SUBDIVISION IMPROVEMENT AGREEMENT
by and between
CITY OF CHINO
and
CENTURY COMMUNITIES OF CALIFORNIA LLC
01225.0006/366470.2 Updated 10-2020
SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN
THE CITY OF CHINO
AND
CENTURY COMMUNITIES OF CALIFORNIA LLC
Agreement Date: September 21, 2021
Subdivider Name: Century Communities of California LLC
Subdivision Description: Project consists of the construction of 79 single-family homes on 15.00 adjusted gross acres of land at a density of 5.27 dwelling units per acre in the Low Density Residential (LDR) land use designation of the Block 4 Master Plan area. within The Preserve Specific Plan.
Tentative Map No.: 20165
Estimated Total Cost of Improvements: $3,468,500.00
Estimated Total Cost of Monumentation: $38,000.00 (based upon the plans, including individual lots, subdivision boundary and public improvements).
Security:
Bond No.: 21BSBIR9270
Surety: Century Communities of California, LLC
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Designees for the Service of Written Notice:
CITY: SUBDIVIDER:
Chris Magdosku Nicole Balchunas
City Engineer Assistant Project Manager
13220 Central Avenue Century Communities of California, LLC Chino, CA 91710 4695 MacArthur Court, Suite 300
Newport Beach, CA 92660
(909) 334-3417
[email protected] (949) 234-8952
[email protected]
CITY PROJECT INSPECTOR
Isaac Ortega
Permit & Inspection Supervisor
13220 Central Avenue
Chino, CA 91710
(909) 334-3501
[email protected]
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TABLE OF CONTENTS
1. Construction Obligations
1.1 Works of Improvement
1.2 Other Obligations Referenced in Conditions of Tentative Map Approval
1.3 Intent of Plans
1.4 Survey Monuments
1.5 Performance of Work
1.6 Changes in the Work
1.7 Defective Work
1.8 No Warranty by City
1.9 Authority of the City Engineer
1.10 Documents Available at the Site
1.11 Inspection
1.12 Compliance with Law; Applicable Standards for Improvements
1.13 Suspension of Work
1.14 Erosion and Dust Control and Environmental Mitigation
1.15 Final Acceptance of Works of Improvement
1.16 Vesting of Ownership
1.17 Subdivider's Obligation to Warn Public During Construction
1.18 Injury to Public Improvements, Public Property or Public Utility
2. Time for Performance
2.1 Commencement and Completion Dates
2.2 Phasing Requirements
2.3 Force Majeure
2.4 Continuous Work
2.5 Reversion to Acreage
3. Labor
3.1 Labor Standards
3.2 Nondiscrimination
3.3 Licensed Contractors
3.4 Workers' Compensation
4. Security
4.1 Required Security
4.2 Form of Security Instruments
4.3 Subdivider's Liability
4.4 Letters of Credit
4.5 Release of Security Instruments
5. Cost of Construction and Provision of Inspection Service
5.1 Subdivider Responsible for All Related Costs of Construction 01225.0006/366470.2
5.2 Payment to City for Cost of Related Inspection and Engineering Services
5.3 Payment of Development Impact Fees
6. Acceptance of Offers of Dedication
7. Warranty of Work
8. Default
8.1 Default by Subdivider
8.2 Remedies
8.3 Remedies Not Exclusive
8.4 Attorney's Fees and Costs
8.5 Waiver
9. Indemnity/Hold Harmless
10. Subdivider's Indemnity of Project Approval
11. Insurance Requirements
12. Environmental Warranty
13. General Provisions
13.1 Successors and Assigns
13.2 No Third-Party Beneficiaries
13.3 No Vesting Rights
13.4 Subdivider is Not Agent of City
13.5 Time of the Essence
13.6 Notices
13.7 No Apportionment
Severability
13.9 Captions
13.10 Incorporation of Recitals
13.11 Interpretation
13.12 Entire Agreement; Waivers and Amendments
13.13 Counterparts
14. Authority
01225.0006/366470.2
SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is entered into this 21s1 day of September, 2021, by and between the CITY OF CHINO, a municipal corporation, organized and existing in the County of San Bernardino, under and by virtue of the laws of the State of California, ("CITY"), and CENTURY COMMUNITIES OF CALIFORNIA LLC (Subdivider").
RECITALS
A. Subdivider is the owner of, and has obtained approval of a subdivision map identified as Tentative Tract Map No. 20165, (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.
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 Final Map No. 20165 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 $3,468,500.00.
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1 1.2. Other Obligations Referenced in Conditions of Tentative Map Approval. In addition to the foregoing, Subdivider shall satisfy all of the Conditions on the Map for the Property. The Conditions associated with the Map are included in Exhibit "B" attached hereto.
1.3. Intent of Plans. The intent of the Plans referenced in Section 1.1 is to prescribe a complete work of improvement which Subdivider shall perform or cause to be performed in a manner acceptable to the City Engineer, (or designee), and in full compliance with all codes and the terms of this Agreement. Subdivider shall complete a functional or operable improvement or facility, even though the Plans may not specifically call out all items of work required for Subdivider's contractor to complete its tasks, incidental appurtenances, materials, and the like. If any omissions are made or information necessary to carry out the full intent and meaning of the Plans, Subdivider or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the Plans, reference shall be made to the City Engineer whose decision thereon shall be final.
Subdivider recognizes that the Plans consist of general drawings. All authorized alterations affecting the requirements and information given on the Plans shall be in writing and approved by the City Engineer. The Plans shall be supplemented by such working or shop drawings as are necessary to adequately control the work. Without the City Engineer's prior written approval, no change shall be made by Subdivider or its contractor to any plan, specification, or working or shop drawing after it has been stamped as approved.
1.4. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments as shown on Final Map No. 20165 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. 01225.0006/366470.2
2 1.8. No Warranty by City. The Plans for the Works of Improvement have been prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no representation or warranty, express or implied, to Subdivider or to any other person regarding the adequacy of the Plans or related documents.
1.9. Authority of the City Engineer. In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to decide all questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Subdivider and its contractor.
1.10. Documents Available at the Site. Subdivider shall cause its contractor to keep a copy of all approved Plans at the job site and shall give access thereto to the City's inspectors and engineers at all times.
1.11. Inspection. Subdivider shall have an authorized representative on the job site at all times during which work is being done who has full authority to act for Subdivider, or its design engineer, and Subdivider's contractor(s) regarding the Works of Improvement.
Subdivider shall cause its contractor to furnish the City with every reasonable facility for ascertaining whether or not the Works of Improvement as performed are in accordance with the requirements and intent of this Agreement, including the Plans. If the City inspector requests it, the 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 01225.0006/366470.2
3 1.12. In case of suspension of work for any cause whatsoever, Subdivider and its contractor shall be responsible for all materials and shall store them properly if necessary, and shall provide suitable interim drainage and/or dust control measures, and erect temporary structures where necessary.
and construction activities shall be performed in a manner to control erosion and prevent 1.14. Erosion and Dust Control and Environmental Mitigation. All grading, landscaping. flooding problems. The City Engineer shall have the authority to require erosion plans to prescribe reasonable controls on the method, manner, and time of grading, landscaping, and construction activities to prevent nuisances to surrounding properties. Plans shall include without limitation
temporary drainage and erosion control requirements, dust control procedures, restrictions on truck and other construction traffic routes, noise abatement procedures, storage of materials and equipment, removal of garbage, trash, and refuse, securing the job site to prevent injury, and similar matters.
1.15. Final Acceptance of Works of Improvement. After Subdivider's contractor has 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 incomplete or not in compliance after two (2) "final" inspections, the City may require the contractor's initial request for final inspection. If items are found by City's inspectors to be 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 of the Notice of Acceptance. The date on which the Works of Improvement will be considered as complete shall be
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 01225.0006/366470.2
4 the hours, dates and duration of any planned construction activities. neighboring property owners and tenants affected by Subdivider's operations or construction of of the Notice of Acceptance of the Works of Improvement, Subdivider assumes responsibility 1.18. Injury to Public Improvements, Public Property or Public Utility. Until recordation for the care and maintenance of, and any damage to, the Works of Improvements. Subdivider shall replace or repair all Works of Improvements, public property, public utility facilities, and any reason, regardless whether resulting from the acts of the Subdivider, prior to the surveying or subdivision monuments and benchmarks which are destroyed or damaged for recordation
replacement or repairs regardless of what entity owns the underlying property. Any repair or of the Notice of Acceptance. Subdivider shall bear the entire cost of such replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. any accident, loss or damage, regardless of cause, occurring to the work or Works of Neither the City, nor any officer or employee thereof, shall be liable or responsible for Improvements prior to recordation of the Notice of Acceptance of the work or improvements.
2. Time for Performance.
Subdivider shall (i) commence with construction and installation of the Works of Improvement 2.1. Commencement and Completion Dates. Subject to Sections 2.2 and 2.3 below, 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 executed in writing by the City Engineer. The City Engineer in his or her sole discretion hereunder may be extended by up to three (3) additional one year periods. Extensions shall be condition of such extension, the City Engineer may require Subdivider to furnish new security determines whether or not the Subdivider has established good cause for an extension. As a compensate for any increase in construction costs as determined by the City Engineer. If guaranteeing performance of this Agreement, as extended, in an increased amount to City may apply the standards in effect at the time of the extension. Subdivider requests and is granted an extension of time for completion of the improvements, reserves the right to control and regulate the phasing of completion of specific Works of 2.2. Phasing Requirements. Notwithstanding the provisions of Section 2.1, the City relating to the timely provision of public services and facilities. In addition to whatever other Improvement as required to comply with applicable City ordinances, regulations, and rules the same now exist or may be amended from time to time, Subdivider acknowledges City's remedies the City may have for Subdivider's failure to satisfy such phasing requirements, as requirements are satisfied. Prior to issuance of building permits, Subdivider shall provide right to withhold the issuance of further building permits on the Property until such phasing building permits have been satisfied. Such requirements may include the payment of fees, satisfactory evidence that all applicable requirements that are a condition to issuance of Occupancy may be withheld from the Subdivider by the City, if, upon a determination by the construction of improvements, or both. Final inspections or issuance of Certificates of with the development of the Property have not been completed to the City Engineer's City Engineer, completion of specific Works of Improvements or other requirements associated satisfaction.
