Chino City Council
March 19, 2024

01225.0005/940916.1
D. Public (P). The purpose of this district is to provide loc ations for uses that support government, civic, cultural, recreational, health and infrastru cture aspects of the community, such as public educational institutions, community and group meeting centers, fire stations, cemeteries and l ibraries. This district also accommodates large-scale public facilities such as storm water detention/retention facilities , water trea tment plants, solid waste transfer stations, recycling facilities, multi-modal facilities, transit station, corporation yards, cemeteries, and landfill sites.

E. Public School (PS). The purpose of this district is to provide locations for public schools to serve Chino residents.

Section 3. Table 20.08-1 is hereby amended, adding the classifications for “Temporary Commercial Recreation” as permitted with the approval of a Special Conditional U se Permit, to read as follows (added text in red):

Chapter 20.08 – Agricultural, Open Space, and Public Zoning Districts

20.08.030 – Use Regulations

Table 20.08-1 Land Use Regulations for Agricultural, Open Space, and Public Zoning Districts Uses
Zoning District Additional
Regulations AG OS1 OS2 P PS
Recreational Uses
Commercial Recreation ■ C ■ ■ ■
Temporary Commercial
Recreation Facility C [1] ■ C [1] ■ ■ 20.12.020.C.2.

Fairgrounds ■ C ■ C ■
Golf Courses ■ C C C ■
[1] Excludes any property within the City that is subject to a specific plan.

Section 4. Section 20.24.020 (T) is hereby revised to add a def inition of “Temporary commercial recreation facility,” which shall be added in alphabetical order (added text in red):

T. Definitions, “T”

Temporary commercial recreation facility. Any establishment that provides entertainment activities or services on a temporary basis, that may have a fee or admission charge , including miniature golf courses, sports clubs, outdoor inf latable theme pa rks and obstacle courses, amphitheaters, parking lots and other uses of like kind or character. Facilities oper ated by a public agency are not included in this definition.

Section 5. The City Council finds that this Ordinance is ex empt from the California Environmental Quali ty Act (CE QA) under CEQA Guidelin es Section 15061(b)(3), Common Sense Exemption, in that it can be s een with certainty that there is no poss ibility for this action to have a significant effect on the environment, and individual development applications will be reviewed under CEQA as they are proposed.
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Ordinance No. 2024-004

01225.0005/940916.1
Section 6. Severability.

If an y s ection, su bsection, sentence, c lause, p hrase, or p ortion of this Ordinance, or the application thereof to any per son or circumstances, is, for an y reaso n, h eld inv alid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or application, and to this end the provisions of this ordinance are declared t o be severable. Th e City Council her eby d eclares that it would have adopte d this ordinance and each se ction, subsection, sentence, clause, phrase, pa rt or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional.

Section 7. This Ordinance shall be in full f orce and effect thirty ( 30) days after its second reading and adoption.

Section 8. Certification. The City Clerk of the City of Chino shall certify to the passage and adoption of this Ordinance and shall cause the same to b e published in the Chino Champion, a newspaper of genera l circulation, within said Ci ty in acc ordance with the provisions of t he Government Code.

PASSED, APPROVED AND ADOPTED THIS 2ND DAY OF APRIL 2024.

By:

EUNICE M. ULLOA, MAYOR

ATTEST:

By:

NATALIE GONZAGA, CITY CLERK

229
Ordinance No. 2024-004

01225.0005/940916.1

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) §

CITY OF CHINO )

I, Natalie Gonzaga, City Clerk of t he City of Chino do h ereby certify that the foregoing Ordinance of the City of Chino was duly adopted by said City Council at a regular meeting held on the 2nd day of April 2024 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

By:

NATALIE GONZAGA, CITY CLERK
230
231

MEMORANDUM

CITY OF CHINO

FINANCE DEPARTMENT

CITY COUNCIL MEETING DATE: MARCH 19, 2024

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

SUBJECT
..titl e
Fiscal Year 2023-24 Mid-Year Financial Review.

..end

RECOMMENDATION
..recommendation
1) Receive and file the Financial Review Status Report; 2) appropriate $372,000 from the unappropriated reserves of the General Fund, $110,000 from the unappropriated reserves of the Landscape & Lighting District Fund, $20,000 of unappropriated reserves of the Enterprise Funds; $60,000 of unappropriated reserves from the Sewer Lift Station Fund, $550,000 from the unappropriated reserves of the Insurance Liability Fund and $260,500 from the unappropriated reserves of the Building Management Fund; 3) approve contract amendments for Bureau Veritas Technical Assessments, Hinderliter De Llamas & Associates, Data Ticket, Engineering Resources of Southern California, Kimley Horn, PMK Associates, Transtech Engineering, and Z & K Consultants; 4) approve an increase t o the Purchase Orders for Am -Tec Total Security, Anser Advisory Management, Chino Basin Desalter Authority, Dave Bang Associates, Dunn Edwards, E.I. Computer Systems, Ferguson, InfoSend, Inland Empire Utilities Agency (IEUA), Monument ROW, RHA Architects -Landscape, and Tarkett USA; and 5) authorize the City Manager to execute all necessary documents on behalf of the City. ..body

FISCAL IMPACT
Requires an appropriation of $372,000 from the unappropriated reserves of the General Fund; $110,000 from the unappropriated reserves of the Landscape & Lighting District Fund, $20,000 of unappropriated reserves of the Enterprise Funds; $60,000 of unappropriated reserves from the Sewer Lift Station Fund, $550,000 from the unappropriated reserves of the Insurance Liability Fund and $260,500 from the unappropriated reserves of the Building Management Fund. There are sufficient fund balances available for these purposes.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
 Financial Stability
 Responsible Long-Range Planning

Revenue:

Expenditure: See Attached Schedule
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CITY COUNCIL MEETING DATE: MARCH 19, 2024
TITLE: FISCAL YEAR 2023-24 MID-YEAR FINANCIAL REVIEW.

PAGE: 2

Transfer In: Transfer Out:
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CITY COUNCIL MEETING DATE: MARCH 19, 2024
TITLE: FISCAL YEAR 2023-24 MID-YEAR FINANCIAL REVIEW.

PAGE: 3

BACKGROUND
Each year, staff presents to the citizens of Chino and the City Council a financial review of the current fiscal year. This year’s financial review covers the current fiscal year through the end of February 2022, and includes all areas of operation, with an emphasis on the City’s General Fund. Finance staff met with each department to review and analyze both operating revenues and expenditures to evaluate and identify potential changes from the Fiscal Year (FY) 2023 -24 adopted budget.

ISSUES/ANALYSIS
General Fund

The mid-year analysis closely examined the City’s three major revenue sources of Sales Tax, Property Tax, and Development Related Revenue.

Property Tax revenue for FY 2023 -24 is anticipated to be $37.3 million for an increase of $3.0 million over the current budget. The two largest increases are coming from Property Tax In -Lieu of VLF of $900,000 and from RDA Elimination revenues of $700,000. These increases are the result of the sale and or reassessments of numerous large industrial prope rties located in the city. These changes contributed to a total Net Taxable Value increase of 12.8% for FY 2023-24.

Sales Tax revenue for FY 2023-24 is anticipated to be under budget by $2.5 million for a total of $34.5 million. Sales tax receipts across all of California have softened during calendar year 2023. The first three quarters of 2023 in California were down 1.93% year -to-date. San Bernardino County totals for year -to-date 2023 are down 4.70%, with Chino being down 8.56% over the same period. T his softening is largely the result of the Federal Reserve increasing interest rates to reduce inflation, by reducing economy activity.

One-time Development Revenue was budgeted at $11.1 million for FY 2023 -24. Development activity has slowed substantia lly due to higher mortgage interest rates, resulting in anticipated development revenues of only $7.3 million, or $3.8 million under the adopted budget.

Due to the higher interest rates that are impacting Sales Tax and Development Revenue, interest income is anticipated to be $1.2 million higher than the adopted budget. This will help offset some of the aforementioned losses. In total, it is anticipated th at General Fund Revenues will be approximately $1.3 million under budget for FY 2023-24.

All Other Funds

A review of revenues and expenditures in all operating funds was made, measuring them against both the adopted budget amounts, as well as a comparis on of the same time last year.

These operating funds include: Special Revenue, Internal Service, Development Impact Funds, and Enterprise Funds. Revenues and expenditures for these operating funds are within budgeted amounts except as noted below.

Appropriation Adjustments

As part of the financial review of revenues and expenditures, staff has identified areas of operations that changed after the adoption of the FY 2023 -24 Budget. Staff is requesting the following appropriations of revenues and/or expenditures to reflect these changes:
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TITLE: FISCAL YEAR 2023-24 MID-YEAR FINANCIAL REVIEW.

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General Fund
Appropriate $110,000 of expenditures with the Chino Valley Fire District. The City’s contract with the Fire District is based on property taxes received by the City. As indicated previously, property tax rec eipts have increased which has caused a similar increase in the City’s obligation to the Fire District.

Landscape and Lighting Fund
Appropriate $110,000 of expenditures for additional electricity costs for parks and city facilities.

Various Enterprise Funds
Appropriate $20,000 of expenditures for additional monthly processing services for InfoSend, the City’s utility billing service. This expense is allocated to all enterprise funds based on a prorate basis.

Sewer Lift Station Fund
Appropriate $40,000 of expenditures to IEUA for maintenance costs and $20,000 of expenditures to SCE for additional electricity costs.

Liability Insurance Fund
Appropriate $550,000 to Aleshire & Wynder LLP for additional legal expenses for general liability claims.

Building Management Fund
Appropriate $185,000 of expenditures to SCE for additional city building electricity costs.

Appropriate $40,000 for unanticipated repairs to city facilities including the Paseo Del Sol Plaza staircase as well as resealing the skylights at the Police Department building.

Appropriate $25,500 and create a project number for building related repair expenses for the Cultural Arts building (formerly known as the T-Shirt Shop).

Appropriate $10,000 with Am -Tec Total Security for securi ty systems repairs and replacement parts.

Contract Amendments with Appropriations

As part of the financial review of revenues and expenditures, staff has identified the following appropriations requiring contract amendments as they exceed $50,000. Staff is requesting contract amendments and appropriations to reflect these changes:

General Fund
Approve a contract amendment with Bureau Veritas North America , increasing the existing contract by $150,000 to a total of $400,000. This change is requested due to additional plan check services being requested by developers. This cost is offset by additional plan check fees.

Approve a contract amendment with Engineering Resources of Southern California, 235
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increasing the existing contract by $100,000 to a total of $350,000. This change is requested due to additional plan check services being requested by developers. This cost is offset by additional plan check fees.

Approve a contract amendment with Data Ticket increasing the existing contract by $12,000 to a to tal of $104,500. This change is requested for additional processing services for city -wide parking and administrative citations. (Development Services Department).

Contract Amendments without Appropriations
As part of the financial review of revenues and expenditures, staff has identified the following appropriations, requiring contract amendments as they exceed $50,000. Staff is requesting contract amendments to reflect these changes:

General Fund
Approve a contract amendment with Kimley Horn, increasing the existing contract by $75,000 to a total of $105,000. This change is requested due to additional support needed for the Housing Element Certification.

Approve a contract amendment with Hinderliter De Ll amas & Associates, increasing the existing contract by $40,000 to a total of $100,000. This change is requested due to additional audit recovery services.

Approve a contract amendment with PMK Associates, increasing the existing contract by $10,000 to a total of $60,000. This change is requested due to additional traffic plan checking services in the transportation division.

Approve a contract amendment with Data Ticket increasing the existing contract by $12,000 to a total of $104,500. This change is requested for additional processing services for city-wide parking and administrative citations. (Police Department).

Various Funds
Approve a contract amendment with Z & K Consultants, increasing the existing contract by $150,000 to a total of $1,050,000. This change is requested for additional CIP project and construction management services.

Approve a contract amendment with Transtech Engineers, increasing the existing contract by $100,000 to a total of $750,000. This change is requested for addition al CIP Management Services.

Purchase Order Increases
As part of the financial review of expenditures, staff has identified the following purchases to specific vendors that are anticipated to exceed amounts authorized by City Council. These requests inc rease the purchase order only; no additional appropriation is required as these expenditures are within the adopted FY 2023-24 budgeted appropriations:

Vendor

Purpose
Increase
Amount
Total P.O.

Amount
Am-Tec Total Security Purchase of POD cameras/parts
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TITLE: FISCAL YEAR 2023-24 MID-YEAR FINANCIAL REVIEW.

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$50,000 $184,032
Anser Advisory
Management

CIP project management

$50,000

$100,000
Chino Basin Desalter
Authority

Water purchases

$1,045,000

$6,510,000
Dave Bang Associates Park equipment & materials $10,000 $60,000 Dunn Edwards Painting and material supplies
$50,000

$100,000
E.I. Computer Systems POD camera software license $10,000 $60,000 Ferguson Replace batteries $40,000 $90,000
InfoSend Increased mailing inserts $10,000 $215,000
Inland Empire Utilities
Agency

Additional pass-through costs

$580,000

$13,873,985
Monument ROW Additional right-of-way costs $12,000 $62,000 RHA Architects-
Landscaping

Additional design services

$132,920

$732,920
Tarkett USA $13,000 $63,000

CONCLUSION

Property tax and interest income are increasing, which will partially off-set the decreases in both sales tax and development revenues. Total additional appropriations to the General Fund are $372,000 for FY 2023-24; therefore, actual expenditures appear to be on track with the adopted FY 2023-24 budget.

The additional appropriations and contract amendments contained in this staff report will assist staff in continuing to service the needs of the community during this fiscal year.

RB:hm

Attachment: Exhibit 1 Mid-Year 2023-24

237
Exhibit 1
Expenditure Account
Number
Expenditure
Amount
General Fund:

Chino Valley Fire District 1003020-43650 110,000
Data Ticket 1006400-43650 12,000
Bureau Vertias Technical Assessments 1007010-43570 150,000 Engineering Resources of Southern California 1007010-43570 100,000 372,000$
Landscape & Lighting Fund:

Southern California Edison 3607200-43430 110,000$
Enterprise Funds:

InfoSend 5203100-43650 12,200
InfoSend 5303110-43650 3,000
InfoSend 5403120-43650 1,000
InfoSend 5503130-43650 3,800
20,000$
Sewer Lift Station Fund:

IEUA 5317345-43650 40,000
Southern California Edison 5317345-43430 20,000
60,000$
Insurance/Workers Comp:

Aleshire & Wynder LLP 6305010-43500 550,000$
Building Management Fund:

Southern California Edison 6508310-43430 185,000
Unexpected City-wide repairs 6508310-43580 40,000
Cultural Arts Building - Former T-Shirt Shop 6508310-43580 25,500 Am-Tec Total Security 6508310-43585 10,000
260,500$
Totals Expenditure Total 1,372,500$
Net Appropriations 1,372,500$
Summary of Account Codes
238

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: MARCH 19, 2024

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

SUBJECT
..titl e
Final Acceptance of Public Improvements - Tract Map No. 18903 (Meritage Homes of California, Inc.).
..end

RECOMMENDATION
..recommendation
1) Appropriate $1,178,914 to the Storm Drain Fund with a corresponding year-end transfer from the Citywide Storm Drain Development Impact Fee Fund (Fund 255), in the same amount; 2) accept public improvements as complete for Tract Map No. 18903; 3) authorize the release of the performance bond and initiate the warranty bond; 4) approve an immediate reimbursement to Meritage Homes of California, Inc. in the amount of $1,178,914 for the construction of Storm Drain Line 43-1, thus, fulfilling the terms of the Co nstruction Credit/Reimbursement Agreement No. 2020 -136; and 5) authorize the City Manager to execute the necessary documents on behalf of the City.

