Contract No. 2021-198
Approved: 12/15/20 #10
SUBDIVISION IMPROVEMENT AGREEMENT
by and between
CITY OF CHINO
and
Pulte Home Company, LLC
a Michigan limited liability company
01225.0006/366470.1 Updated 11-2017
Designees for the Service of Written Notice:
CITY: SUBDIVIDER:
Chris Magdosku Pulte Home Company, LLC
City Engineer
27401 Los Altos, Ste. 400
13220 Central Avenue Mission Viejo, CA 92691
Chino, CA 91710
(949) 330-8600 / 562-441-2050
(909) 334-3417 [email protected]
[email protected]
CITY PROJECT INSPECTOR SURETY
Isaac Ortega Hartford Fire Insurance Company
Permit & Inspection Supervisor
13220 Central Avenue
Chino, CA 91710
(909) 334-3501
[email protected]
01225.0006/366470.1
SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN
THE CITY OF CHINO
AND
[Pulte Home Company, LLC]
Agreement Date: December 15th, 2020
Subdivider Name: Pulte Home Company, LLC, a Michigan Limited Liability Company.
Subdivision Description:_PL19-0074 (Tentative Tract Map No. 20172) - A "B" level subdivision of 7.40 adjusted gross acres into 76 lots and 4 lettered lots at a density of 9.61 dwelling units per acre.
Tentative Map No.: 20172
Estimated Total Cost of Improvements: $2,000,700.00
Estimated Total Cost of Monumentation: $32,000.00 (based upon the plans, including individual lots, subdivision boundary and public improvements).
Security:
Bond No.: 59BSBIJ6818
Surety: Hartford Fire Insurance Company
01225.0006/366470.1
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
Erosion and Dust Control and Environmental Mitigation
Final Acceptance of Works of Improvement
Vesting of Ownership
Subdivider's Obligation to Warn Public During Construction Injury to Public Improvements, Public Property or Public Utility
2. Time for Performance
Commencement and Completion Dates
Phasing Requirements
Force Majeure
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
Required Security
Form of Security Instruments
Subdivider's Liability
Letters of Credit
Release of Security Instruments
5. Cost of Construction and Provision of Inspection Service
5.1 Subdivider Responsible for All Related Costs of Construction 01225.0006/369377.1
5.2 Payment to City for Cost of Related Inspection and Engineering Services
5.3 Payment of Development Impact Fees
6. Acceptance of Offers of Dedication
7. Warranty of Work
8. Default
8.1 Default by Subdivider
8.2 Remedies
8.3 Remedies Not Exclusive
8.4 Attorney's Fees and Costs
8.5 Waiver
9. Indemnity/Hold Harmless
10. Subdivider's Indemnity of Project Approval
11. Insurance Requirements
12. Environmental Warranty
13. General Provisions
13.1 Successors and Assigns
13.2 No Third-Party Beneficiaries
13.3 No Vesting Rights
13.4 Subdivider is Not Agent of City
13.5 Time of the Essence
13.6 Notices
13.7 No Apportionment
13.8 Severability
13.9 Captions
13.10 Incorporation of Recitals
13.11 Interpretation
13.12 Entire Agreement; Waivers and Amendments
13.13 Counterparts
14. Authority
01225.0006/369377.1
SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is entered into this 15th day of December, 2020, 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, PULTE HOME COMPANY, LLC a Michigan limited liability company (Subdivider").
RECITALS
Subdivider is the owner of, and has obtained approval of a subdivision map identified as Tentative (Tract/Parcel) Map No. 20172, (the "Map"), located in the City of Chino, County of San Bernardino, State of California (the "Property"), as described on Exhibit The Map requires Subdivider to comply with certain conditions of approval for the development of the Property (the "Conditions") as described on Exhibit "B".
B. Pursuant to the Conditions, Subdivider, by the Map, has offered for dedication to City for public use of the streets and easements shown on the Map. City desires to accept the streets and easements shown on the Map for public use, and certain other improvements described in this Agreement.
C. Subdivider has delivered to City, and City has approved, plans and specifications and related documents for certain "Works of Improvement" (as hereinafter defined) which are required to be constructed and installed in order to accommodate the development of the Property.
D. Subdivider's agreement to construct and install the Works of Improvement pursuant to this Agreement and its offer of dedication of the streets, easements and other improvements and facilities, as shown on the Map, are a material consideration to City in approving (Final/Parcel) Map No. 20172 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.
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 $2,000,700.00.
01225.0006/366470.1
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 compiete work of improvement which Subdivider shall perform or cause to be performed in a manner reasonably determined by the City Engineer, (or designee), to be 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 reasonably 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/Parcel) Map No. 20172 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)(ii) 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. Subject to the prior written approval of Subdivider, 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 determined by the City Engineer to be necessary to accomplish the purposes of this Agreement and to protect the public health, safety, or welfare. The City Engineer shall notify and request consent of Subdivider or its contractor in writing (by Correction Notice) at the time a determination has been made to require changes in the work. No field changes performed or proposed by Subdivider or its contractor shall be binding on City unless approved in writing by the City Engineer. The City and Subdivider may mutually agree upon changes to the Works of Improvement, subject to the security requirements in Section 4.
1.7. Defective Work. Subdivider shall cause its contractor to repair, reconstruct, replace, or otherwise make acceptable any work found by the City Engineer to be defective. 01225.0006/366470.1
2 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 contractors) 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 01225.0006/366470.1
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.
1.14. Erosion and Dust Control and Environmental Mitigation. All grading, landscaping, and construction activities shall be performed in a manner to control erosion and prevent flooding problems. The City Engineer shall have the authority to require erosion plans to 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 contractor's initial request for final inspection. If items are found by City's inspectors to be incomplete or not in compliance after two (2) "final" inspections, the City may require the Subdivider or its contractor, as a condition to performing further field inspections, to submit in writing a detailed statement of the work performed subsequent to the date of the previous inspection which was found to be incomplete or not in compliance at that time. Subdivider shall be responsible for payment to City Engineer of re-inspection fees in the amount necessary to cover the City's costs for additional final inspections, as determined by the City Engineer.
No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by the City Engineer is made. The City Engineer shall make a certification of completion and acceptance on the Works of Improvement by recordation of a Notice of Acceptance on behalf of the City.
Final acceptance shall not constitute a waiver by the City Engineer of defective work subsequently discovered.
The date on which the Works of Improvement will be considered as complete shall be the date of the Notice of Acceptance.
1.16. Vesting of Ownership. Upon recordation of the Notice of Acceptance, ownership of the Works of Improvement shall vest in the City.
1.17. Subdivider's Obligation to Warn Public During Construction. Until recordation of the Notice of Acceptance, Subdivider shall give good and adequate warning to the public of any dangerous condition of the Works of Improvements, and shall take reasonable actions to protect the public from such dangerous condition. Until recordation of the Notice of Acceptance, Subdivider shall provide forty-eight (48) hours' advance written notice to all 01225.0006/366470.1
4 neighboring property owners and tenants affected by Subdivider's operations or construction of the hours, dates and duration of any planned construction activities.
1.18. Injury to Public Improvements, Public Property or Public Utility. Until recordation of the Notice of Acceptance of the Works of Improvement, Subdivider assumes responsibility for the care and maintenance of, and any damage to, the Works of Improvements. Subdivider shall replace or repair all Works of Improvements, public property, public utility facilities, and surveying or subdivision monuments and benchmarks which are destroyed or damaged for any reason, regardless whether resulting from the acts of the Subdivider, prior to the recordation of the Notice of Acceptance. Subdivider shall bear the entire cost of such replacement or repairs regardless of what entity owns the underlying property. Any repair or replacement shall be to the reasonable satisfaction, and subject to the approval, of the City Engineer.
Neither the City, nor any officer or employee thereof, shall be liable or responsible for any accident, loss or damage, regardless of cause, occurring to the work or Works of Improvements prior to recordation of the Notice of Acceptance of the work or improvements, save and except any accident, loss or damage caused by the gross negligence or intentional misconduct of the City or its officers, employees or authorized agents.
Time for Performance.
2.1. Commencement and Completion Dates. Subject to Sections 2.2 and 2.3 below, Subdivider shall (i) commence with construction and installation of the Works of Improvement thirty (30) days following City's approval of the Plans ("Commencement Date"); and (ii) complete or cause to be completed all of the Works of Improvement within two (2) years after the Commencement Date. In the event good cause exists as reasonably determined by the City Engineer, the time for commencement of construction or completion of the Works of Improvement hereunder may be extended by up to three (3) additional one year periods.
Extensions shall be executed in writing by the City Engineer. The City Engineer shall determine in good faith whether or not the Subdivider has established good cause for an extension. As a condition of such extension, the City Engineer may require Subdivider to furnish new security guaranteeing performance of this Agreement, as extended, in increased amount to compensate for any increase in construction costs as reasonably determined by the City Engineer. If Subdivider requests and is granted an extension of time for completion of the improvements, City may apply the standards in effect at the time of the extension.
2.2. Phasing Requirements. Notwithstanding the provisions of Section 2.1, the City reserves the right to control and regulate the phasing of completion of specific Works of Improvement as required to comply with applicable City ordinances, regulations, and rules relating to the timely provision of public services and facilities. In addition to whatever other remedies the City may have for Subdivider's failure to satisfy such phasing requirements, as the same now exist or may be amended from time to time, Subdivider acknowledges City's right to withhold the issuance of further building permits on the Property until such phasing requirements are satisfied. Prior to issuance of building permits, Subdivider shall provide satisfactory evidence that all applicable requirements that are a condition to issuance of building permits have been satisfied. Such requirements may include the payment of fees, construction of improvements, or both. Final inspections or issuance of Certificates of 01225.0006/366470.1
5 Occupancy may be withheld from the Subdivider by the City, if, upon a determination by the City Engineer, completion of specific Works of Improvements or other requirements associated with the development of the Property have not been completed to the City Engineer's reasonable satisfaction.
2.3. Force Majeure. Notwithstanding the provisions of Section 2.1, Subdivider's time for commencement and completion of the Works of Improvement shall be extended for the period of any enforced delay caused due to 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 City), required changes to the scope of work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than five (5) days prior to City's receipt of a written notice from 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.
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 expressly require compliance with the provisions of this Section in all agreements with contractors and subcontractors for the performance of this Agreement. 01225.0006/366470.1
6 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 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.
Subdivider shall cause every contractor and
subcontractor performing any of the Works of Improvement to carry Workers' Compensation or proming an or the Insurance as required by the Labor Code of the State of California and shall cause each such contractor and subcontractor to submit to City a Certificate of Insurance verifying such coverage prior to such contractor or subcontractor entering onto the job site.
