City on a let ter of credit, the City may elect, in its sole and absolute discretion, to apply an y such funds drawn to the obligations secured by such letter of credit or to hold such fund s in an account under the control of the City, with no interest accruing thereon f or t he benefit of the Subdivider. If the City elects to hold the funds in an accou nt pursuant to the foregoing, City may thereafter at any time elect instead to apply such f unds as 01225.0006/366470.2
10 provided in the foregoing. Subdivider agrees and hereby grants City a sec urity interest in such account to the extent required for City to realize on its in terests therein and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City ’s security interest in such account.
4.5. Release of Secu rity Instruments. The City shall release all Secur ity Instruments consistent with Government Code Sections 66499.7 and 66499.8 , Section 19.09 .010 of the Chino Municipal Code, and as follows:
(a) City shall release the Faithful Performance Security Instrument and Labor and Materials Security Instrument when all of the following have occurred:
(i) Subdivider has made written request for release and provi ded evidence of satisfaction of all other requirements in this Section 4.5; (ii) the Works of Improvement have been accepted;
(iii) Subdivider has delivered the Maintenance and Warranty Security Instrument; and
(iv) after passage of the time within which lien claims are r equired to be made pursuant to Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California . If lien claims have been timely filed, City shall hold the Labor and Materials Security Instrument until such claims have been resolved, Subdivider has provided a statutory bond, or otherwise as req uired by applicable law.
(b) City shall release the Maintenance and Warranty Security I nstrument upon Subdivider’s written request upon the expiration of the warranty period, and settlement of any claims filed during the warranty period. (c) The City may retain fr om a ny security released, an amount sufficient to cover costs and reasonable expens es and fees, including reasonable attorney ’s fees.
5. Cost of Construction and Provision of Inspection Service.
5.1. Subdivider Responsible for All Costs of Construction . Subdivider shall be responsible for payment of all costs incurred for construction and instal lation of the Works of Improvement. In the event Subdivider is entitled to reimbursement f rom City for any of the Works of Improvement, such reimbursement shall be subject to a separate Reimbursement Agreement to be entered into between Subdivider and Cit y prior to construction of the Works of Improvement.
5.2. Payment to City for Cost of Related In spection and Engineering Services .
Subdivider shall compensate City for all of C ity’s costs reasonably incurred i n ha ving its 01225.0006/366470.2
11 authorized representative make the us ual and customary inspections of the Works of Improvement. In addition, Subdivider shall co mpensate 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 a s established by the City. In no event shall Subdivider be entitled to additional inspectio ns or a final inspection and acceptance of any of the Works of Improvement until a ll City fees and charges have bee n fully paid, including without limitation, charges for applicable penalties and additional required inspections.
5.3. Payment of Development Impact Fees. Subdivider shall pay Development Impact Fees pursuant to and in accordanc e wi th Chino Municipal Code Chapter 3.40 or 3.45, as applicable.
6. Acceptance of Offers of Dedication . The C ity Council shall pass as appropriate resolution or resolutions acce pting all offers of dedication shown on the Map for the Property, with acceptance to become effective upon completion and acceptance by City of the Works of Improvement. Such resolution(s) shall authorize the City Clerk to execute the Certificate made a part of the Map regarding said acceptance of the offer of dedication.
7. Warranty of Work. Subdivider shall guarantee all Works of Improvement against defective materials and workmanship for a period of one (1) year from the date of final acceptance. If any of the Works of Improvement should fail or prove defective within said one (1) year period due to any reason other than improper maintenance, or if any settlement of fill or backfill occur s, or should any portion of the Works of Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen (15) days after written notice of such defects, or within such shorter time as may reasonably be determined by the City in the ev ent of emergency, shall commence to repair or replace the same toget her with any other work which may be damaged or displaced in so doing. Should Subdivider fail to remedy defective material and/or workmanship or make replacements or repairs within the pe riod of time set forth above, City may make such repairs and replace ments and the actual cost of the required labor and materials shall be chargeable to and payable by Subdivider. The warranty provided herein shall not be in lieu of, but shall be in additi on to, any warranties or other obligations otherwise imposed by law.
8. Default.
8.1. Default by Subdivider. Default by Subdivider shall include, but not be limited to:
(a) Subdivider’s failure t o ti mely commence construction of Works of Improvement under this Agreement;
(b) Subdivider’s failure to timely complete construction of the Work s of Improvement;
(c) Subdivider’s failure to perform substantial construction work for a period for 20 consecutive calendar days after commencement of the work; 01225.0006/366470.2
12 (d) Subdivider’s insolvency, appoi ntment of a receiver, or the filing of any petition in bankruptcy, e ither vo luntary or involuntary, which Subdivider fails to discharge within 30 days;
(e) The commencement of a foreclosu re a ction against the subdivision or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or (f) Subdivider’s failure to perform any other obligation under this Agreement.
