PUBLIC IMPROVEMENT AGREEMENT
by and between
CITY OF CHINO
and
TANG AND SUNG INVESTMENT LLC
01225.0006/367559 3 Updated 10-2020
Designees for the Service of Written Notice:
CITY: DEVELOPER:
Jesus Plasencia Tang and Sung Investments LLC
Assistant City Engineer Cindy Tang
Owner
13220 Central Avenue
Chino, CA 91710 13625 Yorba Avenue
Chino, CA 91710
(909) 334-3417
[email protected] (909) 536-1886
CITY PROJECT INSPECTOR SURETY
Isaac Ortega American Contractors Indemnity
Permit & Inspection Supervisor Company
13220 Central Avenue
Chino, CA 91710
(909) 334-3501
[email protected]
01225.0006/367559.3
5. Cost of Construction and Provision of Inspection Service
5.1 Developer Responsible for All Related Costs of Construction
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 Developer
8.2 Remedies
8.3 Remedies Not Exclusive
8.4 Attorney's Fees and Costs
8.5 Waiver
9. Indemnity/Hold Harmless
10. Developer'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 Developer 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
01225.0006/367559.3
Project and the Property. The Conditions associated with the Map are included in Exhibit "B" attached hereto.
1.3. Intent of Plans. The intent of the Plans referenced in Section 1.1 is to prescribe a complete work of improvement which Developer shall perform or cause to be performed in a manner acceptable to the City Engineer, (or designee), and in full compliance with all codes and the terms of this Agreement. Developer shall complete a functional or operable improvement or facility, even though the Plans may not specifically call out all items of work required for Developer'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, Developer 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.
Developer recognizes that the Plans consist of general drawings. All authorized alterations affecting the requirements and information given on the Plans shall be in writing and approved by the City Engineer. The Plans shall be supplemented by such working or shop drawings as are necessary to adequately control the work. Without the City Engineer's prior written approval, no change shall be made by Developer 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, Developer shall place survey monuments in accordance with the provisions of the State Subdivision Map Act, the Subdivision Ordinance of the City of Chino, and any other applicable law. Developer shall provide security for such obligation as provided in Section 4.1 (a)iii) and, after setting the monuments, Developer 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. Developer shall furnish or cause to be furnished all materials, labor, tools, equipment, utilities, transportation, and incidentals required to perform Developer's obligations under this Agreement.
1.6. Changes in the Work. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Paragraph 4, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer as determined necessary to accomplish the purposes of this Agreement and to protect the public health, safety, or welfare. The City Engineer shall notify Developer 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 Developer or its contractor shall be binding on City unless approved in writing by the City Engineer. The City and Developer may mutually agree upon changes to the Works of Improvement, subject to the security requirements in Section 4.
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2 1.13. Suspension of Work. The City Engineer shall have authority to order suspension of the work for failure of the Developer's contractor to comply with law pursuant to Section
1.12. In case of suspension of work for any cause whatsoever, Developer 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 Developer's contractor has completed all of the Works of Improvement, Developer 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 Developer or its contractor of such items. After the Developer's contractor has completed these items, the procedure shall then be the same as specified above for the Developer'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 Developer 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. Developer 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. Developer's Obligation to Warn Public During Construction. Until recordation of the Notice of Acceptance, Developer shall give good and adequate warning to the public of any dangerous condition of the Works of Improvements and shall take reasonable actions to 01225.0006/367559.3
4 Occupancy may be withheld from the Developer by the City, if, upon a determination by the City Engineer, completion of specific Works of Improvements or other requirements associated with the development of the Property have not been completed to the City Engineer's satisfaction.
2.3. Force Majeure. Notwithstanding the provisions of Section 2.1, Developer'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 Developer, 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 Developer or its contractor detailing the grounds for Developer's claim to a right to extend its time for performance hereunder. The City Engineer shall evaluate all claims to Force Majeure and make a reasonable determination regarding the length of any extension of time for commencement and/or completion of the Works of Improvement and the City Engineer's decision shall be final.
2.4. Continuous Work. After commencement of construction of the Works of Improvement (or separate portion thereof), Developer 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.
3. Labor.
3.1. Labor Standards. This Agreement is subject to, and Developer 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. Developer 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., Developer agrees that Developer, 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. Developer shall expressly require compliance with the provisions of this Section in all agreements with contractors and subcontractors for the performance of this Agreement.
3.3. Licensed Contractors. Developer 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 Developer's contractors and subcontractors shall 01225.0006/367559,3
6 (a) Bonds. For Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California. Any insurance company acting as surety shall have a minimum rating of A-IX, as rated by the current edition of Best's Key Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858. Any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard & Poor's.