4. Security.
4.1. Required Security.
(a) At the time Subdivider executes this Agreement, Subdivider shall furnish to City the following bonds, letters of credit, instruments of credit (assignment of deposit account) or other security acceptable to City in its sole and absolute discretion and satisfying the requirements of the applicable provisions of this Section 4 below (hereinafter "Security Instruments"):
(i) A Security Instrument securing Subdivider's faithful performance of all of the Works of Improvement ("Faithful Performance Security Instrument"), in the amount of $2,000,700.00 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 $1,000,400.00 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 $32,000.00 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 $200,100.00 01225.0006/366470.1
7 equal to 10% of the estimated construction cost set forth in Section 1.1 or a suitable amount determined by the City Engineer.
4.2. Form of Security Instruments. All Security Instruments shall be in the amounts required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following minimum requirements and otherwise shall be in a form provided by City or otherwise approved by the City Attorney:
(a) Bonds. For Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California. Any insurance company acting as surety shall have a minimum rating of A-IX, as rated by the current edition of Best's Key Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858. Any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard & Poor's.
(b) Letters of Credit. For Security Instruments which are letters of credit, any letter of credit shall be an original separate unconditional, irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specificaliy permit City to draw on same by unilateral certification of the City Engineer of the City that Subdivider is in default under its payment or performance obligations hereunder or in the event Subdivider fails to deliver a replacement letter of credit not less than thirty (30) days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 4.4.
(c) Instrument of Credit. For Security Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to City all of Subdivider's interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. (d) General Requirements for all Security Instruments.
(i) Payments under any Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the City of Chino, State of California (and the Security Instrument shall so provide).
(i) Each Security Instrument shall have a minimum term of one (1) year after the deadline for Subdivider's completing the Works of Improvement, in accordance with Section 2.1 (other than Instruments of Credit, which shall have no defined term or expiration date).
(iii) Each Security Instrument shall provide that changes may be made in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and without affecting the obligations under such Security Instrument. 01225.0006/366470.1
8 (iv) If the Subdivider seeks to replace any security with another security, the replacement shall: (1) comply with all the requirements for security in this Agreement; (2) be provided by the Subdivider to the City Engineer; and (3) upon its written acceptance by the City Engineer, be deemed a part of this Agreement. Upon the City Engineer's acceptance of a replacement security, the former security shall be released by the City.
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.
In the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit (expiring in not less than one (1) year, unless City agrees to a lesser term in City's sole and absolute discretion) is not delivered not less than thirty (30) days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit delivered hereunder, issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit. (b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Subdivider. If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as provided in the foregoing. Subdivider agrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein, and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City's security interest in such account.
4.5. Release of Security Instruments. The City shall release all Security Instruments consistent with Government Code Sections 66499.7 and 66499.8, Section 19.09.010 of the Chino Municipal Code, and as follows:
(a) City shall release the Faithful Performance Security Instrument and Labor and Materials Security Instrument when all of the following have occurred:
01225.0006/366470.1
9 (i) Subdivider has made written request for release and provided evidence of satisfaction of all other requirements in this Section 4.5; (ii) the Works of Improvement have been accepted;
(ili) Subdivider has delivered the Maintenance and Warranty Security Instrument; and
(iv) after passage of the time within which lien claims are required to be made pursuant to Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California. If lien claims have been timely filed, City shall hold the Labor and Materials Security Instrument until such claims have been resolved, Subdivider has provided a statutory bond, or otherwise as required by applicable law.
Subdivity s (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 Cost of Construction and Provision of Inspection Service.
5.1. Subdivider Responsible for All Costs of Construction. Subdivider shall be responsible for payment of all costs incurred for construction and installation of the Works of Improvement. In the event Subdivider is entitled to reimbursement from City for any of the Works of Improvement, such reimbursement shall be subject to a separate Reimbursement Agreement to be entered into between Subdivider and City prior to construction of the Works of Improvement.
5.2. Payment to City for Cost of Related Inspection and Engineering Services.
Subdivider shall compensate City for all of City's costs reasonably incurred in having its authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Subdivider shall compensate City for all design, plan check, evaluating any proposed or agreed-upon changes in the work. The procedures for deposit and payment of such fees shall be as established by the City. In no event shall Subdivider be entitled to additional inspections or a final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections.
5.3. Payment of Development Impact Fees. Subdivider shall pay the applicable Development Impact Fees pursuant to and in accordance with Chino Municipal Code Chapter
3.40. Acceptance of Offers of Dedication. The City Council shall pass as appropriate resolution or resolutions accepting all offers of dedication shown on the Map for the Property, with acceptance to become effective upon completion and acceptance by City of the Works of 01225.0006/366470.1
10 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 detective materials and workmanship for a period of one (1) year from the date of final acceptance. If any of the Works of Improvement should fail or prove defective within said one (1) year period due to any reason other than improper maintenance, or if any settlement of fill or backfill occurs, or should any portion of the Works of Improvement fail to fulfill any requirements of the Plans, 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.
Default.
8.1. Default by Subdivider. Default by Subdivider shall include, but not be limited to:
(a) Subdivider's failure to timely commence construction of Works of Improvement under this Agreement;
(b) Subdivider's failure to timely complete construction of the Works of Improvement;
(c) Subdivider's failure to perform substantial construction work for a period for 20 consecutive calendar days after commencement of the work; (d) Subdivider's insolvency, appointment of a receiver, or the filing of any petition in bankruptcy, either voluntary or involuntary, which Subdivider fails to discharge within 30 days;
e) The commencement of a foreclosure action against the subdivision or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or (f) Subdivider's failure to perform any other obligation under this Agreement.
8.2. Remedies. The City reserves all remedies available to it at law or in equity for a default or breach of Subdivider's obligations under this Agreement. The City shall have the right, subject to this Section, to draw upon or use the appropriate security to mitigate the City's damages in the event of default by Subdivider. The City's right to draw upon or use the security is in addition to any other remedy available to City. The parties acknowledge that the estimated costs and security amounts may not reflect the actual cost of construction of the improvements and, therefore, City's damages for Subdivider's default shall be measured by the cost of completing the required improvements. The City may use the sums provided by the securities for the completion of the Works of Improvement in accordance with the plans. In the event the Subdivider fails to cure any default under this Agreement within 20 days after the 01225.0006/366470.1
11 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, plans and other property that are at the work site and that are necessary to complete the Works of Improvement.
8.3. Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, the Subdivider agrees that the choice of remedy or remedies for Subdivider's breach shall be in the discretion of the City. Additionally, any remedy specifically provided in this Agreement shall be in addition to, and not exclusive of, City's right to pursue any other administrative, legal, or equitable remedy to which it may by entitled.
8.4. Attorney's Fees and Costs. In the event that Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney's fees. In the event of any dispute arising out of Subdivider's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney's fees and costs. Such attorney's fees and cost shall include fees and costs on any appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment.
8.5. Waiver. No waiver by the City of any breach or default by the Subdivider shall be considered valid unless in writing, and no such waiver by the City shall be deemed a waiver of any subsequent breach or default by the Subdivider.
Indemnity/Hold Harmless. City or any officer, employee or agent thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of Subdivider, its agents, employees, contractors and subcontractors in the performance of this Agreement. Subdivider further agrees to protect, defend, indemnify and hold harmless City, its officials, boards and commissions, and members thereof, agents, and employees from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, acts or omissions of Subdivider, its agents, employees, contractors and subcontractors in the performance of this Agreement, except for such claims, demands, causes of action, liability or loss arising out of the sole active negligence of the City, its officials, boards, commissions, the members thereof, agents and employees, including all claims, demands, causes of action, liability or loss because of or arising out of, in whole or in part, the design or construction of the improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said Subdivision, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the 01225.0006/366470.1
12 design and construction of public drainage systems, streets and other improvements.
Recordation of the Notice of Acceptance by the City of the Works of Improvements shall not constitute an assumption by the City of any responsibility for any damage or taking covered by this Section. City shall not be responsible for the design or construction of the property to be dedicated or the improvements pursuant to the approved improvement plans or map, regardless of any negligent action or inaction taken by the City in approving the plans or map, unless the particular improvement design was specifically required by City over written objection by Subdivider submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or detective and suggested an alternative safe and feasible design.
After recordation of the Notice of Acceptance, the Subdivider shall remain obligated to eliminate any latent defect in design or dangerous condition caused by the design construction defect for a period of one (1) year; however, Subdivider shall not be responsible for routine maintenance upon the final acceptance of the City Council. It is the intent of this section that Subdivider shall be responsible for all liability for design and construction of the improvements installed or work done pursuant to this Agreement and that City shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving or reviewing any work or construction. The improvement security shall not be required to cover the provisions of this Paragraph.
Subdivider shall reimburse the City for all costs and expenses, including but not limited to fees and charges of architects, engineers, attorneys, and other professionals, and court costs, incurred by City in enforcing this Section.
10. Subdivider's Indemnity of Project Approval. Subdivider shall defend, indemnify, and hold harmless the City and its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning the Subdivision. The City shall promptly notify the Subdivider of any claim, action, or proceeding and cooperate fully in the defense of any such claim, action, or proceeding. In the event City fails to promptly notify the Subdivider of any claim, action, or proceeding, or if the City fails to cooperate in the defense, the Subdivider shall not thereafter be responsible to defend, indemnify, or hold harmless the City. Nothing in this Section prohibits the City from participating in the defense of any claim, action, or proceeding if City bears its own attorney's fees and costs and defends the action in good faith. Subdivider shall not be required to pay or perform any settlement unless the settlement is approved by the Subdivider.
Insurance Requirements. Subdivider, at Subdivider's sole cost and expense and for the full term of this Agreement and any extensions thereto, shall obtain and maintain all of the following minimum insurance requirements in a form approved by the City's authorized 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:
Premises operations; including X, C, and U coverage;
01225.0006/366470.1
13 (ii) Owners' and contractors' protection;
(iii) Blanket contractual;
(iv) Completed operations; and
(v) Products.
Commercial Business Auto policy with a minimum $1 million combined single limit for bodily injury and property damage, providing all of the following minimum coverage without deductibles:
(i) Coverage shall apply to any and all leased, owned, hired, or non- owned vehicles used in pursuit of any of the activities associated with this Agreement; and
(ii) Any and all mobile equipment including cranes which are not covered under the above Commercial Business Auto policy shall have said coverage provided under the Commercial General Liability policy.
(c) Workers Compensation and Employers' Liability policy in accordance with the laws of the State of California and providing coverage for any and all employees of the Subdivider:
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 Or the Labor Code ich reare of the promising or entered 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."
(iii) Prior to commencement of work, the Subdivider shall file with the City's Risk Manager a Certificate of Insurance or certification of permission to self-insure workers' compensation conforming to the requirements of the Labor Code.