8.2. Remedies. The City reserves all remedies available to it at law or in equity for a default or breach of Subdivider ’s obligations under th is Agreement. The City shall have the right, subject to this Section, to draw upon or use the appropriate security to mitigate the City ’s damages in t he e vent of default by Subdivider . Th e City ’s right to draw upon or use the security is in addition to any other remedy available to City. The parties acknowledge that the estimated costs and security amounts may not reflect the actual cost of construction of the improvements and, therefore, City ’s damages for Subdivider ’s default shall be measured by the cost of completing the required improvements. The City may use the sums provided by the securities for the completion of the Works of Improvement in accor dance with the plans. In the event the Subdivider fails to cure any default under this Agreement within 20 days after the City mails a notice of such default to the Subdivide r and th e Subdivider’s surety, Subdivider authorizes the City to perform the oblig ation for which Subdivider is in default and agrees to pay the entire cost of such performance by the City . The City may take over the work and complete the Works of Improvem ent, by contract or by any other method City deems appropriate, at the expense of the Subdivider. In such event, City, without liability for doing so, may complete the Works of Improvement using any of Subdivider ’s materials, appliances, plans and other pr operty t hat are at the work site and that are necessary to complete the Works of Improvement.
8.3. Remedies Not Exclusive . In any case where this Agreement provides a specific remedy to City for a defa ult by Subdivider hereunder, the Subdivider agrees that the choice o f remedy or remedies for Subdivider’s breach shall be in the discretion of the City. Additionally, any remedy specifically provided in this Agreement shall be in addition to, and not exclusive of, City’s right to pursue any other administrative, legal, or equitable remedy to which it may by entitled.
8.4. Attorney’s Fees and Costs . In th e event that Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay all cos ts and expenses incurred by City in securing performance of such obl igations, including costs of suit and reasonable attorney’s fees. In the e vent of any dispute arising out o f Su bdivider’s performance of its obligations under this Agreement or under any o f the Security Instruments referenced herein, the prevailing party i n such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney ’s fees and costs. Such attorney’s fees and cost shall include fee s and costs on any appeal, and in addition a party entitled to attor ney’s fees and costs shall be entitled to all other reasonable costs incur red in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other nece ssary and related costs with respect to the litigation. All such fee s and costs shall be deemed to have 01225.0006/366470.2
13 accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment.
8.5. Waiver. No waiver by the City of any breach or default by the Subdivider shall be considered valid unless in writing, and no such waiver by the City shall be deemed a waiver of any subsequent breach or default by the Subdivider.
9. Indemnity/Hold Harmless . City or any officer, employee or agent thereof shall not be liable for any injury to persons or property o ccasioned by reason of the acts or omissions of Subdivider, its agents, em ployees, contractors and subcontractors in the performance of this Agreement. Subdivider further agrees to protect , defend, indemnify and hold harmless City, its officials, boards an d commissions, and members thereof, agents, and employees from any and all claims, demands, causes of actio n, liability or loss of any sort, because of, or arising out of, acts or omission s of Subdivider, its agents, employees, contractors and subcontracto rs 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 al l claims, demands, causes of action, liability or loss because of or arisi ng out of, in whole or in part, t he design or construction of the improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said Subd ivision, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequ ence of the diversion of waters from the design and construction of public drainage systems, streets and other improvements.
Recordation of th e Notice of Acceptance by the Cit y of the Works of Improvements shall not constitute an assumption by the City of any responsibility for any damage or taking covered by this Section. City shall not be responsible for the design or construction of the prope rty to be dedicated or the improvements pursuant to the approved improvement p lans or map, regardless of any negligent action or inaction taken by the City in approving the plans or map, unless the particular improvement design was specifically required by City over written objection by S ubdivider submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvem ent design was dangerous or defective and suggested an alternative safe and feasible design.
After recordation of the Notice of Acceptance , the Subdivider shall remain obligated to eliminate any latent defect in design or dangerous condition caused by the design or construction defect for a period of one (1) year ; however, Subd ivider shall not be responsible for routine maintenance. It is the intent of this section that Subdivider shall be responsible for all liability for design and construction of the im provements installed or work do ne pursuant to this Agreement and that City shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving or reviewing any work or construction. The improvement security shall not be required to cover the provisions of this Paragraph.
Subdivider shall reimburse t he City for all costs and expenses, i ncluding but not limited to fees and charges of architects, engineers, attorneys, and other professionals, and court costs, incurred by City in enforcing this Section.
01225.0006/366470.2
14 10. Subdivider’s Indemnity of Project Approval. Subdivider shall defend, indemnify, and hold harmless the City and its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employ ees to attack, set aside, void, or annul, an approval of the City, adv isory agency, appeal board, or legisl ative body concerning the Subdivision. The City shall promptly notify the Subdivider of any claim, action, or proceeding and cooperate fully in the d efense of any such claim, actio n, or proceeding. In the event City fai ls to promptly notify the Subdivider of any claim, action, or proceeding, or if the City fails to cooperate in the defense, the Subdivider shall not thereafter be responsible to defend, indemnify, or hold harmless the City. Nothing in this Section prohibit s the Ci ty from participating in the defense of any claim, action, or proceeding if City bears its own attorney ’s fees and costs and defends the action in good faith. Subdivider shall no t be required to pay or perform any settlement unless the settlement is approved by the Subdivider.