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5 2.3. Force Majeure. Notwithstanding the provisions of Section 2.1, Subdivider's time for commencement and completion of the Works of Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikes, lockouts, pandemics, acts or failures to act of a public agency (including however, that the period of any enforced delay hereunder shall not include any period longer City, required changes to the scope of work required by City, and similar causes; provided, than five (5) days prior to City's receipt of a written notice from Subdivider or its contractor detailing the grounds for Subdivider's claim to a right to extend its time for performance hereunder. The City Engineer shall evaluate all claims to Force Majeure and make a reasonable determination regarding the length of any extension of time for commencement and/or completion of the Works of Improvement and the City Engineer's decision shall be final.
2.4. Continuous Work. After commencement of construction of the Works of Improvement (or separate portion thereof), Subdivider shall cause such work to be diligently pursued to completion, and shall not abandon the work for a consecutive period or more than thirty (30) days, events of Force Majeure excepted.
2.5. Reversion to Acreage. In addition to whatever other rights City may have due to Subdivider's failure to timely perform its obligations hereunder, Subdivider recognizes that 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.
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 contractors and subcontractors for the performance of this Agreement. expressly require compliance with the provisions of this Section in all agreements with
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 performing any work pursuant to this Agreement. Subdivider shall provide the City Engineer with a list of all of its contractors and 01225.0006/366470.2
6 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"):
A Security Instrument securing Subdivider's faithful performance of all of the Works of Improvement ("Faithful Performance Security Instrument), in the amount of $3,468,500.00 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 $1,734.200.00 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 $38,000.00 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 $346,800.00 equal to 10% of the estimated construction cost set forth in Section 1.1 or a suitable amount determined by the City Engineer.
4.2. Form of Security Instruments. All Security Instruments shall be in the amounts required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following minimum requirements and otherwise shall be in a form provided by City or otherwise approved by the City Attorney:
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7 (a) Bonds. For Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California. Any insurance company acting as surety shall have a minimum rating of A-IX, as rated by the current edition of Best's Key Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858. Any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard & Poor's.
(b) Letters of Credit. For Security Instruments which are letters of credit, any letter of credit shall be an original separate unconditional, irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the City Engineer of the City that 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.
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 withou ffecting the obligations under such Security Instrumen
(iv) If the Subdivider seeks to replace any security with another ecurity, the replacement shall: (1) comply with all the requiremen or security in this Agreement: (2) be provided by the Subdivider the City Engineer; and (3) upon its written acceptance by the City Engineer, be deemed a part of this Agreement. Upon the Cit Enaineer's acceptance of a replacement security, the torme 01225.0006/366470.2
8 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 prevent City from such realization of any Security Instrument. Notwithstanding the giving of any Security Instrument or the subsequent expiration of any Security Instrument or any failure by any surety or financial institution to perform its obligations with respect thereto, Subdivider shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10) days after written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 4.
4.4. Letters of Credit.
(a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit (expiring in not less than one (1) year, unless City agrees to a lesser term in City's sole and absolute discretion) is not delivered not less than thirty (30) days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit delivered hereunder, issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit. (b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations sorted by me che cly ace to had the end han doe
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:
(i) Subdivider has made written request for release and provided evidence of satisfaction of all other requirements in this Section 4.5; (i)* the Works of Improvement have been accepted;
(iii) Subdivider has delivered the Maintenance and Warranty Security Instrument; and
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9 (iv) after 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.
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 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 or 3.45, as applicable.
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 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.
Warranty of Work. Subdivider shall guarantee all Works of Improvement against defective materials and workmanship for a period of one (1) year from the date of final acceptance. If any of the Works of Improvement should fail or prove defective within said one (1) year period due to any reason other than improper maintenance, or if any settlement of fill 01225.0006/366470.2
10 or backfill occurs, or should any portion of the Works of Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen (15) days after written notice of such defects, or within such shorter time as may reasonably be determined by the City in the event of emergency, shall commence to repair or replace the same together with any other work which may be damaged or displaced in so doing. Should 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 labor and materials shall be chargeable to and payable by Subdivider. The warranty provided herein shall not be in lieu of, but shall be in 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;
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 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 event the Subdivider fails to cure any default under this Agreement within 20 days after the City mails a notice of such default to the Subdivider and the Subdivider's surety, Subdivider authorizes the City to perform the obligation for which Subdivider is in default and agrees to pay the entire cost of such performance by the City. The City may take over the work and complete the Works of Improvement, by contract or by any other method City deems appropriate, at the expense of the Subdivider. In such event, City, without liability for doing so, may complete the Works of Improvement using any of Subdivider's materials, appliances, 01225.0006/366470.2
11 Works of Improvement. plans and other property that are at the work site and that are necessary to complete the remedy to City for a default by Subdivider hereunder, the Subdivider agrees that the choice of 8.3. Remedies Not Exclusive. In any case where this Agreement provides a specific any remedy specifically provided in this Agreement shall be in addition to, and not exclusive of, remedy or remedies for Subdivider's breach shall be in the discretion of the City. Additionally, City's right to pursue any other administrative, legal, or equitable remedy to which it may by entitled. obligation under this Agreement, Subdivider agrees to pay all costs and expenses incurred by 8.4. Attorney's Fees and Costs. In the event that Subdivider fails to perform any attorney's fees. In the event of any dispute arising out of Subdivider's performance of its City in securing performance of such obligations, including costs of suit and reasonable the prevailing party in such action, in addition to any other relief which may be granted, shall obligations under this Agreement or under any of the Security Instruments referenced herein, shall include fees and costs on any appeal, and in addition a party entitled to attorney's fees be entitled to recover its reasonable attorney's fees and costs. Such attorney's fees and cost taking depositions and discovery, retaining expert witnesses, and all other necessary and and costs shall be entitled to all other reasonable costs incurred in investigating such action, 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.
considered valid unless in writing, and no such waiver by the City shall be deemed a waiver of 8.5. Waiver. No waiver by the City of any breach or default by the Subdivider shall be any subsequent breach or default by the Subdivider.
liable for any injury to persons or property occasioned by reason of the acts or omissions of Indemnity/Hold Harmless. City or any officer, employee or agent thereof shall not be Agreement. Subdivider further agrees to protect, defend, indemnify and hold harmless City, its Subdivider, its agents, employees, contractors and subcontractors in the performance of this and all claims, demands, causes of action, liability or loss of any sort, because of, or arising officials, boards and commissions, and members thereof, agents, and employees from any in the performance of this Agreement, except for such claims, demands, causes of action, out of, acts or omissions of Subdivider, its agents, employees, contractors and subcontractors 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, construction of the improvements. This indemnification and agreement to hold harmless shall causes of action, liability or loss because of or arising out of, in whole or in part, the design or construction of said Subdivision, and the public improvements as provided herein, and in extend to injuries to persons and damages or taking of property resulting from the design or design and construction of public drainage systems, streets and other improvements. addition, to adjacent property owners as a consequence of the diversion of waters from the constitute an assumption by the City of any responsibility for any damage or taking covered by Recordation of the Notice of Acceptance by the City of the Works of Improvements shall not this Section. City shall not be responsible for the design or construction of the property to be dedicated or the improvements pursuant to the approved improvement plans or map, regardless of any negligent action or inaction taken by the City in approving the plans or map, 01225.0006/366470.2
12 objection by Subdivider submitted to the City Engineer before approval of the particular unless the particular improvement design was specifically required by City over written improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design. eliminate any latent defect in design or dangerous condition caused by the design or After recordation of the Notice of Acceptance, the Subdivider shall remain obligated to for routine maintenance. It is the intent of this section that Subdivider shall be responsible for construction defect for a period of one (1) year; however, Subdivider shall not be responsible this Agreement and that City shall not be liable for any negligence, nonfeasance, misfeasance all liability for design and construction of the improvements installed or work done pursuant to shall not be required to cover the provisions of this Paragraph. or malfeasance in approving or reviewing any work or construction. The improvement security to fees and charges of architects, engineers, attorneys, and other professionals, and court Subdivider shall reimburse the City for all costs and expenses, including but not limited costs, incurred by City in enforcing this Section.
harmless the City and its agents, officers, and employees from any claim, action, or 10. Subdivider's Indemnity of Project Approval. Subdivider shall defend, indemnify, and hold annul, an approval of the City, advisory agency, appeal board, or legislative body concerning proceeding against the City or its agents, officers, or employees to attack, set aside, void, or the Subdivision. The City shall promptiy notify the Subdivider of any claim, action, or proceeding and cooperate fully in the defense of any such claim, action, or proceeding. In the City fails to cooperate in the defense, the Subdivider shall not thereafter be responsible to event City fails to promptly notify the Subdivider of any claim, action, or proceeding, or if the participating in the defense of any claim, action, or proceeding if City bears its own attorney's defend, indemnify, or hold harmless the City. Nothing in this Section prohibits the City from 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. full term of this Agreement and any extensions thereto, shall obtain and maintain all of the 11. Insurance Requirements. Subdivider, at Subdivider's sole cost and expense and for the following minimum insurance requirements in a form approved by the City's authorized designee for Risk Management prior to commencing any work:
(a) Commercial General Liability policy with a minimum $1 million combined single limit for bodily injury and property damage providing all of the following minimum coverage without deductibles:
(i)
Premises operations; including X, C, and U coverage;
(ii) Owners' and contractors'
protection;
(iii) Blanket contractual;
(iv) Completed operations; and
(v) Products.