(d) Endorsements. All of the following endorsements are required to be made a part of each of the above-required policies as stipulated below:
"The City of Chino, its officers, employees and agents are hereby added as additional insureds."
01225.0006/366470.1
14 (ii) "This policy shall be considered primary insurance with respect to any other valid and collectible insurance the City may possess, including any self- insured retention the City may have and any other insurance the City does possess shall be considered excess (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 (v) Subsection d(iv) hereinabove "Cancellation Notice" is the only endorsement required of the Workers' Compensation and
Employers' Liability policy.
(e) Admitted Insurers. All insurance companies providing insurance to the Subdivider under this Agreement shall be admitted to transact the business of insurance by the California Insurance Commissioner.
(f) Proof of Coverage. Copies of all required endorsements shall be attached to the Certificate of Insurance which shall be provided by the Subdivider's insurance company as evidence of the coverage required herein and shall be mailed to:
City of Chino
Risk Management
13220 Central Avenue
Chino, CA 91710
12. Environmental Warranty.
12.1. Prior to the acceptance of any dedications or Works of Improvement by City, Subdivider shall provide City with a written warranty in a form substantially similar to Exhibit "C" attached hereto and incorporated herein by reference, that:
(a) Neither the property to be dedicated nor Subdivider are in violation of any environmental law, and neither the property to be dedicated nor the Subdivider are subject to any existing, pending or threatened investigation by any federal, state or local governmental authority under or in connection with the environmental laws relating to the property to be dedicated. (b) Neither Subdivider nor any other person with Subdivider's permission to be upon the property to be dedicated shall use, generate, manufacture, produce, or 01225.0006/366470.1
15 release, on, under, or about the property to be dedicated, any Hazardous Substance except in compliance with all applicable environmental laws. For the purposes of this Agreement, the term "Hazardous Substances" shall mean any substance or material which is capable of posing a risk of injury to health, safety or property, including all those materials and substances designated as hazardous or toxic by any federal, state or local law, ordinance, rule, regulation 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 of the release 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"), 01225.0006/366470.1
16 the rights and obligations of this Agreement shall transfer to the Replacement Subdivider; however, the Security Instruments required pursuant to Section 4 of this Agreement, and furnished by Subdivider as a condition of the City's approval of this Agreement, shall remain Subdivider's responsibility to maintain until such time as Subdivider and its Replacement Subdivider enter into a Transfer and Assignment of Subdivision Agreement, (the "Transfer Agreement"), to acknowledge the transfer of fee title to the Property from the Subdivider to its Replacement Subdivider, and to acknowledge the rights and obligations associated with this Agreement upon the Replacement Subdivider, including Replacement Subdivider's responsibility to furnish replacement Security Instruments meeting the City's approval pursuant to Section 4 of this Agreement. Until such time as a Transfer Agreement, meeting the City's approval, is executed by Subdivider and its Replacement Subdivider, and replacement Security Instruments meeting City's approval are furnished by the Replacement Subdivider, Subdivider retains sole responsibility for maintaining all Security Instruments required pursuant to Section 4 of this Agreement.
13.2. No Third-Party Beneficiaries. This Agreement is intended to benefit only the parties hereto and their respective successors and assigns. Neither City nor Subdivider intend to create any third-party beneficiary rights in this Agreement in any contractor, subcontractor, member of the general public, or other person or entity.
13.3. No Vesting Rights. Performance by the Subdivider of this Agreement shall not be construed to vest Subdivider's rights with respect to any change in any zoning or building law or ordinance.
13.4. Subdivider is Not Agent of City. Neither Subdivider nor Subdivider's agents, contractors, or subcontractors are agents or contractors of the City in connection with the performance of Subdivider's obligations under this Agreement.
13.5. Time of the Essence. Time is of the essence of Subdivider's performance of all of its obligations under this Agreement.
13.6. Notices. Unless otherwise specified in this Agreement, all notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date is delivered in person, or, if mailed, on the date of deposit in the United States Mail.
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.
01225.0006/366470.1
17 13.8. Severability. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.
13.9. Captions. The captions of this Agreement are for convenience and reference only and shall not be used in the interpretation of any provision of this Agreement.
13.10. Incorporation of Recitais. The recitals to this Agreement are hereby incorporated into the terms of this Agreement.
13.11. Interpretation. This Agreement shall be interpreted in accordance with the laws of the State of California.
13.12. Entire Agreement; Waivers and Amendments. This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to all or part of the subject matter hereof, except as may be expressly provided herein. All waivers of the provisions of this Agreement must be in writing and signed by an authorized representative of the party to be charged, and all amendments hereto must be in writing and signed by the appropriate representatives of both parties.
13.13. Counterparts. This Agreement may be executed in one or more counterparts, all of which taken together shall be deemed one original.
14. Authority. The persons executing this Agreement on behalf of the parties warrant the (I) party is duly organized and existing, (i) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into of this Agreement does not violate any provisions of any other agreement to which said party is bound. [SIGNATURES ON NEXT PAGE]
01225.0006/366470.1
18 IN WITNESS WHEREOF, the City and the Subdivider have caused this Agreement to be executed the day and year first above written.
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
Fred Galante, City Attorney
Director of Development Services
DARREN WARREN Name:_
Vice President Land (Please type or print name)
Acquisitions & Development
Title:
(Please type or print title)
CITY OF CHINO
Matthew Ballantyne, City Manager
Dated: 12.11.20
ATTEST:
Quel Vol
-
Angela Robles, City Clerk
Dated: 1217.2020
-
01225.0006/366470.1
19 DocuSign Envelope ID: A457D691-F29F-4CB4-BF3A-0491EA73EFC2 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 Salante
A Cigari
Fred Galante, Cly Alforney
Director of Development Services
DARREN WARREN Name: DARREN WARREN
Vice President Land
Requisitions & Development (Please type a fire Belopment Title:
(Please type or print title)
CITY OF CHINO
Matthew Ballantyne, City Manager
Dated: _
ATTEST:
By.
Angela Robles, City Clerk
Dated:
01225.0006/366470.1
19 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or oth ofter atie, an it te reten, to te ath of lude won sine ther State of California )
County of Orange )
On October 19, 2020 before me, Cresida Diaz, Notary Public Date Here Insert Name and Title of the Officer
personally appeared Darren Warren
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the persons) whose name(e) is/ere 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 2.
CRESIDA DIAZ
Notary Public - California Signature of Notary Public
Orange County
Commission # 2232345
My Comm. Expires Feb 25, 2022
Place Notary Seal Above
- OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Subdivision Improvement AgreementDocument Date: October 19, 2020 Number of Pages: ... ... Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Darren Warren Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - • Limited • General • Individual • Attorney in Fact •individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: Vice President, Land • Other:
Signer is Representing: Pulte / Centex Homes Signer Is Representing:
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certficate verifies only the Identity of the individual who signed th focument to which this certificate is attached, and not the truthfulness, accuracy, or validity of that documen! State of California
County of
On before me,_
Date Here Insert Name and Title of the Officer
personally appeared
Name(s) of Signers)
certify under PENALTY OF PERJURY under the law
if the State of California that the foregoing paragrap
is true and correct.
WITNESS my hand and official seal.
Signature
Signature of Notary Public
Place Notary Seal Above
- OPTIONAL -
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Number ope ag Document: Signerg) Other Than Named Above: Document Date:
Number of Pages:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer - Titles): • Corporate Officer - Title(s):
• Partner - O Limited General • Partner - C Limited • General • individual • Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other:
Signer Is Representing: Signer Is Representing:
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 01225.0006/366470.1
EXHIBIT "A"
LOCATION MAP
E
BICKMORE AVE'
PROJECT RINCON MEADOWS AVE.
SITE
MAYHEW AVE
PINE AVE
01225.0006/366470.1 A-1
_PAZ: T7M 20171 PАЗ: TM 20170 PA4: TTM 20172
Proposed Product Proposed Product Proposed Product
Bungalow Detached Condo SFD Lots (33.5 X B4.0)
$32AC | 57 OU | 10.71 DUAC 7.10 AC! BO DU! 11.27 DUJAC
TR 18858 MOR 18 20000 M
PA1: 7TM 20169
Proposed Produci
SFD Lots (50 × 67)
3.20 AC | 26 DU :
8.13 ОЩАС
HDR 30
PA9:TTM 20171
Proposed Product
Bungalow
2,13 AC (inelating pazza) i
18 00 | 945 DUHAC
HDR 16
PA8: TIM 20171
Proposed Product
Bungalow
4.07 AC / 48 DU |
19.78 DUIAC
Existing Meadowsquare
Rental Communit
100 AG Better
rani Basin !
PA5: /ТМ 20270
Proposed Product
Detached Conde
ER 3.33 AC (lecheding resen)
36 DU / 18.73 DaC
РАБ: TTM 20173 PARKING HEQUIREMENTS
PAT: TIM 20271 —
Proposed Product Iris sar Ammette
288-Story Slacked Flats DWAC
SP0Lcs (50x37*-
BungKow 10.71
11.27 • ca de d 9.61
283-Story Stacked Furs 4.10
263-Story Sucked Bas 695 134t
Burgalow
Burgalow
Matine locaine properti for Ter Mradealeran
TOTAL 44.13 194 19.19 Ang
He seeker peeped der lever Tral lines
co Proposed PL18-0010 Van Vliet Master Plan Site Exhibit EXHIBIT "B"
TENTATIVE TRACT MAP 20172 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. Sanitary sewers constructed as shown on the approved, engineered plans and in accordance with City Standards.
E. 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.
F. Underground installation of all electrical, telephone, cable television and any other energy or communication lines that abut or are within the project site.
G. A street lighting system (City-owned) in accordance with City Standards.
H. Disposal of all rocks and debris located within any public right-of-way within said development or on the boundary streets thereof.
I. Installation of concrete curbs, gutters, sidewalks, cross gutters, driveways and intersections as shown on approved construction plans and in accordance with City Standards.
J. 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.
K. Street signs at intersections per the City Standards.
L. Installation of approved landscaping (plants and materials).
M. Setting monuments as required by the State Code.
Subdivider shall also perform all Changes in the Work made pursuant to Section 1.6. 01225.0006/366470.1 B-1
RESOLUTION NO 2015-078
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: TR 20172
LOCATION: Botany and Meridian St-S of Bickmore Ave, N of Pine Ave By: PROACTIVE ENGINEERING CONSULTANTS, INC.