11. Insurance Requirements. Subdivider, at Subdivider’s sole cost and expense and for the full term of this Agreement and any extensions thereto, shall obtain and maintain all of the following minimum insurance requirements in a form approved by the City’s authorize d designee for Risk Management prior to commencing any work:
(a) Commercial General Liability policy with a minimum $1 million combined single limit for bodily injury and property dam age providing all of the following minimum coverage without deductibles:
(i) Premises operations; including X, C, and U coverage; (ii) Owners’ and contractors’ protection;
(iii) Blanket contractual;
(iv) Completed operations; and
(v) Products.
(b) Commercial Business Auto policy w ith a minimum $1 million combined single li mit for bodily injury and propert y da mage, providing all of the following minimum coverage without deductibles:
(i) Coverage shall apply to any and all leased, owned, hired, or non - owned vehicles used in pursuit of any of the activities associated with this Agreement; and
(ii) Any and all mobile equipment including cranes which are not covered under the above Commercial Business Auto policy shall have said coverage provided under the Commercial General Liability policy. (c) Workers Compensation and Employers ’ Liability policy in accordance with the laws of the State of California and providing coverage for any and all employees of the Subdivider:
01225.0006/366470.2
15 (i) This policy shall provide coverage for Workers ’ Compensation (Coverage A); and
(i) This policy shall provide coverage for $1,000,000 Employers’ Liability (Coverage B).
(ii) Pursuant to Labor Code section 1861, Subdivider by executing this Agreement certifies: “I am aware of the provisions of Section 3700 of the Labor Code which requires eve ry employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract.”
(iii) Prior to commencement of work, the Subdivi der shall file with the City’s Risk Manager a Certificate of Insurance or certification of permission to self -insure workers ’ compensation conforming to the requirements of the Labor Code.
(d) Endorsements. All of the fo llowing endorsements are required to be made a part of each of the above-required policies as stipulated below:
(i) “The City of Chino, its officers, employees and agents are hereby added as additional insureds.”
(ii) “This policy s hall be considered primary insu rance with respect to any other valid a nd c ollectible insurance the City may possess, including any self- insured retention the City may have and any other insurance the City does possess shall be considered excess insurance only.”
(iii) “This insurance shall a ct for each insured and additional insu red as though a separate policy has b een written for each. This, however, will not act to increase the limit of the insuring company.” (iv) “Thirty (30) days prior written notice of cancella tion shall be given to the City of Chino in the event of cancellation and/or r eduction in coverage, except that ten (10) days prior written notice shall apply in the event of cancellation for non -payment of premium. ” Such notice shall be sent to the Risk M anager at the address indicated in Subsection f below.
(v) Subsection d(i v) h ereinabove “Cancellation Notice ” is t he only endorsement required of the Workers’ Compensation and Employers’ Liability policy.
01225.0006/366470.2
16 (e) Admitted Insurers. All insurance companies providing insurance to the Subdivider und er this Agreement shall be admitted to transact the business of insurance by the California Insurance Commissioner.
(f) Proof of Coverage. Copies of all required endorsements shall be attached to the Certificate of Insurance whi ch shall be provided by the Sub divider’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 ded ications or Works of Improvemen t by City, Subdivider shall provide Cit y with a written warranty in a form substantially similar to Exhibit “C” attached hereto and incorporated herein by reference, that:
(a) Neither the property to be dedicated nor Subdivider are in violation of any environmental law, and neither the property to be dedicated nor the Subdivider are subject to any existing, pending or threatened investigation by any federal, state or local governmental authority under or in connection with the environmental laws relating to the property to be dedicated. (b) Neither Subdivider nor any other person with Subdivider’s permission to be upon the property to be dedicated shall use, generate, manufacture, produce, or release, on, under, or about the property to be dedicated, any Hazardous Substance except in compliance with al l 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 h ealth, safety or property, incl uding all those materials and substance s de signated 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 th e California Code of Regulations, Div ision 4, Chapter 30, as the same shall be amended from time to time, or any other materials requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies. (c) Subdivider has not cause d or permitted the release of and has no knowledge of the release or presence of any Hazardous Substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. (d) Subdivider’s prior and present use of the property to be dedicated has not resulted in the release of any hazardous substance on the property to be dedicated.
01225.0006/366470.2
17 12.2. Subdivider shall give prompt written notice to City of:
(a) Any proceeding or investigation by any federal, state or local governmental (b) authority with respect to the presence of any hazardous substance on the property to be dedicated or the migration thereof fro m or to any other property adjacent to, or in the vicinity of, the property to be dedicated. (c) Any claims ma de o r threatened by any third party against City or the property to be dedicated relating to any loss or injury resulting from any hazardous substance; and
(d) Subdivider’s discover y of any occurrence or condition on any property adjoining or in the vicinity of the property to be dedicated that could cause the property to be dedicated or any part thereof to be subject to any restrictions on its ownership, occupancy, use for the purpose for which it is intended, transferability or suit under any environmental law.