01225.0006/366470.2
13 (b)
single limit for bodily injury and property damage, providing all of the following Commercial Business Auto policy with a minimum $1 million combined minimum coverage without deductibles:
owned vehicles used in pursuit of any of the activities associated Coverage shall apply to any and all leased, owned, hired, or non- with this Agreement; and
(ii)
Any and all mobile equipment including cranes which are not have said coverage provided under the Commercial Genera overed under the above Commercial Business Auto policy shal Liability policy.
the laws of the State of California and providing coverage for any and all (c) Workers Compensation and Employers' Liability policy in accordance with employees of the Subdivider:
This policy shall provide coverage for Workers' Compensation (Coverage A); and This policy shall provide coverage for $1,000,000 Employers' Liability (Coverage B). (ii)
Pursuant to Labor Code section 1861, Subdivider by executing this of the Labor Code which requires every employer to be insured Agreement certifies: "/ am aware of the provisions of Section 3700 against liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions of that Code, and / will comply with such provisions before commencing the performance of the work of this contract."
(ili)
City's Risk Manager a Certificate of Insurance or certification of Prior to commencement of work, the Subdivider shall file with the requirements of the Labor Code. permission to self-insure workers' compensation conforming to the (d)
a part of each of the above-required policies as stipulated below: Endorsements. All of the following endorsements are required to be made "The City of Chino, its officers, employees and agents are hereby added as additional insureds." (ii)
"This policy shall be considered primary insurance with respect to any other valid and collectible insurance the City may possess, including any self- insured retention the City may have and any insurance only." other insurance the City does possess shall be considered excess 01225.0006/366470.2
14 (iii) "This insurance shall act for each insured and additional insured as though a separate policy has been written for each. This, however, will not act to increase the limit of the insuring company." (iv)
"Thirty (30) days prior written notice of cancellation shall be given to the City of Chino in the event of cancellation and/or reduction in coverage, except that ten (10) days prior written notice shall apply in the event of cancellation for non-payment of premium." Such notice shall be sent to the Risk Manager at the address indicated in Subsection f below.
(v) Subsection d(iv) hereinabove "Cancellation Notice" is the only endorsement required of the Workers' Compensation
and
Employers' Liability policy.
(e) Admitted Insurers. All insurance companies providing insurance to the Subdivider under this Agreement shall be admitted to transact the business of insurance by the California Insurance Commissioner.
to the Certificate of Insurance which shall be provided by the Subdivider's (f) Proof of Coverage. Copies of all required endorsements shall be attached insurance company as evidence of the coverage required herein and shall be mailed to:
City of Chino
Risk Management
13220 Central Avenue
Chino, CA 91710
12. Environmental Warranty.
Subdivider shall provide City with a written warranty in a form substantially similar to Exhibit 12.1. Prior to the acceptance of any dedications or Works of Improvement by City, "C" attached hereto and incorporated herein by reference, that:
(a) Neither the property to be dedicated nor Subdivider are in violation of any environmental law, and neither the property to be dedicated nor the Subdivider are subject to any existing, pending or threatened investigation by any federal, state or local governmental authority under or in connection with the
environmental laws relating to the property to be dedicated. (b) Neither Subdivider nor any other person with Subdivider's permission to be release, on, under, or about the property to be dedicated, any Hazardous upon the property to be dedicated shall use, generate, manufacture, produce, or purposes of this Agreement, the term "Hazardous Substances" shall mean any Substance except in compliance with all applicable environmental laws. For the substance or material which is capable of posing a risk of injury to health, safety or property, including all those materials and substances designated as hazardous or toxic by any federal, state or local law, ordinance, rule, regulation 01225.0006/366470.2
15 or policy, 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 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 enter into a Transfer and Assignment of Subdivision Agreement, (the "Transfer Subdivider's responsibility to maintain until such time as Subdivider and its Replacement Agreement"), to acknowledge the transfer of fee title to the Property from the Subdivider to its 01225.0006/366470.2
16 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.
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. 01225.0006/3664702
17 into the terms of this Agreement. 13.10. Incorporation of Recitals. The recitals to this Agreement are hereby incorporated the State of California. 13.11. Interpretation. This Agreement shall be interpreted in accordance with the laws of the terms and conditions mentioned herein, or incidental hereto, and supersedes all 13.12. Entire Agreement; Waivers and Amendments. This Agreement integrates all of subject matter hereof, except as may be expressly provided herein. All waivers of the negotiations and previous agreements between the parties with respect to all or part of the the party to be charged, and all amendments hereto must be in writing and signed by the provisions of this Agreement must be in writing and signed by an authorized representative of appropriate representatives of both parties.
of which taken together shall be deemed one original. 13.13. Counterparts. This Agreement may be executed in one or more counterparts, all party is duly organized and existing, (i) they are duly authorized to execute and deliver this 14. Authority. The persons executing this Agreement on behalf of the parties warrant the (I) bound to the provisions of this Agreement, and (iv) the entering into of this Agreement does Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally not violate any provisions of any other agreement to which said party is bound. [SIGNATURES ON NEXT PAGE]
01225.0006/366470.2
18 executed the day and year first above written. IN WITNESS WHEREOF, the City and the Subdivider have caused this Agreement to be APPROVED AS TO FORM:
APPROVED AS TO CONTENT:
SIGNED IN COUNTERPART
Fred Galante, City Attorney Nicholas S. Liglori, AICP
Director of Development Services
CENTURY COMMUNITIES OF
CALIFORNIA LLC:
balderl 7/2/2021
signature and Date
Name: Thomas u. Hildebrandt
(Please type or print name)
Title: Vice President
(Please type or print title)
CITY OF CHINO
Matthew / Ballanty ne, City Manager
Dated: 4.30.21
ATTEST:
By eRabr
Angela Robles, City Clerk
Dated: 9.30.21
01225.0006/366470.2
19 DocuSign Envelope ID: C77E851D-95C7-4D01-9E77-99A7D532CDC9 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:
•DocuSigned by:
Fred Galante
Fred Galante, City Attorney Nicholas S. Liguori, AICP
Director of Development Services
CENTURY COMMUNITIES OF
CALIFORNIA LL.C:
on then Hele pelin
Name: Thomas d. Hildebrandt
(Please type or print name)
Title: Vice President
(Please type or print title)
CITY OF CHINO
Matthew Ballantyne, City Manager
Dated:
ATTEST:
By
Angela Robles, City Clerk
Dated:
01225.0006/3664702
19 CALIFORNIA ACKNOWLEDGMENT
88888888888888888888888888888888 CIVIL CODE § 1189
to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document State of California
County of Orange
On August 5, 2021
before me, Kimberly Chadwick, Notary Public
Date
personally appeared Thomas J. Hildebrandt - Here Insert Name and Title of the Officer Names) of Signers)
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
KIMBERLY CHADWICK paragraph is true and correct.
Notary Public • California
Orange County WITNESS my hand and official seal.
Commission # 2350981
My Comm. Expires Mar 29, 2025
Signature
Place Notary Seal and/or Stamp Above
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: _ Subdivision Improvement Agreement Document Date:
Signers) Other Than Named Above: Number of Pages:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
• Corporate Officer - Title(s): Signer's Name:
Partner - • Limited • General • Corporate Officer - Title(s):
Individual • Partner - • Limited • General
• Attorney in Fact
I Trustee • Individual
• Guardian or Conservator • Attorney in Fact
• Other: • Trustee
• Guardian or Conservator
• Other:
Signer is Representing: Century Communities of Califomia Signer is Representing:
©2019 National Notary Association
Exhibit A
Tract Map No. 20165
LOCATION MAP
MARKET SE
EAST PRESERVE LOOP PARK AVE
HELLMAN AVE
AcADEMY ST
PROJECT
SITE
DISCOVERY
LEGACY PARK ST
A-1
EXHIBIT "B"
TRACT MAP 20165 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.
1. 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.
opinion of the Director of Development Services or his designee and on his order, to The Subdivider shall also perform all work and furnish all materials necessary, in the hereinbefore specified, or any changes required or ordered by said Engineer which, in complete the improvements in accordance with the plans and specifications on file as his opinion, are necessary or required to complete this work.
B-1
TRACT MAPS NO. 20165
DATE: July 8, 2021
PC MEETING DATE: July 19, 2021
PROJECT DESCRIPTION: Subdivide 12.61 acres into 79 numbered and 4 lettered lots for single-famil (Resubdivision of a portion of TM 20164) detached (SD) in the low density residential (LDR) zone of The Preserve PROJECT LOCATION:
Northeast Corner of Discovery Park Ave and Legacy Park St, in The Preserve
APPLICANT: Century Communities,
Nicole Balchunas PROJECT ENGINEER: Natalie Ávila
FULFILL ALL CONDITIONS OUTLINED BELOW. FAILURE TO COMPLY WITH ANY CONDITIONS OF PRIOR TO THE THREE MAJOR DEVELOPMENT EVENTS, THE APPLICANT SHALL SATISFY AND PLANNING COMMISSION. HOWEVER, THE DIRECTOR OF DEVELOPMENT SERVICES SHALL HAVE APPROVAL SHALL BE DEEMED JUST CAUSE FOR REVOCATION OF PROJECT APPROVAL BY THE THE AUTHORITY TO APPROVE MINOR DEVIATIONS IN THE CONDITIONS OF APPROVAL, AND ALL PLANS INCLUDING THE CONSTRUCTION DRAWINGS.
CONDITIONS OF APPROVAL FOR TM 20164 & TTM 20165 (ATTACHED), SUBJECT TO REVIEW AND THIS PROJECT SHALL ALSO COMPLY WITH THE APPLICABLE DEVELOPMENT ENGINEERING APPROVAL BY THE PLANNING COMMISSION ACTION ON AUGUST 5, 2019.
1. PRIOR TO MAP RECORDATION:
1.1 Provide a preliminary Title Report no older than 60 days.
1.2 Submit a soils/geology report including corrosivity and methane sample assessments to the project engineer for review and approval in accordance with Government Code, Section 66434.5
1.3 Make the following dedications for:
1.3a Interior Streets:
Street Name
Distance Direction From C/L
Searcher Street
60'
Pathfinder Avenue Full
60 Seeker Street Full
60'
Groundbreaker Avenue Full
60' Full
Pacesetter Street
60'
Full
B-2
1.3b Easements:
• Drive aisles equal to or greater than 26 feet wide, an easement for private access, public utilities and fire lane.