(b) Letters of Credit. For Security Instruments which are letters of credit, any letter of credit shall be an original separate unconditional, irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the City Engineer of the City that Developer is in default under its payment or performance obligations hereunder or in the event Developer 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 Developer's interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. (d) General Requirements for all Security Instruments.
(i) Payments under any Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the City of Chino, State of California and the Security Instrument shall so provide).
(ii) Each Security Instrument shall have a minimum term of one (1) year after the deadline for Developer'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. (iv) If the Developer 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 Developer to the City Engineer; and (3) upon its written acceptance by the City Engineer, be deemed a part of this Agreement. Upon the City 01225.0006/367559.3
8 (iii) Developer 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, Developer has provided a statutory bond, or otherwise as required by applicable law.
(b) City shall release the Maintenance and Warranty Security Instrument upon Developer's written request upon the expiration of the warranty period, and settlement of any claims filed during the warranty period. (c) The City may retain from any security released, an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorney's fees.
5. Cost of Construction and Provision of Inspection Service.
5.1. Developer Responsible for All Costs of Construction. Developer shall be responsible for payment of all costs incurred for construction and installation of the Works of Improvement. In the event Developer 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 Developer and City prior to construction of the Works of Improvement.
5.2. Payment to City for Cost of Related Inspection and Engineering Services.
Developer 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, Developer 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 Developer 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. Developer shall pay Development Impact Fees pursuant to and in accordance with Chino Municipal Code Chapter 3.40 and Chapter
3.45, as applicable.
6. Acceptance of Offers of Dedication. The City Council shall pass as appropriate resolution or resolutions accepting all offers of dedication shown on the approvals for the Project, with acceptance to become effective upon completion and acceptance by City of the Works of Improvement.
01225.0006/367559.3
10 City to perform the obligation for which Developer 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 Developer. In such event, City, without liability for doing so, may complete the Works of Improvement using any of Developer'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 Developer hereunder, the Developer agrees that the choice of remedy or remedies for Developer'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 Developer fails to perform any obligation under this Agreement, Developer 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 Developer'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 Developer 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 Developer.
9. Indemnity/Hold Harmless. City or any officer, employee or agent thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of Developer, its agents, employees, contractors and subcontractors in the performance of this Agreement. Developer 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 Developer, 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 Project, and the public improvements as provided herein, and in addition, 01225.0006/367559.3
12 (i) Premises operations; including X, C, and U coverage; (ii) Owners' and contractors' protection;
(iii) Blanket contractual;
(iv) Completed operations; and
(v) Products.
(b) Commercial Business Auto policy with a minimum $1 million combined single limit for bodily injury and property damage, providing all of the following minimum coverage without deductibles:
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 Developer:
(i) This policy shall provide coverage for Workers' Compensation (Coverage A); and
(i) This policy shall provide coverage for $1,000,000 Employers' Liability (Coverage B).
(ii) Pursuant to Labor Code section 1861, Developer by executing this Agreement certifies: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions of that Code, and / will comply with such provisions before commencing the performance of the work of this contract."
(iii) Prior to commencement of work, the Developer 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:
01225.0006/367559.3
14 state or local governmental authority under or in connection with the environmental laws relating to the property to be dedicated.
Neither Developer nor any other person with Developer's permission to be upon the property to be dedicated shall use, generate, manufacture, produce, or release, on, under, or about the property to be dedicated, any Hazardous Substance except in compliance with all applicable environmental laws. For the purposes of this Agreement, the term "Hazardous Substances" shall mean any substance or material which is capable of posing a risk of injury to health, safety or property, including all those materials and substances designated as hazardous or toxic by any federal, state or local law, ordinance, rule, regulation 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) Developer has not caused or permitted the release of, and has no knowledge of the release or presence of, any Hazardous Substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. (d) Developer'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. Developer 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) Developer'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 Developer's right, title, and interest in and to the Property and any portion 01225.0006/367559.3
16 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 Developers for the apportionment of costs of water and sewer mains, or other improvements pursuant to the provisions of the City ordinances providing therefore. Nor shall anything in the Agreement commit City to any such apportionment.
13.8. Severability. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.
13.9. Captions. The captions of this Agreement are for convenience and reference only and shall not be used in the interpretation of any provision of this Agreement.
13.10. Incorporation of Recitals. The recitals to this Agreement are hereby incorporated into the terms of this Agreement.
13.11. Interpretation. This Agreement shall be interpreted in accordance with the laws of the State of California.
13.12. Entire Agreement; Waivers and Amendments. This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to all or part of the subject matter hereof, except as may be expressly provided herein. All waivers of the provisions of this Agreement must be in writing and signed by an authorized representative of the party to be charged, and all amendments hereto must be in writing and signed by the
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]
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18 DocuSign Envelope ID: 28E1F631-0B37-4F17-B0E0-9C5CB4F96703 IN WITNESS WHEREOF, the City and the Developer have caused this Agreement to be executed the day and year first above written.