13. General Provisions.
13.1. Successors and Assigns . This Agreement shall be binding upon all successors and assigns to Subdivider ’s right, title, and in terest in and to the Property and any portion thereof. Subdivider h ereby co nsents to City recording this Agreement as official records of San Bernardino County, affecting fee title interest to the Property to provide constructive notice of the rights and obligations incurred by Subdivider in the City’s approval of this Agreement. In the event the Property is subsequently conveyed by Subdivider to a third party prior to completion of the Works of Improvement, whereby the third party is intended to assume Subdivider’s responsibilities with regard to this Agreement, (the “Replacement Subdivider ”), the rights and obligations of this Agreement shall transfer to the Replacement Subdivider; however, the Security Instruments required pursuant to Section 4 of this Agreement, and furnished by S ubdivider as a condition of the City ’s approval of this Agreement, shall remai n Subdivider’s responsibility to maintain until such time as Subdivider and its Replacement Subdivider enter into a Transfer and Assignment of Subdiv ision Agreement, (the “Transfer Agreement”), to acknowledge the tran sfer of fee title to the Property from the Subdivider to its Replacement Subdivider, and to acknowledge the rights and obligations associated with this Agreement upon the Replacement Subdi vider, including Replacement Subdivider’s responsibility to furnish replacement Security Instruments meeting the City’s approval pursuant to Section 4 of this Agreement. Until such time as a Transfer Agreement, meeting the City ’s approval, is executed by Subdivider and its Replacemen t Subdivider, and replacement Security Instruments meeting City ’s approval are furnished by the Replacement Subdivider, Subdivider retains sole responsibility for maintaining all Security Instruments required pursuant to Section 4 of this Agreement.
13.2. No Thi rd-Party Beneficiaries . This Agreement is i ntended to benefit only the parties hereto and their respective successors and assigns. Neither City nor Subdiv ider intend to create any third -party beneficiary rights in this Agreemen t in any contractor, subcontr actor, member of the general public, or other person or entity. 01225.0006/366470.2
18 13.3. No Vesting Rights. Performance by the Subdivider of this Agreement shall not be construed to vest Subdivider ’s rights with respect to any change in any zoning or b uilding law or ordinance.
13.4. Subdivider is Not Agent of City. Neither S ubdivider nor Subdivider ’s agents, contractors, or subcontractors are agents or contractors of the City in connection with the performance of Subdivider’s obligations under this Agreement.
13.5. Time of the Essence. Time is of the essence of Subdivider’s performance of all of its obligations under this Agreement.
13.6. Notices. Unless otherwise specified in this Agreement, all notices required or provided for under this Agreement shall be in writing an d delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice sh all be effective on the date is delivered in person, or, if mailed, on the date of deposit in the United States Mail.
Notice shall be provided to the persons listed on Pages 1 an d 2 of this Agreement by the parties for this purpose.
Either party may provide a new designated representative and/or address by written notice as provided in this Section.
13.7. No Apportionment. Nothing contained in this Agreement shall preclude City from expending monies pursuant to agreements co ncurrently or previously executed betwe en the parties, or from entering into agreements with other subdividers for the apportionment of costs of water and sewer mains, or other improvement s pursuant to the provisions of the City ordinances providing, therefore. Nor shall anything in the Agreement commit City to any such apportionment.
13.8. Severability. I f any portion of this Agreement is held invalid by a court of competent jurisdiction, the re mainder of the Agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.
13.9. Captions. The captions of this Agreement are for convenience and reference only and shall not be used in the interpretation of any provision of this Agreement.
13.10. Incorporation of Recitals. The recitals to this Agreement are hereby incorporated into the terms of this Agreement.
13.11. Interpretation. This Agreement shall be interpreted in accordance with the laws of the State of California.
13.12. Entire Agreement; Waiv ers and Amendments . This Agreement inte grates a ll of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to all or part of t he subject matter hereof, exce pt as may be expressly provided herein. All waivers of the provisions of this Agreement must be in writing and signed by an authorized representative of the party to be charged, and all amendments hereto must be in writing and signed by the appropriate representatives of both parties.
01225.0006/366470.2
19 13.13. Counterparts. This Agreement may be executed in one or more counterparts, all of which taken together shall be deemed one original.
14. Authority. The persons executing this Agreement on behalf of the parties warrant the (I) party is duly organized and existing, (ii) t hey are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreeme nt, and (iv) the entering into of this Agreement does not violate any provisions of any other agreement to which said party is bound. [SIGNATURES ON NEXT PAGE]
01225.0006/366470.2
20 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: APPROVED AS TO CONTENT:
___________________________ _____________________________ Fred Galante, City Attorney Hye Jin Lee, P.E.
Director of Public Works
UTR COLLEGE PARK LLC
By:
Name: Henry Hong
Title: Authorized Agent
CITY OF CHINO
Dr. Linda Reich, City Manager
Date:
ATTEST:
By
Natalie Gonzaga, City Clerk
Dated: ___________________________
01225.0006/366470.2
01225.0006/366470.2 A-1
EXHIBIT “A”
LOCATION MAP
01225.0006/366470.2 B-1 E
XHIBIT “B”
TENTATIVE PARCEL MAP NO. 20348 WORKS OF IMPROVEMENT
A. Removal of undesirable, dangerous and dead plant materials and roots.
B. All onsite and offsite grading as specified on the approved grading plan.
C. Relocation of all public utility structures as necessary to properly construct the required improvements.
D. Storm drain facilities as required and shown on the approved construction plans and in accordance with City Standards.