..body

FISCAL IMPACT
Requires an appropriation of $1,178,914 to the Strom Drain Fund with a corresponding year- end transfer from the Storm Drain Development Impact Fee Fund 255, in the same amount.

There is sufficient fund balance in Fund 255 for this transaction. Additionally, there are sufficient funds included in the City’s Operating Budget to support the ongoing maintenance activities related to the public improvements being accepted .

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

Revenue:

Expenditure: 5407360-43640
Transfer In: 5401000-50002 Transfer Out: 2551000-40002
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CITY COUNCIL MEETING DATE: MARCH 19, 2024
TITLE: FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS - TRACT MAP NO. 18903 (MERITAGE HOMES OF CALIFORNIA, INC.).

PAGE: 2

BACKGROUND
Meritage Homes of California, Inc. ("Meritage") submitted its application to the City to subdivide

12.04 acres into 38 single -family lots within the Residential, 4.5 dwelling units/acre land -use designation. This development is generally located north of Chino Avenue between Pipeline and Norton Avenues "originally" within the City of Chino’s Sphere of Influence ("SOI"), as shown on Exhibit A. On April 18, 2017, the City Council approved an Annexation, Prezone, General Plan Amendment, and Tentative Tract Map for the future development of the project site. The Local Agency Formation Commission (LAFCO) also approved the project with the site officially being annexed into the City on November 29, 2017. Subsequently, the Planning Commission conditionally approved Site Approval PL17-0112 and Tentative Tract Map. No 18903 on August 20, 2018, for the development of 38 single-family homes.

The Conditions of Approval ("COA") required public improvements along the project’s frontage between Pipeline and Norton Avenues north of Chino Avenue as well as in -tract improvements as shown on Exhibit B. These public improvements include curb, gutter, sidewalk, curb ramps, signing & striping, drive approaches, street paving, sewer, and domestic water improvements.

Additionally, Meritage was required to construct storm drain improvements to direct street drainage north of the project site to the proposed master -planned storm drain on Pipeline Avenue. Improvements include pipeline and box conveyance structures, catch basins, connector pipes, and appurtenant structures associated with the improvements required per the COA. These improvements lie within Pipeline Avenue, Denali Lane, Ryan Way, and Rushmore Court right of ways. This storm drain is included in the City’s Ma ster Plan of Drainage specifically referenced as Line 43-1. These public improvements necessitated the execution of a Subdivision Improvement Agreement and the posting securities that were approved by the City Council on July 2, 2019 (Exhibit C).

Typically, facilities included in the Master Plan of Drainage are concurrently included in the City’s Development Impact Fee Nexus and Calculation Report and correlating Master Facilities Plan ("Nexus Report"), which are eligible for Development Impact Fee ("DIF") credit and reimbursement per the City’s Municipal Code Chapter 3.40. Since Line 43 -1 was originally located in the City’s SOI, it was not included in the Nexus Report. Additionally, in the interests of both parties, the City issued a Letter of Commitment to the Developer on March 20, 2019, stating that the Nexus Report will be updated to include Line 43 -1 and that the City agrees to enter into a credit/reimbursement agreement upfront to ensure the timely delivery of the project and to establish order of placement for reimbursement as fund balances become available. The construction credit/reimbursement agreement was approved by the City Council on October 1, 2019 (Exhibit D).

On September 7, 2021, residents in the tract raised concerns regarding the statu s of certain public improvements and requested that the Council add a discussion item regarding these concerns to a future agenda for Council action. Those concerns included standing water along the street gutters, excessive red curb markings, and the loca tion of the community’s mailbox.

The City Council discussed the status of the improvements at the September 21, 2021 meeting, and asked staff to bring an update to the Council. City staff addressed the concerns that were brought forth by the residents and provided the Council with a status update that was received and filed at the October 5, 2021 meeting.

In December 2021, City staff observed minor cracking in the asphalt pavement primarily along 240
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TITLE: FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS - TRACT MAP NO. 18903 (MERITAGE HOMES OF CALIFORNIA, INC.).

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Rushmore Court and Ryan Way. This minor cracking was addre ssed by the developer in the Spring of 2022 at the request of City staff through the application of a slurry seal to the existing asphalt pavement. However, after the application of the slurry seal, City staff received complaints from residents regarding o bserved signs of raveling and disintegration of the pavement. Staff promptly responded to the issues raised by the residents and coordinated with the developer to investigate their concerns.

In January 2023, City staff observed cracking in the newly slurr y-sealed pavement primarily along Rushmore Court and Ryan Way. These new cracks appeared to be more extensive than what was previously observed, which prompted City staff to investigate whether there might be any underlying issues with the integrity of the pavement. City staff investigated the matter with the assistance of its Geotechnical Engineering consultant and had several meetings with the developer’s consultant team. City staff also received the City Council Infrastructure Committee Member Lucio’s feedback on the proposed solution to address the pavement cracking concern at meetings held on July 6, 2023, and September 13, 2023.

ISSUES/ANALYSIS
The concerns raised by the residents regarding the public improvements for this tract have been addressed as summarized below:
 Standing Water
Staff initially recommended two approaches as a solution for the standing water along the Denali Lane and Ryan Way street gutters. The first approach was to remove and replace the existing curb & gutter using a tighter survey control, better formwork construction, and better concrete finishing techniques. The second approach was to replace portions of curb -drain pipe from residential lots with a perforated pipe system wrapped in fabric and clean gravel to allow the percolation of excess irrigation water into the ground in -lieu of discharging into street gutters. This perforated pipe system would be located within the public right of way outside of private property.

While these two approaches could help improve t he standing water situation, staff concluded they would not entirely resolve the drainage issue. The existing curb & gutter was determined to be designed and constructed per approved plans and City standards.

Therefore, its reconstruction wouldn’t signific antly change the existing street gutter slopes. In addition, without regular maintenance being performed by the adjacent homeowners, the accumulation of sediment and debris in curb drains from residential lots would likely clog the perforated pipe system o ver time thus nullifying their intended purpose.

The resident at 4215 Denali Lane had previously raised concerns about standing water in front of their driveway. Staff investigated the concern and determined that the existing street gutter in front of the property had adequate slope to ensure positive drainage per the approved plans. However, staff also determined that the standing water was due to the slowing of nuisance water flow across the driveway resulting from the accumulation of sediment and debris combined with slight variations in the street gutter slope/depression at certain points in front of the property. Staff agreed to help address the concern by requiring the developer to reconstruct a portion of the street gutter along the property frontage to slightly increase the street gutter slope beyond what was specified on the approved plans. The gutter reconstruction work occurred during the 241
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week of February 12, 2024, and was completed to the satisfaction of the resident and staff.
 Red Curb Striping
City staff reviewed and approved a revised signing and striping plan provided by the developer that reduced the number of red curb markings in the tract. The Public Works Department then began removing areas of excess red curb on September 10, 2021, using high -pressure water. During the removal process, concrete patching that was previously applied to address damage from construction activities had begun to crumble and fail. Staff documented these failures and had the developer remove and replace the damaged areas. The Public Works Department then continued with the red curb modifications per the revised signing and striping plan.  Community Mailbox
City staff received complaints from residents regarding the relocation of the community mailbox within the tr act. The community mailbox was initially installed by the developer at an interim location on Rushmore Court, which is near model homes and the first phase of production units but was later relocated to its ultimate location on Denali Lane as part of the t ract buildout. The current location of the community mailbox is centrally located within the tract and was approved by the U.S. Postmaster. City staff has received direction from the Council to investigate the possibility of splitting the existing community mailbox into two or more separate locations that are more conveniently accessed by residents. City staff has sent a request to split up the mailbox to the U.S.

Postmaster and is currently waiting for a response.

City staff also received grievances regard ing the lack of a curb ramp adjacent to the community mailbox. Public Works staff intends to proceed with the installation of the requested curb ramp upon the City Council’s acceptance of the public improvements.  Asphalt Pavement
On October 20, 2022, at t he recommendation of the City’s geotechnical consultant, City staff contacted the developer to request a response and proposed a solution to address the issues raised by the residents regarding the application of slurry seal. According to the developer, th e reported issues are common occurrences when a slurry seal is applied to occupied residential areas. Furthermore, the developer indicated that homeowners were provided with prior notification about the possibility of these reported issues. The residents were also made aware, through the notification, that tire markings and raveling are inevitable in the slurry application process but following recommendations provided by the contractor would help significantly decrease the number of blemishes in the asphalt.

City staff was satisfied with the developer’s response to concerns but will continue to monitor the pavement condition throughout the 1 -year warranty period. In addition, staff intends to withhold the release of the warranty bond and require the develo per to remove and replace the existing pavement should it degrade to an unacceptable level during the warranty period.

Various historical inspection and testing documents were reviewed by City staff in coordination with the developer’s consultant team to determine what was the cause of the pavement cracking. The past data didn’t suggest there were any underlying issues with the pavement. The developer’s consultant team concluded that it was normal 242
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thermal cracking primarily caused by temperature changes i n the environment while the pavement was still warm. The City’s Geotechnical consultant agreed that most of the cracks appeared to be normal thermal cracks, but some appeared to be more extensive despite not having any data that would suggest otherwise.

To address the pavement cracking concern, the developer agreed to pay the City $136,180, which is the estimated cost to rehabilitate the impacted streets within the community. This amount has been paid by the developer and will be utilized by the City’s CIP program to conduct future pavement rehabilitation in the community when it’s determined to be necessary.

Staff worked with the developer and have deemed the public improvements to be substantially complete and have been constructed to the satisfaction o f the City Engineer. The public improvements that are being accepted by the City include crosswalks, curb ramps, sidewalks, streetlights, curb and gutter, paving, water, sewer, and storm drain. These improvements will contribute to a positive city image by providing safe pedestrian access through the installation of sidewalks, curb ramps, and crosswalks along various streets. The improvements that are being accepted have been satisfactorily constructed to meet the City and all applicable accessibility requirements.

Additionally, City staff and its consultant reviewed the final accepted/approved "as -built" plans, specifications, and supporting documentation for Storm Drain Line 43 -1 and determined that $1,234,520 is eligible for DIF credit/reimbursement. Additionally, storm drain DIF credits were issued to Meritage for its phased residential development project for Tract Map No.18903 for $55,606. These credits were deducted from the actual validated costs of $1,234,520, bringing a balance forward in the amoun t of $1,178,914 that is owed to the developer. Staff analyzed the Citywide DIF Storm Drain fund balance and it was determined that there is sufficient fund balance available to reimburse the developer in full; thus, fulfilling the terms of the agreement.

All required development -related fees have been paid and security for a one -year warranty period has been submitted. Under the warranty bond obligation, the developer will correct any defects found within one-year of City Council’s acceptance of the project.

Additionally, on November 5, 2019, the City Council approved the annexation of the property to Landscaping and Lighting District No. 2002 -1 (Annexation/Zone No. 81) to offset the costs of public streetlights.

With approval by the City Council, the following maintenance obligations will commence:

Public Street Sweeping: By the City
Public Sidewalks: By the City
Public Streetlights: By the City
Public Storm Drain: By the City
Public Sewer: By the City
Domestic Water: By the City

Attachments:

Exhibit A - Location Map
Exhibit B - Public Improvements Index Map
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Exhibit C - Fully Executed Subdivision Improvement Agreement & Bonds Exhibit D - Fully Executed Construction Credit & Reimbursement Agreement

244
Huitt-Zollars, Inc. IrvinePhone (949) 988-5815 Fax (949) 988-58202603 Main Street, Suite 400Irvine, California 92614

LOCATION MAP
245
OF PUBLIC IMPROVEMENTSINFRASTRUCTURETM 18903
EXHIBIT A"
TM 18903
B
246

SUBDIVISION IMPROVEMENT AGREEMENT
by and between

CITY OF CHINO
and
MERITAGE HOMES OF CALIFORNIA, INC.
01225. 0006/ 366470. 1 Updated 11- 2017
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SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN

THE CITY OF CHINO
AND
MERITAGE HOMES OF CALIFORNIA, INC.

Agreement Date: July 2nd, 2019
Subdivider Name: MERITAGE HOMES OF CALIFORNIA, INC.

Subdivision Description:

Construct 38 single- family detached residential dwelling units on 12.04 acres of land at an average density of 3.2 dwelling units per acre within the Residential, 4. 5 dwelling units/ acre zoning district. The protect is generally located on Chino Avenue between Pipeline and Norton Avenues
Tentative Map No.: 18903
Estimated Total Cost of Improvements: $ 4, 019, 275. 00 Estimated Total Cost of Monumentation: $ 15,000.00 (based upon the plans, including individual lots, subdivision boundary and public improvements) Security:

Bond No.: LAIFSU0737073- M
Surety: International Fidelity Insurance Company
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Designees for the Service of Written Notice:

CITY: SUBDIVIDER:

Chris Magdosku Meritage Homes of California, Inc.