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
- DocuSigned by: -
Fred Galante
Fred Galante, City Attorney S. Ligadri, AICP
Development Services Director
TANG AND SUNG INVESTMENT LLC
7/19/22
(Signatuke/and Date)
Name: Cinay Tang Kuempel, aka Cindy lang
(Please type or print name)
Title: Member
(Please type or print title)
Dated: 912-22
ATTEST:
Cellos
Angela Rgbles, City Clerk
Dated: 9.12.2022
01225.0006/367559.3
19 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 Motorce
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of san Bernarding ,
on July 19, 2072 before me, samantna Michelle leyland, notary public Here Insert Name and Title of the Officer
personally appeared Cindy Tang_ kuemper
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/are subsgribed to the within instrument and acknowledged to me that he shethey executed the same in his her their authorized capacity(les), and that by his her their signature(s) on the instrument the person(s). or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
SAMANTHA MICHELLE LEYLAND
COMM. #2395529 Signature
Notary Public - California
SAN BERNARDINO COUNTY Signature of Notary Public
My Comm. Exp. Mar. 2, 2026
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: Document Date:
Number of Pages: Signers) Other Than Named Above:
Capacity(ies) Claimed by Signers)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - • Limited • General • Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer Is Representing: Signer Is Representing: _
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 01225.0006/367559.3
EXHIBIT "B"
WORKS OF IMPROVEMENT
A. Removal of undesirable, dangerous and dead plant materials and roots.
B. All onsite and offsite grading as specified on the approved grading plan.
C. Relocation of all public utility structures as necessary to properly construct the required improvements.
D. Storm drain facilities as required and shown on the approved construction plans and in accordance with City Standards.
E. 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. Disposal of all rocks and debris located within any public right-of-way within said development or on the boundary streets thereof.
G. Installation of concrete curbs, gutters, sidewalks, cross gutters, driveways and intersections as shown on approved construction plans and in accordance with City Standards.
H. 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.
I. Installation of approved landscaping (plants and materials).
J. Setting monuments as required by the State Code.
The Developer shall also perform all work and furnish all materials necessary, in the opinion of the Director of Development Services or his designee and on his order, to complete the improvements in accordance with the plans and specifications on file as hereinbefore specified, or any changes required or ordered by said Engineer which, in his opinion, are necessary or required to complete this work. 01225.0006/367559.3 B-1
RESOLUTION NO 2020-080
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: APPROVED
LOCATION: 13625 Yorba Avenue Chino, CA
Sylvia
By: Kimley-Horn
Ramos Loce 200206 1910 36 43-0700
DATE: 12/20/2021
Quantity Unit Item Unit Total Cost
Price Per Item
STREETS
EA Tree Removal 800.00 $
32 CY Concrete Removal 325.00 10,400.00
CY AC Pavement Removal $ 100.00 $ 300.00
CY Imported Common Fill (Incl. Compaction) 34.00 S -
1300 SF Preparation of Subgrade, Sidewalk and Paving $ 1.00 $ 1,300.00 LF PCC 8" Curb & 24" Gutter on 6" AB $ 26.00 $
130 LF PCC 6" Curb & 24" Gutter on 6" AB 24.00 $ 3.120.00 LF PCC Curb Only $ 20.00 $
LF 8" A.C. Berm $ 20.00 $
1300 SF 4" PCC Sidewalk 5.80 7,540.00
800 SF 6" PCC Thick Drive Approach on 6" AB $ 12.50 $ 10,000.00 SF 8" PCC Thick Drive Approach on 6" AB $ 15.00 -
LF 2" × 6" Redwood Header $ 7.50 $
EA Street Sign and Post $ 475.00 $ 475.00
- -
EA Traffic Sign and Post $ 400.00 $ 400.00
EA Reflector Sign and Post $ 175.00 $
EA Painted Legend $ 6.50 $
SF Prime or Tack Coat $ 0.08 $
TON AC Variable - <300T 130.00 $
TON AC Variable - >300T 120.00 $
TON CAB Variable - <300T $ 100.00 $ -
TON CAB Variable - >300T 90.00| $
EngCostEstimate Page 1 of 10 Effective Date: January 1, 2021 RESOLUTION NO 2020-080
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO:
LOCATION: 13625 Yorba Avenue Chino, CA
By: Kimley-Horn
DATE: 12/20/2021
Quantity Unit Item Unit Total Cost
Price Per Item
STREETS
andscape (Including shrubs, Hardscape, Irrigation.