E. Sanitary sewers constructed as shown on the approved, engineered plans and in accordance with City Standards.
F. Water mains, valves, hydrants, services, meters and appurtenances to serve each lot as shown on the approved construction plans and in accordance with City Standards.
G. Underground installation of all electrical, telephone, cable television and any other energy or communication lines that abut or are within the project site.
H. A street lighting system (City-owned) in accordance with City Standards.
I. Disposal of all rocks and debris located within any public right-of-way within said development or on the boundary streets thereof.
J. Installation of concrete curbs, gutters, sidewalks, cross gutters, driveways and intersections as shown on approved construction plans and in accordance with City Standards.
K. Installation of asphalt concrete or Portland Cement Concrete street pavement on base material as shown on approved construction plans and in accordance with City Standards.
L. Street signs at intersections per the City Standards.
M. Installation of approved landscaping (plants and materials).
N. Setting monuments as required by the State Code.
The Subdivider shall also perform all work and furnish all materials necessary, in the opinion of the Director of Public Works or his/her 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.
` RESOLUTION NO. 22-007
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PL- 21-0028 - OFF-SITE IMPROVEMENT
LOCATION : OAKS AVENUE AND NOTRE DAME AVENUE
By: SEABOARD ENGINEERING COMPANY
DATE: 1/25/2024
Quantity PS Item Unit
Price
Total Cost
Per Item
6 EA Tree Removal $ 800.00 $4,800.00
43 CY Concrete Removal $ 325.00 $13,975.00
24 CY AC Pavement Removal $ 100.00 $2,400.00
CY Imported Common Fill (Incl. Compaction) $ 34.00 $0.00 SF Preparation of Subgrade, Sidewalk and Paving $ 1 .00 $0.00 0 LF PCC 8" Curb & 24" Gutter on 6" AB $ 26.00 $0.00 319 LF PCC 6" Curb & 24" Gutter on 6" AB $ 24.00 $7,656.00 LF PCC Curb Only $ 20.00 $0.00
LF 8" A.C. Berm $ 20.00 $0.00
SF 8" PCC Cross Gutter on 6" AB $ 16.00 $0.00 2430 SF 4" PCC Sidewalk $ 5.80 $14,094.00 0 SF 6" PCC Thick Drive Approach on 6" AB $ 12.50 $0.00 2430 SF 8" PCC Thick Drive Approach on 6" AB $ 15.00 $36,450.00 LF 2" x 6" Redwood Header $ 7.50 $0.00
4 EA Street Sign and Post $ 475.00 $1,900.00
EA Traffic Sign and Post $ 400.00 $0.00
EA Reflector Sign and Post $ 175.00 $0.00
5 EA Painted Legend $ 6.50 $32.50
760 SF Prime or Tack Coat $ 0.08 $60.80
14 TON AC Variable - <300T $ 130.00 $1,820.00 TON AC Variable - >300T $ 120.00 $0.00
30 TON CAB Variable - <300T $ 100.00 $3,000.00 TON CAB Variable - >300T $ 90.00 $0.00
$86,188.30
STREETS
EngCostEstimate Page 1 of 10 Effective Date: January 1, 20 22 ` RESOLUTION NO. 22-007
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PL- 21-0028
LOCATION : OAKS AVENUE AND NOTRE DAME AVENUE
By: SEABOARD ENGINEERING COMPANY
DATE: 1/25/2024
Quantity Unit Item Unit
Price
Total Cost
Per Item
1 EA Adjust Sewer Manhole to Grade $ 950.00 $950.00 EA Adjust Sewer Cleanout to Grade $ 500.00 $0.00 EA Adjust Water Valve and Can to Grade $ 525.00 $0.00 2 EA Street Light (City Owner) $ 7,700.00 $15,400.00 0 EA Electrical Pedestal $ 6,500.00 $0.00
21 EA Lot Monument Setting Fee $ 550.00 $11,550.00 320 LF Sawcut A.C. $ 3.00 $960.00
LF Sawcut Concrete $ 3.00 $0.00
SF Cold Plane A.C. 2" Thick $ 0.28 $0.00
0 LF Signing & Striping for $0.00
Arterial $ 19.00 $0.00
1067 LF Collector $ 13.00 $13,871.00
Local $ 7.00 $0.00
EA Traffic Signal (8 - Phase Controller) $ 350,000.00 $0.00 EA Modify existing Traffic Signal per Quadrant $ 75,000.00 $0.00 LF Chain Link Fence $0.00
4 foot Residential Grade (Add $7.00/LF for Removal
of Existing Fence) $ 25.00 $0.00
0L F 6 foot School fence (Add $9.00/LF for Removal of
Existing Fence) $ 35.00 $0.00
EA Utility Poles $0.00
Transmission $ 11,500.00 $0.00
Distribution $ 8,000.00 $0.00