DATE: 7/15/2020 (Final Submittal)
Quantity Unit Item Unit Total Cost
Price Per Item
STREETS
LS Traffic Control (5% of construction cost) 5% $ 39,393.08 LS Clear & Grub Site (5% of construction cost) 5% 5 39,393.08 EA Tree Removal $ 800.00 S
CY Concrete Removal 300.00 $
CY AC Pavement Removal 100.00 $
LS Excavation (Clean Material) (5% of Construction Cost) 5%$ 39.393.08 CY Imported Common Fill (Incl. Compaction) 34.00 $
47720 SF Preparation of Subgrade 1.00 $ 47,720.00
V 2810 LF PCC 6" Curb & Gutter $ 23.00 S 64.630.00
LE PCG Curb Only 20.00 S -
LF 8" A.C. Berm 20.00 s
V 700 SF 8" PCC Cross Gutter 11.00 S 7,700.00
7690 4" PCC Sidewalk 5.80 $ 44,602.00
17350 SF 6" PCC Thick Drive Approach $ 7.40 $ 128,390.00 SF 8" PCC Thick Drive Approach $ 9.00 $
LF 2"x 6" Redwood Header 5.00 S -
EA Street Sign $ 475.00 $ 1,900.00
EA Traffic Sign and Post $ 400.00 $
2 EA Reflector Sign and Post $ 175.00 $ 350.00
2 EA Painted Legend $ 6.50 $ 13.00
SF Prime or Tack Coat $ 0.05
TON AC Variable - <300T $ 90.00 $
V 1590 TON AC Variable - ≥300T $ 80.00 $ 127,200.00
EngCostEstimate Page 1 of 13 Effective Date: January 1, 2016 RESOLUTION NO 2015-078
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: TR 20172
LOCATION: Botany and Meridian St-S of Bickmore Ave, Nof Pine Ave By: PROACTIVE ENGINEERING CONSULTANTS, INC.
DATE: 7/15/2020 (Final Submittal)
Quantity Unit Item Unit Total Cost
Price Per Item
STREETS
TON CAB Variable - <300T $ 75.00 S
1730 TON CAB Variable - >300T 65.00 $ 112,450.00
EA Adjust Sewer Manhole to Grade $ 665.00$ 4,655.00
LS Mobilization 5% S 39,393.08
EA Adjust Sewer Cleanout to Grade $ 350.00 $
12 EA Adjust Water Valve to Grade $ 265.00 S 3.180.00
12 EA Street Light (City Owner) 6,700.00 S 80,400.00
EA Lot Monument Setting Fee $ 550.00 S
64 LF Sawcut A.C. 3.00 $ 192.00
LE Sawcut Concrete $ 3.00 $
V 320 SF Cold Plane A.C (5 foot wide) 0.28 $ 89.60
LF Signing & Striping for
Arterial $ 19.00 s
Collector $ 13.00 s -
1500 Local $ 7.00 s 10,500.00
EA Traffic Signal (8 - Phase Controller) $ 250,000.00 S EA Modify existing Traffic Signal per Quadrant 50,000.00 $ LF Chain Link Fence
4 foot Residential Grade (Add $7.00/LF for Removal of
Existing Fence) $ 25.00 $
6 foot School fence (Add $9.00/LF for Removal of
Existing Fence) $ 35.00 $ -
EA Utility Poles
Transmission $ 11,500.00 $
Distribution $ 8,000.00 S
Service $ 3.000.00 $
EngCostEstimate Page 2 of 13 Effective Date: January 1, 2016 RESOLUTION NO 2015-078
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: TR 20172
LOCATION: Botany and Meridian St-S of Bickmore Ave, Nof Pine Ave By: PROACTIVE ENGINEERING CONSULTANTS, INC.
DATE: 7/15/2020 (Final Submittal)
Quantity Unit Item Unit Total Cost
Price Per Item
STREETS
Landscape (Including shrubs, Hardscape, Irrigation,
Ground Cover, Lighting, Installation Labor and
8189 SF $ 10.00 $ 81,890.00
LF $ 300.00 S
Rail Road Crossing
Safety Equipment (Complete Including Crossing
LS Gates, Signs, and Lights) $ 400,000.00$
SF Track Crossing (Concrete) $ 150.00 $
SF Approach 2.25 $
18 EA S.W. Ramps (A.D.A. Compliant) $ 4,000.00 $ 72,000.00 EA Traffic Signal Loops $ 400.00 $
STREET SUBTOTAL $ 945,433.92
PROJECT ADDITIVES Project Contingencies 10% S 94,543,39 Construction Staking 28,363 021
Soils Testing. 1% S. 9,454.34
Material Testing 1% S 9454,34
Construction Inspection 2% $ 18,908.68
Contract Administration 1% S 9,454.34
GRAND TOTAL STREETS ONLY $ 1,115,612.03
EngCostEstimate Page 3 of 13 Effective Date: January 1, 2016 RESOLUTION NO 2015-078
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: TR 20172
LOCATION: Botany and Meridian St-S of Bickmore Ave, Nof Pine Ave By: PROACTIVE ENGINEERING CONSULTANTS, INC.
DATE: 7/15/2020 (Final Submittal)
Quantity Unit Item Unit Total Cost
Price Per Item
WATER
LS Traffic Control (5% of Construction Cost) 5% 3 20,787.50 LE Trench Support/Shoring (6 foot depth) 15.00 $
CY de Bedding (Importe $ 45.00 $
Pipe & Fittings Installed, including excavation, beddir LF acktill and pavement restoratio $ 60.00 $
" Pipe & Fittings Installed, including excavation, beddin V 1490 LF backfill and pavement restoration. $ 75.00 $ 111,750.00 10" Pipe & Fittings Installed, including excavation,
LF bedding, backfill and pavement restoration $ 80.00 $ 12" Pipe & Fittings Installed, including excavatior
LF bedding, backfil and pavement restoration $ 90.00 $
16" Pipe & Fittings Installed, including excavation,
LF bedding, backfill and pavement restoration $ 105.00 $ EA 6" Gate Valve 1,500.00 $
EA 8" Gate Valve 2,000.00 $ 16.000.00
EA 10" Gate Valve $ 2,400.00 S
EA 12" Gate Valve $ 2,800.00 $
EA 16" Gate Valve $ 3,500.00 S
EA Fire Hydrant Assembly per City Std. $ 7,500.00 S 30,000.00 EA Blow-off Assembly 6" per City Std. $ 4,500.00 S
1 EA 2" Air Relief Assembly $ 4.500.00 S 4,500.00
71 EA 1" Water Service/Meter $ 3,500.00 S 248,500.00
EA 2" Water Service/Meter $ 4,500.00 $
10| EA Thrustblocks $ 500.00 $ 5,000.00
2 EA Remove Temp Blow-Off $ $ -
EngCostEstimate Page 4 of 13 Effective Date: January 1, 2016 RESOLUTION NO 2015-078
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: TR 20172
LOCATION: Botany and Moridian St-S of Bickmore Ave, Nof Pine Ave By: PROACTIVE ENGINEERING CONSULTANTS, INC.
DATE: 7/15/2020 (Final Submittal)
Quantity Unit Item Unit Total Cost
Price Per Item
WATER
WATER SUBTOTAL $ 436,537.50
PROJECT ADDITIVES Project Contingencies 210% 5 43,653.75 Construction Staking 3% S 13,096.13
Soils Testing 1% 4365.38
Material Testing 1% S 4 365.38
Construction Inspection 2% 8730.75
Contract Administration 1% $ 4,365.38
GRAND TOTAL WATER ONLY $ 515,114.25
EngCostEstimate Page 5 of 13 Effective Date: January 1, 2016 RESOLUTION NO 2015-078
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: TR 20172
LOCATION: Botany and Meridian St -S of Bickmore Avo, Nof Pine Ave By: PROACTIVE ENGINEERING CONSULTANTS, INC.
DATE: 7/15/2020 (Final Submittal)
Quantity Unit item Unit Total Cost
Price Per Item
RECYCLED WATER
LS Traffic Control (5% of Construction Cost) 5%I S
LF Trench Support/Shoring (6 foot depth) $ 15.00 S
CY Pipe Bedding (Imported) $ 45.00 $
6" Pipe & Fittings Installed, including excavation, bedding, LE backfill and pavement restoration $ 60.00 $
8" Pipe & Fittings Installed, including excavation, bedding, LF backtill and pavement restoration. $ 75.00 $
10" Pipe & Fittings Installed, including excavation,
LF bedding, backtill and pavement restoration $ 80.00$
12" Pipe & Fittings Installed, including excavation,
LE bedding, backfill and pavement restoration $ 90.00$
16" Pipe & Fittings Installed, including excavation,
LF bedding, backfill and pavement restoration $ 105.00 $ EA 6" Gate Valve $ 1,500.00 $
EA 8" Gate Valve $ 2,000.00 $
EA 10" Gate Valve 2,400.00 $
EA 12" Gate Valve $ 2,800.00 $
EA 16" Gate Valve $ 3,800.00 $
EA Fire Hydrant Assembly per City Std. $ 7.500.00 $
EA Blow-off Assembly 6" per City Std $ 4,500.00 | $
EA 2" Air Relief Assembly $ 4.500.00 $
EA 1" Water Service/Meter $ 3,500.00 $
EA 2" Water Service/Meter $ 4.500.00 $
EngCostEstimate Page 6 of 13 Effective Date: January 1, 2016 RESOLUTION NO 2015-078
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: TR 20172
LOCATION: Botany and Meridian St-S of Bickmore Ave, Nof Pine Avo By: PROACTIVE ENGINEERING CONSULTANTS, INC.
DATE: 7/15/2020 (Final Submittal)
Quantity Unit Item Unit Total Cost
Price Per Item
RECYCLED WATER
RECYCLED WATER SUBTOTAL
PROJECT ADDITIVES Project Contingencies 10% $
Construction Staking *3%
Soils Testing 1%
Material Testing. 1%
Construction Inspection. 2%
Contract Administration te:
GRAND TOTAL RECYCLED WATER ONLY
EngCostEstimate Page 7 of 13 Effective Date: January 1, 2016 RESOLUTION NO 2015-078
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: TR 20172
LOCATION: Botany and Meridian St-S of Bickmore Ave, N of Pine Ave By: PROACTIVE ENGINEERING CONSULTANTS, INC.
DATE: 7/15/2020 (Final Submittal)
Quantity Unit Item Unit Total Cost
Price Per Item
SEWER
LS Traffic Control (5% of Construction cost)
LF ench Support/Shorir $ 15.00 $
V.C.P. Installed, including excavation, bedding, backi
V 1458 LF a pavement restorati 92.00 S 134,136.00
" V.C.P. Installed, including excavation, beddin
LF acktill and pavement restoratio $ 98.00 S
" V.C.P. Installed, including excavation, beddin
LE Backul.er. pavelen resting excavalion, bedding. 104.00 $ LF acktill and pavement restoratio 110.00 $
g" V.C.P. Installed, including excavation, bedding
LF backfill and pavement restoratio $ 140.00 $
21" V.C.P. Installed, including excavation, bedding
LF backtill and pavement restoration $ 150.00 $
24" V.C.P. Installed, including excavation, bedding.