round Cover, Lighting, Installation Labor and Connectic 860 SF to Existing Systems) $ 15.00 $ 12.900.00
14 foot Median with Landscape, Irrigation, Lighting,
LF Hardscape, Curb, Gutter & Pavement $ 300.00 S -
Rail Road Crossing
Safety Equipment (Complete Including Crossing
Gates, Signs, and Lights) $ 500.000.00 S
SF Track Crossing (Concrete) $ 175.00 S
SF Approach $ 4.00 $
EA S.W. Ramps (A.D.A. Compliant) $ 4.000.00 S
EA Traffic Signal Loops $ 600.00 -
STREETS
STREET SUBTOTAL $ 46,831.00
LS Mobilzation (5% of Construction Cost) 5% $ 2.341.55
LS Traffic Control (5% of Construction Cost) 5% $ 2,341.55 LS Clear & Grub Site (5% of Construction Cost) 5% S 2.341.55 LS Excavation (Clean Material) (5% of Construction Cost) 5% $ 2,341.55 GRAND TOTAL STREETS ONLY $ 56,197.20
EngCostEstimate Page 3 of 10 Effective Date: January 1, 2021 RESOLUTION NO 2020-080
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO:
LOCATION: 13625 Yorba Avenue Chino, CA
By: Kimley-Horn
DATE: 12/20/2021
Quantity Unit Item Unit Total Cost
Price Per Item
RECYCLED WATER
LF Trench Support/Shoring (6 foot depth)) $ 15.00 $
CY Pipe Bedding (Imported) $ 90.00 $
6" Pipe & Fittings Installed, including excavation, bedding, LF backfill and pavement restoration $ 80.00 $
8" Pipe & Fittings Installed, including excavation, bedding LF backfill and pavement restoration. $ 100.00 $
12" Pipe & Fittings Installed, including excavation,
LF bedding, backfill and pavement restoration $ 135.00 $ 18" Pipe & Fittings Installed, including excavation,
LF bedding, backfill and pavement restoration $ 175.00 $ EA 6" Gate Valve $ 2,000.00
EA 8" Gate Valve $ 2,600.00 $
EA 12" Gate Valve $ 4,500.00 $
EA 18" Gate Valve $ 7,500.00 $
EA Fire Hydrant Assembly per City Std. $ 7,500.00 $
EA Blow-off Assembly 5" per City Std $ 8,600.00 $
EA 2" Air Relief Assembly $ 4,500.00 $ -
EA 1" Water Service/Meter $ 3,500.00 $ -
EA 2" Water Service/Meter $ 4,500.00
RECYCLED WATER
RECYCLED WATER SUBTOTAL $
LS Mobilzation (5% of Construction Cost) 5% S
LS Traffic Control (5% of Construction Cost) 5% S
GRAND TOTAL RECYCLED WATER ONLY $
EngCostEstimate Page 5 of 10 Effective Date: January 1, 2021 RESOLUTION NO 2020-080
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO:
LOCATION: 13625 Yorba Avenue Chino, CA
By: Kimley-Horn
DATE: 12/20/2021
Quantity Unit Item Unit Total Cost
Price Per Item
STORM DRAIN
LF 24" X 36" C.M.P.A. (10 Gauge) 230.00 $
LF 27" × 43" C.M.P.A (10 Gauge) S 250.00
EA Storm Drain Manhole #1 $ 10,000.00 S
EA Junction Structure #2 (24" or larger) 8.850.00
EA Junction Structure #4 (24" or smaller) 4,000.00 $
EA Outlet Structure $ 7.000.00 $ 7,000.00
EA Catch Basin 3.5' Width $ 7.200.00 $
EA Catch Basin 7' Width/L.D. 7.900.00 $
EA Catch Basin 10' Width/L.D. $ 9.950.00 $
EA Catch Basin 14' Width/L.D $ 11.000.00 S
EA Catch Basin 21' Width/L.D. $ 13.000.00 S
18 inch RCP Installed, including excavation, bedding.
LF backfill and pavement restoration $ 200.00 $
24 inch RCP Installed, including excavation, bedding.
LF backfill and pavement restoration $ 240.00 $
27 inch RCP Installed, including excavation, bedding,
LF backtill and pavement restoration $ 260.00 $
30 inch RCP Installed, including excavation, bedding.