• Drive aisles less than 26 feet wide, an easement for private access and public utilities. • Water apparatuses in, under, over, through and across lots outside of drive aisles. 1 foot wide sidewalk easements at right-of-way radial corner returns.
1.3c Prepare and record necessary drainage easements to implement the project in accordance with drainage law.
1.4 Provide a set of proposed Covenants, Conditions and Restrictions (CC&R) for review and approval. The proposed CC&Rs shall contain the Association's/Owner's maintenance obligations with respect to various facilities including, but not limited to, right-of-way landscaping, private streets, sidewalks, utilities, street lights, and Water Quality Management Plan (WQMP) features. This document must be submitted to and approved by the City before it is submitted to any other governmental entity.
1.5 Execute a Subdivision Agreement and submit security in an amount acceptable to the City Engineer to guarantee construction of the public improvements listed in 2.6. All security must be accessible to the City at any time and in a form acceptable to the Assistant City Manager, pursuant to Government Code, Section 66499.
1.6 Provide a Monumentation Bond in an amount specified in writing by a Registered Engineer or Licensed Land Surveyor of Record.
1.7 The owner is responsible for the continued operation and maintenance of perimeter and interior street lights, common area landscaping, and parkway areas (landscaping, sidewalk) The project is required to annex the properties into the Preserve Master Maintenance Corporation (PMMC).
1.8 Comply with all applicable requirements of the City Code.
1.9 Pay all applicable fees pursuant to City Code including, but not limited to, plan check fees.
1.10 Provide a 10'x10' site triangle at the lot line of Lot 11 and 12 for a Limited Use Area (LUA).
LUA Easements shall restrict obstructions (i.e. wall, landscape) to no greater than 30" above the ground.
1.11 Other Conditions:
Lot D has a public sewer main and therefore, any trees or wall within the boundary of the lot easement shall not be permitted
2. PRIOR TO ISSUANCE OF CONSTRUCTION PERMITS:
2.1 All required plans and studies shall be prepared by a Registered Professional Engineer and submitted to the project engineer for review and approval. All project plans must be approved by the City Engineer's office before a Building Permit will be issued. All maps, studies, calculation sheets, reports, etc. must be on and/or folded in an 11-inch x 8 1/2-inch standard format.
B-3
2.2 Prepare and submit a drainage study, including supporting hydraulic and hydrological data to the project engineer for approval. The study shall confirm or recommend changes to the City's adopted Master Drainage Plan by identifying off-site and on-site storm water runoff impacts resulting from build-out of permitted General Plan land uses. In addition, the study shall identify the project's contribution and shall provide locations and sizes of catchments and system connection points and all downstream drainage-mitigating measures.
2.3 Prepare and submit a final grading plan for Lot C showing pad elevations, finished grades, drainage routes, retaining walls, erosion control, slope and other pertinent information in accordance with Appendix J of the California Building Code, latest edition.
2.4 Design and install a monitoring manhole (per City Standard No. 530) on each domestic sewer lateral connection into a private sewer main that is tributary to the City's main sewer. In addition, design and install a sampling Wye on a stubbed out sewer lateral connection at the terminal end of a sewer main.
2.5 Design and install backwater flow devices on adjacent building units connecting to terminal end of sewer main if a cleanout serves as an emergency overflow or install a monitoring the Plumbing Code. manhole (per City Standard No. 530) in lieu of the backwater flow devices in accordance with
2.6 Design per City Standards full public improvements for all impacted and interior streets/facilities in accordance with City Code, Standards and Specifications. Such public improvements may include, but not be limited to the following: (Please coordinate and verify all requirements with the project engineer.)
Street Names
Public Private
Streets Drive Aisle
_Curb & Gutter (Offset from Centerline) 18' Both Sides 12', 13' or 14' Sidewalk (Width) 5' Both Sides
Asphalt Concrete Pavement on Aggregate Base
(Width from Centerline) 32'
Asphalt Concrete Overlay
Street Lights
Median Island and Landscaping
Parkway Landscaping
Striping and Traffic Controls X' X
Traffic Signal Interconnect
Conduit System for CATV
Sewer X2
X2
Storm Drain
Domestic Water X4
X5
Recycled Water
Fire Hydrants as required by CVIFD X
1 Paint 20' white curb adjacent to community mailboxes per CMC 10.28.040 (C), white paints indicates 3-minute parking for mailboxes. White curb shall not overlap with red curb at corners or crosswalks. 2 Public sewer mains in public streets only and Lot D. Private sewer mains in drive aisles are submitted to Building Division.
3 Public storm drains in public streets only. Otherwise, private storm drains. 4 Public water mains shall not extend into lettered lots. 5 Water lines are limited to drive aisles at least 26 feet wide.
B-4
2.7 utility lines adjoining and interior to the project, including power lines of 34.5 kV or less, in Obtain design and plan approval from appropriate utility companies for undergrounding all accordance with City Code, Chapter 13.32. The dry utility companies shall not install equipment to impede the continuous path of travel within the public sidewalk.
2.8 All projects developing one (1) acre or more of total land area, or which are part of a larger the State Water Resources Control Board's (SWRCB) General Permit for storm water phased development that will disturb one acre of land, are required to obtain coverage under discharges associated with construction activity. Proof of filing or amending a Notice of Intent (NOI) with the SWRCB for coverage under this permit is required. A copy of the Waste Discharger's Identification Number (WDID), issued by the SWRCB, must be submitted to the Project Engineer prior to issuance of grading permits. More detailed information regarding this General Permit, applicable fee information and the necessary forms to complete the NOl are available by calling (916) 341-5537 on the SWRCB
website at
http://www.swrcb.ca.gov/water_issues/programs/stormwater/constpermits.shtml.
2.9 Pursuant to Santa Ana Regional Water Quality Control Board Order Number R8-2010-0036, NDES Permit No. CAS618036, prepare a project-specific Water Quality Management Plan (WQMP) and submit to the project engineer for review and approval. To address NPDES Permit requirements to the maximum extent practicable, the project shall be designed to specify preferential use of Low Impact Development Best Management Practices that reduce pollutants and runoff volume through structural measures (e.g. infiltration,
harvesting, and bio-treatment) and non-structural measures (e.g. preserving natural areas, clustering development, and reducing impervious areas. The WQMP shall conform to the requirements of the San Bernardino County Stormwater Program, 2013 WQMP Technical Guidance Document.
2.10 Any future maintenance and repair of fire or water service and sewer laterals to the project site Chapter 13.04.175 and 13.12.150. shall be the sole responsibility of the applicant/property owner in accordance with City Code,
2.11 Abandon/remove all existing utilities (e.g. water, sewer, etc.) in public right-of-way not intended to be used by the development of the area per City Standards and Specifications.
2.12 Design and install water service laterals to stagger and offset at angled tie-ins at 30" minimum spacing.
2.13 Recycled water is to be used for grading operations, dust control activities and common area/public landscape irrigation along Discovery Park Avenue shall be used at the time of permit issuance. Potable water for common area private landscape irrigation shall be used; all other landscape areas to use
2.14 All public street corners shall have a minimum curb radii per City Code, Chapter 19.06 and City Standards and Specifications.
2.15 Provide adequate sight distance per City Standard No. 865 for each project driveway and at all intersections. Landscaping type and height shall be maintained to ensure sight distance requirements are perpetuated.
2.16 Other Conditions:
B-5
3. PRIOR TO ISSUANCE OF BUILDING PERMITS FOR ANY LOT WITHIN THE SUBDIVISION:
Record Tract Map No. 20165 as applicable pursuant to the Subdivision Map Act and in accordance with City Code. Provide a duplicate bond copy and high-resolution PDF of the recorded map to the City Engineer's office.
3.2 Prepare and submit a final grading plan showing building footprints, pad elevations, finished grades, drainage routes, retaining walls, erosion control, slope easements and other pertinent information in accordance with Appendix J of the California Building Code, latest edition.
3.3 Provide a certificate along with blue top notes verifying the elevations of the building pad, from a Registered Civil Engineer, certifying that the finish grading has been completed in accordance with the City approved grading plan.
Pay all applicable fees including, but not limited to, Development Impact Fees (DIF) and Sewage Facilities Development Fee (SFF) not previously paid under Item 1.0 above, in accordance with the City Code.
Pedestrian temporary facilities (privately or publicly owned) that are open to the public shall comply with accessibility standards in the California Manual for Uniform Traffic Control Devices, CBC and ADA regulations per Part 36 of Title 28, which include the 2010 (ADA) Standards.
4. PRIOR TO REQUEST AND RELEASE OF ANY OCCUPANCY PERMITS:
4.1. Construct and secure Development Services Department approval of all required improvements and public facilities enumerated under Section 2.0 above (per Resolution No. 88-23).
4.2. Underground all utility lines adjoining and interior to the project, including power lines of 34.5kV or less in accordance with City Code, Chapter 13.32.
4.3. Distribute for signature of all buyers the information and disclosure notice announcing that the development will be annexed to the City's Landscape and Street Lighting Maintenance Assessment District before transfer of property title and completion and acceptance of all public improvements.
4.4. Distribute for signature of all buyers the information and disclosure notice announcing that the project property will be subject to an annual special East Chino Specific Plan area Community Facilities District Tax.
4.5. The applicant's Civil Engineer shall field verify that all BMPs are designed, constructed, and functional in accordance with the approved WQMP. BMPs shall also be inspected by Public Works Environmental staff. Coordinate inspection with staff and submit a completed City of Chino BMP field verification form for review and approval.
4.6. Grind and overlay, as applicable, along all streets impacted by the development as directed by City staff. Install signing and striping per approved plans.
4.7. Pedestrian facilities (privately or publicly owned) that are non-compliant with the accessibility standards in effect at the time of the City Council final acceptance, shall be brought up to current accessibility standards.