LF backfill and pavement restoration 170.00 $
EA Sewer Saddle $ 450.00 $
69 EA Wyes 4" × 8" Typical $ 225.00 $ 15,525.00
EA 48" Sewer Manhole $ 5.000.00 $ 35,000.00
EA 60" Sewer Manhole $ 6,400.00 $
4 EA Sewer Cleanout $ 1,800.00 $ 7,200.00
6" V.C.P. Installed, including excavation, bedding, backfill 221 LF and pavement restoration $ 85.00 $ 18.785.00
4" V.C.P. Installed, including excavation, bedding, backfill 2058 LF and pavement restoration $ 50.00 $ 102,900.00
EngCostEstimate Page 8 of 13 Effective Date: January 1, 2016 RESOLUTION NO 2015-078
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: TR 20172
LOCATION: Botany and Meridian St-S of Bickmore Ave, Nof Pine Ave By: PROACTIVE ENGINEERING CONSULTANTS, INC.
DATE: 7/15/2020 (Final Submittal)
Quantity Unit Item Unit Total Cost
Price Per Item
SEWER
SEWER SUBTOTAL $ 313,546.00
PROJECT ADDITIVES Project Contingencies 10% 31,354.60
Construction Staking 3% 9,406.38
Soils Testing. 3135.46
Material Testing 1% LS (3135.46
Construction Inspection 2% IS. 6.270,92
Contract Administration 1% 3,135.46
GRAND TOTAL SEWER ONLY $ 369,984.28
EngCostEstimate Page 9 of 13 Effective Date: January 1, 2016 RESOLUTION NO 2015-078
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: TR 20172
LOCATION: Botany and Meridian St-S of Bickmore Ave, Nof Pine Ava By: PROACTIVE ENGINEERING CONSULTANTS, INC.
DATE: 7/15/2020 (Final Submittal)
Quantity Unit Item Unit Total Cost
Price Per Item
STORM DRAIN
LS Traffic Control (5% of Construction Cost) 5%
LF 24" X 36" C.M.P.A. (10 Gauge) $ 230.00 $ =
27" x 43" C.M.P.A (10 Gauge) $ 250.00 $
EA Storm Drain Manhole #1 $ 5,000.00 $
EA Junction Structure #2 (24" or larger) $ 4,400.00 | $ EA Junction Structure #4 (24" or smaller) $ 2,500.00 $
EA Outlet Structure $ 5,000.00 S
EA Catch Basin 3.5' Width $ 5,500.00 $
EA Catch Basin 7' Width/L.D. $ 6,100.00 $
EA Catch Basin 10' Width/L.D. $ 7,000.00
EA Catch Basin 14' Width/L.D. $ 8,000.00
EA $ 10,000.00 $
Catch ac 21 lie, Duding excavation, Beding,.
LF 24 ikch aRdPInstalent insioraig excavation, beading. 130.00 S LF 27 inch and instalent, instering excavation, bedding,. 150.00 $ LF acktill and pavement restoratie 160.00 S
) inch RCP Installed, including excavation, beddi
175.00 | S
backi and avenient elorio excavalon, bedding,
LF backfill and pavement restoration $ 190.00 $
36 inch RCP Installed, including excavation, bedding
LF ackfill and pavement restoration $ 240.00 $
9 inch RCP Installed, including excavation, bedding
LF backfill and pavement restoration 260.00 $
42 inch RCP Installed, including excavation, bedding,
LF backfll and pavement restoration $ 275.00 $
EngCostEstimate Page 10 of 13 Effective Date: January 1, 2016 RESOLUTION NO 2015-078
EXHIBIT C
Billi CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: TR 20172
LOCATION: Botany and Meridian St-S of Bickmore Ave, N of Pine Ave By: PROACTIVE ENGINEERING CONSULTANTS, INC.
DATE: 7/15/2020 (Final Submittal)
Quantity Unit Item Unit Total Cost
Price Per Item
STORM DRAIN
45 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 280.00 s
48 inch RCP Installed, including excavation, bedding,
LF ackfill and pavement restoratio 300.00 S
1 inch RCP Installed, including excavation, bedding
LF backfill and pavement restoration 325.00 S
54 inch RCP Installed, including excavation, bedding,
LF backtili and pavement restoration 350.00 $
60 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration $ 360.00 $
63 inch RCP Installed, including excavation, bedding,
LE backfill and pavement restoration 370.00 $
66 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration 400.00 $
72 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration $ 460.00 S
78 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration 470.00 $
81 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration 490.00 S
84 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration 510.00 S
90 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration $ 540.00 S
96 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration $ 570.00 S
102 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration $ 610.00 S
108 inch RCP Installed, including excavation, bedding.
LE backfill and pavement restoration $ 640.00$ -
7'x6' RCB Installed, including excavation, bedding,
LF backfill and pavement restoration $ 700.00 $
7'x 8.5' RCB Installed, including excavation, bedding,
LF backfill and pavement restoration $ 820.00 $
7' × 9.5' RCB Installed, including excavation, bedding, LF backfill and pavement restoration 870.00 $
8'x 11' RCB Installed, including excavation, bedding,
LF backfill and pavement restoration 1,000.00 | $
8' × 13 RCB Installed, including excavation, bedding,
LF backfill and pavement restoration 1,100.00. $
9'x 9 RCB Installed, including excavation, bedding,
LF backfill and pavement restoration $ 1,000.00 $
9'x x RCB Installed, including excavation, bedding,
LF backfill and pavement restoration 1,100.00 $
I'x 6' RCB Installed, including excavation, bedding
backfill and pavement restoration 680.00 $
EngCostEstimate Page 11 of 13 Effective Date: January 1, 2016 RESOLUTION NO 2015-078
EXHIBITC
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: TR 20172
LOCATION: Botany and Meridian St-S of Bickmore Ave, N of Pine Ave By: PROACTIVE ENGINEERING CONSULTANTS, INC.
DATE: 7/15/2020 (Final Submittal)
Quantity Unit Item Unit Total Cost
Price Per Item
STORM DRAIN
STORM DRAIN SUBTOTAL
PROJECT ADDITIVES Project Contingencies 10%
Construction Staking 3% S
Soils Testing 1%*
Material Testing 1%6
Construction Inspection 2%
Contract Administration 1% IS
•GRAND TOTAL STORM DRAIN ONLY
EngCostEstimate Page 12 of 13 Effective Date: January 1, 2016 RESOLUTION NO 2015-078
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
: PROJECT NO: TR 20172
LOCATION: Botany and Meridian St-S of Bickmore Ave, N of Pine Ave By: PROACTIVE ENGINEERING CONSULTANTS, INC.
DATE: 7/15/2020 (Final Submittal)
Quantity Unit Item Unit Total Cost
Price Per Item
ENGINEER'S ESTIMATE GRAND TOTAL :2,000,710.56
BY ENGINEER
Prepared By: CRAIG HAUSE
R.C.E. Number: C63620
Expiration: 9/30/2020
362
IVIL
CALFONI
Place R.C.E. Stamp Here
BY CITY
Faithful Performance Bond (100% of Construction Cost) 2,000,700.00 Labor & material Bond (50% of Construction Cost) 1,000,400.00 Warranty Bond (10% of Construction Cost) $ 200,100.00
EngCostEstimate Page 13 of 13 Effective Date: January 1, 2016
NL DSH X
MB IA MK X
GP
E-Mail Sent:
To: M. Staar
DEVELOPMENT ENGINEERING DIVISION CONDITIONS OF APPROVAL TRACT MAP NO's. 20169, 20170, 20171, 20172, 20270
DATE: 7/31/19 PC MEETING DATE: 8/5/19
PROJECT DESCRIPTION: MD Residential Development on 44.13 Gross Acres PROJECT LOCATION: N/o Pine, So Bickmore, W/o Rincon Meadows, and E/o Mayhew APPLICANT: Lewis Management Corp. PROJECT ENGINEER: _M. Khudadatov
PRIOR TO THE FOUR MAJOR DEVELOPMENT EVENTS, THE APPLICANT SHALL SATISFY AND FULFILL ALL CONDITIONS OUTLINED BELOW. FAILURE TO COMPLY WITH ANY CONDITIONS OF
APPROVAL SHALL BE DEEMED JUST CAUSE FOR REVOCATION OF PROJECT APPROVAL BY THE PLANNING COMMISSION. HOWEVER, THE DIRECTOR OF DEVELOPMENT SERVICES SHALL HAVE
THE AUTHORITY TO APPROVE MINOR DEVIATIONS IN THE CONDITIONS OF APPROVAL, AND ALL PLANS INCLUDING THE CONSTRUCTION DRAWINGS.
THIS PROJECT SHALL ALSO COMPLY WITH THE APPLICABLE DEVELOPMENT ENGINEERING CONDITIONS OF APPROVAL FOR TM 20161 (ATTACHED), SUBJECT TO PLANNING COMMISSION REVIEW & APPROVAL ON AUGUST 5, 2019.
1.0 PRIOR TO MAP RECORDATION:
1.1 Make the following dedications:
Street Name Distance Direction From C/L
Botany St ,5 301, 30' N, S
Meridian St2,5,6 30' , 30' N, S
A St3,4 30' , 30 WE
Crane Ave3,5 30' , 30" W, E
Tradewinds Ave3,5 30' , 30*
1. From existing Botany St terminus point to Tradewinds Ave.
2. From Meadowhouse Ave to Tradewinds Ave.
3. From Meridian St to Botany St.
4. Dedication is linked to TM 20170.
5. Dedication is linked to TM 20172.
Provide necessary utility easements with back-up information, to the satisfaction of the City Engineer.
1.3 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.
TRACT MAP NO's. 20169,
20170, 20171, 20172, 20270 2 7/31/19
Execute a Subdivision Agreement and submit security in an amount acceptable to the City engineer to guarantee construction of the public improvements listed in 2.3. All security must e accessible to the City at any time and in a form acceptable to the Director of Development Services, pursuant to Government Code, Section 66499.
1.5 Provide a Monumentation Bond in an amount specified in writing by a Registered Engineer or Licensed Land Surveyor of Record.
Submit a list of proposed street names for the interior streets to the Street Naming Committee for name(s) selection.
1.7 Comply with all applicable requirements of the City Code.
1.8 Pay all applicable fees pursuant to City Code including, but not limited to, plan check fees.
1.9 Comply with all requirements of The Preserve Specific Plan, including but not limited to those indicated in these conditions.