LF backtill and pavement restoration $ 280.00 $
33 inch RCP Installed, including excavation, bedding,
LF backtill and pavement restoration $ 295.00 $
36 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration $ 310.00 $
39 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration 320.00 $
42 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration $ 330.00
45 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration $ 360.00
48 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration $ 385.00
54 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration 440.00 $
60 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration 500.00 | $
EngCostEstimate Page 7 of 10 Effective Date: January 1, 2021 RESOLUTION NO 2020-080
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO:
LOCATION: 13625 Yorba Avenue Chino, CA
By: Kimley-Horn
DATE: 12/20/2021
Quantity Unit Item Unit Total Cost
Price Per Item
DIRECT COSTS GRAND TOTAL STREETS ONLY $ 56,197.20
GRAND TOTAL WATER ONLY $ 7,700.00
GRAND TOTAL RECYCLED WATER ONLY $
GRAND TOTAL SEWER ONLY $
GRAND TOTAL STORM DRAIN ONLY $ 7,700.00
GRAND TOTAL (FOR PLAN CHECK & INSPECTION FEE
DETERMINATION) $ 71,597.20
PROJECT ADDITIVES Project Contingencies 10% $ 7,159.72
Construction Staking 3% $ 2,147.92
Soils Testing 1% $ 715.97
Material Testing 1% $ 715.97
Construction Inspection 4. 8% $ 3,436.67
Contract Administration 1% $ 715.97
GRAND TOTAL (FOR BOND AMOUNTS) $ 86,489.42
EngCostEstimate Page 9 of 10 Effective Date: January 1, 2021 NL MH
FM lA
SR NA
E-Mail Sent: 4/7/2022
To: M. Staar
DEVELOPMENT ENGINEERING DIVISION CONDITIONS OF APPROVAL SCUP NO. PL 18-0038 (TE01)
DATE: March 8, 2022 PC MEETING DATE: April 19, 2022
PROJECT DESCRIPTION: Expanding operation of poultry processing facility PROJECT LOCATION: 13625 Yorba Avenue
APPLICANT: Wing Lee Farms PROJECT ENGINEER: Natalie Ávila
PRIOR TO THE TWO MAJOR DEVELOPMENT EVENTS LISTED BELOW, 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.
1.0 PRIOR TO ISSUANCE OF BUILDING PERMITS:
1.1 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 by 8½-inch standard
1.2 Make the following dedications:
Street Name Distance Direction From C/L
Yorba Avenue 33' East
SCUP NO. PL18-0038 (TE01) 3 March 8, 2022
1.4 Execute a Public Improvement Agreement and submit security in an amount acceptable to the City Engineer to guarantee construction of the public improvements listed in 1.3. All security must be accessible to the City at any time and in a form acceptable to the Assistant City Manager, pursuant to Government Code, Section 66499.
1.5 Comply with all applicable requirements of the City Code.
1.6 Pursuant to Santa Ana Regional Water Quality Control Board Order Number R8-2010-0036, NDES Permit No. CAS618036, should onsite improvements require prepare a project-specific Water Quality Management Plan (WQMP) and submit to the project engineer for review and approval. To address NDES 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
1.7 Any future maintenance and repair of water, 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.
1.8 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.
1.9 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.
1.10 Other Conditions:
Comply with the City and IEUA requirements per the Industrial User Discharge Permit No. 1093.
2.0 PRIOR TO REQUEST FOR AND FINALIZATION OF BUILDING PERMITS/ACCEPTANCE OF PUBLIC IMPROVEMENTS:
2.1 Construct and secure Development Services Department approval of all public facilities enumerated under Section 1.0 above (per Resolution No. 88-23).
2.2 If applicable, 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.
2.3 Pay all remaining applicable fees pursuant to City Code.
2.4 Slurry seal along all streets impacted by the development as directed by City staff. Install signing and striping per approved plans.
CITY OF CHINO
DEVELOPMENT SERVICES DEPARTMENT
DEVELOPMENT ENGINEERING DIVISION
ITEMS REQUIRED FOR FIRST PLAN CHECK SUBMITTAL
SPECIAL CONDITIONAL USE PERMIT NO. PL18-0038 (TE01)
PROJECT ENGINEER: Sylvia Ramos
DATE: 4/7/2022
A COPY OF THIS CHECK LIST MUST BE SUBMITTED WITH THE FIRST PLAN CHECK 1 Copy of Development Engineering Division Conditions of Approval LI 2 Sets of Maps (Subdivision Only)
Copies of preliminary Title Report (no older than six months) with support documents Copies of Closure Calculations for R/W dedications
1 Set of Referenced Maps
• 2 Copies of Preliminary Soils Report (no older than sixty days) • 2 Copies of lot line adjustment certificate
2 Copies of lot merger
X 2 Copies of right-of-way dedication (legal descriptions and plats) 4 Sets of Rough Grading Plans
• 5 Sets of Precise Grading Plans
• Sets of Storm Drain Plans
L 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.
Provide an estimate for the public improvements and a separate estimate for any onsite private drainage improvements (if applicable).