B-6
4.8. Submit to the City, electronic files of Tract/Parcel Map and "as-built" improvement plans in AUTOCAD, Ersi GIS shape and Adobe Acrobat PDF formats. AUTOCAD files shall be resolution of PDF shall be a minimum of 360 dpi. submitted as an transmitted zip file of the CAD drawings with all base files attached. Scanned
4.9. Other Conditions:
NA
Attachment
B-7
CITY OF CHINO
DEVELOPMENT SERVICES DEPARTMENT
DEVELOPMENT ENGINEERING DIVISION
ITEMS REQUIRED FOR FIRST PLAN CHECK SUBMITTAL
TRACT MAP NO 20165
PROJECT ENGINEER: _Natalie Avila
DATE: July 8, 2021
A COPY OF THIS CHECK LIST MUST BE SUBMITTED WITH THE FIRST PLAN CHECK X 1
Copy of Development Engineering Division Conditions of Approval with Approved Tentative Map & Site Approval Copy of Approved Pedestrian Accessibility Plan
2 Sets of Maps (Subdivision Only)
X 2
Copies of preliminary Title Report (no older than six months) with Support Documents 2 Copies of Closure Calculations (Subdivision Only)
X
Set of Referenced Maps (Subdivision Only)
Copies of Soils Report (no older than sixty days)
2 Copies of lot line adjustment certificate
2 Copies of lot merger
2 Copies of right-of-way dedication
4 Sets of Rough Grading Plans
5 Sets of Precise Grading Plans (Can be submitted separate and after all other items) 4 Sets of Storm Drain Plans
2 Registered Civil Engineer) Copies of Hydrology and Hydraulic Calculations with Backup Data (Signed and Sealed by a 2 Copies of Engineering Cost Estimate (On City Forms) with Engineer's Wet Signature and Stamp 3 Sets of Street Improvements Plans
• 3
Copies of Cross-Sections (if street plans are required) at 50' intervals and extended a minimum of 100' beyond limits of improvements 2 Sets of Sewer Plans
Sets of Domestic Water Plans including delta revisions (CB-2840) 2 Sets of Recycled Water Plans
Sets of Street Light Plans including a Photometric Diagram Copies of Voltage Drop Calculations (Signed and Sealed by a Registered Engineer) 2 Sets of Signing and Striping Plans
Sets of Traffic Signal Interconnect Plans
2 Sets of Traffic Signal Plans
2 Water Quality Management Plan
B-8
RESOLUTION NO 2020-080
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: Tr 20165 (Public)
LOCATION: Discovery Park Ave - S of Market St, N of Legacy Park St By: PROACTIVE ENGINEERING CONSULTANTS, INC.
DATE: 3/13/2021 - Final Submittal
Quantity Unit Item Unit Total Cost
Price Per Item
STREETS
EA Tree Removal 800.00 $
CY Concrete Removal 325.00 S
CY AC Pavement Removal S 100.00 $
CY Imported Common Fill (Incl. Compaction)
34.00 S
61,850 SF Preparation of Subgrade, Sidewalk and Paving $
1.00 $ 61,850.00
LF PCC 8" Curb & 24" Gutter on 6" AB S
26.00 S
3,300 LF PCC 6" Curb & 24" Gutter on 6" AB
24.00 79,200.00
LF PCC 6" to 8" Curb & Gutter transition $ 25.00
LF PCC Curb Only 20.00 $
LF 8" A.C. Berm
20.00 SF 8" PCC Cross Gutter on 6° AB
16.00 $
17,200 SF 4" PCC Sidewalk S
5.80 99,760.00
10,370 SF 6" PCC Thick Drive Approach on 6" AB
12.50 129,625.00
SF 8" PCC Thick Drive Approach on 6" AB $
15.00 2" × 6" Redwood Header 7.50 $
EA Street Sign and Post
475.00 S 3,325.00
EA Traffic Sign and Post 400.00 S 3,200.00
EA Reflector Sign and Post 175.00 S
5 EA Painted Legend
6.50 | 32.50
300 SF Prime or Tack Coat
0.08 $ 24.00
TON AC Variable - <300T 130.00
2,055 TON AC Variable - > 300T
120.00 $ 246,600.00
TON CAB Variable - <300T
100.00 / $
2,242 TON CAB Variable - >300T
90.00 $ 201,780.00
B-9
EngCostEstimate Page 1 of 10
Effective Date: January 1, 2021
RESOLUTION NO 2020-080
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: Ir 20165 (Public)
LOCATION:
Discovery Park Ave • S of Market St, Nof Legacy Park St By:
PROACTIVE ENGINEERING CONSULTANTS, INC.
DATE: 3/13/2021 - Final Submittal
Quantity Unit
Item Unit
Total Cost
Price Per Item
STREETS
EA Adjust Sewer Manhole to Grade
950.00 $ 8,550.00
EA Adjust Sewer Cleanout to Grade
S 500.00 S
13 EA
Adjust Water Valve and Can to Grade
525.00 $ 6,825.00
18 EA
Street Light (City Owner)
7,700.00 $ 138,600.00
EA Electrical Pedestal
6,500.00 S
EA Lot Monument Setting Fee
$ 550.00 $
LF Sawcut A.C.
3.00 LF Sawcut Concrete
$ 3,00 S
SF Cold Plane A.C. 2" Thick
0.28 LF Signing & Striping for
Arterial
19.00 $
Collector
13.00 $
1,750
Local
7.00 $ 12,250.00
EA Traffic Signal (8 - Phase Controller)
350,000.00 $
EA Modify existing Traffic Signal per Quadrant
$ 75.000.00 $
LF chain Link Fence
1 fool Residential Grade (Add $7.00/LF for Remova
f Existing Fence)
foot School fence (Add $9.00/LF for Removal o 25.00 S
Existing Fence)
35.00$
EA Utility Poles
Transmission
11,500.00 S
Distribution
$ 8.000.00 S
Service
$ 3,000.00 | s
EngCostEstimate B-10
Effective Date: January 1, 2021
RESOLUTION NO 2020-080
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: Tr 20165 (Public)
LOCATION:
Discovery Park Ave - S of Market St, N of Legacy Park St By: PROACTIVE ENGINEERING CONSULTANTS, INC.
DATE: 3/13/2021 - Final Submittal
Quantity Unit
Item Unit
Total Cost
Price Per Item
STREETS
Landscape (Including shrubs, Hardscape, Irrigation,
22,750 SF Ground Cover, Lighting, Installation Labor and Connection to Existing Systems)
14 foot Median with Landscape, Irrigation, Lighting, 15.00 $ 341,250.00 LF Hardscape, Curb, Gutter & Pavement
300.00 | $
Rail Road Crossing
Safety Equipment (Complete Including Crossing
LS Gates, Signs, and Lights)
$ 500,000.00 $
SF Track Crossing (Concrete)
175.00
SF Approach
4.00 $
18 EA
S.W. Ramps (A.D.A. Compliant) 4,000.00 $
72,000.00
EA Traffic Signal Loops
600.00 S
7. EA Local Depression
500.00 S 3,500.00
6 EA
Thermoplastic Crosswalk Crossing (Caltrans)
1,000.00 $ 6,000.00
1800
Street Light Conduit (PVC)
2.20 S 3,960.00
27 EA Steet Light Pull Box
500.00| $ 13,500.00
STREETS
STREET SUBTOTAL
1,431,831.50
LS Mobilzation (5% of Construction Cost)
5% S 71,591.58
LS Traffic Control (5% of Construction Cost)
5% $ 71,591.58
LS
Clear & Grub Site (5% of Construction Cost) 5% $ 71,591.58 LS Excavation (Clean Material) (5% of Construction Cost) 5%/ $ 71,591.58
GRAND TOTAL STREETS ONLY
1.718,197.80
EngCostEstimate B-11
Effective Date: January 1, 2021
RESOLUTION NO 2020-080
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: Tr 20165 (Public)
LOCATION:
Discovery Park Ave - S of Market St, N of Legacy Park St By: PROACTIVE ENGINEERING CONSULTANTS, INC.
DATE: 3/13/2021 - Final Submittal
Quantity Unit
Item Unit
Total Cost
Price Per Item
WATER
LE Trench Support/Shoring (6 foot depth)
15.00 $
CY Pipe Bedding & Compaction (Imported)
6" Pipe & Fittings Installed, including excavation, bedding. 90.00 $ LF backfill and pavement restoration
8" Pipe & Fittings Installed, including excavation, bedding 80.00 S 1,914 LF backfill and pavement restoration.
S 100.00
12" Pipe & Fittings Installed, including excavation, 191,400.00 LF
bedding, backfill and pavement restoration
135.00
18" Pipe & Fittings Installed, including excavation.
LF bedding, backfill and pavement restoration
175.00
LF Removal, Disposal of ACP and Backfill
$ 150.00
EA 6" Gate Valve
2,000.00 S
EA 8" Gate Vaive
2,600.00 20,800.00
2 EA 12" Gate Valve
4,500.00 $ 9,000.00
EA 18" Gate Valve
$ 7,500.00
6 EA
Fire Hydrant Assembly per City Std.
7,500.00 45,000.00
1 EA
Blow-off Assembly 4" per City Std.
8,600.00 $ 8,600.00
2 EA
2" Air Relief Assembly
4,500.00 9,000.00
54 EA 1" Water Service/Meter
3,500.00 189,000.00
EA 2" Water Service/Meter
4,500.00 $
69 SF
Sawcut, trench, backfill and pavement restoration 45.00 S 15 EA 3,105.00
Thrust block
500.00 S 7.500.00
EA
Remove Temp. Biow-off Assembly and Join Ex. Pipe 500.00 S 6/ 500.00
EA 8" Ductile Iron Bend
$ 500.00 / $ 3,000.00
WATER
WATER SUBTOTAL
$ 486,905.00
LS Mobilzation (5% of Construction Cost)
5% S 24,345.25
LS
Traffic Control (5% of Construction Cost) 5% $ 24,345.25
GRAND TOTAL WATER ONLY
535,595.50
B-12
EngCostEstimate
Effective Date: January 1, 2021
RESOLUTION NO 2020-080
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: Tr 20165 (Public)
LOCATION:
Discovery Park Ave -S of Market St, Nof Legacy Park St
By: PROACTIVE ENGINEERING CONSULTANTS, INC.