2.0 PRIOR TO ISSUANCE OF GRADING/CONSTRUCTION PERMITS FOR THE SUBDIVISION:
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 × 8 1/2-inch standard
2.2 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.
2.3 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
Meridian Botany "A" St Crane
St2,4 St1,4, Ave?
N NS WE WE
Curb & Gutter (Offset from Centerline) 18' 18' 18' 18° 18' 18° 18' 18' Sidewalk (Width) 5' 5' 5' 5' 5' 5 5' 5'
Asphalt Concrete Pavement on Aggregate Base
(Width from Centerline) Full Width Full Width Full Width Full Width
Asphalt Concrete Overlay
Street Lights X X X
Median Island and Landscaping
Parkway Landscaping X X X
Striping and Traffic Controls X X X
Traffic Signal Interconnect
Conduit System for CATV
Sewer X
TRACT MAP NO's. 20169,
20170, 20171, 20172, 20270 3 7/31/19
Storm Drain X X X X
Domestic Water X X X X
Recycled Water X X X
Fire Hydrants as required by CVIFD X X X
Other
Street Names
Tradewinds 24' Alley® 26'
Ave 3.4 Alley®
W E
Curb & Gutter (Offset from Centerline) 18' 18 12'(Both 13'(Both Sides) Sides)
Sidewalk (Width) 5' 5' n/a n/a
Asphalt Concrete Pavement on Aggregate Base
(Width from Centerline) Full Width Full Width Full Width Asphalt Concrete Overlay
Street Lights X
Median Island and Landscaping
Parkway Landscaping X
Striping and Traffic Controls X X X
Traffic Signal Interconnect
Conduit System for CATV
Sewer
Storm Drain x8
Domestic Water XIO X°
Recycled Water
Fire Hydrants as required by CVIFD X X
Other
From existing Botany St terminus point to Tradewinds Ave.
From Meadowhouse Ave to Tradewinds Ave.
3. From Meridian St to Botany St.
4. Construct knuckle conforming to City standards.
5. Join existing Botany St. terminus point.
6. No parking permitted.
7. The sewer mains & laterals located in the private alleys are private, but are to be built to City standards. The sewer mains located within the private drives are the responsibility of the HOA. The sewer laterals located within the private drives are the responsibility of the HOA and/or homeowner as outlined in the CC&R's.
8. The storm drain system located in the private alley is private, but is to be built to City standards. The storm drain laterals that are located within the private drives are the responsibility of the HOA as outlined in the CC&R's.
9. The water mains, laterals and meters located in the private alleys shall be public, and a PUE shall be established.
10. No water mains shall be permitted in 24' wide alleys.
2.4 Obtain design and plan approval from appropriate utility companies for undergrounding all utility lines adjoining and interior to the project, including power lines of 34.5 kV or less, in accordance with City Code, Chapter 13.32.
All projects developing one (1) acre or more of total land area, or which are part of a larger phased development that will disturb one acre of land, are required to obtain coverage under the State Water Resources Control Board's (SWRCB) General Permit for storm water discharges associated TRACT MAP NO's. 20169,
20170, 20171, 20172, 20270 + 7/31/19
with construction activity. Proof of filing a Notice of Intent (NOI) with the SWRCB for coverage under this permit is required. A copy of the Waste Discharger's Identification Number (WDID), issued by the SWRCB, must be submitted to the Project Engineer prior to issuance of grading permits. More detailed information regarding this General Permit, applicable fee information and the necessary forms to complete the NOI are available by calling (916) 341-5537 or on the SWRCB web site at http://www.swrcb.ca.gov/water_issues/programs/stormwater/constpermits.shtml.
2.6 Pursuant to Santa Ana Regional Water Quality Control Board Order Number R8-2010-0036, NPDES Permit No. CAS618036, prepare a project-specific Water Quality Management Plan (WQMP) and submit to the project engineer for review and approval. To address NPDES Permit requirements to the maximum extent practicable, the project shall be designed to specify preferential use of Low Impact Development Best Management Practices that reduce pollutants and runoff volume through structural measures (e.g. infiltration, harvesting, and bio- treatment) and non-structural measures (e.g. preserving natural areas, clustering development, and reducing impervious areas. The WQMP shall conform to the requirements of the San Bernardino County Stormwater Program, 2013 WQMP Technical Guidance Document.
2.7 Any future maintenance and repair of fire service and sewer laterals to the project site shall be the sole responsibility of the applicant/property owner in accordance with City Code, Chapter
13.04.175 and 13.12.150.
2.8 Convey ownership of all existing onsite water wells to the City and convert to monitoring wells as directed by the City's Water Utilities Supervisor. Prepare and record any necessary easements to provide the City with access to the monitoring wells. Any existing water wells that cannot be feasibly converted to monitoring wells shall be destroyed per City Standard No. 465.
2.9 City staff shall determine the type of water (potable or recycled) to be used for grading operations, dust control activities, and common area/public landscape irrigation at the time of permit issuance.
2.10 All public street corners shall have a minimum curb radii per City Code, Chapter 19.06 and City Standards and Specifications.
2.11 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.
2.12 Submit to the City electronic files, in Adobe Acrobat PDF format, of all submittals, including reports, studies, improvement plans and City redlines of previous submittals.
2.13 The developer is responsible to contract with the City's designated traffic signal maintenance company for ongoing maintenance of traffic signals until such time the improvements are accepted by the City.
2.14 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).
3.0 PRIOR TO ISSUANCE OF BUILDING PERMITS FOR ANY LOT WITHIN THE SUBDIVISION:
3.1 Record Tract Map No's. 20169, 20170, 20171, 20172, 20270 pursuant to the Subdivision Map Act and in accordance with City Code. Provide a duplicate photo mylar of the recorded map to the City Engineer's office.
3.2 Provide a certificate, from a Registered Civil Engineer, certifying that the finished grading has been completed in accordance with the City approved grading plan.
TRACT MAP NO's. 20169,
20170, 20171, 20172, 20270 5 7/31/19
3.3 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.
3.4 Developers constructing Public Improvements included in the Development Impact Fees Nexus and Calculation Report and correlating Master Facilities Plan are subject to the provisions set forth in the Bidding and Contract Requirements for Public Improvements Policy (Resolution 2019-043).
The Policy was adopted in conjunction with the comprehensive update to the Chino Municipal Code Chapters 3.40 and 3.45 entitled Development Impact Fees of which, Sections 3.40.130(B) and
3.45.130(B) of these Chapters establish the requirements set forth in the Policy and also the requirements for reimbursement/credits against Development Impact Fees. Please visit the City's website to obtain copies the updated Ordinances 2019-007 and 2019-009 and Policy.
4.0 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 & 3.0 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 PMMC before transfer of property title and completion and acceptance of all public improvements.
4.4 The applicant's Civil Engineer shall field verify that all BMPs are designed, constructed, and functional in accordance with the approved WQMP. BMPs shall also be inspected by Public Works Environmental staff. Coordinate inspection with staff and submit a completed City of Chino BMP field verification form for review and approval.
4.5 Slurry seal along all streets impacted by the development as directed by City staff. Install signing and striping per approved plans.
4.6 Submit to the City, electronic files of Tract/Parcel Map and "as-built" improvement plans in AUTOCAD format and Adobe Acrobat PDF format. AUTOCAD files shall be submitted as an archived zip file of the CAD drawings with all base files attached.
Attachment
CITY OF CHINO
DEVELOPMENT SERVICES DEPARTMENT
DEVELOPMENT ENGINEERING DIVISION
ITEMS REQUIRED FOR FIRST PLAN CHECK SUBMITTAL
TRACT MAP NO. 20169, 20170, 20171, 20172. 20270
PROJECTENGINEER: _M. Khudadatov
DATE: 7/15/19
A COPY OF THIS CHECK LIST MUST BE SUBMITTED WITH THE FIRST PLAN CHECK 1 Copy of Development Engineering Division Conditions of Approval with approved TTM 2 Sets of Maps (Subdivision Only)
2 Copies of preliminary Title Report (no older than sixty days) with support documents (Subdivision Only)
2 Copies of Closure Calculations (Subdivision Only)
1 Set of Referenced Maps (Subdivision Only)
2 Copies of Preliminary Soils Report (no older than sixty days) • 2 Copies of lot line adjustment certificate
2 Copies of lot merger
• 2 Copies of right-of-way dedication
4 Sets of Rough Grading Plans
5 Sets of Precise Grading Plans
Sets of Storm Drain Plans
• Backbone/In-tract Storm Drain Plans
• 2 Copies of Hydrology and Hydraulic Calculations with Backup Data (Signed and Sealed by a Registered Civil Engineer)
Copies of Engineering Cost Estimate (On City Forms) with Engineer's Wet Signature and Stamp 3 Sets of Street Improvements Plans
• Backbone/In-tract Street Imp. 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
Backbone/In-tract Sewer Imp. Plans
3 Sets of Domestic Water Plans
• Backbone/In-tract Water Imp. Plans
X 2 Sets of Recycled Water Plans
Backbone/In-tract Recycled Water Imp. Plans
2 Sets of Street Light Plans
• Backbone/In-tract Street Light Plans
2 Copies of Voltage Drop Calculations (Signed and Sealed by a Registered Engineer) Rev. 11/19/18 MB
Х 2 Sets of Signing and Striping Plans
Backbone/In-tract $ & S Plans
Sets of Traffic Signal Interconnect Plans
Pine Ave IC Plan
2 Sets of Traffic Signal Plans
Water Quality Management Plan
X Submit Accessible Route Plan approved by City Accessibility Coordinator EXHIBIT "C"
TRACT NO. 20172
PULTE HOME COMPANY, 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 01225.0006/366470.1 C-1
--..
equired 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: 10/9/20
PULTE HOME COMPANY, LLC
Lon - hon
By:
*Proof of authorization for Subdivider's signatures is required to be submitted concurrently with this environmental warranty.
01225.0006/366470.1 C-2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of Orange )
On October 19, 2020 before me, Cresida Diaz, Notary Public Date Here Insert Name and Title of the Officer
personally appeared Darren Warren
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person(e) whose name(e) is/ere subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacityfiee), and that by his/her/their signaturefey on the instrument the person(e), or the entity upon behalf of which the personte 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.
CRESIDA DIAZ Signature Cecise A.