City Engineer Larry Leibel, Project Manager
13220 Central Avenue 5 Peters Canyon Rd., Ste. 310
Chino, CA 91710 Irvine, CA 92606
909) 334- 3417 949) 299- 3848
cmagdosku( c citvofchino. orq larrvliebel( a meritagehomes. corn

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

1. Construction Obligations 1

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 Obligation to Warn Public During Construction

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

2. Time for Performance 5

2. 1 Commencement and Completion Dates

2. 2 Phasing Requirements

2. 3 Force Majeure

2. 4 Continuous Work

2. 5 Reversion to Acreage

3. Labor 6

3. 1 Labor Standards

3. 2 Nondiscrimination

3. 3 Licensed Contractors

3. 4 Workers' Compensation

4. Security 7

4. 1 Required Security

4. 2 Form of Security Instruments

4. 3 Subdivider' s Liability

4. 4 Letters of Credit

4. 5 Release of Security Instruments

5. Cost of Construction and Provision of Inspection Service 10

5. 1 Subdivider Responsible for All Related Costs of Construction 01225. 0006/ 369377. 1
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5. 2 Paymentto CityforCostof RelatedInspectionandEngineeringServices

5. 3 Payment of Development Impact Fees

6. Acceptance of Offers of Dedication 10

7. Warranty of Work 11

8. Default 11

8. 1 Default by Subdivider

8. 2 Remedies

8. 3 Notice of Violation

8. 4 Remedies Not Exclusive

8. 5 Attorney' s Fees and Costs

8. 6 Waiver

9. Indemnity/ Hold Harmless 12

10. Subdivider' s Indemnity of Project Approval 13

11. Insurance Requirements 14

12. Environmental Warranty 16

13. General Provisions 17

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 18
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SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT ( this " Agreement") is entered into this 2nd day of July, 2019, by and between the CITY OF CHINO, a municipal corporation, organizedandexistingin the Countyof San Bernardino, underand by virtue of the laws of the State of California, (" CITY"), and MERITAGE HOMES OF CALIFONIA, INC.

Subdivider").

RECITALS
A. Subdivideris the ownerof, and has obtainedapprovalof a subdivisionmap identified as Tentative Tract Map No. 18903, ( 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 Tract Map No. 18903 for the Property and permitting development of the Property to proceed.

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

1. Construction Obligations.

1. 1. Works of Improvement. Subdivider agrees, at its sole cost and expense, to construct or install, or cause to be constructed or installed the street, drainage, domestic water, sanitary sewer, street lighting, landscaping, utility, and other improvements more fully described in Exhibit " B" attached hereto ( the " Works of Improvement"), as the same may be supplemented and revised from time to time as set forth in this Agreement ( said plans and specifications, together with all related documents, the " Plans"). The estimated construction cost for the Works of Improvement is $ 4, 019, 275. 00
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1. 2. Other Obligations Referenced in Conditions of Tentative Map Approval. In addition to the foregoing, Subdividershall 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 intentof the Plansreferencedin Section1.1 is to prescribea completework of improvementwhich Subdividershall performor cause to be performedin 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 omissionsare made or informationnecessaryto carry out the full intent and meaning of the Plans, Subdivideror its contractor shall immediatelynotify 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 regardingthe 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 approvedby the City Engineer. The Plansshall be supplementedby suchworkingor 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 Tract Map No. 18903 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 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. 01225. 0006/ 366470. 1 2 of 19
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1. 8. No Warranty by City. The Plans for the Works of Improvement have been preparedby or on behalfof Subdivideror its consultantsor contractors, and City makesno representationor warranty, expressor implied, to Subdivideror to any other personregarding the adequacy of the Plans or related documents.

1. 9. Authority of the City Engineer. In addition to the authority granted to the City EngineerelsewhereinthisAgreement, theCityEngineershallhavetheauthorityto decideall questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Subdivider and its contractor.

1. 10. Documents Available at the Site. Subdividershall cause its contractorto keep a copyof all approvedPlansat the job site and shallgive accesstheretoto the City's inspectors and engineers at all times.

1. 11. Inspection. Subdividershall have an authorizedrepresentativeon 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.

Subdividershall cause its contractor to furnish the City with every reasonablefacility for ascertaining whether or not the Works of Improvement as performed are in accordance with the requirements and intent of this Agreement, including the Plans. If the City inspector requests it, the Subdivider' s contractor, at any time before acceptance of the Works of Improvement, shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected. After examination, the Subdivider' s contractor shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City Engineer ( or designee) shall not be considered as direct control of the individual workmen on the job 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 fulfill this Agreement as herein provided, and unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted.

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

Subdivider shall construct the improvements in accordance with the City standards in effect at the time of the adoption of the Approved Tentative Map. City reserves the right to protect the public safety or welfare or comply with applicable Federal or State law or City zoning ordinances.

1. 13. Suspension of Work. The City Engineer shall have authority to order suspension of the work for failure of the Subdivider's contractor to comply with law pursuant to Section 01225. 0006/ 366470. 1 3 of 19
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1. 12. In case of suspensionof work for any causewhatsoever, Subdividerand its contractor shallbe responsiblefor all materialsandshallstorethemproperlyif necessary, andshall providesuitableinterimdrainageand/or dustcontrolmeasures, anderecttemporarystructures 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 Engineershall havethe authorityto requireerosionplansto prescribereasonablecontrolson the method, manner, and time of grading, landscaping, and construction activities to prevent nuisances to surrounding properties. Plans shall include without limitation temporary drainage and erosion control requirements, dust control procedures, restrictions on truck and other construction traffic routes, noise abatement procedures, storage of materials and equipment, removal of garbage, trash, and refuse, securing the job site to prevent injury, and similar matters.

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

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

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

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

1.16. Vesting of Ownership. Upon recordation of the Notice of Acceptance, ownership of the Works of Improvement shall vest in the City.

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 recordation of the Notice of Acceptance, Subdivider shall provide forty- eight ( 48) hours' advance written notice to all 01225. 0006/ 366470. 1 4 of 19
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neighboring property owners and tenants affected by Subdivider's operations or construction of the hours, dates and duration of any planned construction activities.

1. 18. Injury to Public Improvements, Public Property or Public Utility. Until recordation oftheNoticeofAcceptanceoftheWorksof Improvement, Subdividerassumesresponsibility for the care and maintenance of, and any damage to, the Works of Improvements. Subdivider shall replaceor 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 replacementor repairsregardlessof what entity owns the underlyingproperty. Any repair or replacementshallbe to the satisfaction, andsubjectto the approval, of the City Engineer.

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

2. Time for Performance.

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

2. 2. Phasing Requirements. Notwithstanding the provisions of Section 2. 1, the City reserves the right to control and regulate the phasing of completion of specific Works of Improvement as required to comply with applicable City ordinances, regulations, and rules relating to the timely provision of public services and facilities. In addition to whatever other remedies the City may have for Subdivider's failure to satisfy such phasing requirements, as the same now exist or may be amended from time to time, Subdivider acknowledges City's right to withhold the issuance of further building permits on the Property until such phasing requirements are satisfied. Prior to issuance of building permits, Subdivider shall provide satisfactory evidence that all applicable requirements that are a condition to issuance of building permits have been satisfied. Such requirements may include the payment of fees, construction of improvements, or both. Final inspections or issuance of Certificates of Occupancy may be withheld from the Subdivider by the City, if, upon a determination by the City Engineer, completion of specific Works of Improvements or other requirements associated with the development of the Property have not been completed to the City Engineer's satisfaction.
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2. 3. Force Majeure. Notwithstanding the provisions of Section 2. 1, Subdivider' s time for commencementand completionof the Works of Improvementshall be extendedfor the period of any enforced delay caused due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikes, lockouts, acts or failures to act of a public agency ( including City), required changes to the scope of work required by City, and similar causes; provided, however, thatthe periodof anyenforceddelayhereundershallnotincludeany periodlonger than five ( 5) days prior to City' s receipt of a written notice from Subdivider or its contractor detailingthe groundsfor Subdivider's claimto a rightto extendits time for performance hereunder. The City Engineershall evaluateall claimsto Force Majeureand the City Engineer' s decision shall be final.

2. 4. Continuous Work. After commencement of construction of the Works of Improvement ( or separate portion thereof), Subdividershall cause such work to be diligently pursuedto completion, and shall riot abandonthe workfor a consecutiveperiodor 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 failureto timely performits obligationshereunder, Subdividerrecognizesthat City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Section 66499. 11 through Section 66499. 20. 1. In this regard, Subdivider agrees that if the Works of Improvement have not been completed on or before the later of two ( 2) years from the date of this Agreement or within the time allowed herein, whichever is the later, and if City thereafter initiates proceedings to revert the Property to acreage, pursuant to Government Code Section 66499.16, Subdivider hereby consents to such reversion to acreage and agrees that any improvements made by or on behalf of Subdivider shall not be considered in determining City's authority to revert the Property to acreage.

3. Labor.

3. 1. Labor Standards. This Agreement is subject to, and Subdivider agrees to comply with, all of the applicable provisions of the Labor Code including, but not limited to, the wage and hour, prevailing wage, worker compensation, and various other labor requirements in Division 2, Part 7, Chapter 1, including section 1720 to 1740, 1770 to 1780, 1810 to 1815, 1860 to 1861, which provisions are specifically incorporated herein by reference as set forth herein in their entirety. Subdivider shall expressly require compliance with the provisions of this Section in all agreements with contractors and subcontractors for the performance of the Works of Improvement.

3. 2. Nondiscrimination. In accordance with the California Fair Employment and Housing Act (" FEHA"), California Government Code Section 12940 et seq., Subdivider agrees that Subdivider, its agents, employees, contractors, and subcontractor performing any of the Works of Improvement shall not discriminate, in any way, against any person on the basis of race, ethnicity, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Subdivider shall expressly require compliance with the provisions of this Section in all agreements with contractors and subcontractors for the performance of this Agreement. 01225. 0006/ 366470. 1 6 of 19
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3. 3. Licensed Contractors. Subdivider shall cause all of the Works of Improvement to be constructed by contractors and subcontractors with valid California Contractors' licenses for the type of work being performed. All of Subdivider' s contractors and subcontractors shall obtain a valid City of Chino business license prior to performingany work pursuant to this Agreement. Subdivider shall provide the City Engineer with a list of all of its contractors and subcontractors prior to initiating any work, and all valid Contractor' s licenses and business licenses issued thereto as a condition of constructing the Works of Improvements.

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

4. Security.

4. 1. Required Security.
a) At the time Subdivider executes this Agreement, Subdivider shall furnish to City the following bonds, letters of credit, instruments of credit ( assignment of deposit account) or other security acceptable to City in its sole and absolute discretion and satisfying the requirements of the applicable provisions of this Section 4 below ( hereinafter " Security Instruments"):
i) A Security Instrument securing Subdivider's faithful performance of all of the Works of Improvement (" Faithful Performance Security Instrument"), in the amount of $ 4, 019, 275. 00 equal to 100% of the estimated construction cost referenced in Section 1. 1. ii) A Security Instrument guaranteeing the payment to contractors, subcontractors, and other persons furnishing labor, materials, and/ or equipment (" Labor and Materials Security Instrument") with respect to the Works of Improvement in an amount equal to 2, 009, 637. 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 15, 000. 00 equal to 100% of the cost thereof.

This Agreement shall not be effective for any purpose until such Security Instruments are supplied to and approved by City in accordance herewith. b) Required Security Instrument for Maintenance and Warranty. Prior to the City Council' s acceptance of the Works of Improvement and recordation of a Notice of Completion, Subdivider shall deliver a Security Instrument warranting the work accepted for a period of one ( 1) year following said acceptance Maintenance and Warranty Security Instrument"), in the amount of$ 401, 927. 00 01225. 0006/ 366470. 1 7 of 19
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equal to 10% of the estimated construction cost set forth in Section 1.1 or a suitable amount determined by the City Engineer.

4. 2. Form of Security Instruments. All Security Instruments shall be in the amounts required under Section 4. 1 ( a) or 4. 1( b), as applicable, shall meet the following minimum requirementsand otherwiseshall be in a form providedby City or otherwiseapprovedby the City Attorney:
a)
Bonds. For SecurityInstrumentsprovidedin the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety businessin the State of California. Any insurance company acting as surety shall have a minimum rating of A- IX, as rated by the current edition of Best's Key RatingGuidepublishedby A.M. Best's Company, Oldwick, New Jersey, 08858. Any bank acting as surety shall have a minimumrating of AA, as rated by Moody' s or Standard & Poor' s.
b) Letters of Credit. For Security Instruments which are letters of credit, any letter of credit shall be an original separate unconditional, irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the City Engineer of the City that Subdivider is in default under its payment or performance obligations hereunder or in the event Subdivider fails to deliver a replacement letter of credit not less than thirty ( 30) days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 4. 4.
c) Instrument of Credit. For Security Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to City all of Subdivider' s interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. d) General Requirements for all Security Instruments.

I) Payments under any Security Instruments shall be required to be made ( and, with respect to bonds, litigation shall be required to be instituted and maintained) in the City of Chino, State of California and the Security Instrument shall so provide).
ii) Each Security Instrument shall have a minimum term of one ( 1) year after the deadline for Subdivider' s completing the Works of Improvement, in accordance with Section 2. 1 ( other than Instruments of Credit, which shall have no defined term or expiration date).
iii) Each Security Instrument shall provide that changes may be made in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and without affecting the obligations under such Security Instrument. 01225. 0006/ 366470. 1 8 of 19
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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 may be released by the City.

4. 3. Subdivider' s Liability. While no action of Subdivider shall be required in order for City to realize on its security under any Security Instrument, Subdivider agrees to cooperate with City to facilitate City's realization under any Security Instrument, and to take no action to preventCityfrom suchrealizationof any SecurityInstrument. Notwithstandingthe givingof any SecurityInstrumentor the subsequentexpirationof any Security Instrumentor any failure by any surety or financial institution to perform its obligations with respect thereto, Subdivider shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materialsfor the improvementsrequiredto be constructedor installedhereby and shall, within ten ( 10) days after written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 4.

4. 4. Letters of Credit.
a) In the event a letter of credit is given pursuant to Section 4. 2( b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit expiring in not less than one ( 1) year, unless City agrees to a lesser term in City's sole and absolute discretion) is not delivered not less than thirty ( 30) days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit delivered hereunder, issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit. b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Subdivider. If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as provided in the foregoing. Subdivider agrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein, and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City' s security interest in such account.

4. 5. Release of Security Instruments. The City shall release all Security Instruments consistent with Government Code Sections 66499. 7 and 66499. 8, Section 19. 09. 010 of the Chino Municipal Code, and as follows:
a) City shall release the Faithful Performance Security Instrument and Labor and Materials Security Instrument when all of the following have occurred:
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i) Subdividerhasmadewrittenrequestfor releaseand provided evidence of satisfaction of all other requirements in this Section 4.5; ii) the Works of Improvement have been accepted;
iii) Subdivider has delivered the Maintenance and Warranty Security Instrument; and
iv) after passage of the time within which lien claims are required to be made pursuant to Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California. If lien claims have been timely filed, City shall hold the Labor and Materials Security Instrument until such claims have been resolved, Subdivider has provided a statutory bond, or otherwise as required by applicable law.
b) City shall release the Maintenance and Warranty Security Instrument upon Subdivider' s written request upon the expiration of the warranty period, and settlement of any claims filed during the warranty period. c) The City may retain from any security released, an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorney's fees.