0E A Service $ 3,000.00 $0.00
$42,731.00
STREETS
EngCostEstimate Page 2 of 10 Effective Date: January 1, 20 22 ` RESOLUTION NO. 22-007
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PL- 21-0028
LOCATION : OAKS AVENUE AND NOTRE DAME AVENUE
By: SEABOARD ENGINEERING COMPANY
DATE: 1/25/2024
Quantity Unit Item Unit
Price
Total Cost
Per Item
SF
Landscape (Including shrubs, Hardscape, Irrigation, Ground Cover, Lighting, Installation Labor and Connection to Existing $ 15.00 $0.00 LF 14 foot Median with Landscape, Irrigation, Lighting, Hardscape, Curb, Gutter & Pavement $ 300.00 $0.00 Rail Road Crossing $0.00
LS Safety Equipment (Complete Including Crossing
Gates, Signs, and Lights) $ 500,000.00 $0.00
SF Track Crossing (Concrete) $ 175.00 $0.00
0 SF Approach $ 4.00 $0.00
2 EA S.W. Ramps (A.D.A. Compliant) $ 4,000.00 $8,000.00 EA Traffic Signal Loops $ 600.00 $0.00
$8,000.00
STREET SUBTOTAL $136,919.30
LS Mobilzation (5% of Construction Cost) 5% $6,845.97
LS Traffic Control (5% of Construction Cost) 5% $6,845.97 LS Clear & Grub Site (5% of Construction Cost) 5% $0.00 LS Excavation (Clean Material) (5% of Construction Cost) 5% $0.00 $150,611.23
STREETS
STREETS
GRAND TOTAL STREETS ONLY $ +208,587.96 EngCostEstimate Page 3 of 10 Effective Date: January 1, 20 22 ` RESOLUTION NO. 22-007
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PL- 21-0028
LOCATION : OAKS AVENUE AND NOTRE DAME AVENUE
By: SEABOARD ENGINEERING COMPANY
DATE: 1/25/2024
Quantity Unit Item Unit
Price
Total Cost
Per Item
100 LF Trench Support/Shoring (6 foot depth) $ 15.00 $1,500.00 100 CY Pipe Bedding & Compaction (Imported) $ 90.00 $9,000.00 LF 6" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration $ 80.00 $0.00 100 LF 8" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration. $ 100.00 $10,000.00 LF 12" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration $ 135.00 $0.00 LF 18" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration $ 175.00 $0.00 LF Removal, Disposal of ACP and Backfill $ 150.00 $0.00 2 EA 6" Gate Valve $ 2,000.00 $4,000.00
2 EA 8" Gate Valve $ 2,600.00 $5,200.00
EA 12" Gate Valve $ 4,500.00 $0.00
EA 18" Gate Valve $ 7,500.00 $0.00
2 EA Fire Hydrant Assembly per City Std. $ 7,500.00 $15,000.00 EA Blow-off Assembly 4" per City Std. $ 8,600.00 $0.00 EA 2" Air Relief Assembly $ 4,500.00 $0.00
2 EA 1" Water Service/Meter $ 3,500.00 $7,000.00 0 EA 2" Water Service/Meter $ 4,500.00 $0.00
2 EA 3" Water Service/Meter $5,500.00 $11,000.00
WATER SUBTOTAL $62,700.00
LS Mobilzation (5% of Construction Cost) 5% $3,135.00
LS Traffic Control (5% of Construction Cost) 5% $3,135.00 $68,970.00
WATER
WATER
GRAND TOTAL WATER ONLY $ EngCostEstimate Page 4 of 10 Effective Date: January 1, 20 22 ` RESOLUTION NO. 22-007
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PL- 21-0028
LOCATION : OAKS AVENUE AND NOTRE DAME AVENUE
By: SEABOARD ENGINEERING COMPANY
DATE: 1/25/2024
Quantity Unit Item Unit
Price
Total Cost
Per Item
58 LF Trench Support/Shoring (6 foot depth) $ 15.00 $870.00 CY Pipe Bedding (Imported) $ 90.00 $0.00
LF 6" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration $ 80.00 $0.00 LF 8" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration. $ 100.00 $0.00 LF 12" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration $ 135.00 $0.00 LF 18" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration $ 175.00 $0.00 EA 6" Gate Valve $ 2,000.00 $0.00
EA 8" Gate Valve $ 2,600.00 $0.00
EA 12" Gate Valve $ 4,500.00 $0.00
EA 18" Gate Valve $ 7,500.00 $0.00
EA Fire Hydrant Assembly per City Std. $ 7,500.00 $0.00 EA Blow-off Assembly 5" per City Std. $ 8,600.00 $0.00 EA 2" Air Relief Assembly $ 4,500.00 $0.00
EA 1" Water Service/Meter $ 3,500.00 $0.00
2 EA 2" Water Service/Meter $ 4,500.00 $9,000.00 1 RECYCLED WATER SUBTOTAL $9,870.00 $9,870.00
9870 LS Mobilzation (5% of Construction Cost) 5% $493.50 9870 LS Traffic Control (5% of Construction Cost) 5% $493.50 $10,857.00