DATE: 3/13/2021 - Final Submittal
Quantity Unit
Item Unit
Total Cost
Price Per Item
RECYCLED WATER
LF Trench Support/Shoring (6 foot depth)
15.00 $
CY Pipe Bedding (Imported)
6" Pipe & Fittings Installed, Including excavation, bedding. 90.00 S LF backfill and pavement restoration
S 80.00
8" Pipe & Fittings Installed, including excavation, bedding LF backfill and pavement restoration.
S 100.00
12" Pipe & Fittings Installed, Including excavation.
LF bedding, backfill and pavement restoration
18" Pipe & Fittings Installed, including excavation. 135.00 LE bedding, backfill and pavement restoration
175.00 $
EA 6" Gate Valve
2,000.00
EA 8" Gate Valve
2,600.00 $
EA 12" Gate Valve
S 4,500.00
EA 18" Gate Valve
S 7,500.00 S
EA Fire Hydrant Assembly per City Std.
7,500.00
EA Blow-off Assembly 5" per City Std.
8,600.00
EA 2" Air Relief Assembly
4,500.00 $
EA 1" Water Service/Meter
3,500.00
EA 2" Water Service/Meter
4,500.00
RECYCLED WATER
RECYCLED WATER SUBTOTAL
LS Mobilzation (5% of Construction Cost)
5% $
LS
Traffic Control (5% of Construction Cost)
5% S
GRAND TOTAL RECYCLED WATER ONLY
EngCostEstimate B-13
Effective Date: January 1, 2021
RESOLUTION NO 2020-080
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: Tr 20165 (Public)
LOCATION : Discovery Park Ave - S of Market St, N of Legacy Park St By: PROACTIVE ENGINEERING CONSULTANTS, INC.
DATE: 3/13/2021 - Final Submittal
Quantity Unit Item Unit Total Cost
Price Per Item
SEWER
LF Trench Support/Shoring S 15.00
4" V.C.P Installed, including excavation, bedding, backfill LF and pavement restoration $75.00
8" V.C.P Installed, including excavation, bedding, backfil 1,719 LF and pavement restoration $93.00 S 159,867.00
10" V.C.P. Installed, including excavation, bedding.
LF backfill and pavement restoration $103.00 S.
LF backfill and pavement restoration $123.00
15" V.C.P. Installed, including excavation, bedding,
LF backfill and pavement restoration $143.00 S
18" V.C.P. Installed, including excavation, bedding.
LF backfill and pavement restoration $163.00 $
21" V.C.P. Installed, including excavation, bedding.
LE backfill and pavement restoration $193.00
24" V.C.P. Installed, including excavation, bedding.
LF backfill and pavement restoration $208.00 $
EA Sewer Saddle $450.00| S
51 EA Wyes 4" x 8" Typical $225.00 S 11,475.00
EA 48" Sewer Manhole $4,700.00 $ 42,300.00
EA 60" Sewer Manhole $7,500.00 S.
EA Sewer Cleanout $1.800.00 S
1468 LF 4" V.C.P. Installed, including trench backfill 50.00 $ 73,400.00 EA Remove Temp Cleanout & Joing Existing Pipe 500.00 | $ 500.00 SEWER
SEWER SUBTOTAL 287,542.00
LS Mobilization (5% of Construction Cost) 5% S 14,377.10 LS Traffic Control (5% of Construction Cost) 5% $ 14,377.10 GRAND TOTAL SEWER ONLY $ 316,296.20
B-14
EngCostEstimato Page 6 of 10
Effective Date. January 1, 2021
RESOLUTION NO 2020-080
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: Tr 20165 (Public)
LOCATION:
Discovery Park Ave - S of Market St, N of Logacy Park St By: PROACTIVE ENGINEERING CONSULTANTS, INC.
DATE: 3/13/2021 - Final Submittal
Quantity Unit
Item
Unit Total Cost
Price Per item
STORM DRAIN
LF 24" X 36" C.M.P.A. (10 Gauge)
230.00 S.
27" × 43" C.M.P.A (10 Gauge).
250.00
EA Storm Drain Manhole #1 (<33")
10,000.00
EA
Storm Drain Manhole #2 (-36")
10,000.00 $
5 EA
Junction Structure #2 (24" or larger)
$ 8,850.00 S 44,250.00
EA
Junction Structure #4 (24" or smaller)
4,000.00 S
EA Outlet Structure
7,000.00
EA Catch Basin 3.5' Width
$ 7,200.00
7 EA
Catch Basin 7' Width/L.D.
7,900.00 $ 55,300.00
EA Catch Basin 10' Width/L.D
9,950.00
EA Catch Basin 14' Width/L.D
S 11,000.00 $
EA Catch Basin 21' Width/L D
18 inch RCP Installed, including excavation, bedding. 13,000.00 $ 127 LF
backfill and pavement restoration
24 inch RCP Installed, including excavation, bedding 200.00 $ 25,400.00 618 LF
backfill and pavement restoration
27 inch RCP Installed, including excavation, bedding, 240.00 $ 148,320.00 LF backfill and pavement restoration
S 260.00 $
LF 30 inch RCP Installed, including excavation, bedding, backfill and pavement restoration 280.00 S
LF 33 inch RCP Installed, including excavation, beciding. backfill and pavement restoration
36 inch RCP Installed, including excavation, bedding. 295.00 | S LF
backfill and pavement restoration $
39 inch RCP Installed, including excavation, bedding. 310.00 $ LF backfill and pavement restoration
42 inch RCP Installed, including excavation, bedding. 320.00 S LF backfill and pavement restoration
45 inch RCP Installed, including excavation, bedding. 330.00 $ = LF backfill and pavement restoration
48 inch RCP Installed, including excavation, bedding. 360.00 S LF backfill and pavement restoration
54 inch RCP Installed, including excavation, bedding, 385.00 S LF backfill and pavement restoration
60 inch RCP Installed, including excavation, bedding. 440.00 S LF backfill and pavement restoration
$ 500.00 | $
EngCostEstimale B-15
Effective Date: January 1, 2021
RESOLUTION NO 2020-080
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: Tr 20165 (Public)
LOCATION: Discovery Park Ave -S of Market St, N of Legacy Park St By:
PROACTIVE ENGINEERING CONSULTANTS, INC.
DATE: 3/13/2021 - Final Submittal
Quantity Unit
Item
Unit Total Cost
Price Per Item
STORM DRAIN
66 inch RCP Installed, including excavation, bedding.
LF backfill and pavement restoration
72 inch RCP Installed, Including excavation, bedding. 560.00 LF
backfill and pavement restoration
78 inch RCP Installed, including excavation, bedding. 625.00 LF
backfill and pavement restoration
84 inch RCP Installed, including excavation, bedding, 690.00 $ LF
backfill and pavement restoration
765.00 $
LF 90 inch RCP Installed, including excavation, bedding. backfill and pavement restoration
96 inch RCP Installed, including excavation, bedding. 830.00 LF backfill and pavement restoration
102 inch RCP Installed, including excavation, bedding 920.00 LF
backfill and pavement restoration
$ 1,000.00
LF 108 inch RCP Installed, including excavation, bedding. backfill and pavement restoration
7x6 RCB Installed, including excavation, bedding. $ 1,075.00 S LF backfill and pavement restoration
$ 700.00 $
LF 7 × 8.5 RCB Installed, including excavation, bedding. backfill and pavement restoration
7 × 9.5 RCB Installed, including excavation, bedding. 820.00 LF
backfill and pavement restoration $
8° x 11' RCB Installed, including excavation, bedding 870.00 $ LF
backfill and pavement restoration
8 × 13 RCB Installed, including excavation, bedding. 1,000.00 LF
backfill and pavement restoration
9° × 9' RCB Installed, including excavation, bedding. 1,100.00 | $ LF backfill and pavement restoration.
9 x 12 RCB Installed, including excavation, bedding. 1,000.00 LF backfill and pavement restoration
$ 1,100.00 $
LF 4' × 6 RCB Installed, including excavation, bedding. backfill and pavement restoration
680.00 S
EA Remove Plug & Joing Existing
S 500.00 $ 500.00
STORM DRAIN
STORM DRAIN SUBTOTAL
273.770.00
LS Mobilization (5% of Construction Cost)
5% S 13,688.50
LS Traffic Control (5% of Construction Cost)
5% S 13,688.50
GRAND TOTAL STORM DRAIN ONLY
301,147.00
EngCostEstimate B-16
Effective Date: January 1, 2021
RESOLUTION NO 2020-080
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: Tr 20165 (Public)
LOCATION:
Discovery Park Ave - S of Market St, Nof Legacy Park St By: PROACTIVE ENGINEERING CONSULTANTS, INC.
DATE: 3/13/2021 - Final Submittal
Quantity Unit
Item Unit Total Cost
Price Per Item
DIRECT COSTS
GRAND TOTAL STREETS ONLY
$ 1,718,197.80
GRAND TOTAL WATER ONLY
535,695.60
GRAND TOTAL RECYCLED WATER ONLY
GRAND TOTAL SEWER ONLY
316,296.20
GRAND TOTAL STORM DRAIN ONLY
301,147.00
GRAND TOTAL (FOR PLAN CHECK & INSPECTION FEE
DETERMINATION)
$ 2,871,236.50
PROJECT ADDITIVES
Project Contingencies
10% S 287,123.65
Construction Staking
3% S 86,137.10
Soils Testing
1% S 28,712.37
Material Testing
1% S 28,712.37
Construction Inspection
4.8% S 137,819.35
Contract Administration
1% S 28,712.37
GRAND TOTAL (FOR BOND AMOUNTS)
$ 3,468,453.69
B-17
EngCoslEstimate
Effective Date: January 1, 2021
RESOLUTION NO 2020-080
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: Tr 20165 (Public)
LOCATION: Discovery Park Ave - S of Market St, N of Legacy Park St By: PROACTIVE ENGINEERING CONSULTANTS, INC.