5. Cost of Construction and Provision of Inspection Service.

5. 1. Subdivider Responsible for All Costs of Construction. Subdivider shall be responsible for payment of all costs incurred for construction and installation of the Works of Improvement. In the event Subdivider is entitled to reimbursement from City for any of the Works of Improvement, such reimbursement shall be subject to a separate Reimbursement Agreement to be entered into between Subdivider and City prior to construction of the Works of Improvement.

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

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

5. 3. Payment of Development Impact Fees. Subdivider shall pay Development Impact Fees pursuant to and in accordance with Chino Municipal Code Chapter 3.40.

6. Acceptance of Offers of Dedication. The City Council shall pass as appropriate resolution or resolutions accepting all offers of dedication shown on the Map for the Property, with acceptance to become effective upon completion and acceptance by City of the Works of 01225. 0006/ 366470. 1 10 of 19
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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 perioddue to any reasonotherthan impropermaintenance, or if any settlementof fill or backfill occurs, or should any portion of the Works of Improvementfail to fulfill any requirements of the Plans, Subdivider, within fifteen ( 15) days after written notice of such defects, or within such shorter time as may reasonably be determined by the City in the event of emergency, shall commenceto repair or replacethe same together with any other work which may be damaged or displaced in so doing. Should Subdivider fail to remedy defective material and/or workmanship or make replacements or repairs within the period of time set forth above, City may make such repairs and replacements and the actual cost of the required laborand materialsshall be chargeableto and payableby Subdivider. The warrantyprovided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law.

8. Default.

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

8. 2. Remedies. The City reserves all remedies available to it at law or in equity for a default or breach of Subdivider' s obligations under this Agreement. The City shall have the right, subject to this Section, to draw upon or use the appropriate security to mitigate the City's damages in the event of default by Subdivider. The City' s right to draw upon or use the security is in addition to any other remedy available to City. The parties acknowledge that the estimated costs and security amounts may not reflect the actual cost of construction of the improvements and, therefore, City's damages for Subdivider's default shall be measured by the cost of completing the required improvements. The City may use the sums provided by the securities for the completion of the Works of Improvement in accordance with the plans. In the 01225. 0006/ 366470. 1 11 of 19
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event the Subdividerfails to cure any default under this Agreementwithin 20 days after the Citymailsa noticeofsuchdefaulttotheSubdividerandtheSubdivider's surety, Subdivider authorizesthe City to performthe obligationfor which Subdivideris 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 contractor by any other method City deems appropriate, attheexpenseoftheSubdivider. Insuchevent, City, withoutliabilityfordoingso, may completethe Works of Improvementusing any of Subdivider's materials, appliances, plansand otherpropertythat are at the worksite andthat are necessaryto completethe Works of Improvement.

8. 3. Notice of Violation. The Subdivider's failure to comply with the terms of this AgreementconstitutesSubdivider's consentfor the City to file a noticeof violationagainstall the lots in the Subdivision, or to rescind or otherwise revert the Subdivision to acreage.

Subdivider specifically recognizes that the determination of whether a reversion to acreage or rescissionof the Subdivisionconstitutesan adequate remedy for default by the Subdivider shall be within the sole discretion of the City.

8. 4. RemediesNot Exclusive. In any case where this Agreementprovidesa specific remedy to City for a default by Subdivider hereunder, the Subdivider agrees that the choice of remedyor remediesfor Subdivider's breachshall be in the discretionof the City. Additionally, any remedy specifically provided in this Agreement shall be in addition to, and not exclusive of, City's rightto pursueanyotheradministrative, legal, or equitableremedyto whichit mayby entitled.

8. 5. Attorney' s Fees and Costs. In the event that Subdividerfails to perform any obligationunderthis Agreement, Subdivideragreesto pay all costs and expensesincurredby City in securing performance of such obligations, including costs of suit and reasonable attorney' s fees. In the event of any dispute arising out of Subdivider's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailingparty in such action, in additionto any other relief which may be granted, shall be entitled to recover its reasonable attorney' s fees and costs. Such attorney's fees and cost shall include fees and costs on any appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment.

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

9. Indemnity/ Hold Harmless. City or any officer, employee or agent thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of Subdivider, its agents, employees, contractors and subcontractors in the performance of this Agreement. Subdivider further agrees to protect, defend, indemnify and hold harmless City, its officials, boards and commissions, and members thereof, agents, and employees from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, acts or omissions of Subdivider, its agents, employees, contractors and subcontractors 01225. 0006/ 366470. 1 12 of 19
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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 lossbecauseof or arisingoutof, inwholeor in part, thedesignor construction of the improvements. This indemnification and agreement to hold harmless shall extendto injuriesto personsanddamagesor takingof propertyresultingfromthe designor 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 Noticeof Acceptanceby the City of the Works of Improvementsshall not constituteanassumptionbytheCityof anyresponsibilityforanydamageor takingcoveredby thisSection. Cityshallnotberesponsibleforthedesignorconstructionofthepropertyto be dedicatedor the improvementspursuantto the approvedimprovementplansor map, regardlessof anynegligentactionor inactiontakenbytheCityin approvingthe plansor map, unless the particular improvement design was specifically required by City over written objection by Subdivider submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design.

After recordation of the Notice of Acceptance, the Subdivider shall remain obligated to eliminate any latent defect in design or dangerous condition caused by the design or construction defect; however, Subdivider shall not be responsible for routine maintenance. The provisionsof this paragraphshall remainin full forceand effectfor ten (10) yearsfollowingthe recordation of the Notice of Acceptance by the City of the Works of Improvements. It is the intent of this section that Subdivider shall be responsible for all liability for design and construction of the improvements installed or work done pursuant to this Agreement and that City shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving or reviewing any work or construction. The improvement security shall not be required to cover the provisions of this Paragraph.

Subdivider shall reimburse the City for all costs and expenses, including but not limited to fees and charges of architects, engineers, attorneys, and other professionals, and court costs, incurred by City in enforcing this Section.

10. Subdivider's Indemnity of Protect Approval. Subdivider shall defend, indemnify, and hold harmless the City and its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning the Subdivision. The City shall promptly notify the Subdivider of any claim, action, or proceeding and cooperate fully in the defense of any such claim, action, or proceeding. In the event City fails to promptly notify the Subdivider of any claim, action, or proceeding, or if the City fails to cooperate in the defense, the Subdivider shall not thereafter be responsible to defend, indemnify, or hold harmless the City. Nothing in this Section prohibits the City from participating in the defense of any claim, action, or proceeding if City bears its own attorney's fees and costs and defends the action in good faith. Subdivider shall not be required to pay or perform any settlement unless the settlement is approved by the Subdivider. 01225. 0006/ 366470. 1 13 of 19
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11. InsuranceRequirements. Subdivider, at Subdivider's solecostandexpenseandfor the full termof this Agreementand any extensionsthereto, shallobtainand maintainall of the followingminimuminsurancerequirementsin a form approvedby the City's authorized designeefor RiskManagementpriorto commencinganywork:
a) Commercial General Liability policy with a minimum $ 1 million combined singlelimitfor bodilyinjuryandpropertydamageprovidingall of thefollowing minimum coverage without deductibles:
i) Premises operations; including X, C, and U coverage; ii) Owners' and contractors' protection;
iii) Blanket contractual;
iv) Completed operations; and
v) Products.
b) Commercial Business Auto policy with a minimum $ 1 million combined singlelimitfor bodilyinjuryand propertydamage, providingall 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:
i) This policy shall provide coverage for Workers' Compensation Coverage A); and
i) This policy shall provide coverage for $ 1, 000, 000 Employers' Liability ( Coverage B).
ii) Pursuant to Labor Code section 1861, Subdivider by executing this Agreement certifies: " I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract."
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iii) Prior to commencementof work, the Subdividershall file with the City's Risk Managera Certificateof 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) " TheCityof Chino, itsofficers, employeesandagentsarehereby added as additional insureds."
ii) " This policy shall be consideredprimary insurancewith respectto any other valid and collectible insurance the City may possess, including any self- insuredretentionthe City may haveand any other insurance the City does possess shall be considered excess insurance only."
iii) " This insurance shall act for each insured and additional insured as though a separate policy has been written for each. This, however, will notact to increasethe limitof the insuringcompany." iv) " Thirty (30) dayspriorwrittennoticeof cancellationshall be givento the City of Chino in the event of cancellation and/ or reduction in coverage, except that ten ( 10) days prior written notice shall apply in the event of cancellation for non- payment of premium." Such notice shall be sent to the Risk Manager at the address indicated in Subsection f below.
v) Subsection d( iv) hereinabove " Cancellation Notice" is the only endorsement required of the Workers' Compensation and Employers' Liability policy.
e) Admitted Insurers. All insurance companies providing insurance to the Subdivider under this Agreement shall be admitted to transact the business of insurance by the California Insurance Commissioner.
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
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12. EnvironmentalWarranty.

12. 1.

Priorto theacceptanceof anydedicationsor Worksof ImprovementbyCity, SubdividershallprovideCitywitha writtenwarrantyin a formsubstantiallysimilarto Exhibit C" attachedheretoand incorporatedhereinby reference, that:
a)
NeitherthepropertytobededicatednorSubdividerareinviolationofany environmentallaw, and neitherthe propertyto be dedicated nor the Subdivider aresubjectto anyexisting, pendingor threatenedinvestigationby anyfederal, state or local governmental authority under or in connection with the environmental laws relating to the property to be dedicated. b) NeitherSubdividernoranyotherpersonwithSubdivider's permissionto be upon the propertyto be dedicatedshall 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 " HazardousSubstances" shall mean any substanceor materialwhich is capableof posinga risk of injuryto health, safety or property, including all those materials and substances designated as hazardous or toxic by any federal, state or local law, ordinance, rule, regulation or policy, including but not limited to, all of those materials and substances defined as " Toxic Materials" in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30, as the same shall be amended from time to time, or any other materials requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies. c) Subdivider has not caused or permitted the release of, and has no knowledge of the release or presence of, any Hazardous Substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. d) Subdivider's prior and present use of the property to be dedicated has not resulted in the release of any hazardous substance on the property to be dedicated.

12.2. Subdivider shall give prompt written notice to City of:
a) Any proceeding or investigation by any federal, state or local governmental b) authority with respect to the presence of any hazardous substance on the property to be dedicated or the migration thereof from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. c) Any claims made or threatened by any third party against City or the property to be dedicated relating to any loss or injury resulting from any hazardous substance; and
d) Subdivider's discovery of any occurrence or condition on any property adjoining or in the vicinity of the property to be dedicated that could cause the 01225. 0006/ 366470. 1 16 of 19
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property to be dedicated or any part thereof to be subject to any restrictions on its ownership, occupancy, use for the purpose for which it is intended, transferability or suit under any environmental law.

13. General Provisions.

13. 1. Successors and Assigns. This Agreement shall be binding upon all successors and assigns to Subdivider's right, title, and interest in and to the Property and any portion thereof. Subdivider hereby consents to City recording this Agreement as official records of San Bernardino County, affecting fee title interest to the Property to provide constructive notice of the rights and obligations incurred by Subdivider in the City' s approval of this Agreement. In the event the Property is subsequently conveyed by Subdivider to a third party prior to completion of the Works of Improvement, whereby the third party is intended to assume Subdivider' s responsibilities with regard to this Agreement, ( the " Replacement Subdivider"), the rights and obligations of this Agreement shall transfer to the Replacement Subdivider; however, the Security Instruments required pursuant to Section 4 of this Agreement, and furnished by Subdivider as a condition of the City' s approval of this Agreement, shall remain Subdivider' s responsibility to maintain until such time as Subdivider and its Replacement Subdivider enter into a Transfer and Assignment of Subdivision Agreement, ( the " Transfer Agreement"), to acknowledge the transfer of fee title to the Property from the Subdivider to its Replacement Subdivider, and to acknowledge the rights and obligations associated with this Agreement upon the Replacement Subdivider, including Replacement Subdivider' s responsibility to furnish replacement Security Instruments meeting the City's approval pursuant to Section 4 of this Agreement. Until such time as a Transfer Agreement, meeting the City' s approval, is executed by Subdivider and its Replacement Subdivider, and 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 Third- Party Beneficiaries. This Agreement is intended to benefit only the parties hereto and their respective successors and assigns. Neither City nor Subdivider intend to create any third- party beneficiary rights in this Agreement in any contractor, subcontractor, member of the general public, or other person or entity.

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

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

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

13. 6. Notices. Unless otherwise specified in this Agreement, all notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date is delivered in person, or, if mailed, on the date of deposit in the United States Mail. 01225. 0006/ 366470. 1 17 of 19
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Notice shall be provided to the persons listed on Pages 1 and 2 of this Agreement by the parties for this purpose.

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

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

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

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

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

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

13. 12. Entire Agreement; Waivers and Amendments. This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to all or part of the subject matter hereof, except as may be expressly provided herein. All waivers of the provisions of this Agreement must be in writing and signed by an authorized representative of the party to be charged, and all amendments hereto must be in writing and signed by the appropriate representatives of both parties.

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

14. Authority. The persons executing this Agreement on behalf of the parties warrant the ( I) party is duly organized and existing, ( ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, ( iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and ( iv) the entering into of this Agreement does not violate any provisions of any other agreement to which said party is bound.

SIGNATURES ON NEXT PAGE]
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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:

Lg /
Fred Galante, City Attorney Nichol s S. Lig o , AICP
Director of Deve pment Services
MERITAGE HOME F CALIFORNIA:

By: 15. r
natur and Date)
Name: Le5t' err TaG f<ef'
Please type or print name)
Title: 1AC .4e,5 devitF( kl0rAA P1ainv14
Please type or print title) J

CITY OF CHINO
iiirr!' 4
Matthew :' a
4 ne, City Manager
Dated: 1• l . 1
1 ATTEST:

By
Angel obles, ity Clerk
Dated: 1= t0, 1CI _
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DocuSign Envelope ID: E4C18DD3- 93F9- 4BBE- BCA9- 999F184634AB IN WITNESS WHEREOF, the City and the Subdivider have caused this Agreement to be executedthe day and year first above written.

APPROVED AS TO FORM: APPROVED AS TO CONTENT:

DocuSigned by: I
ri
7oor6C 1COD0r4o5...