Notary Public - California Signature of Notary Public
Orange County
Commission # 2232345
My Comm, Expires Feb 25, 2022
Place Notary Seal Above
— OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Exhibit "C" _ Document Date: October 19. 2020 Number of Pages: Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Darren Warren Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - D Limited • General • Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee O Guardian or Conservator • Trustee • Guardian or Conservator • Other: Vice President, Land • Other:
Signer Is Representing: Pulte / Centex Homes Signer Is Representing: . ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Bond No.: 59BSBIJ6818
Contract No.: 2021-198
Approved: 12/15/20 #10
FAITHFUL PERFORMANCE BOND
Tract Map No. 20172
WHEREAS, the City Council of the City of Chino, State of California, hereinafter designated as "CITY" and Project No. T 201, which said agreement, dated Dereber 15202 al and identified as 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 Hartford Fire Insurance Company as surety, are held and firmly bound unto the City of Chino in the penal sum of lawful money of the United Two Million Seven Hundred Dollars ($2,000,700.00 States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally, firmly by these presents The condition of this obligation is such that if the above-bound Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and provisions in said agreement and any alteration thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees including reasonable attorneys' fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the agreement or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named, on October 16th, 2020
Pulte Home Company, LLC,
a Michigan limited liability company Hartford Fire Insurance Company
PRINCIPAL SURETY
seatlached
By:
D. Bryce Langen, VP & Treasurer By: Jerenty Polik, Attorney-i-Fact
SIGNATURES MUST BE NOTARIZED
Rev. 04/2019) Page 1 of1
Hoth day of October
executed this _, 2020.
Pulte Home Company, LLC
a Michigan limited liability company
PRINCIPAL
Sun -
BY: D. Bryce Langen, VP & Treasurer
Notary Attached
ACKNOWLEDGEMENT
State of Arizona
County of Maricopa
on 10/14/2020 before me personally appeared Jeremy Polk whose identity was proven to me on the basis of satisfactory evidence to be the person who he or she claims to be, and acknowledged that he or she signed the attached document.
UAL
(Seal)
Notary Public State of Arizona Notary Signature
Maricopa County
My Commission Expires 03/09/2022 Matthew Stanton Erra
Commission Number 203332568 Matthew Stanton Erra
Commission Expires March 9th, 2022
ACKNOWLEDGEMENT BY PRINCIPAL
STATE OF GEORGIA)
) ss.
COUNTY OF FULTON)
This record was acknowledged before me on October 16, 2020, appeared D. Bryce Langen, VP & Treasurer of Pulte Home Company, LLC, a Michigan limited liability company, provided to me on the basis of satisfactory evidence to be the person who appeared before me and is personally known to me.
WITNESS my hand official seal.
SHIRLEY E HUTCHIN
otary Public State of Georg
My Cornison Eries ear 18, 2022
Signature of Notary Public
Shirley E. Hutchins
Notary Public State of Georgia
My Commission Expires: March 18, 2022
Direct Inquiries/Claims to:
THE HARTFORD
BOND, T-12
POWER OF ATTORNEY Hartford, Carted Pla: 06155
[email protected]
call: 888-266-3488 or fax: 860-767-583:
KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: USI INSURANCE SVOS NATIONAL INC Agency Code: 59-300168
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, (hereinaffer collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of Unlimited :
Matthew Erra, Jeremy Polk of PHOENIX, Arizona
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 2, 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 6, 2015 the Companies have caused these presents to be signed by its Senior 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. 1979
John Gray, Assistant Secretary M. Ross Fisher, Senior Vice President
STATE OF CONNECTICUT
Hartford
COUNTY OF HARTFORD
On this 5th day of January, 2018, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Senior Vice President of the Companies, the corporations described in and which executed the above instrument; that 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 he signed his name thereto by like authority.
tacklenT. Haynaid
Kathleen T. Maynard
Notary Public
CERTIFICATE My Commission Expires July 31, 2021
1, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of October 16th, 2020 Signed and sealed at the City of Hartford
Kevin Heckman, Assistant Vice President
РОЛ 2018
Bond No.: 59BSBIJ6818
Contract No.: 2021-198
Approved: 12/15/20 # 10
LABOR AND MATERIAL BOND
Tract Map No. 20172
WHEREAS, the City Council of the City of Chino, State of California, hereinafter designated as "CITY" and Pulte Home Company, LLC, a Michigan limited liability company "PRINCIPAL," have entered into an agreement whereby Principal agrees to install and complete certain designated Proic No. 201, which said agreement, dated Peter er 15, 202d a part hereof and and identified Project No. TM 20172
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 Four Hundred Dollars ($1,000,400.00)
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 rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition.
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named, on October 16th, 2020
Pulte Home Company, LLC,
a Michigan limited liability company Hartford Fire Insurance Company
PRINCIPAL SURETY
By: du atlached By:
D. Bryce Langen, VP & Treasurer Jeremy Polk, Afforney-in Fact
SIGNATURE(S) MUST BE NOTARIZED
Rev. 04/2019) Page 1 of 1
lloth day of. October
executed this - 2020.
Pulte Home Company, LLC
a Michigan limited labillty company
PRINCIPAL
-
BY: D. Bryce Langen, VP & Treasurer
Notary Attached
ACKNOWLEDGEMENT BY PRINCIPAL
STATE OF GEORGIA)
) sS.
COUNTY OF FULTON)
This record was acknowledged before me on October 16, 2020, appeared D. Bryce Langen, VP & Treasurer of Pulte Home Company, LLC, a Michigan limited liability company, provided to me on the basis of satisfactory evidence to be the person who appeared before me and is personally known to me.
WITNESS my hand official seal.
My Commission Expires Mar 18, 2022
Hile Ebothens
Signature of Notary Public
Shirley E. Hutchins
Notary Public State of Georgia
My Commission Expires: March 18, 2022
ACKNOWLEDGEMENT
State of Arizona
County of Maricopa
on 10/16/2020 _before me personally appeared Jeremy Polk whose identity was proven to me on the basis of satisfactory evidence to be the person who he or she claims to be, and acknowledged that he or she signed the attached document.
(Seal)
Notary Public State of Arizona
Maricopa County
Matthew Stanton Erra Notary Signature
My Commission Expires 03/09/2022
Commission Number 203332566
Matthew Stanton Erra
Commission Expires March 9th, 2022
Direct Inquiries/Claims to:
THE HARTFORD
BOND, T-12
POWER OF ATTORNEY One Hartford Plaz
Hartford, Connecticut 0616:
[email protected]
call: 888-266-3488 or fax: 860-757-5835
KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: USI INSURANCE SVCS NATIONAL INC Agency Code: 59-300168
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:
Matthew Erra, Jeremy Polk of PHOENIX, Arizona
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 X, 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 6, 2015 the Companies have caused these presents to be signed by its Senior 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. peth
John Gray, Assistant Secretary M. Ross Fisher, Senior Vice President
STATE OF CONNECTICUT
SS. Hartford
COUNTY OF HARTFORD
On this 5th day of January, 2018, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose anc sav: that he resides in the County of Hartford, State of Connecticut; that he is the Senior Vice President of the Companies, the corporations described in and which executed the above instrument; that 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 he signed his name thereto by like authority.
KactlenT. Maynard
Kathleen T. Maynard
Notary Public
CERTIFICATE My Commission Expires July 31, 2021
I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of October 16th, 2020 Signed and sealed at the City of Hartford
1979
Kevin Heckman, Assistant Vice President
POA 2018
Bond No.: 59BSBIJ6818M
Contract No.: 2021-198
Approved: 12|15|20 # 10
WARRANTY BOND
Tract Map No. 20172
WHEREAS, the City Council of the City of Chino, State of California, hereinafter designated as "CITY" and Pulte Home Company, LLC, a Michigan limited liability company, 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 _ and identified as Project No. TM 20172
referred to and made a part hereof; and
WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the warranty of said improvements.
NOW, THEREFORE, we, the Principal, and Hartford Fire Insurance Company _, as surety, are held and firmly bound unto the City of Chino in the penal sum of Two Hundred Thousand One Hundred Dollars ($200,100.00 _ 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 tr IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named, on October 16th, 2020
Pulte Home Company, LLC,
a Michigan limited liability company Hartford Fire Insurance Company
PRINCIPAL SURETY
By: sul attached By:
D. Bryce Langen, VP & Treasurer Jeremy Polk, Attorney in-Fact
SIGNATURE(S) MUST BE NOTARIZED
Rev. 0412019) Page 1 of1
executed this lloth _day of October , 2020.
Puite Home Company, LLC
a Michigan limited lability company!
PRINCIPAL
BY: D. Bryce Langen, VP & Treasurer
Notary Attached
ACKNOWLEDGEMENT BY PRINCIPAL
STATE OF GEORGIA)
) SS.
COUNTY OF FULTON)
This record was acknowledged before me on October 16, 2020, appeared D. Bryce Langen, VP & Treasurer of Pulte Home Company, LLC, a Michigan limited liability company, provided to me on the basis of satisfactory evidence to be the person who appeared before me and is personally known to me.
WITNESS my hand official seal.
SHIRLEY E HUTCHINS
Notary Public . State of Georgia
Fulton County
My Commission Expires Mar 18, 2022
Signature of Notary Public
Shirley E. Hutchins
Notary Public State of Georgia
My Commission Expires: March 18, 2022
ACKNOWLEDGEMENT
State of Arizona
County of Maricopa
on 10/16/2020 before me personally appeared Jeremy Polk whose identity was proven to me on the basis of satisfactory evidence to be the person who he or she claims to be, and acknowledged that he or she signed the attached document.
(Seal)
nar
Notary Public State of Arizona Notary Signature
Maricopa County
Matthew Stanton Erra My Commission Expires 03/09/2022
Commission Number 203332566 Matthew Stanton Erra
Commission Expires March gth, 2022
Direct Inquiries/Claims to:
THE HARTFORD
BOND, T-12
POWER OF ATTORNEY One Hartford Plaza
Hartford, Connecticut 06155
[email protected]
call: 888-266-3488 or fax: 860-757-583€
KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: USI INSURANCE SVCS NATIONAL INC Agency Code: 59-300168
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, (herein fter collectively referred to as the "Companies) do hereby make, constitute and appoint, up to the amount of Unlimited :
Matthew Erra, Jeremy Polk of PHOENIX, Arizona
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 X, 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 6, 2015 the Companies have caused these presents to be signed by its Senior 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 the Org
John Gray, Assistant Secretary M. Ross Fisher, Senior Vice President
STATE OF CONNECTICUT
SS. Hartford
COUNTY OF HARTFORD
On this 5th day of January, 2018, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut. that he is the Senior Vice President of the Companies, the corporations described in and which executed the above instrument; that 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 he signed his name thereto by like authority.
Kacklent. Hayard
Kathleen T. Maynard
Notary Public
CERTIFICATE My Commission Expires July 31, 2021
1, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of October 16th, 2020 Signed and sealed at the City of Hartford.