Sets of Street Improvements Plans (for sidewalk and driveway improvements) • 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
3 Sets of Domestic Water Plans
• 2 Sets of Recycled Water Plans
• 2 Sets of Street Light Plans
2 Copies of Voltage Drop Calculations (Signed and Sealed by a Registered Engineer) 2 Sets of Signing and Striping Plans
1 Water Quality Management Plan (Will be required if if the area of additional or replaced non- pervious materials exceeds 5000 square feet.)
Rev. 11/19/18 MB
EXHIBIT "C"
PL18-0038
TANG AND SUNG INVESTMENT LLC
ENVIRONMENTAL WARRANTY
As a condition precedent to acceptance of the dedications and public improvements to be conveyed by the above-named Developer to the City of Chino for the above-referenced Subdivision, Developer hereby warrants to the City of Chino that:
1. Neither the property to be dedicated nor Developer are in violation of any environmental law, and neither the property to be dedicated nor the Developer 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 Developer nor any other person with Developer'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. Developer 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. Developer'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 Developer hereby represents and warrants, that the signators hereto have the legal power, right and authority to execute this warranty on behalf of the Developer 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 Developer's environmental experts, to make the representations herein, and that no consent of any other party is 01225.0006/367559.3 C-1
Bond No.: 100675117
Contract No.: 2023-115
Executed in triplicate Approved: 9/6/2022
Premium: $8,650.00 Initial Premium
FAITHFUL PERFORMANCE BOND
PL18-0038 (SCUP)
WHEREAS, the City Council of the City of Chino, State of California, hereinafter designated as "CITY" and TANG & SUNG INVESTMENT LLO as
"PRINCIPAL," have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated
, is hereby referred to and made a part hereof; anc
WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement.
NOW, THEREFORE, we, the Principal and American Contractors Indemnity Company _ as surety, are held and firmly bound unto the City of Chino in the penal sum of --.
Eighty Six Thousand Five Hundred and 00/100 Dollars ($86,500.00 lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above-bound Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and provisions in said agreement and any alteration thereof made as therein provided, 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 August 3, 2022
TANG & SUNG INVESTMENT LLC American Contractors Indemnity Company
PRINCIPAL SURETY
By: By: Freddy Anvari, Attorney-in-Fact
aka Andy Tang SIGNATURES MUST BE NOTARIZED
Rev. 04/2019) Page 1 of 1
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 08/03/2022 before me, _ K. Ho, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Freddy Anvari
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
lentasihShaltadt WITNESS my hand and official seal.
K. HO
Notary Public - California
Orange County Signature
Commission # 2262101
My Commi. Expires Nov 7, 2022 Signatuke 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
Title or Type of Document: Bond /0067517 Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Freddy Anvari Signer's Name:
] Corporate Officer - Title(s): • Corporate Officer - Title(s):
Partner - • Limited O General ] Partner - O Limited General Individual X Attorney in Fact Individual • Attorney in Fact Trustee • Guardian or Conservator ] Trustee C Guardian or Conservator Other: ] Other:
Signer Is Representing: Signer Is Representing:
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 California Acknowledgment Form
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of San Bernardino
on August 9$ 2022 before me. - Tori Staley, Notary Public (here insert name and title of the officer)
personally appeared_ Cindy Jang Kuempe
who proved to me on the basis of satisfactory evidence to be the persons whose namers) is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/her/their au- thorized capacity(les), and that by his hertheir signature S) on the instrument the persons, or the entity upon behalf of which the persontsy 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.
Seal
WITNESS my hand and official seal.
Fanstally
TORI STALE
COMM. #2312060
Notary Public - California
SAN BERNARDINO COUNTY
My Comm. Exp. Noy. 9, 2023 r
Optional Information
To help prevent fraud, it is recommended that you provide information about the attached document below. ***This is not required under California State notary public law.*** Document Title: ithful performance Bond # of Pages
Notes
©2014 Golden State Notary, Inc. www.Notary.net
(888) 263-1977
TOKIO MARINE
HCC
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That American Contractors Indemnity Company of the State of California, a California corporation, does hereby appoint,
FREDDY ANVARI
its true and lawful Attorney-in-Fact, with full authority to execute on its behalf bond number 100675117 issued In the course business the Company thereby, amount not to exceed One hundred thousand and 00/100 $100,000.00
"Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions:
Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." The Attorney-in-Fact named above may be an agent or a broker of the Company. The granting of this Power of Attorney is specific to this bond and does not indicate whether the Attorney-in-Fact is or is not an appointed agent of the Company.
IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its President on this 18th day of April, 2022.