Fred Galante, City Attorney Nicholas S. ig ori, AICP
Director of D elopment Services
MERITAGE HOMES OF CALIFORNIA:

By:
00'Sign ture and Date)
Name: Lester Ta0Ker
Please type or print name)
Title: ke 4e..5 identrot06141(ainvii
Please type or print title) 1

CITY OF CHINO
Matthew Ballantyne, City Manager
Dated:

ATTEST:

By
Angela Robles, City Clerk
Dated:
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CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 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 OV CAYl{--
1•
On S1s1`
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before me, 1I
1 W„ t \ VAV SVO1XL ,
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Date Here Insert Name and Title the Officer
personally appeared \ ek-- 1 Tv CAS-•e_)v
Name( s) of Signer( s)
who proved to me on the basis of satisfactory evidence to be t person( s) whose name( s is/ re scribed to the within instrument and acknoyvl@dged to me that h e/ they executed the same in hi er/ their authorized capacity( ies), and that by hi her/ their signatur on the instrument the person( s), the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my nd and official seal.
yt•,
0- r„ FAITH LOTT
4".

Notary Public- California
z ' Orange County Signature
Commission# 2269006
Signature of Notary PublicMy Comm.ExpiresDec 1, 2022
Place Notary SealAbove

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

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

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

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

Corporate Officer— Title( s): 0 Corporate Officer— Title( s):
0 Partner— 0 Limited 0 General 0 Partner — 0 Limited 0 General 0 Individual Attorney in Fact 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Trustee Guardian or Conservator Other. Other.

Signer Is Representing: Signer Is Representing:
02014 National Notary Association• www. NationalNotary. org• 1- 800- US NOTARY( 1- 800- 876- 6827) Item# 5907 01225. 0006/ 366470. 1
272
EXHIBIT " A"
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2803 Mein SUW SWIe 400
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Irvine, California 92814
Phone( 949) 988- 5815 Fax( 949) 988- 5820
DATE. 05/I3/2019Q
01225. 0006/ 366470. 1 A-
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EXHIBIT " B"
TRACT MAP 18903 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 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. 1 B- 1
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EXHIBIT " C"
TRACT MAP 18903
MERITAGE HOMES OF CALIFORNIA, INC.

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. 1 C- 1
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requiredto executethiswarrantyand makethe representationshereinon behalfof 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: 5745
MERITAGE HOMES OF CALIFORNIA, INC.

By:

Proof of authorization for Subdivider' s signatures is required to be submitted concurrently with this environmental warranty.
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CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notarypublicor otherofficercompletingthiscertificateverifiesonlytheidentityoftheindividualwhosignedthe document to which this certificate is attached, and not the truthfulness, accuracy,or validity of that document.

State of Califo is
l7
County of 0r `
On 1151` before me,
Date Here Insert Name arid Title of eRb1
Officer
personally appeared Le-sf 01y Vey
Name( s) of Signer( s)
fl ,
who proved to me on the basis of satisfactory evidence to be t person( s) whose name( s) ( re ibed to the within instrument and acknoy9ed to me that hsulk r e/ they executed the same in is/ h / their authorized capacity( ies), and that by hisf) er/ their signatur on the instrument the person( s), o e entity upon behalf of which the person(s) a ed, executed the instrument.

I certify under PENALTYOF PERJURY under the laws
of the State of California that the foregoing paragraph FAITHLOTT is true and corr t.

Notary PubUc California WITNESS h d and official seal.

OrangeCounty
5eAlt °
l' Commission D6c 1, 2022
Me `'
My Comm. Expires Dec1, Signature
Signature of Notary Public
Place Notary Seal Above
OPTIOHL4L
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

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

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

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

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

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

Signer Is Representing: Signer Is Representing:
02014 National Notary Association• www. NationalNotary. org• 1- 800- US NOTARY( 1- 800- 876- 6827) Item# 5907 01225. 0006/ 366470. 1 C- 3
277
Bond No.: LAIFSU0737073
Contract No.: Y j..o - 0 Gil
Approved: - 7IZIZolc- t it 5
Annual Premium: $ 15, 072. 00

FAITHFUL PERFORMANCE BOND
Tract Map 18903
WHEREAS, the City Council of the City of Chino, Stateof California, hereinafterdesignated as" CITY" and MERITAGE HOMES OF CALIFORNIA, hereinafter designated as " PRINCIPAL," have entered into an agreement whereby Principalagrees to install and complete certain designated public improvements, which said agreement, dated June 18th,2019, and identified as Project No. TRACT MAP NO. 18903, is hereby referred to and made a part hereof; and
WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement.

NOW, THEREFORE, we, the Principal and International Fidelity Insurance Company as surety, are held and firmly bound unto the City of Chino in the penal sum of Four Million, Nineteen Thousand Two Hundred Seventy- Five Dollars($ 4,019,275.00) 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 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 included costs and reasonable expenses and fees including reasonable attorneys' fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or to the work to be performed 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 May 10, 2019
Meritage Homes of California International Fidelity Insurance Company

PRINCIPAL SURETY
By: By:

Darin E. Rowe Kristin D. Thurber, Attorney- In-Fact
VicePresidentAssetManagement

SIGNATURES MUST BE NOTARIZED
Document No. 16353( P\ NFORMS\ BONDS- faithful performance\ rev. 04/ 2017) Page 1 of 1 278

ALL- PURPOSE ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifiesonlythe identityof the individualwhosignedthe
document to which this certificate is attached, and not the truthfulness, accuracy,or validity of that document.

STATE OF ARIZONA SS

COUNTY OF MARICOPA
May 14, 2019 Jeanne A. Malys
On before me, Notary Public, personally appeared
Darin E. Rowe,Vice President of Asset Management,Meritage Homes of California, Inc. who provedto me on the basisof satisfactoryevidenceto be the person(s) whosename(s) is/are subscribedto the within instrument and acknowledged to me that he/ she/ they executed the same in his/ her/ their authorized capacity( ies), and that by his/ her/ their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.

I certifyunderPENALTYOFPERJURYunderthe lawsof the Stateof Arizonathatthe foregoingparagraphistrue andcorrect. o41"E4gr JEANNE A MALYS
WITNESS my hand and official seal.
y,
t. NOTARY PUBLIC, ARIZONA

N MARICOPA COUNTY
My Commission Expires
Signature 19 2 " October 17, 2020
This area for official notarial seal.

OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT

CAPACITY CLAIMED BY SIGNER
Thoughstatute does not require the Notary to fill in the data below, doing so may prove invaluableto persons relying on the documents.
j INDIVIDUAL

CORPORATE OFFICER( S) TITLES)

PARTNER( S) LIMITED GENERAL
Ej ATTORNEY-IN-FACT

TRUSTEE( S)

GUARDIAN/ CONSERVATOR

J OTHER
SIGNER IS REPRESENTING:

Name of Person or Entity Name of Person or Entity

OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT
Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form.

THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT:

NUMBER OF PAGES DATE OF DOCUMENT

SIGNER( S) OTHER THAN NAMED ABOVE
Reproduced by First American Title Company 11%2007
279
ALL— PURPOSE ACKNOWLEDGEMENT
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 Arizona SS
COUNTY OF Maricopa
On May 10, 2019 before me, Hillary D. Shepard Notary Public, personally appeared Kristin D. Thurber
who provedto me on the basisof satisfactoryevidenceto be the person(s) whose name(s) is/are subscribedto the within instrument and acknowledged to me that he/ she/ they executed the same in his/ her/ their authorized capacity( ies), and that by his/ her/ their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.

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

WITNESS my hand and official seal.
l ,, HILLARY D. SHEPARD
y 1 NotaryPublic-StareofArizona
o/ MARICOPA COUNTY
Signature `- i/ Art/ it
r
MyCommissionExpiresMarch17,2022
This area for official notarial seal.

OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT

CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the documents.

INDIVIDUAL

CORPORATE OFFICER( S) TITLE( S)

PARTNER( S) LIMITED GENERAL

X ATTORNEY- IN- FACT

TRUSTEE( S)

GUARDIAN/ CONSERVATOR
OTHER
SIGNER IS REPRESENTING:

International Fidelity Insurance Company
Name of Person or Entity Name of Person or Entity

OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT
Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form.

THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT:

NUMBER OF PAGES DATE OF DOCUMENT

SIGNER( S) OTHER THAN NAMED ABOVE
Reproduced by First American Title Company 11/ 2007
280
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1*.- ...::: .. .:.:-.1..-• . ' ...-: ' . - . INTERNATIONAL FIDELITY' INSURANCECOMPANY.

ALLEGHENY CASUALTY COMPANY
ONE NEWARK CENTER, 20TH FLOOR NEVVARK, NEW JERSEY 07102- 5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under thelaws of the Stateof NewJersey, andALLEGHENYCASUALTYCOMPANYa corporationorganizedandexistingunderthelawsoftheStateof NewJersey,havingtheir principalofficein the Cityof Newark,NewJersey,do herebyconstituteandappoint ERIN BROWN, DAVID G. JENSEN BRANDY L. BAICH, KRISTIN D. THURBER, JAMES A. BRACY Scottsdale, AZ.
theirtrueandlawfulattorney(s)-in-factto execute,sealanddeliverforandonitsbehalfas surety,anyandall bondsandundertakings,contractsofindemnity andotherwritingsobligatoryinthenaturethereof, whichareor maybeallowed,requiredor permittedby law,statute,rule,regulation,contractorotherwise, and the executionof such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledgedby their regularly elected officers at their principal offices.

This Powerof Attorneyisexecuted,andmay be revoked, pursuantto and by authorityof the By-Laws of INTERNATIONALFIDELITYINSURANCE COMPANYand ALLEGHENY CASUALTY COMPANY and is granted under andby authority of the following resolution adopted by the Board of Directors of INTERNATIONALFIDELITYINSURANCECOMPANYat a meetingdulyheldonthe20thdayofJuly,201Dandbythe Boardof DirectorsofALLEGHENY CASUALTY COMPANYat a meeting duly held on the 10th day of July, 2015:

RESOLVED,that ( 1) the Chief Executive Officer, President, Executive Vice President,Vice President or Secretary of the Corporation shall have the power to appoint,andtorevoke theappointmentsof, Attorneys-in-Fact or agentswithpowerandauthorityas definedor limitedin theirrespectivepowersofattorney, andtoexecuteon behalfof the Corporationandaffix theCorporation's sealthereto,bonds,undertakings, recognizances, contractsof indemnityandother writtenobligationsin the naturethereof or related thereto; and (2) any such Officersof the Corporationmay appointand revokethe appointmentsof joint-controlcustodians,agentsforacceptanceofprocess,..andAttorneys-in-factwithauthoritytoexecutewaiversandconsentsonbehalfof theCorporation;and (3)thesignatureofanysuchOfficerof theCorporationandtheCorporation's sealmaybeaffixedbyfacsimiletoanypowerofattorneyorcertification givenfortheexecutionofanybond,undertaking, recognizance, contractofindemnityorotherwrittenobligationinthenaturethereofor relatedthereto,such signatureandseals when so usedwhetherheretoforeor hereafter, beingherebyadoptedby theCorporationas the originalsignatureof suchofficer and the originalseal of the Corporation, to be valid and binding upon the Corporationwith the same force and effect as though manually affixed." IN WITNESSWHEREOF, INTERNATIONALFIDELITYINSURANCECOMPANYand ALLEGHENYCASUALTYCOMPANYhaveeach executedand attestedthesepresentsonthis31stdayof December,2016.

STATE OF NEW JERSEY
County of Essex A,‘"" 6 •
k r,.t•S'"" 19-,„.'f; r if 1,7,./.......
lit — SEAL .
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4 1936 - I
14* .viAt C' George R. James
ity JA 1,,,, • Executive Vice President( International Fidelity 4%14, ,EftsS7,./Insurance Companyland Vice President Allegheny Casualty Company)
On this 31st day of December 2016, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies.

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

OY. OR "It.

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0 NOTARY ... .. il. ..

7.• OP, AO tn: S
LS PUBLIC °'.: i
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64.,, ao.-* c3i sS A NOTARY PUBLIC OF NEW JERSEY
My Commission Expires April 16, 2019
NeN.

1. 0.•

CERTIFICATION
I, the undersignedofficer of INTERNATIONAL FIDELITY INSURANCE COMPANYand ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By- Laws of said Companies as set forth in said Powerof Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. i 4
IN TESTIMONY WHEREOF, I have Nel evi
hereunto set my hand this / 0 day of / i i i

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281
Bond No.: LAIFSU0737073
Contract No.: ' LoLo- 06, 1/
Approved: ? 1 2 110 4 5

LABOR AND MATERIAL BOND
Premium: Included with the
Perfomance Bond
Tract Map No. 18903
WHEREAS, the City Council of the City of Chino, State of California, hereinafter designated as" CITY" and MERITAGE HOMES OF CALIFORNIA, hereinafter designated as PRINCIPAL," have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated June 18th,2019, and identified as Project No. TRACT MAP NO. 18903, is hereby referred to and made a part hereof; and
WHEREAS, under the terms of said agreement, Principal is required, before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Chino to secure the claims to which reference is made in Title 15( commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California.

NOW, THEREFORE, said Principal and the undersigned, as corporate surety, are held and firmly bound unto the City of Chino, and all contractors, subcontractors, laborers, material, men, and other persons employed in the performanceof the aforesaidagreementand referredto in the aforesaidCodeof Civil Procedure in the sum of Two Million, Nine Thousand Six Hundred Thirty- Seven Dollars ($ 2, 009, 637. 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 herebyexpresslystipulated and agreedthat this bond shall inure to the benefitof 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 May 10,2019
Meritage Homes of California International Fidelity Insurance Company

PRINCIPAL SURETY
By: By: V
Darin i . Rowe
Kristin D. Thurber, Attorney- In- FactVice President Asset Management

SIGNATURE( S) MUST BE NOTARIZED
Document No. 16354( PWFORMS' BONDS- L& M\ rev. 04/ 2017) Page 1 of 1 282

ALL- PURPOSE ACKNOWLEDGEMENT
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 ARIZONA SS

COUNTY OF MARICOPA
May 14, 2019 Jeanne A. MalysOn before me, Notary Public, personally appeared Darin E. Rowe, Vice President of Asset Management, Meritage Homes of California, Inc. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in his/ her/ their authorized capacity( ies), and that by his/ her/ their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.

I certify under PENALTYOF PERJURYunder the laws of the State of Arizonathat the foregoing paragraph is true and correct.

WITNESS my hand and official seal. vE > x

JEANNE A MALYS
4 NOTARY PUBLIC, ARIZONA
A
wiyo" r My Commission Expires
Signature J911 October 17, 2020
This area for official notarial seal.

OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT

CAPACITY CLAIMED BY SIGNER
Thoughstatute does not require the Notary to fill in the data below, doing so may prove invaluableto personsrelying on the documents.
f I INDIVIDUAL

CORPORATE OFFICER( S) TITLE( S)

PARTNER( S) LIMITED I I GENERAL

ATTORNEY- IN- FACT
r i TRUSTEE(S)

GUARDIAN/ CONSERVATOR
OTHER
SIGNER IS REPRESENTING:

Name of Person or Entity Name of Person or Entity

OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT
Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form.

THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT:

NUMBER OF PAGES DATE OF DOCUMENT

SIGNER( S) OTHER THAN NAMED ABOVE
Reproduced by First American Title Company 11/ 2007
283

ALL- PURPOSE ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifiesonlythe identityof the individualwho signedthe
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF Arizona SS
COUNTY OF Maricopa
On May 10, 2019 before me, Hillary D. Shepard Notary Public, personally appeared Kristin D. Thurber
who provedto me on the basisof satisfactoryevidenceto be the person(s) whosename(s) is/are subscribedto the within instrument and acknowledged to me that he/ she/ they executed the same in his/ her/ their authorized capacity( ies), and that by his/ her/ their signature( s) on the instrument the person( s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certifyunderPENALTYOFPERJURYunderthelawsoftheStateofArizonathattheforegoingparagraphistrueandcorrect.

WITNESS my hand and official seal. a`
4 HILLARY D. SHEPARD
4 „
NotaryPubfic-StateofArizona
Mt
P[

COPA COIN
Signature O a/
M„ ' My Commission Expires March 17, 2022
This area for official notarial seal.

OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT

CAPACITY CLAIMED BY SIGNER
Thoughstatutedoesnot requirethe Notaryto fill in the databelow, doingso mayproveinvaluableto personsrelyingon the documents.

INDIVIDUAL

CORPORATE OFFICER( S) TITLE( S)

PARTNER( S) LIMITED I I GENERAL

X ATTORNEY- IN- FACT

TRUSTEE( S)

GUARDIAN/ CONSERVATOR
OTHER
SIGNER IS REPRESENTING:

International Fidelity Insurance Company
Name of Person or Entity Name of Person or Entity

OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT
Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form.

THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT:

NUMBER OF PAGES DATE OF DOCUMENT

SIGNER( S) OTHER THAN NAMED ABOVE
Reproduced by First American Title Company 11/ 2007
284

1.`01(95). 6144.200
POWER 01ATTORNEY• . ..

INTERNATIONAL FIDELITY INSURANCE COMPANY

ALLEGHENY CASUALTY COMPANY
ONE NEWARK CENTER, 20TH FLOOR NIEVVARK, NEW JERSEY 07102- 5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under thelaws of the State of NewJersey, andALLEGHENYCASUALTYCOMPANYa corporationorganizedandexistingunderthelawsoftheStateof NewJersey,havingtheir principalofficein the Cityof Newark,NewJersey,doherebyconstituteandappoint ERIN BROWN DAVID G. JENSEN BRANDY L. BAICH, KRISTIN D. THURBER JAMES A. BRACY Scottsdale, AZ.
theirtrueandlawfulattorney(s)-in-factto execute,sealanddeliverforandon itsbehalfassurety,anyandall bondsandundertakings,contractsofindemnity andotherwritingsobligatoryinthenaturethereof, whichareor maybeallowed,requiredorpermittedby law,statute,rule,regulation,contractorotherwise, and the execution of such instrurnent(s) inpursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledgedby their regularly elected officers at their principal offices.

This Powerof Attorneyisexecuted,andmay be revoked, pursuantto and by authorityof the By-Laws of INTERNATIONALFIDELITYINSURANCE COMPANYand ALLEGHENY CASUALTY COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONALFIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 2010- and by the Board of Directors of ALLEGHENY CASUALTYCOMPANY ata meeting duly held on the 10th day of July, 2015:

RESOLVED,that (1)theChiefExecutiveOfficer,President,ExecutiveVicePresident,VicePresidentor Secretaryof theCorporationshallhavethepowerto appoint,andtorevokethe appointmentsof, Attorneys-in-Fact or agentswithpowerandauthorityas definedor limitedin theirrespectivepowersofattorney,andtoexecuteon behalfof the Corporationandaffix theCorporation's sealthereto,bonds,undertakings, recognizances, contractsof indemnityandother writtenobligationsin the naturethereof or related thereto; and (2) any such Officersof the Corporationmay appointand revokethe appointmentsof joint-controlcustodians,agentsforacceptanceofprocess,andAttorneys-in-factwithauthoritytoexecutewaiversandconsentsonbehalfof theCorporation;and (3) thesignatureof any.suchOfficerof the CorporationandtheCorporation's sealmaybe affixedby facsimileto any powerof attorneyor certification givenfortheexecutionofanybond, undertaking,recognizance, contractofindemnityorotherwrittenobligationinthenaturethereofor relatedthereto,suchsignatureandseals, whensousedwhetherheretoforeorhereafter, beingherebyadoptedbytheCorporationastheoriginalsignature,ofsuchofficerandtheoriginalsealoftheCorporation,to bevalidandbindingupontheCorporationwiththesameforceandeffectas thoughmanuallyaffixed." IN WITNESSWHEREOF, INTERNATIONALFIDELITYINSURANCECOMPANYand ALLEGHENYCASUALTYCOMPANYhaveeach executedand attestedthese presents on this 31st day of December, 2016. psuAc?.

STATE OF NEW JERSEY 4
County of Essex s, ci •
00%
1 o
TSEAL46 r4"0"
r4
4 44"JEW George R. JamesExecutive Vice President( International Fidelity 4e4v Insurance Company) and Vice President
Allegheny Casualty Company)
On this31stdayofDecember2016,beforemecametheindividualwhoexecutedtheprecedinginstrument,tomepersonallyknown,and,beingbymeduly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY• that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were dulyaffixedbyorderoftheBoardsof DirectorsofsaidCompanies.

IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. 0,
LipAt!rt,

10.41'. 4; L:

P.

Litrilid
NOTARY 5, 1
efr•. 410 E
4,-
1:
cloi A NOTARY PUBLIC OF NEW JERSEY
My Commission Expires April 16, 2019
NE* I

CERTIFICATION
I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have comparedthe foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By-Laws of said Companies as set forth in said PowerofAttorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. 4- 1,-%
02IN TESTIMONY WHEREOF, I have hereunto set my hand this0 day of U) ick/ 0/ 9 i MARIAtRANCO;AsOPIan1Secretary...•:: • ••• •
i;
i•*.i:. 3
285
Bond No.: LAIFSU0737073- M
Contract No.: zo 213 _ 04„,/
Approved: 1/ z/ Zo/
WARRANTY BOND Premium: Included with the Performance
Tract Map 18903 Bond for the First Annual Term
WHEREAS, the City Council of the City of Chino, State of California, hereinafter designated as CITY" and MERITAGE HOMES OF CALIFORNIA, 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 June 18th, 2019, and identified as Project No. TRACT MAP NO. 18903, is hereby referred to and made a part hereof; and
WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the warranty of said improvements.

NOW, THEREFORE, we, the Principal, and International Fidelity Insurance Company , as surety, are held and firmly bound unto the City of Chino in the penal sum of Four Hundred One Thousand Nine Hundred Twenty- Seven Dollars ($ 401, 927.00) 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 May 10,2019
Meritage Homes of California International Fidelity Insurance Company SURETY
By:

V
By: pc.9. J
Darin E. Rowe Kristin D. Thurber, Attorney- In- Fact
Vice President AsseSN3N1 IOE( S) MUST BE NOTARIZED
Document No. 19808( PWFORMS\ BONDS- Warranty\ rev. 04/ 2017) Page 1 of 1 286

ALL- PURPOSE ACKNOWLEDGEMENT
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 ARIZONA SS

COUNTY OF MARICOPA
May 14, 2019 Jeanne A. MalysOn before me, Notary Public, personally appeared Darin E. Rowe, Vice President of Asset Management, Meritage Homes of California, Inc. who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/ are subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in his/ her/ their authorized capacity( ies), and that by his/ her/ their signature( s) on the instrument the person( s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTYOFPERJURYunder the laws of the State of Arizonathat the foregoing paragraph is true and correct.

WITNESS my hand and official seal. o<`
NeSj+ r JEANNE A RrALYS
V.:
a NOTARY PUBLIC, ARIZONA
ram MARICOPA COUNTY
o + 2a My Commission Expires
Signature c 1912 ° October 17, 2020
This area for official notarial seal.

OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT

CAPACITY CLAIMED BY SIGNER
Thoughstatute does not require the Notary to fill in the data below, doing so may prove invaluableto persons relying on the documents.

I INDIVIDUAL

P CORPORATE OFFICER( S) TITLE( S)

PARTNER( S) LIMITED I I GENERAL
Pi ATTORNEY-IN-FACT

TRUSTEE( S)

GUARDIAN/ CONSERVATOR
OTHER
SIGNER IS REPRESENTING:

Name of Person or Entity Name of Person or Entity

OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT
Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form.

THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT:

NUMBER OF PAGES DATE OF DOCUMENT

SIGNER( S) OTHER THAN NAMED ABOVE
Reproduced by First American Title Company 11/ 2007
287

ALL- PURPOSE ACKNOWLEDGEMENT
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 Arizona SS
COUNTY OF Maricopa
On May 10, 2019 before me, Hillary D. Shepard Notary Public, personally appeared Kristin D. Thurber
who provedto me on the basisof satisfactoryevidenceto be the person(s) whose name(s) is/are subscribedto the within instrument and acknowledged to me that he/ she/ they executed the same in his/ her/ their authorized capacity( ies), and that by his/ her/ their signature( s) on the instrument the person( s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certifyunderPENALTYOFPERJURYunderthe lawsof the Stateof Arizonathat the foregoingparagraphis true andcorrect.

WITNESS my hand and official seal.
1!/ icr
1 HILLARY D. SHEPARD
Signature (.[
i' Arizona
MARICOPAC COary
Public- State
UNTY
My Oommiesion Expires March 17, 2022
This area for official notarial seal.

OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT

CAPACITY CLAIMED BY SIGNER
Thoughstatutedoesnot requirethe Notaryto fill in the databelow, doingso mayproveinvaluableto personsrelyingon the documents.

INDIVIDUAL

CORPORATE OFFICER( S) TITLE( S)

PARTNER( S) LIMITED I I GENERAL

X ATTORNEY- IN- FACT

TRUSTEE( S)

GUARDIAN/ CONSERVATOR
OTHER
SIGNER IS REPRESENTING:

International Fidelity Insurance Company
Name of Person or Entity Name of Person or Entity

OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT
Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form.

THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT:

NUMBER OF PAGES DATE OF DOCUMENT

SIGNER( S) OTHER THAN NAMED ABOVE
Reproduced by First American Tide Company 11/ 2007
288
T61(973) 624- 120 0
POWER OF ATTORNEY 1

INTERNATIONAL FIDELITY INSURANCE COMPANY

ALLEGHENY CASUALTY COMPANY
ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102- 5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONALFIDELITYINSURANCECOMPANY,a corporationorganizedand existingunderthelaws of the State of NewJersey, andALLEGHENYCASUALTYCOMPANYacorporationorganizedandexistingunderthelawsoftheStateof NewJersey, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint ERIN BROWN, DAVID G. JENSEN, BRANDY L. BAICH, KRISTIN D. THURBER, JAMES A. BRACY Scottsdale, AZ.
theirtrueandlawfulattorney(s)-in-facttoexecute,sealanddeliverforandonitsbehalfassurety,anyandallbondsandundertakings,contractsof indemnity andother writings obligatory in the nature thereof, which are or may be allowed, requiredor permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANYand ALLEGHENYCASUALTYCOMPANY, as fully and amply, toall intentsand purposes,as if the same had been duly executedand acknowledged by their regularly elected officers at their principal offices.

This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By- Laws of INTERNATIONAL FIDELITY INSURANCE COMPANYand ALLEGHENY CASUALTY COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONALFIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 2010 and by the Board of Directors of ALLEGHENY CASUALTYCOMPANYat a meeting duly held on the 10th day of July, 2015:

RESOLVED,that ( 1) the Chief Executive Officer, President, Executive Vice President,Vice President or Secretary of the Corporation shall have the power to appoint,andtorevoketheappointmentsof,Attorneys-in-Fact or agentswithpowerandauthorityas definedor limitedin theirrespectivepowersof attorney, andtoexecuteonbehalfofthe Corporationandaffix theCorporation's sealthereto,bonds,undertakings, recognizances, contractsof indemnityandotherwritten obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint-c.ontroicustodians, agents for acceptance of process, and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation; and ( 3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seats when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presentson this 31st day of December, 2016, Art i4j STATE OF NEW JERSEY GraSUAL„)),.

County of Essex ooIV low
SEAL e/
ar4
1936
z
1904 4
de'Sto " George R. James
449 * 1,:f,"" Executive Vice President( International Fidelity 4, 414, st7,/JEftInsurance Companyland Vice President
Allegheny Casualty Company)
On this 31st day of December 2016, before roe came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixedby order of the Boards of Directors of said Companies.

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

0.01%
ps.
ti

ON/,,,,
4%z." .• 41.
0 NOTARY
5; 7.
frqPU4LIC fa;
V3, A NOTARY PUBLIC OF NEW JERSEYZ*
My Commission Expires April 16, 2019
NEki

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

IN TESTIMONY . WHEREOF, I have hereunto set my hand this 0 dayof Ai/ • 0?0 9 MARIA BRANCO,.Assistant Secretary
2; 7 111
289
r••
BOND NO. SU 1148568
PREMIUM $ 100. 00

MONUMENT BOND
Bond Number: SU 1148568
KNOW ALL MEN BY THESE PRESENTS:

THAT Meritage Homes of California as Subdivider of Tract No. 18903 in the City of Chino, County of San Barardino, State of California, has submittedtosaidCitya FinalMapofsaidtractcontaininganengineer'sorsurveyor's certificate statingthatallfinalmonumentswillbesetinthepositionsindicatedonorbeforethedate specified in said certificate:

That said MeritageHomesof Califomia
Subdivider)
as principal, and Arch Insurance Company
as surety, hereby guarantee to the City of Chino the payment of the cost of setting all suchmonumentswithinor inconnectionwithsaidtract,asarenotalreadysetpriortothe recordingofsaidFinalMap,inaccordancewithsaidmapandsaidcertificateupto butnotin excess of the sum of$ Fifteen Thousand and No/ 100 Dollars($ 15, 000. 00) , in which sum we are held and firmly bound to the City of Chino, all in accordance with and subject to the terms, conditions and provisions of Article 9, Chapter 4 of the Government Code of the State of California.