{079
thir
Kevín Heckman, Assistant Vice President
POA 2018
ASSISTANT SECRETARY'S CERTIFICATE
August 6, 2018
The undersigned, being the duly elected and qualified Assistant Secretary of Pulte Home Company, LL.C, a Michigan limited liability company (the "Company") formerly known as Pulte Home Corporation until December 31, 2016, does hereby certify that she has access to the records of the Company, and that as of the date hereof:
1. Exhibit A to this Certificate is a true, accurate, and current copy of the Pulte Home Company, LLC, Signing Power Resolutions, as adopted by the Board of Managers of the Company on January 1, 2017; and,
2. Exhibit B to this Certificate is a true, accurate, and current copy of the Delegation of Authority, as executed in accordance with Exhibit A, by Derek C. Wiles on behalf of Kristine Bogle; and,
3. The following is a list of certain persons who are authorized employees of the Company in the Southern California Division of the West Area, currently holding the positions in the Company set orth next to each person's name, and to whom signature authority is granted as defined in Exhibit A Name Title
John Chadwick West Area President
Derek C. Wiles West Area Vice President of Finance
Christopher Edgar Division President
Peter Hilton Division Vice President of Finance
Darren Warren Division Vice President of Land Acquisition and Development Norman Brown Division Vice President of Sales
John Drew Division Vice President of Construction Operations Robert Paradise Division Director of Land Planning and Entitlement Sohail Bokhari Division Director of Land Planning and Entitlement John Bebek III Division Director of Land Acquisition
Christopher Brown Division General Sales Manager
Francine Wallace Division General Sales Manager
Luanne Whittaker Division Director of Procurement
Pamela Berg Division Closing Coordinator
Nicole Fetzer Division Closing Coordinator
Kristine Bogle Division Manager of Settlement Operations acting as Authorized Representative for Closing/Homebuyer Coordinator
IN WITNESS WHEREOF, the undersigned has executed this Certificate as of the date first written above. slylarie l1. Conlon
KellyMarie M. Conton
Assistant Secretary
EXHIBIT A
PULTE HOME COMPANY, LLC
SIGNING POWER RESOLUTIONS
A. DEFINITIONS.
As used in these resolutions:
"signing power" means the power and authority to execute and deliver an agreement, instrument or other document.
"Division Specific Signing Power" means signing power relating only to the ordinary course of business of a Division over which the officer, manager, or employee in question has management responsibility, both in the Company's own capacity and as managing partner or managing member of the B. PURPOSE.
The purpose of these resolutions is to establish the signing power of certain employees of the Company, both in the Company's own capacity and as managing partner or managing member of the Partnership. Copies of these resolutions may be delivered to title companies and other parties who require evidence of the signing power of an employee. No employee of the Company may subdelegate his or her signing power except as expressly provided in these resolutions by use of the words: "Other title(s) or person(s) designated in writing by ...".
C. RESOLUTIONS.
RESOLVED, that the following officers, managers, or employees of the Company shall have the General Signing Power or the Division Specific Signing Power, as indicated in the charts below:
EXHIBIT A
Development of Real Property
1. General Development. Applications, tentative and final subdivision plats and maps, levelopment agreements, land development agreements, amenity contractor agreement and all other documents that are relevant or incident to the development of real propert in which the Company or the Partnership has any interest, other than documents General Signing Power Division Specific
Signing Power
Chairman of the Board Area President
Chief Executive Officer Area VP Finance
President Area VP Land
Executive Vice President Division President
Senior Vice President Division VP/Director Finance
Vice President Division VP/Director of Land
Development/Acquisition
House Construction Agreements. Contractor agreements, construction agreements, ontracts, purchase orders, pricing schedules, scopes of work and all other document hat are relevant or incident to the construction of residential homes and amenities theret in which the Company or the Partnership has any interest, other than documents General Signing Power Division Specific
Signing Power
Chairman of the Board Area President
Chief Executive Officer Area VP Finance
President Area VP Construction Operations
Executive Vice President Area Purchasing Director
Senior Vice President Division President
Vice President Division VP/Director Finance
Division VP/Director of
Construction Operations
Division Purchasing
Director/Manager
EXHIBIT A
Storm Water Management
II. Notices of intent, notices of termination, storm water pollution prevention plans, reports, certifications or other documentation that is relevant or incident to storm water management and erosion control in the development of real property and/or construction of homes in which the Company or the Partnership has any interest.
General Signing Power Division Specific
Signing Power
Chairman of the Board Area President
Chief Executive Officer Area VP Finance
President Area VP Land
Executive Vice President Division President
Senior Vice President Division VP/Director Finance
Vice President Division VP/Director of Land
Development/Acquisition
Division Storm Water Compliance
Representative
Sale and Closing of Residential Homes or Lots
III. Contracts for the sale of residential homes or lots to consumers (not to another business).
General Signing Power Division Specific
Signing Power
Chairman of the Board Area President
Chief Executive Officer Area VP Finance
President Division President
Executive Vice President Division VP/Director Finance
Senior Vice President Division Controller
Vice President Division VP of Sales
General Sales Manager
Closing/Homebuyer Coordinator
Any of the following employees of
either Pulte Mortgage LÉC: Vice
President, Branch Manager and
Assistant Secretary
EXHIBIT A
Any of the following employees of
either Sun City Title Agency, Inc.
or PGP Title, Inc. or PGP Title of
Florida, Inc.: Vice President,
Escrow Manager, Escrow
upervisor, Director-Closin
ervices, and Title Office
Other title(s) or person(s)
designated in writing by either the
Area President or Area VP Finance
IV. Deeds of conveyance and all other documents that are relevant or incident to the sale and losing of residential homes or lots to consumers (not to another business), including an nortgage-related documents, such as buydown agreements or other relevant documents General Signing Power Division Specific
Signing Power
Chairman of the Board Area President
Chief Executive Officer Area VP Finance
President Division President
Executive Vice President Division VP/Director Finance
Senior Vice President Division Controller
Vice President Division VP of Sales
General Sales Manager
Closing/Homebuyer Coordinator
Any of the following employees of
either Pulte Mortgage LLC: Vice
President and Branch Manager
Any of the following employees of
either Sun City Title Agency, Inc.
Escrow Manager, Escrow
Supervisor, Director-Closing
Services, and Title Officer
Other title(s) or person(s)
designated in writing by either the
Area President or Area VP Finance
EXHIBIT A
Closing of the Purchase and Sale of Real Property
V. Contracts, deeds and all other closing documents for the purchase or sale of real property (other than the sale and closing of residential homes or lots to consumers).
General Signing Power Division Specific
Signing Power
Chairman of the Board Area President
Chief Executive Officer Area VP Finance
President Area VP Land
Executive Vice President Division President
Senior Vice President Division VP/Director of Finance
and General Counsel
Other title(s) or Division VP of Land
person(s) designated in Development/Acquisition
writing by resolution(s)
of the Board of Directors
Real Property Financing and Land Banking Transactions
VI. Documents related to any of the following real property financings and land banking transactions:
a. Traditional Financing. Loan agreements, security agreements, promissory notes, deeds of trust and all other documents that are relevant or incident to the financing of the purchase and/or development of real property.
b. Special Taxing District Financing. Loan agreements, security agreements, promissory notes, deeds of trust and all other documents under which the Company or the Partnership is a party that are relevant or incident to a Special Taxing District Financing (defined below), other than documents contemplated in Guarantees and Environmental Indemnities.
"Special Taxing District Financing" means a financing through the issuance of bonds by a community development district, community facilities district, municipal utility district, county or municipal improvement district, tax incremental district or other similar special purpose unit of local government.
C. Guarantees and Environmental Indemnities. Guarantees of payment or performance of the obligations of another entity (whether in the form of a payment guaranty, indemnity ndemnities in connection with development financing r other document), maintenance or remargining guarantees and environmenta
EXHIBIT A
d. Land Banking Transactions. Assignments of contracts to purchase real property, options to purchase real property, development agreements and other documents evidencing arrangements with an intermediary, such as a land banker, to purchase or develop real property.
General Signing Power Division Specific
Signing Power
Chief Financial Officer of
the publicly traded ultimate
parent
Treasurer of the publicly
traded ultimate parent
Licenses
VIl. Documents necessary to obtain licenses and department of real estate public reports or similar documents in California and other states (such as, without limitation, Arizona and Nevada).
General Signing Power Division Specific
Signing Power
Chairman of the Board Area President
Chief Executive Officer Area VP Finance
President Area VP Land
Executive Vice President Division President
Senior Vice President Division VP/Director of Finance
Vice President Division VP/Director Sales
Division VP of Construction
Operations
Area VP/Division VP/Director Land
Acquisition/Development
EXHIBIT A
CC&Rs
VIII. Restrictive covenants, conditions, restrictions, easements and other similar rights or restrictions, commonly known as CC&Rs, affecting real property or improvements on real property, and documents relating to CC&Rs, such as the organizational documents for the related homeowners' or property owners' association.
General Signing Power Division Specific
Signing Power
Chairman of the Board Area President
Chief Executive Officer Area VP Finance
President Area VP Land
Executive Vice President Division President
Senior Vice President Division VP/Director
Finance
Vice President Division VP/Director Land
Acquisition/Development
RESOLVED FURTHER, that any Signing Power Resolutions or Powers of Attorney and Grants of Agency previously issued or adopted by the Company are hereby terminated, revoked and superseded in their entirety by these resolutions.
Effective as of January 1, 2017.
* * * * *
EXHIBIT B
DELEGATION OF AUTHORITY
BY AREA VICE PRESIDENT
OF
PULTE HOME COMPANY, LLC
Section C III & IV of the resolution adopted by Pulte Home Company, LLC. (the "Company") s of January 1, 2017, and attached hereto as Exhibit A (the "Authorizing Resolutions") rovides that the Area President or the Area Vice President of the Company may designate i writing a person to execute contracts for the sale of residential homes or lots to consumers and deeds of conveyance and all other documents that are relevant or incident to the sale and closing of residential homes or lots to consumers, including any mortgage related documents, such as buydown agreements or other relevant documents.
1, Derek C. Wiles, in my capacity as the West Area Vice President of Finance of the Company, hereby designate Kristine Bogle, Manager of Settlement Operations of the Southern California Division, to act in the capacity of a Closing/Homebuyer Coordinator so as to execute any contracts for the sale of residential homes or lots or consumers and any deeds of conveyance and all other documents that are relevant or incident to the sale and closing of residential homes or lots to consumers, including any mortgage related documents, such as buydown agreements or other relevant documents on behalf of the Southern California Division of the Company. This designation Shall be effective as of October 13, 2017, and shall terminate the earlier of (1) when said employee is no longer employed by the Southern California Division, or (2) when such designation is revoked in writing by the Area President or Area Vice President of the Company.
Date: October 13, 2017
Derik C. Vices, Nes Area vic Presido of France