DATE: 3/13/2021 - Final Submittal
Quantity Unit Item Unit Total Cost
Price Per Item
BY ENGINEER
Prepared By: CRAIG HAUSE
R.C.E. Number: C63620
Expiration: 9/30/2022
A
PROFESSIONN
FERCO
CRAIG 473N19003
NO. € 983620
GIVI
SIT OF CALREA
Place R.C.E. Stamp and Signature Here (required)
BY CITY
Faithful Performance Bond (100% of Construction Cost) 3,468,500.00 Labor & Material Bond (50% of Construction Cost) $ 1,734,200.00 Warranty Bond (10% of Construction Cost) $ 346,800.00
REVIEWED
CITY OF CHINO ENGINEERING
03/23/21
B-18
EngCostEstimate Page 10 of 10 Effeclive Date: January 1, 2021 EXHIBIT "C"
TRACT MAP NO. 20165
CENTURY COMMUNITIES OF CALIFORNIA LLC
ENVIRONMENTAL WARRANTY
As a condition precedent to acceptance of the dedications and public improvements to be conveyed by the above-named Subdivider to the City of Chino for the above-referenced Subdivision, Subdivider hereby warrants to the City of Chino that:
1. Neither the property to be dedicated nor Subdivider are in violation of any environmental law, and neither the property to be dedicated nor the Subdivider are subject to any existing, pending or threatened investigation by any federal, state or local governmental authority under or in connection with the environmental laws relating to the property to be dedicated.
2. Neither Subdivider nor any other person with Subdivider's permission to be upon the property to be dedicated has used, generated, manufactured, produced, or released, on, under, or about the property to be dedicated, any Hazardous Substance except in compliance with all applicable environmental laws. For the purposes of this warranty, the term "Hazardous Substances" shall mean any substance or material which is capable of posing a risk of injury to health, safety or property, including all those materials and substances designated as hazardous or toxic by any federal, state or local law, ordinance, rule, regulation or policy, including but not limited to, all of those materials and substances defined as "Toxic Materials" in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30, as the same shall be amended from time to time, or any other materials requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies.
3. Subdivider has not caused or permitted the release of, and has no knowledge of the release or presence of, any Hazardous Substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the property to be dedicated.
4. Subdivider's prior and present use of the property to be dedicated has not resulted in the release of any Hazardous Substance on the property to be dedicated.
5. All persons executing this warranty hereby represent and warrant to the City of Chino, and Subdivider hereby represents and warrants, that the signators hereto have the legal power, right and authority to execute this warranty on behalf of the Subdivider and that the signators hereto have sufficient knowledge or expertise, either personally, through reasonable inspection and investigation of the property, or through reasonable reliance upon the investigation and professional opinion of Subdivider's environmental experts, to make the representations herein, and that no consent of any other party is 01225.0006/366470.2 C-1
required to execute this warranty and make the representations herein on behalf of the Subdivider to the City of Chino.
Each of the undersigned persons declares under penalty of perjury that the foregoing is true and correct.
Dated: 7/22/021
CENTURY COMMUNITIES OF CALIFORNIA LLC
on Thoman f Hidese
*Proof of authorization for Subdivider's signatures is required to be submitted concurrently with this environmental warranty.
01225.0006/366470.2 C-2
DocuSign Envelope ID: 44FE350B-D970-41B8-813B-D6C6156683D5 Bond No.: 2510176
Contract No.:
Approved:
FAITHFUL PERFORMANCE BOND
Tract Map No. 20165
WHEREAS, the City Council of the City of Chino, State of California, hereinafter designated as "CITY" and Century Communities of California, LLC hereinafter designated as "PRINCIPAL," have entered into an agreement whereby Principal agrees to install and complete certain designatec public improvements, which said agreement, dated September 21, 2021 and identified as 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_Euler Hermes North America Insurance Company surety, are held and firmly bound unto the City of Chino in the penal sum of Three Million Four Hundred Sixty Eight Thousand Five Hundred and 00/100 _ Dollars ($3,468,500.00 _ lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above-bound Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and provisions in said agreement and any alteration thereof made as therein provided, on his or 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 band, 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 September 21, 2021
Century Communities of California, LLC Euler Hermes North America Insurance Company
PRINCIPAL SURETY
Theman Hildebaul
Richata H. Michel, Atormey-in-Fact
CA License No: 0H56218
SIGNATURES MUSI BE NOTARIZED
Rev. 04/2019) Page 1 of 1
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
8888988888888
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 Orange
On August 5, 2021 before me, Kimberly Chadwick, Notary Public Date Here Insert Name and Title of the Officer
personally appeared Thomas J. Hildebrandt
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
KIMBERLY CHADWICK paragraph is true and correct.
Notary Public - California
Orange County WITNESS my hand and official seal.
Commission # 2350981
My Comm. Expires Mar 29, 2025
Signature Shaded
Place Notary Seal and/or Stamp Above
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: Faithful Performance Bond
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signers)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
Partner - • Limited • General • Partner - • Limited • General Individual • Attorney in Fact a Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer is Representing: Century Communities of Califomia Signer is Representing:
©2019 National Notary Association
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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 truthfullness, accuracy or validity of that document. • • •
State of Alabama
County of Jefferson
On September 21, 2021 before me, Courtney Hitt Weiss, Notary Public Name and Tale of Notary
personally appeared Richard Fi. Mitchell, Allorney-in-Fact Name and or Names of Signers)
Who proved to me on the basis of satisfactory evidence
to be the person(s) whose names) is/are subscribed
to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true and correct.
Witness my hand and official seal.
Signature Day Pierro
Signature Place Notary Public: Seal Above
My commission expires: November 15, 2022
OPTIONAL
Though the information below is not required by law, it may prove valuable to the persons relying on the document and could prevent fraudulent removal and realtachment of this ton to another document.
Description of Attached Document
Title or Type of Document
Document Date _ Number of Pages:
Signer's Name:
• Individual • Individual
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - • Limited C General IGHTTHUMBPRI - SIGNE
• Guardien or Conservator • Guardian or Conservator
Top of thumb Top of thumb
X Attorney-in-Fact • Attorney-in-Fact
• Trustee • Trustee
• Other: • Other:
Signer is representing Signer is representing
Euler Hermes
North America
Insurance Company
...•
CH EULER HERMES 15445
EULER HERMES NORTH AMERICA INSURANCE COMPANY
800 Red Brook Boulevard + Owings Mills, Maryland 21117
The number of persons authorized by this g
Power of Attorney is not more than:
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That EULER HERMES NORTH AMERICA INSURANCE COMPANY (EULER HERMES), a corporation organized and existing under the laws of the state of Maryland, does hereby nominate, constitute, and appoint the person or persons named below, each individually if more than one is named, its true and lawful attorney-in-fact, for and in its name, place, and stead to execute on behalf of EULER HERMES, as surety, any and all bonds, undertakings, and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of EULER HERMES on any such bond, undertaking, or contract of suretyship executed under this authority shall not exceed the limit stated below.
ADDRESS LIMIT OF POWER
NAME
Mark W. Edwards, II; Ronald B. Giadrosich 2211 7% Avenue South Unlimited Jeffrey M. Wilson; Richard H. Mitchell PO Box 10265
Robert R. Freel; Anna Childress Birmingham, AL 35233
Alisa B. Ferris
William M. Smith
This Power of Attorney revokes all previous powers issued on behalf of the attorney(s)-in-fact named above.
IN WITNESS WHEREOF, EULER HERMES has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunder affixed this Ist day of _ 20_20
CORPORAL
SEAL
James Daly, President and CEO-The Americas Keith Sherman, Senior Vice President and Chief Operating Officer-Surety
State of Maryland, County of Baltimore
On this _, 20 20, before me personally appeared Keith Sherman, to me known, being duly sworn, deposes and says that he resides in ; that he is the Senior Vice President and Operating Officer-Surety of EULER HERMES, the Company described herein and which executed the above instrument; that he know the seal of EULER HERMES; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority of the Board of Directors of EULER HERMES; and that he signed his name thereto by like authority.
This Commission Expires April 4, 2023
Notarial Seal PUBLIC
This Power Of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of EULER HERMES NORTH AMERICA INSURANCE COMPANY (Company) by unanimous consent on October 1, 2015.
RESOLVED: That the President, Executive Vice President, Senior Vice President, Vice President, Secretary, Assistant Vice Secretary, and Senior Vice President and Chief Operating Officer-Surety, be and hereby are authorized from time to time to appoint one or more Attorneys-in-Factto execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligation in the nature thereof; to proscribe their respective duties and all respective limits of their authority; and to revoke any such appointment at any time.
RESOLVED FURTHER: That the Company seal and signature of the aforesaid officers and may be affixed by facsimile Power of Altorney given for the execution of any bond, undertaking, contract of suretyship, or other written obligations in the nature therent, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as thought manually affixed.
CERTIFICATION
I, Keith Sherman, Senior Vice President and Chief Operating Officer-Surety of BULER HERMES NORTH AMERICA INSURANCE COMPANY, do herehy certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of October 1, 2015, have not been revoked and are now in full force and effect.
Signed and sealed this 21ST day of september 2021.
O. Sle-c.
Keith Sherman, Senior Vice President and
Chief Operating Officer-Surety
DocuSign Envelope ID: 44FE3508-D970-41 B8-813B-D6C6156683D5 Bond No.: 2510176
Contract No.:
Approved
LABOR AND MATERIAL BOND
Tract Map No. 20165
WHEREAS, the City Council of the City of Chino, State of California, hereinafter designated as "CITY" and Century Communities of California, LLC hereinafter designated as "PRINCIPAL," have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated September 21, 2021 and identified as Project No. Tract Map No. 20165 _ is hereby referred to and made a part hereot; 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 performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of One Million Seven Hundred Thirty Four Thousand Two Hundred and 00/100 Dollars ($1,734,200.00) 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 It is hereby expressly stipulated and agreed thai this bond shall inure to the benefit of any and all persons. companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this 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 keen duly executed by Principal and Surety above named, on September 21, 2021
Century Communities of California, LLC Euler Hermes North America Insurance Company
PRINCIPAL SURETY
Have j Wildebran By phan a Michel, Atoney in Fact
SIGNATURE(S) MUST BE NOTARIZED No: 0H56218
Rev. 04/2019) Page 1 of 1
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
30800008888888888888888008888888988
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 Orange
August 5, 2021 Kimberly Chadwick, Notary Public
On before me,
Date Here Insert Name and Title of the Officer
personally appeared Thomas J. Hildebrandt -
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
KIMBERLY CHADWICK paragraph is true and correct.