State of California AMERICAN CONTRACTORS INDEMNITY COMPANY
NCORPORATED
County of Los Angeles By:
Adam S. Pessin, President
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
On this 18th day of April, 2022, before me, Sonia O. Carrejo, a notary public, personally appeared Adam S. Pessin, President of American Contractors Indemnity Company, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of CALIFORNIA that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
SONIA O. CARRES
Notary Public - California
Los Angeles County
Signature (seal) emmission 2398710
My Comm. Expires Apr 23.2026
1, Kio Lo, Assistant Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this _ 3rd ... day of August 2022
TRACTORS
Bond No. 100675117
toro
Agency No. 3092 INCORPORATED Kio Lo, Assistant Secretary -SEPT. 29, 1990
HCCSOZZPOAACIC04/2022
visit tmhcc.com/surety for more information
Bond No.: 100675117
Contract No.: 2023-115
Executed in triplicate Approved: 9/10/2022
Premium Included on Performance Bond
LABOR AND MATERIAL BOND
PL18-0038 (SCUP)
WHEREAS, the City Council of the City of Chino, State of California, hereinafter designated as "CITY" and
TANG & SUNG INVESTMENT LLC
"PRINCIPAL; have entered i an agreemen whereby Principal agrees to instal and omplete cestain designates public improvements, which said agreement, dated _ and identified Project No. _ PL18-0038 (SCUP) _, is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, Principal is required, before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Chino to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California NOW, THEREFORE, said Principal and the undersigned, as corporate surety, are held and firmly bound unto the City of Chino, and all contractors, subcontractors, laborers, material, men, and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Forty Three Thousand Two Hundred and 00/100 for
materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition.
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named, on August 3, 2022
TANG & SUNG INVESTMENT LLC American Contractors Indemnity Company
PRINCIPAL URETY
By: Ju kuempe By:
- Indy Tau Freddy Anvari, Attorney-in-Fact
aka Andy tary SIGNATURES MUST BE NOTARIZED
Rev. 04/2019) Page 1 of 1
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 locument to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California
County of Orange
On 08/03/2022 before me,.. K. Ho, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Freddy Anvari
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
K. HO
Notary Public - California titi
Orange County Signature
Commission # 2262101
My Comm. Expires Nov 7, 2022 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
Title or Type of Document: Bond 100675/17 Document Date:
Number of Pages: Signers) Other Than Named Above:
Capacity(ies) Claimed by Signers)
Signer's Name: Freddy Anvari Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
Partner - • Limited • General 1 Partner - • Limited General Individual XI Attorney in Fact l Individual • Attorney in Fact Trustee • Guardian or Conservator 1 Trustee • Guardian or Conservator | Other: • Other:
Signer Is Representing: Signer Is Representing:
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 California Acknowledgment Form
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
} ss.
County of San Bernardino
on Avgust 9", , 2022 _before me, _ Tori Staley, Notary Public personally appeared Cindy Tang Kureme tone ole.
who proved to me on the basis of satisfactory evidence to be the person(s) whose namers) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/heir au- thorized capacity(jes), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the persong) 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.
Seal
WITNESS my hand and official seal.
coul Staler
Signature of Notary
TORI STALEY
Ri COMM. #2312060
Notary Public - California
SAN BERNARDINO COUNTY
My Comm. Exp. Nov. 9, 2023
Optional Information
To help prevent fraud, it is recommended that you provide information about the attached document below ***This is not required under California State notary public law.*** Document Tide:Labor and material bond # of Pages: 4
Notes
©2014 Golden State Notary, Inc www.Notary.net (888) 263-1977 •.
TOKIO MARINE
HC C
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That American Contractors Indemnity Company of the State of California, a California corporation, does hereby appoint,
FREDDY ANVARI
its true and lawful Attorney-in-Fact, with full authority to execute on its behalf bond number 100675117 the course of its and to bind the Company thereby, in an amount not to exceed One hundred thousand and 00/100 $100,000.00
his Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following resolutions adopte y the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 1st day o "Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions:
Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." The Attorney-in-Fact named above may be an agent or a broker of the Company. The granting of this Power of Attorney is specific to this bond and does not indicate whether the Attorney-in-Fact is or is not an appointed agent of the Company.
IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its President on this 18th day of April, 2022.