IN WITNESS WHEREOF, we have executed this instrument this 16th day of May 2019
Heritage Homes
of4:
ayt6p` a, , s /' as Principal
By
Darin E. Rowe
By Vice President Accet Management
Arch nsurance Company
p}
as Surety
By rlc- u'/ ult'"
By Kristin D. Thurber, Attorney- In- Fact
1 PA Land Development\ Current Projects\ Regatta HB- Holly and Gothard\ Bonds\ Tr 18106 Monument Bood. 4oc 290
l'
STATE OF..CALFWORNIA )
SS
COUNTY OF 0a. D, niardinif )
as- 1/4 L000..

ON
I I f BEFORE ME, . j& E{ V1 vl'. A- ( C1tyi
A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED jAri$ A t . e.O AND iv/

PERSONALLYKNOWNTOME(ORPROVEDTOMEONTHEBASISOFSTATISFACTORY

EVIDENCE)TOBETHEPERSONSWHOSENAMESARESUBSCRIBEDTOTHEWITHIN

INSTRUMENTANDACKNOWLEDGESTOMETHATTHEYEXECUTEDTHESAMEINTHEIR

AUTHORIZEDCAPACITIES,ANDTHATBYTHEIRSIGNATURESONTHEINSTRUMENTTHE

PERSONS,ORTHEENTITYUPONBEHALFOFWHICHTHEPERSONSACTED, EXECUTED THE INSTRUMENT.

WITNESS HAND
tti
SIGNATUR 1i(E..C( t0
1-
MY PRINCIPAL/+ PLACE OF BUSINESS IS
NOTARY P . LIC IN AND FOR SAID ST TE IN Mctr 1 + it COUNTY 0 fnVtvle 71- l tC lj
1 PRINTED NAMY MY COMMI
o\pie , JEANN A MALYS _
tr
NOT RY PUBLIC, ARiZONA-
4)

N MAPKOPA COUNTY
kd
Arizona
t`
y Myy Ccn lr, ssict Expires
stz
October 1.7, 2020
STATE OF VAVAN1PG, i( )
Maricopa ) SS
COUNTY OF 7®L%Ad4 )
ON 5/ 16/ 2019 BEFORE ME, Hillary D. Shepard

A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED Kristin D. Thurber AND N/ A

PERSONALLY KNOWN TO ME( OR PROVED TO ME ON THE BASIS OF STATISFACTORY

EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN

INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR

AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE

PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT.

WITNESS MY HAND
7 SIGNATURE 1./DA ' 1 LS

MY PRINCIPAL PLACE OF BUSINESS IS
NOTARY PUBLIC IN AND OR SAID ATE IN Maricopa COUNTY
Hillary D. Shepard
PRINTED NAME MY COMMISSION EXPIRES 3/ 17/ 2022
HILLARY D. SHEPARD
2 NotaryPublic-StateofArizona
y MARICOPA COUNTY
P:\ land Development\ Current Projects\ Regatta HB- Holly and Gothard\ Bonds\ Tr 18106 Monument Bond. doc IfCommission Expires March 17. 2022 291
tiT

41. AIC 0000263293
THISPOWEROFATTORNEYISNOTVALIDUNLESSITISPRINTEDONBLUEBACKGROUND.

This-Powerofattorneylimitstheactsofthosenamedherein, andtheyhavenoauthoritytobindtheCompanyexceptinthe.mnerandtotheextenthereinstated. NotvalidforNote, Loan, Letterofcredit, CurrencyRate, InterestRateorResidentialValue Guarantees.

POWER OF ATTORNEY
Know All PersonsBy ThesePresents:

ThattheArchInsuranceCompany, acorporationorganizedandexistingunderthelawsoftheStateofMissouri, havingitsprincipal administrativeofficeinJerseyCity, NewJersey(hereinafterreferredtoasthe"Company")doesherebyappoint:

DavidG.Jensen,ErinBrown, KristinThurber,TerryCrullandVickiL.BreunigofScottsdale,AZ(EACH) itstrueandlawfulAttomey(s)in-Fact,tomake,execute,seal,anddeliverfromthedateofissuanceofthispowerforandonitsbehalfas surety, and as its act and deed:

Anyandallbonds,undertakings, recognizancesandothersuretyobligations, inthepenalsumnotexceeding Ninety Million Dollars($ 90, 000, 000. 00).

ThisauthoritydoesnotpermitthesameobligationtobesplitintotwoormorebondsInordertobringeachsuchbondwithinthedollar limit of authority as set forth herein.

Theexecutionof suchbonds, undertakings, recognizancesandothersuretyobligationsin pursuanceof thesepresentsshall be as bindinguponthesaidCompanyas fullyand amplyto all intentsandpurposes, as if the samehadbeendulyexecutedand knowledgedbyitsregularlyelectedofficersatitsprincipaladministrativeofficeinJerseyCity, NewJersey.

ThisPowerofAttorneyisexecutedbyauthorityofresolutionsadoptedbyunanimousconsentoftheBoardofDirectorsoftheCompany onSeptember15, 2011,trueandaccuratecopiesofwhicharehereinaftersetforthandareherebycertifiedto bytheundersigned Secretaryas beingin full force and effect:

VOTED, ThattheChairmanoftheBoard, thePresident, ortheExecutiveVicePresident, oranySeniorVicePresident, oftheSurety BusinessDivision, ortheirappointeesdesignatedinwritingandfiledwiththeSecretary, ortheSecretaryshallhavethepowerand authoritytoappointagentsandattorneys-in-fact, andtoauthorizethemsubjecttothelimitationssetforthintheirrespectivepowersof attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizances and other surety obligationsobligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." _-
ThisPowerof-Attorneyissigned, sealedandcertifiedbyfacsimileunderandbyauthorityof thefollowingresolutionadoptedbythe unanimousconsentoftheBoardofDirectorsof theCompanyonSeptember15,2011:

VOTED,That the signatureof the Chairmanof the Board,the President, or the ExecutiveVice President, or any SeniorVice President, of the SuretyBusinessDivision, or their appointeesdesignatedin writingand filed with the Secretary, and the signatureof the Secretary,thesealoftheCompany,-andcertificationsbytheSecretary, maybeaffixedbyfacsimileonanypowerofattorneyorbond executedpursuantto theresolutionadoptedbytheBoardof DirectorsonSeptember15, 2011, andanysuchpowerso executed, sealedandcertifiedwithrespecttoanybondorundertakingtowhichit isattached, shallcontinueto bevalidandbindinguponthe Company.
00ML0013 00 03 03 Page 1 of 2 Printed in U. S. A.
292

9. 5

MEMORANDUM

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT
COUNCIL MEETING DATE: JULY 2, 2019
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR SUBJECT: APPROVE FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 18903, MERITAGE HOMES OF CALIFORNIA, INC.

RECOMMENDATION
1) Approve Tract Map No. 18903; 2) approve the Subdivision Improvement Agreement and securities with Meritage Homes of California, Inc.; and 3) authorize the City Manager to execute the necessary documents on behalf of the City.

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

Revenue: Expenditure:

Transfer In: Transfer Out:
1CONSENTCALENDAR' Packet Po: t
293

9.5 COUNCIL MEETING DATE: JULY 2, 2019
SUBJECT: APPROVEFINALMAPANDSUBDIVISIONIMPROVEMENTAGREEMENT TRACT MAP NO. 18903, MERITAGE HOMES OF CALIFORNIA, INC
PAGE 2

BACKGROUND
OnApril18, 2017, theChinoCityCouncilconditionallyapprovedTentativeTractMapNo. 18903 to subdivide12.04 acreswithinthe RD4.5 (Residential, 4.5 dwellingunits/acre) zoningdistrict into 38 single-family lots. This developmentis locatednorthof ChinoAvenue betweenPipeline andNortonAvenues (ExhibitA). AnnexationproceedingswereinitiatedbytheCityofChinoand approved by the Local Agency Formation Commission ( LAFCO) on November 29, 2017.

Subsequently, the City of Chino PlanningCommissionconditionallyapproved Site Approval PL17-0112on August20, 2018for the developmentof 38 single-familyhomeson the site.

ISSUES/ ANALYSIS
Theconditionsof approvalrequirethe developerto constructpublicimprovements, includingbut not limited to curb, gutter sidewalk, streetlights, curb & gutter, paving, water, sewer, and storm drain.

The requirementsmade at the time of the TentativeMap and Site Approval have been met by the execution of the Subdivision ImprovementAgreement and by posting the necessary securities to guarantee the construction of public improvements. The City Attorney has reviewed and approved the Subdivision Improvement Agreement and respective securities.

Attachments: Exhibit A - Site Map
Exhibit B - Subdivision Improvement Agreement
CONSENT"CALENDAR' 1 1 Packet Per. 31
294
RESOLUTION NO 2015- 078

EXHIBIT C
C'1Tl OF CHINO
i ENGINEERING COST ESTIMATE
is lir y ' r
PROJECT NO: TTM 18903- IMPROVEMENTS
LOCATION:

BETWEENPIPELINEAVEBNORTONAVENORTHOFCHINOAVECITY OF CHINO ENGINEERING By: HUITT- ZOLLARS, MJG
1 (
DATE: 5/ 9/ 2019 BY Isla co A ' DATE "/ It1CI
Quantity Unit Item Unit Total Cost
Price Per Item

STREETS
LS Traffic Control( 5% of construction cost) 5% $ 52, 441. 61 LS Clear& Grub Site( 5% of construction cost) 5% $ 52, 441. 61 EA Tree Removal 800. 00 $
CY Concrete Removal 300. 00 $
CY AC Pavement Removal 100. 00 $
LS Excavation( Clean Material)( 5% of Construction Cost) 5% $ 52, 441. 61 CY Imported Common Fill( Ind. Compaction) 34. 00 $
61, 771 SF Preparation of Subgrade 1. 00 $ 61, 771. 00 3, 218 LF PCC 6" Curb& 24" Gutter 23. 00 $ 74, 014. 00 1, 926 LF PCC 8" Curb& 24" Gutter 23. 00 $ 44, 298. 00 25 LF PCC Curb Only: for SD str,. c Lu• 3 3'?' eciado Ave; 20. 00 $ 500. 00 LF 8" A. C. Berm 20. 00 $
2, 009 SF 8" PCC Cross Gutter 11. 00 $ 22, 099. 00
25, 112 SF 4" PCC Sidewalk 5. 80 $ 145, 649. 60
8, 100 SF 6" PCC Thick Drive Approach. a4>,- k 5, si-. , ; c.,' 7. 40 $ 59, 940. 00 SF 8" PCC Thick Drive Approach 9. 00 $
LF 2" x 6" Redwood Header 5. 00 $
3 EA Street Sign 475. 00 $ 1, 425. 00
6 EA Traffic Sign and Post 400. 00 $ 2, 400. 00
EA Reflector Sign and Post 175. 00 $
4 EA Painted Legend 6. 50 $ 26. 00
SF Prime or Tack Coat 0. 05 $
TON AC Variable-< 300T 90. 00 $
2, 687 TON AC Variable-> 300T 3 cres trek; 80. 00 $ 214, 960. 00 EngCostEstimate Page 1 of 13 Effective Date: January 1, 2016 295 RESOLUTION NO 2015- 078

EXHIBIT C

CITY OF CHINO
f-a 3 ENGINEERING COST ESTIMATE
PROJECT NO: TTM 18903- IMPROVEMENTS
LOCATION: BETWEENPIPELINEAVE& NORTONAVE NORTHOF CHINOAVE By: HUITT- ZOLLARS, MJG
DATE: 5/ 9/ 2019
Quantity Unit Item Unit Total Cost
Price Per Item

STREETS
TON CAB Variable-< 300T 75. 00 $
3, 414 TON CAB Variable-> 300T ( 61, 771 SF, 8inches thick) 65. 00 $ 221, 910. 00 11 EA Adjust Sewer Manhole to Grade 665. 00 $ 7, 315. 00 LS Mobilization 5% $ 52, 441. 61
EA Adjust Sewer Cleanout to Grade 350. 00 $
12 EA Adjust Water Valve to Grade 265. 00 $ 3, 180. 00 15, EA Street Light( City Owner) 6, 700. 00 $ 100, 500. 00 EA Lot Monument Setting Fee 550. 00 $
1922 LF Sawcut A. C. 3. 00 $ 5, 766. 00
LF Sawcut Concrete 3. 00 $
30256 SF Cold Plan A. 0( 5 foot wide) 0. 28 $ 8, 471. 68 LF Signing& Striping for
Arterial 19. 00 $
1364 Collector 13. 00 $ 17, 732. 00
Local 7. 00 $
EA Traffic Signal( 8- Phase Controller) 250, 000. 00 $ EA Modify existing Traffic Signal per Quadrant 50, 000. 00_ $ LF Chain Link Fence
4 foot Residential Grade( Add$ 7.00/ LF for Removal of
75 Existing Fence) 25. 00 $ 1, 875. 00
6 foot School fence( Add$ 9.00/ LF for Removal of
Existing Fence) 35. 00 $
EA Utility Poles
2 EA Pole Removal and Underground( 300+/- LF) 11, 500. 00 $ 23, 000. 00 Transmission 11, 500. 00 $
Distribution 8, 000. 00 $
Service 3, 000. 00 $
EngCostEstimate Page 2 of 13 Effective Date: January 1, 2016 296
RESOLUTION NO 2015- 078

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: TTM 18903- IMPROVEMENTS
LOCATION: BETWEEN PIPELINEAVE& NORTONAVE NORTHOF CHINOAVE By: HUITT- ZOLLARS, MJG
DATE: 5/ 9/ 2019
Quantity Unit Item Unit Total Cost
Price Per Item

STREETS
Landscape( Including shrubs, Hardscape, Irrigation, Ground Cover, Lighting, Installation Labor and Connection to
SF Existing Systems) 10. 00 $
14 foot Median with Landscape, Irrigation, Lighting,
LF Hardscape, Curb, Gutter& Pavement 300. 00 $
Rail Road Crossing
Safety Equipment( Complete Including Crossing Gates,
LS Signs, and Lights) 400, 000. 00 $
SF Track Crossing( Concrete) 150. 00 $
SF Approach 2. 25 $
8 EA S. W. Ramps( A. D. A. Compliant) 4, 000. 00 $ 32, 000. 00 EA Traffic Signal Loops 400. 00 $
STREET SUBTOTAL 1, 258, 598. 74
PROJECT ADDITIVES project Contingencies 10% $ 125,859,87_ Construction Staki 3% $ 37, 757. 98
Soils Testing 1% $ 12, 585. 99„
Material Testing 1% $ 12,585 99
Construction inspection 2% $ 25, 171. 07
Contract Administration 1a $ 12, 585. 99
GRAND TOTAL STREETS ONLY 1, 485, 146. 51
EngCostEstimate Page 3 of 13 Effective Date: January 1, 2016 297
RESOLUTION NO 2015- 078