GRAND TOTAL RECYCLED WATER ONLY $ -
RECYCLED WATER
RECYCLED WATER
EngCostEstimate Page 5 of 10 Effective Date: January 1, 20 22 ` RESOLUTION NO. 22-007
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PL- 21-0028
LOCATION : OAKS AVENUE AND NOTRE DAME AVENUE
By: SEABOARD ENGINEERING COMPANY
DATE: 1/25/2024
Quantity Unit Item Unit
Price
Total Cost
Per Item
30 LF Trench Support/Shoring $ 15.00 $450.00 20 LF 6" Installed, including excavation, bedding, backfill and pavement restoration $85.00 $1,700.00
0 LF 8" Installed, including excavation, bedding, backfill and pavement restoration $93.00 $0.00
LF 10" Installed, including excavation, bedding, backfill and pavement restoration $103.00 $0.00
LF
12" Installed, including excavation, bedding, backfill and pavement restoration $123.00 $0.00
LF 15" Installed, including excavation, bedding, backfill and pavement restoration $143.00 $0.00
LF 18" Installed, including excavation, bedding, backfill and pavement restoration $163.00 $0.00
LF 21" Installed, including excavation, bedding, backfill and pavement restoration $193.00 $0.00
LF
24" Installed, including excavation, bedding, backfill and pavement restoration $208.00 $0.00
1 EA Sewer Saddle $450.00 $450.00
EA Wyes 4" x 8" Typical $225.00 $0.00
EA 48" Sewer Manhole $4,700.00 $0.00
0 EA 60" Sewer Manhole $7,500.00 $0.00
0 EA Sewer Cleanout $1,800.00 $0.00
1 EA Sewer manhole base modification $5,000 5000
SEWER SUBTOTAL $7,600.00
LS Mobilization (5% of Construction Cost) 5% $380.00
LS Traffic Control (5% of Construction Cost) 5% $380.00 $8,360.00
SEWER
SEWER
GRAND TOTAL SEWER ONLY $ EngCostEstimate Page 6 of 10 Effective Date: January 1, 20 22 ` RESOLUTION NO. 22-007
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PL- 21-0028
LOCATION : OAKS AVENUE AND NOTRE DAME AVENUE
By: SEABOARD ENGINEERING COMPANY
DATE: 1/25/2024
Quantity Unit Item Unit
Price
Total Cost
Per Item
LF 24" X 36" C.M.P.A. (10 Gauge) $ 230.00 $0.00 LF 27" x 43" C.M.P.A (10 Gauge) $ 250.00 $0.00 EA Storm Drain Manhole #1 $ 10,000.00 $0.00
EA Junction Structure #2 (24" or larger) $ 8,850.00 $0.00 0 EA Junction Structure #4 (24" or smaller) $ 4,000.00 $0.00 EA Outlet Structure $ 7,000.00 $0.00
EA Catch Basin 3.5' Width $ 7,200.00 $0.00
EA Catch Basin 7' Width/L.D. $ 7,900.00 $0.00
EA Catch Basin 10' Width/L.D. $ 9,950.00 $0.00
EA Catch Basin 14' Width/L.D. $ 11,000.00 $0.00
EA Catch Basin 21' Width/L.D. $ 13,000.00 $0.00
LF 18 inch RCP Installed, including excavation, bedding, backfill and pavement restoration $ 200.00 $0.00 LF 24 inch RCP Installed, including excavation, bedding, backfill and pavement restoration $ 240.00 $0.00 LF 27 inch RCP Installed, including excavation, bedding, backfill and pavement restoration $ 260.00 $0.00 LF 30 inch RCP Installed, including excavation, bedding, backfill and pavement restoration $ 280.00 $0.00 LF 33 inch RCP Installed, including excavation, bedding, backfill and pavement restoration $ 295.00 $0.00 LF 36 inch RCP Installed, including excavation, bedding, backfill and pavement restoration $ 310.00 $0.00 LF 39 inch RCP Installed, including excavation, bedding, backfill and pavement restoration $ 320.00 $0.00 LF 42 inch RCP Installed, including excavation, bedding, backfill and pavement restoration $ 330.00 $0.00 LF 45 inch RCP Installed, including excavation, bedding, backfill and pavement restoration $ 360.00 $0.00 LF 48 inch RCP Installed, including excavation, bedding, backfill and pavement restoration $ 385.00 $0.00 LF 54 inch RCP Installed, including excavation, bedding, backfill and pavement restoration $ 440.00 $0.00 LF 60 inch RCP Installed, including excavation, bedding, backfill and pavement restoration $ 500.00 $0.00
STORM DRAIN
EngCostEstimate Page 7 of 10 Effective Date: January 1, 20 22 ` RESOLUTION NO. 22-007
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PL- 21-0028