Notary Public • California
Orange County WITNESS my hand and official seal.
Commission # 2350981
My Comm. Expires Mar 29, 2025
K bad Chadd
Signature
Place Notary Seal and/or Stamp Above Signature of Notary Public
OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Labor and Material Bond
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 - m Limited a General • Partner - w Limited • General • Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian or Conservator I Trustee • Guardian or Conservator • Other: • Other:
Signer is Representing: Century Communities of Califomia Signer is Representing:
88888889888888989888
©2019 National Notary Association
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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 truthfullness, accuracy or validity of that document. ..•*.. ••• ••••
State of Alabama
County of Jefferson
On September 21, 2021 before me. Courtney Hitt Weiss, Notary Public Dale Name and rifle of Notary
personally appeared Richard F. Mitchell, Attorney-in-Fact Name and of Names of Signers)
Who proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true and correct.
Witness my hand and official seal.
lout + Werrs
Signature
Notary Public Sigrature Place Notary Public Seal Above
My commission expires: November 15, 2022
OPTIONAL
Thaugh the Information below is not requined by law, it may prove valuable ia the persons relying on the document and could prevent fraudulent removai and realtachnient of this form to another document.
Description of Attached Document
Title or Type of Document
Document Date Number of Pages:
Signer's Name:
• Individual • Individual
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - Limited O General IGHT THUMBPRI • Guardian or Conservator • Guardian or Conservator F SKINE Tea of thumb Top of thumb
X Attorney in-Fact • Attorney-in-Fact
• Trustee • Trustee
• Other: • Other:
Signer is representing Signer is representing
Euler Hermes
North America
Insurance Company
EH EULER HERMES
16358
EULER HERMES NORTH AMERICA INSURANCE COMPANY
800 Red Brook Boulevard * Owings Mills, Maryland 21117
The number of persons authorized by this 8
Power of Attorney is not more than:
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That EULER HERMES NORTH AMERICA INSURANCE COMPANY (EULER HERMES), a corporation organized and existing under the laws of the state of Maryland, does hereby nominate, constitute, and appoint the person or persons named below, cach individually if more than one is named, its true and lawful attorney-in-fact, for and in its name, place, and stead to execute on behalf of EULER HERMES, as surety, any and all bonds, undertakings, and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of EULER HERMES on any such bond, undertaking, or contract of suretyship executed under this authority shall not exceed the limit stated below.
NAME ADDRESS LIMIT OF POWER
Mark W. Edwards, II; Ronald B. Giadrosich 2211 7" Avenue South Unlimited Jeffrey M. Wilson; Richard H. Mitchell PO Box 10265
Robert R. Freel; Anna Childress Birmingham, AL 35233
Alisa B. Ferris
William M. Smith
This Power of Attorney revokes all previous powers issued on behalf of the attorney(s) -in-fact named above.
IN WITNESS WHEREOF, EULER HERMES has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunder affixed this 1st day of January - 20_21 SEAL
W. Ser.c.
James Daly, President and CEO-The Americas Keith Sherman, Senior Vice President and Chief Operating Officer-Surety
State of Maryland, County of Baltimore
On this 1st day of January , 20 21, before me personally appeared Keith Sherman, to me known, being duly sworn, deposes and says that he resides in Phoenix, MD ; that he is the Senior Vice President and Operating Officer-Surety of EULER HERMES, the Company described herein and which executed the above instrument; that he know the seal of EULER HER MES; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority of the Board of Directors of EULER HERMES; and that he signed his name thereto by like authority.
Notarial Seal This Commission Expires April 4, 2023
This Power or Aloney i% granted by authority of the following resolutions adopted by the Board of Directors of BULBR HERMES NORTH AMERICA INSURANCE COMPANY (Company by unanimous consent on October 1, 2015. ......
RESOLVED: That the President, Executive Vice President, Senior Vice President, Vice President, Secretary, Assistant Vice Secretary, and Senior Vice President and Chief Operating Officer-Surety, be and hereby are authorized from time to time to appoint one or more Attorneys-in-Factto execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligation in the nature thereof, to proscribe their respective duties and all respective limits of their authority; and to revoke any such appointment at any time.
RESOLVED FURTHER: That the Company seal and signature of the aforesaid be affixed by lacsimile to any Power of Attorney given for the execution of any bond, undertaking, contract of suretyship, or other written obligations in the nature thereof, such signature and seal when so being hereby adopted by the Company as the the original seal of the Company, to be valid and binding upon the Company with the same torce and effect as thought manually affixed.
CERTIFICATION
I, Keith Sherman, Senior Vice President and Chief Operating Officer-Surety of EULER HERMES NORTH AMERICA INSURANCE COMPANY, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of October 1, 2015, have not been revoked and are now in full force and effect.
Signed and sealed this 215T _day of Septemor20 2)
T. Ser-c
Keith Sherman, Senior Vice President and
Chief Operating Officer-Surety
DocuSign Envelope ID: 44FE3508-D970-41B8-813B-D6C6156683D5 Bond No.: 21BSBIR9270
Contract No.:
Approved:
WARRANTY BOND
Tract Map No. 20165
WHEREAS, the City Council of the City of Chino, State of California, hereinafter designated as "CITY" and Century Communities of California, LLC , hereinafter designated as "PRINCIPAL," have entered into an agreement whereby Principal has agreed to warrant and guarantee the installation, completion, and maintenance of certain designated public improvements, which said agreement, dated September 21, 2021
referred to and made a part hereof; and _ and identified as Project No. IM 20165 is hereby 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.... Hartford Fire Insurance Company, as surety, are held and firmly bound unto the City of Chino in the penal sum of Three Hundred Forty-Six Thousand Eight Hundred and 00/100 - Dollars ($346,800.00
_ 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. September 21, 2021
Century Communities of California, L.LC Hartford Fire Insurance Company_.
PRINCIPAL SURETY
Her f. Hillel AttA
Richard H. Mitchell, Attorney-in-Fact
CA License No: 0H56218
SIGNATURE(S) MUST BE NOTARIZED
Rev. 04/2019)
CALIFORNIA 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 Orange
August 5, 2021 Kimberly Chadwick, Notary Public
On before me,
Date Here Insert Name and Title of the Officer
Thomas J. Hildebrandt
personally appeared
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
KIMBERLY CHADWICK paragraph is true and correct.
Notary Public - California
Orange County WITNESS my hand and official seal.
Commission # 2350981
My Comm. Expires Mar 29, 2025
Signature Kbul , Chadd
Place Notary Seal and/or Stamp Above Signature of Notary Public
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: Warranty Bond
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - • Limited • General • Individual • Attorney in Fact m Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer is Representing: Century Communities of California Signer is Representing:
©2019 National Notary Association
Direct Inquiries/Claims to:
THE HARTFORD
BOND, T-11
POWER OF ATTORNEY One Hartford Plaza
Hartford, Connecticut 06155
[email protected]
call: 888-266-3488 or fax: 860-757-5835
KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: MCGRIFF INSURANCE SERVICES INC Agency Code: 21-250036
Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of Unlimited:
Christopher C. Gardner of Union MS, R.E. Daniels, Shelby E. Daniels of Pensacola, FL, Robert Read Davis of Atlanta GA, Robert M. Verdin of Metairie, LA, Anna Childress, Mark W. Edwards II, Alisa B. Ferris, Robert R. Freel, Richard H.
Mitchell, William M. Smith, Jeffrey M. Wilson of BIRMINGHAM, Alabama their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by , and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 23, 2016 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. 19 7 8
Shuby Wiggins Salut Ritum
Shelby Wiggins, Assistant Secretary Joelle L. LaPierre, Assistant Vice President
STATE OF FLORIDA
SS. Lake Mary
COUNTY OF SEMINOLE
On this 20th day of May, 2021, before me personally came Joelle LaPierre, to me known, who being by me duly sworn, did depose and say: that (s)he resides in Seminole County, State of Florida; that (s)he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that (s)he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that (s)he signed his/her name thereto by like authority.
Jessica Quone
Jessica C'icconc
My Commission HH 122280
Expires June 20. 2025
copy of the Power of Attorney executed by said Companies. which is still in full force effective as of September 21 1, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct Signed and sealed in Lake Mary, Florida.
1079
Keith D. Dozois, Assistant Vice President
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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 truthfullness, accuracy or validity of that document. • • • •
State of Alabama
County of Jefferson
September 21, 2021 before me, Courtney Hitt Weiss, Notary Public On Name and Tile of Nointy
Dale
Richard Hi. Mitchell, Attorney-in-Fact
personally appeared
Name and oi Hames of Signers)
Who proved to me on the basis of satisfactory evidence
to be the person(s) whose names) is/are subscribed
to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true and correct.
Witness my hand and/official seal.
signature conti Wevoo
Notary Public Signature Place Notary Public Seal Above
My commission expires: No aber 15, 2022
_OPTIONAL
Though the information below is not required by law, it may prove valuable to the persons relying on the document and could prevent fraudulent removal and realtachment of this forn to another document.
Description of Attached Document
Title or Type of Document
Document Date _ Number of Pages:
Signer's Name:
• Individual • Individual
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - •Limited D General RIGHT THUMBPRIN OF SKaNEF
• Guardian or Conservator • Guardian or Conservator Top of thumb Top of thumb
X Attorney-in-Fact • Attorney in-Fact
• Trustee • Trustee
• Other: • Other:
Signer is representing Signer is representing
Hartford Fire
Insurance Company
•..