EXHIBIT C

CITY OF CHINO
s ENGINEERING COST ESTIMATE
Oq E'- PROJECT NO: TTM 18903- IMPROVEMENTS
LOCATION: BETWEEN PIPELINE AVE& NORTON AVE NORTH OF CHINO AVE By: HUITT- ZOLLARS, MJG
DATE: 5/ 9/ 2019
Quantity Unit Item Unit Total Cost
Price Per Item
WATER
LS Traffic Control( 5% of Construction Cost) 5% $ 17, 824. 50 LF Trench Support/ Shoring( 6 foot depth) 15. 00 $
CY Pipe Bedding( Imported) 45. 00 $
6" Pipe& Fittings Installed, including excavation, bedding, LF backfill and pavement restoration 60. 00 $
8" Pipe& Fittings Installed, including excavation, bedding, 1, 688 LF backfill and pavement restoration. 75. 00 $ 126, 600. 00 10" Pipe& Fittings Installed, including excavation, bedding, LF backfill and pavement restoration 80. 00 $
12" Pipe& Fittings Installed, including excavation, bedding, LF backfill and pavement restoration 90. 00 $
16" Pipe& Fittings Installed, including excavation, bedding, LF backfill and pavement restoration 105. 00 $
EA 6" Gate Valve 1, 500. 00 $
10 EA 8" Gate Valve 2, 000. 00 $ 20, 000. 00
EA 10" Gate Valve 2, 400. 00 $
EA 12" Gate Valve 2, 800. 00 $
EA _ 16" Gate Valve 3, 500. 00 $
4 EA Fire Hydrant Assembly per City Std. 7, 500. 00 $ 30, 000. 00 3 EA Blow- off Assembly per City Std. 4, 500. 00 $ 13, 500. 00 3 EA Air Relief Assembly 4, 500. 00 $ 13, 500. 00
38 EA 1" Water Service/ Meter 3, 500. 00 $ 133, 000. 00 1 EA 1. 5" Irrigation Service/ Meter 4, 500. 00 $ 4, 500. 00 2 EA Cut- In Tee 5, 000. 00 $ 10, 000. 00
8" CML& C Pipe& Fittings Installed, including excavation, 49 LF bedding, backfill and pavement restoration. 110. 00 $ 5, 390. 00 EngCostEstimate Page 4 of 13 Effective Date: January 1, 2016 298

RESOLUTION

NOEXHIBIT
2015-
078C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: TTM 18903- IMPROVEMENTS
LOCATION: BETWEENPIPELINEAVE8,NORTONAVENORTHOFCHINOAVE By: HUITT- ZOLLARS, MJG
DATE: 5/ 9/ 2019
Quantity Unit Item Unit Total Cost
Price Per Item
WATER
WATER SUBTOTAL 374, 314 50
PROJECT ADDITIVES Project Contingencies 10% $ 3743t: 4S Construction Staking 3% $ 11, 229. 44
Solis Testing 1% $ 3,743.15
Material Testing 1% 3, 74315
Construction Inspection gala $ 7, 486. 29
Contract Administration 1% $ 3, 743. 15
GRAND TOTAL WATER ONLY 441, 691. 11
EngCostEstimate Page 5 of 13 Effective Date: January 1, 2016 299
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EXHIBIT C

CITY OF CHINO

G EERING CO STIN ESTIMATE
PROJECT NO: TTM 18903- IMPROVEMENTS
LOCATION: BETWEEN PIPELINE AVE& NORTON AVE NORTH OF CHINO AVE By: HUITT- ZOLLARS, MJG
DATE: 5/ 9/ 2019
Quantity Unit Item Unit Total Cost
Price Per Item

RECYCLED WATER
LS Traffic Control( 5% of Construction Cost) 5% $
LF Trench Support/ Shoring( 6 foot depth) 15. 00 $
CY Pipe Bedding( Imported) 45. 00 $
6" Pipe& Fittings Installed, including excavation, bedding, LF backfill and pavement restoration 60. 00 $
8" Pipe& Fittings Installed, including excavation, bedding, LF backfill and pavement restoration. 75. 00 $
10" Pipe& Fittings Installed, including excavation, bedding, LF backfill and pavement restoration 80. 00 $
12" Pipe& Fittings Installed, including excavation, bedding, LF backfill and pavement restoration 90. 00 $
16" Pipe& Fittings Installed, including excavation, bedding, LF backfill and pavement restoration 105. 00 $
EA 6" Gate Valve 1, 500. 00 $
EA 8" Gate Valve 2, 000. 00 $
EA 10" Gate Valve 2, 400. 00 $
EA 12" Gate Valve 2, 800. 00 $
EA 16" Gate Valve 3, 800. 00 $
EA Fire Hydrant Assembly per City Std. 7, 500. 00 $
EA Blow- off Assembly 6" per City Std. 4, 500. 00 $ EA 2" Air Relief Assembly 4, 500. 00 $
EA 1" Water Service/ Meter 3, 500. 00 $
EA 2" Water Service/ Meter 4, 500. 00 $
EngCostEstimate Page 6 of 13 Effective Date: January 1, 2016 300
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EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: TTM 18903- IMPROVEMENTS
LOCATION : BETWEEN PIPELINE AVE& NORTON AVE NORTH OF CHINO AVE By: HUITT- ZOLLARS, MJG
DATE: 5/ 9/ 2019
Quantity Unit Item Unit Total Cost
Price Per Item

RECYCLED WATER

RECYCLED WATER SUBTOTAL
PROJECT ADDITIVES Project Contingencies
Construction Staking 3%
Soils Testing 1% $
Material Testing 1% $
Construction inspection 20/0 $
Contract Administration 1%o

GRAND TOTAL RECYCLED WATER ONLY
EngCostEstimate Page 7 of 13 Effective Date: January 1, 2016 301
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CITY OF CHINO
z x' ENGINEERING COST ESTIMATE
PROJECT NO: TTM 18903- IMPROVEMENTS
LOCATION: BETWEEN PIPELINE AVE& NORTON AVE NORTH OF CHINO AVE By: HUITT- ZOLLARS, MJG
DATE: 5/ 9/ 2019
Quantity Unit Item Unit Total Cost
Price Per Item
SEWER
LS Traffic Control( 5% of Construction cost) 5% $ 15, 319. 25 LF Trench Support/ Shoring 15. 00 $
8" V.C.P Installed, including excavation, bedding, backfill 1, 630 LF and pavement restoration 92. 00 $ 149, 960. 00 10" V.C.P. Installed, including excavation, bedding, backfill LF and pavement restoration 98. 00 $
12" V. C.P. Installed, including excavation, bedding, backfill LF and pavement restoration 104. 00 $
15" V.C.P. Installed, including excavation, bedding, backfill LF and pavement restoration 110. 00 $
18" V.C.P. Installed, including excavation, bedding, backfill LF and pavement restoration 140. 00 $
21" V.C.P. Installed, including excavation, bedding, backfill LF and pavement restoration 150. 00 $
24" V. C. P. Installed, including excavation, bedding, backfill LF and pavement restoration 170. 00 $
32 EA Sewer Saddle 450. 00 $ 14, 400. 00
17 EA Wyes 4" x 8" Typical 225. 00 $ 3, 825. 00
10 EA 48" Sewer Manhole 5, 000. 00 $ 50, 000. 00
EA 60" Sewer Manhole 6, 400. 00 $
49 EA Sewer Cleanout 1, 800. 00 $ 88, 200. 00
EngCostEstimate Page 8 of 13 Effective Date: January 1, 2016 302
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EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: TTM 18903- IMPROVEMENTS
LOCATION: BETWEEN PIPELINE AVE& NORTON AVE NORTH OF CHINO AVE By: HUITT- ZOLLARS, MJG
DATE: 5/ 9/ 2019
Quantity Unit Item Unit Total Cost
Price Per Item
SEWER
SEWER SUBTOTAL 321, 704. 25
PROJECT ADDITIVES Project Contingencies 10% $ 32, 170. 43 9, 651, 13Construction Staking 3% $
Soils Testing 1% $ 3,217. 04.

Material Testing 1% $ 3, 217. 04.

Construction Inspection 2% $ 6,434.09
Contract Administration 1% $ 3, 217, 04
GRAND TOTAL SEWER ONLY 379, 611. 02
EngCostEstimate Page 9 of 13 Effective Date: January 1, 2016 303
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CITY OF CHINO
Dr_ ENGINEERING COST ESTIMATE
PROJECT NO: TTM 18903- IMPROVEMENTS
LOCATION : BETWEEN PIPELINE AVE& NORTON AVE NORTH OF CHINO AVE By: HUITT- ZOLLARS, MJG
DATE: 5/ 9/ 2019
Quantity Unit Item Unit Total Cost
Price Per Item

STORM DRAIN
LS Traffic Control( 5% of Construction Cost) 5% $ 47, 965. 00 LF 24" X 36" C. M. P. A.( 10 Gauge) 230. 00 $
LF 27" x 43" C. M. P. A( 10 Gauge 250. 00 $
10 EA Storm Drain Manhole# 1 5, 000. 00 $ 50, 000. 00 1 EA Junction Structure# 2 ( 24" or larger) 4, 400. 00 $ 4, 400. 00 EA Junction Structure# 4 ( 24" or smaller) 2, 500. 00 $ 2 EA Outlet Structure 5, 000. 00 $ 10, 000. 00
EA Catch Basin 3. 5' Width 5, 500. 00 $
1 EA Catch Basin 7' Width/ L. D. 6, 100. 00 $ 6, 100. 00 EA Catch Basin 10' Width/ L. D. 7, 000. 00 $
2 EA Catch Basin 14' Width/ L. D. 8, 000. 00 $ 16, 000. 00 4 EA Catch Basin 21' Width/ L. D. 10, 000. 00 $ 40, 000. 00 18 inch RCP Installed, including excavation, bedding,
605 LF backfill and pavement restoration 130. 00 $ 78, 650. 00 24 inch RCP Installed, including excavation, bedding,
50 LF backfill and pavement restoration 150. 00 $ 7, 500. 00 27 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration 160. 00 $
30 inch RCP Installed, including excavation, bedding,
17 LF backfill and pavement restoration 175. 00 $ 2, 975. 00 33 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration 190. 00 $
36 inch RCP Installed, including excavation, bedding,
425 LF backfill and pavement restoration 240. 00 $ 102, 000. 00 39 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration 260. 00 $
42 inch RCP Installed, including excavation, bedding,
295 LF backfill and pavement restoration 275. 00 $ 81, 125. 00 EngCostEstimate Page 10 of 13 Effective Date: January 1, 2016 304
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CITY OF CHINO
t;, _ ENGINEERING COST ESTIMATE
PROJECT NO: TTM 18903- IMPROVEMENTS
LOCATION : BETWEEN PIPELINE AVE& NORTON AVE NORTH OF CHINO AVE By: HUITT- ZOLLARS, MJG
DATE: 5/ 9/ 2019
Quantity Unit Item Unit Total Cost
Price Per Item

STORM DRAIN
45 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration 280. 00 $
48 inch RCP Installed, including excavation, bedding,
390 LF backfill and pavement restoration 300. 00 $ 117, 000. 00 51 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration 325. 00 $
54 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration 350. 00 $
60 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration 360. 00 $
63 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration 370. 00 $
66 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration 400. 00 $
72 inch RCP Installed, including excavation, bedding,
525 LF backfill and pavement restoration 460. 00 $ 241, 500. 00 78 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration 470. 00 $
81 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration 490. 00 $
84 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration 510. 00 $
90 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration 540. 00 $
96 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration 570. 00 $
102 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration 610. 00 $
108 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration 640. 00 $
7' x 4' RCB Installed, including excavation, bedding, backfill 235 LF and pavement restoration 700. 00 $ 164, 500. 00 7' x 8. 5' RCB Installed, including excavation, bedding, LF backfill and pavement restoration 820. 00 $
7' x 9. 5' RCB Installed, including excavation, bedding, LF backfill and pavement restoration 870. 00 $
8' x 11' RCB Installed, including excavation, bedding, backfill LF and pavement restoration 1, 000. 00 $
8' x 13' RCB Installed, including excavation, bedding, backfill LF 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' RCB Installed, including excavation, bedding, backfill LF and pavement restoration 680. 00 $
585 LF 8" PVC installed, including excavation, bedding and backfill $ 30. 00 $ 17, 550. 00 EngCostEstimate Page 11 of 13 Effective Date: January 1, 2016 305
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EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: TTM 18903- IMPROVEMENTS
LOCATION: BETWEEN PIPELINE AVE& NORTON AVE NORTH OF CHINO AVE By: HUITT- ZOLLARS, MJG
DATE: 5/ 9/ 2019
Quantity Unit Item Unit Total Cost
Price Per Item

STORM DRAIN
2 EA Transition Structure 10, 000. 00 $ 20, 000. 00 STORM DRAIN SUBTOTAL 1, 007, 265. 00
PROJECT ADDITIVES Project Contingencies 10% $ 100,726.50 Construction Staking - r 3°10 $ 30, 217. 95
Soils Testing 1% $ 10,072,65
Material Testing 1% $ 10, 072, 65
Construction Inspection 2% $ 20, 145. 30
Contract Administration 1% $ 10, 072. 65
GRAND TOTAL STORM DRAIN ONLY 1, 188, 572. 70
EngCostEstimate Page 12 of 13 Effective Date: January 1, 2016 306
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EXHIBIT C

CITY OF CHINO
7Z= ENGINEERING COST ESTIMATE
PROJECT NO: TTM 18903- IMPROVEMENTS
LOCATION: BETWEEN PIPELINE AVE It NORTON AVE NORTH OF CHINO AVE By: HUITT- ZOLLARS, MJG
DATE: 5/ 9/ 2019
Quantity Unit Item Unit Total Cost
Price Per Item
ENGINEER' S ESTIMATE GRAND TOTAL 3, 495 021. 33
Additional Construction and Administration Contingencies 15% 524, 253. 20 TOTAL 4, 019, 274. 53
BY ENGINEER 7 , gyp
Prepared By: 5/ 9/ 2019
R. C. E. Number. 65195
Expiration: September 30, 2019
QRpFESS/pN4e
ESfrn
N. 65195
s/., CIV11 Q
F OF CAS\
O
Place R. C. E. Stamp Here

BY CITY
Faithful Performance Bond( 100% of Construction Cos() 4, 019, 275. 00 Labor& material Bond( 50% of Construction Cos() 2, 009, 637. 00 Warranty Bond( 10% of Construction Cost) 401, 927. 00

EVIEWED

CITY OF CHINO ENGINEERING
BY lsidra A. DATE 5! Iy11c
EngCostEstimate Page 13 of 13 Effective Date: January 1, 2016 307 308
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