LOCATION : OAKS AVENUE AND NOTRE DAME AVENUE
By: SEABOARD ENGINEERING COMPANY
DATE: 1/25/2024
Quantity Unit Item Unit Total Cost
STORM
DRAIN
LF 66 inch RCP Installed, including excavation, bedding, backfill and pavement restoration
$
560 00 $0.00
LF 72 inch RCP Installed, including excavation, bedding, backfill and pavement restoration
$
625 00 $0.00
LF 78 inch RCP Installed, including excavation, bedding, backfill and pavement restoration
$
690 00 $0.00
LF 84 inch RCP Installed, including excavation, bedding, backfill and pavement restoration
$
765 00 $0.00
LF 90 inch RCP Installed, including excavation, bedding, backfill and pavement restoration
$
830 00 $0.00
LF 96 inch RCP Installed, including excavation, bedding, backfill and pavement restoration
$
920 00 $0.00
LF 102 inch RCP Installed, including excavation, bedding, backfill and pavement restoration
$
1 000 00 $0.00
LF 108 inch RCP Installed, including excavation, bedding, backfill and pavement restoration
$
1 075 00 $0.00
LF 7' x 6' RCB Installed, including excavation, bedding, backfill and pavement restoration
$
700 00 $0.00
LF 7' x 8.5' RCB Installed, including excavation, bedding, backfill and pavement restoration
$
820 00 $0.00
LF 7' x 9.5' RCB Installed, including excavation, bedding, backfill and pavement restoration
$
870 00 $0.00
LF 8' x 11' RCB Installed, including excavation, bedding, backfill and pavement restoration
$
1 000 00 $0.00
LF 8' x 13' RCB Installed, including excavation, bedding, $ $0.00 LF 9' x 9' RCB Installed, including excavation, bedding, backfill and pavement restoration
$
1 000 00 $0.00
LF 9' x 12' RCB Installed, including excavation, bedding, backfill and pavement restoration
$
1 100 00 $0.00
LF 4' x 6' RCB Installed, including excavation, bedding, backfill and pavement restoration
$
680 00 $0.00
STORM DRAIN SUBTOTAL $0.00
LS Mobilization (5% of Construction Cost) 5% $0.00
LS Traffic Control (5% of Construction Cost) 5% $0.00
$0.00
STORM DRAIN
GRAND TOTAL STORM DRAIN ONLY $ $8,800.00 EngCostEstimate Page 8 of 10 Effective Date: January 1, 20 22 ` RESOLUTION NO. 22-007
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PL- 21-0028
LOCATION : OAKS AVENUE AND NOTRE DAME AVENUE
By: SEABOARD ENGINEERING COMPANY
DATE: 1/25/2024
Quantity Unit Item Unit
Price
Total Cost
Per Item
DIRECT COSTS GRAND TOTAL STREETS ONLY $150,611.23
GRAND TOTAL WATER ONLY $68,970.00
GRAND TOTAL RECYCLED WATER ONLY $10,857.00
GRAND TOTAL SEWER ONLY $8,360.00
GRAND TOTAL STORM DRAIN ONLY $0.00
GRAND TOTAL (FOR PLAN CHECK & INSPECTION FEE
DETERMINATION) $238,798.23
Project Contingencies 10% $ 23,879.82
Construction Staking 3% $ 7,163.95
Soils Testing 1% $2,387.98
Material Testing 1% $0.00
Construction Inspection 4.8% $0.00
Contract Administration 1% $0.00
GRAND TOTAL (FOR BOND AMOUNTS) $272,229.98
PROJECT ADDITIVES
EngCostEstimate Page 9 of 10 Effective Date: January 1, 20 22 ` RESOLUTION NO. 22-007
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PL- 21-0028
LOCATION : OAKS AVENUE AND NOTRE DAME AVENUE
By: SEABOARD ENGINEERING COMPANY
DATE: 1/25/2024
Quantity Unit Item Unit Total Cost
BY ENGINEER
Prepared By: MARITES A. DIZON
R.C.E. Number: 61180
Expiration: 6/30/2025
Place R.C.E. Stamp and Signature Here (required)
$ -
$ -
$ -
BY CITY
Faithful Performance Bond (100% of Construction Cost) Labor & Material Bond (50% of Construction Cost) Warranty Bond (10% of Construction Cost) EngCostEstimate Page 10 of 10 Effective Date: January 1, 2 022 01225.0006/366470.2 C-1
EXHIBIT “C”
TENTATIVE PARCEL NO. 20348
UTR COLLEGE PARK 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-2
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 un der penalty of perjury that the foregoing is true and correct.
Dated: _________________________
UTR COLLEGE PARK LLC
By:
*Proof of authorization for Subdivider’s signatures is required to be submitted concurrently with this environmental warranty.