TRACTORS,
State of California AMERICAN CONTRACTORS INDEMNITY COMPANY
NCORPORATED D
SEPT. 25, 1990
County of Los Angeles By:
Adam S. Pessin, President
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
On this 18th day of April, 2022, before me, Sonia O. Carrejo, a notary public, personally appeared Adam S. Pessin, President of American Contractors Indemnity Company, who proved to me on the basis of satisfactory evidence to be the person whose name is ubscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by h ignature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrumer 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.. SONA O. CARRE IO
Notary Public - California
os Angeles Count
Signature (seal) emmission # 239971
1, Kio Lo, Assistant Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the esolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and tha either the said Power of Attorney nor the resolution have been revoked and they are now in full force and effec IN WITNESS WHEREOF, I have hereunto set my hand this. 3rd day of August 2022 Bond No. 100675117 DONTRACTORS
Can Secretary Soro
3092 INCURPORATED Kio Lo,
Agency No. SEPT 35. 1990
CALIFORNIP
HCCSOZZPOAACIC04/2022
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Executed in triplicate Bond No.: 100675117
Contract No.: 2023-115
Approved: 9/4/2022
WARRANTY BOND
PL18-0038 (SCUP)
WHEREAS, the City Council of the City of Chino, State of California, hereinafter designated as "CITY" and TANG & SUNG INVESTMENT LLC
"PRINCIPAL," have entered into an agreement whereby Principal has agreed to warrant and guarantee the installation, completion, and maintenance of certain designated public improvements, which said agreement, dated 916/2022 _, and identified as Project No. _PL18-0038 is hereby referred to and made a part hereof; and
WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the warranty of said improvements.
NOW, THEREFORE, we, the Principal, and American Contractors Indemnity Company, as surety, are held and firmly bound unto the City of Chino in the penal sum of - Eight Thousand Six Hundred and 00/100 Dollars ($8,600.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bound Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and provisions in said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees including reasonable attorneys' fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the agreement or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named, on August 3, 2022
TANG & SUNG INVESTMENT LLC American Contractors Indemnity Company
PRINCIPAL SURETY
By: By:
Freddy Anvari, Attorney-in-Fact
Gina Cinde, Fang SIGNATURE(S) MUST BE NOTARIZED
Rev. 04/2019) Page 1 of 1
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 08/03/2022 before me, Angela Kim, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Freddy Anvari
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand apd official seal.
ANGE:d K.M
Notary Pueile • da "araia
Orange Cawfly Signature
Commission e 531792.
My Com.m. Exal es May 15. 191! Signature on 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
Title or Type of Document: Bond+ 100675117 Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Freddy Anvari Signer's Name:
| Corporate Officer - Title(s): ] Corporate Officer - Title(s):
Partner - L Limited [ General Partner - O Limited C General Individual x Attorney in Fact Individual Attorney in Fact Trustee Guardian or Conservator Trustee 1 Guardian or Conservator | Other: Other:
Signer Is Representing: Signer Is Representing:
Tư TT TT T TT TK KTXXXUXXXXXXXXXXXXXXX/T*U
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 California Acknowledgment Form
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of San Bernardino } ss.
on August 9th 2072 before me.,. Tori Staley, Notary Public (here insert name and title of the officer)
personally appeared _ cindy Tana
who proved to me on the basis of satisfactory evidence to be the person! whose name of is/are subscribed To the within instrument and acknowledged to me that he/she/they executed the same in his/her/their au- thorized capacity(ies), and that by his her/their signatures on the instrument the persons, or the entity upon behalf of which the personts) 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.
Seal
WITNESS, my hand and official seal,
TORI STALE to stal
COMM. #2312060 Signature of Notary
Notary Public - California
SAN BERNARDINO COUNTY
My Comm. Exp. Nov. 9, 2023 I
Optional Information
To help prevent fraud, it is recommended that you provide information about the attached document below ***This is not required under California State notary public law.*** Document Tidewarranty Bond # of Pages
Notes
©2014 Golden State Notary, Inc. www.Notary.net (888) 263-1977
TOKIO MARINE
HC C
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That American Contractors Indemnity Company of the State of California, a California corporation, does hereby appoint,
FREDDY ANVARI
its true and lawful Attorney-in-Fact, with full authority to execute on its behalf bond number 100675117 issued in the course of its business and to bind the Company thereby, in an amount not to exceed One hundred thousand and 00/100 $100,000.00
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 1st day of September, 2011.
"Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions:
Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." The Attorney-in-Fact named above may be an agent or a broker of the Company. The granting of this Power of Attorney is specific to this bond and does not indicate whether the Attorney-in-Fact is or is not an appointed agent of the Company.
IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its President on this 18th day of April, 2022.
State of California AMERICAN CONTRACTORS INDEMNITY COMPANY County of Los Angeles By: nantessin
CALIFORN Adam S. Pessin, President
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
On this 18th day of April, 2022, before me, Sonia O. Carrejo, a notary public, personally appeared Adam S. Pessin, President of American Contractors Indemnity Company, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of CALIFORNIA that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.. SONIA O. CARREN
Notary Public - California
chu Cute
Signature (seal)
1, Kio Lo, Assistant Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this _ 3rd day of August 2022 Bond No. 100675117
Agency No. 3092 INCORPURATED Kio Lo, Assistant Secretary SEPT. 25. 1990
HCCSOZZPOAACIC04/2022
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