PUBLIC IMPROVEMENT AGREEMENT
by and between
CITY OF CHINO
and
G&SS RESTAURANT CORPORATION
(ANDY'S BURGERS)
01225.0006/367559.2 Updated 11-2017
PUBLIC IMPROVEMENT AGREEMENT BETWEEN
THE CITY OF CHINO
AND
ANDY'S BURGERS
Agreement Date: June 16*, 2020
Developer's Name: G&SS RESTAURANT CORPORATION (ANDY'S BURGERS) Description: On November 13, 2017, the Planning Commission conditionally approved PL16- 0671 Site Approval to construct a 4,925 square-foot Andy's Burgers drive-thru restaurant with a 592 square-foot outdoor seating area on a 0.96-acre site in the Commercial General Zoning District. The project is located at 4616 Riverside Drive on the northwest corner Riverside Drive Site Approval No.: PL16-0671
Estimated Total Cost of Improvements: $191,300.00
Security
Bond No.: 4440023
Surety: SureTec Insurance Company.
01225.0006/367559.2
Designees for the Service of Written Notice:
CITY: [SUBDIVIDER:
Chris Magdosku G&SS Restaurant Corporation
City Engineer Attn: Angelo Sotiropoulos
13220 Central Avenue
Chino, CA 91710 4603 Riverside Drive
Chino, CA 91710
(909) 334-3417
[email protected] [email protected]
CITY PROJECT INSPECTOR SURETY
Ronnie Hernandez SureTec Insurance Company
Permit & Inspection Supervisor
13220 Central Avenue
Chino, CA 91710
(909) 334-3433
[email protected]
01225.0006/367559.2
TABLE OF CONTENTS
1. Construction Obligations
1.1 Works of Improvement
1.2 Other Obligations Referenced in Conditions of Approval
1.3 Intent of Plans
1.4 Performance of Work
1.5 Changes in the Work
1.6 Defective Work
1.7 No Warranty by City
1.8 Authority of the City Engineer
1.9 Documents Available at the Site
1.10 Inspection
1.11 Compliance with Law; Applicable Standards for Improvements
1.12 Suspension of Work
1.13 Erosion and Dust Control and Environmental Mitigation
1.14 Final Acceptance of Works of Improvement
1.15 Vesting of Ownership
1.16 Developer's Obligation to Warn Public During Construction
1.17 Injury to Public Improvements, Public Property or Public Utility
2. Time for Performance
2.1 Commencement and Completion Dates
2.2 Phasing Requirements
2.3 Force Majeure
2.4 Continuous Work
3. Labor
3.1 Labor Standards
3.2 Nondiscrimination
3.3 Licensed Contractors
3.4 Workers' Compensation
4. Security
4.1 Required Security
4.2 Form of Security Instruments
4.3 Developer's Liability
4.4 Letters of Credit
4.5 Release of Security Instruments
5. Cost of Construction and Provision of Inspection Service 01225.0006/367559.2
Developer Responsible for All Related Costs of Construction Payment to City for Cost of Related Inspection and Engineering Services Payment of Development Impact Fees
6. Acceptance of Offers of Dedication
7. Warranty of Work
8. Default
Default by Developer
Remedies
Notice of Violation
Remedies Not Exclusive
Attorney's Fees and Costs
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
01225.0006/367559.2
PUBLIC IMPROVEMENT AGREEMENT
THIS PUBLIC IMPROVEMENT AGREEMENT (this "Agreement") is entered into this 16th day of June, 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 G&SS RESTAURANT CORPORATION. ("DEVELOPER").
RECITALS
A. Developer is the owner of certain real property located in the City of Chino, County of San Bernardino, State of California (the "Property"), as described on Exhibit "A", which Developer proposes to develop and construct certain works of improvement thereon, as hereafter set forth.
B. Site Approval PL16-0671, as presented by Developer, consists of a 4,925 square-foot Andy's Burgers drive-thru restaurant with a 592 square-foot outdoor seating area on a 0.96-acre site in the Commercial General Zoning District. The project is located at 4616 Riverside Drive on the northwest corner Riverside Drive and Wright Avenue (Exhibit A). Site Approval PL16-0671 was conditionally approved by the City of Chino Planning Commission on November 13, 2017 ("Project').
C. The City desires to assure that said improvements proposed for the Project will be constructed in a good workmanlike manner and in accordance with all applicable laws, statues, ordinances, resolutions and regulations now in force and effect in the City of Chino and the State of California, all of which are incorporated herein.
D. The Developer acknowledges familiarity with the various requirements for public improvements contained in the Chino Municipal Code and agrees to comply therewith.
COVENANTS
Based upon the foregoing Recitals which are incorporated herein by reference and in consideration of City's site plan or other entitlements for the Property and permitting development of the Property to proceed, Developer agrees to timely perform all of its obligations as set forth herein.
Construction Obligations.
1.1. Works of Improvement. Developer agrees, at its sole cost and expense, to construct or install, or cause to be constructed or installed the street, domestic water, street lighting, landscaping, utility, and other improvements more fully described as Exhibit "B" attached hereto (the "Works of Improvement"), as the same may be supplemented and revised trom 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 $191,300.00.
1.2. Other Obligations Referenced in Conditions of Tentative Map. Approval. In addition to the foregoing, Developer shall satisfy all of the other Conditions associated with the 01225.0006/367559.2 1 of 19
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. 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.
1.5. 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.
1.6. Defective Work. Developer shall cause its contractor to repair, reconstruct, replace, or otherwise make acceptable any work found by the City Engineer to be defective.
1.7. No Warranty by City. The Plans for the Works of Improvement have been prepared by or on behalf of Developer or its consultants or contractors, and City makes no representation or warranty, express or implied, to Developer or to any other person regarding the adequacy of the Plans or related documents.
1.8. 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 01225.0006/367559.2 2 of 19
performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Developer and its contractor.
1.9. Documents Available at the Site. Developer 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.
1.10. Inspection. Developer 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 Developer, or its design engineer, and Developer's contractors) regarding the Works of Improvement.
Developer 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 Developer'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 Developer'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 Developer 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.
1.11. Compliance with Law; Applicable Standards for Improvements. In addition to the express provisions of this Agreement and the Plans, Developer 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 Developer 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 Developer shall also give all necessary notices and pay all fees and taxes as required by law.
Developer shall construct the improvements in accordance with the City standards in effect at the time of the adoption of this Agreement. City reserves the right to protect the public safety or welfare or comply with applicable Federal or State law or City zoning ordinances.
1.12. 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.
1.13. 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 01225.0006/367559.2 3 of 19
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.
1.14. 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.
1.15. Vesting of Ownership. Upon recordation of the Notice of Acceptance, ownership of the Works of Improvement shall vest in the City.
1.16. 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 protect the public from such dangerous condition. Until recordation of the Notice of Acceptance, Developer shall provide forty-eight (48) hours' advance written notice to all neighboring property owners and tenants affected by Developer's operations or construction of the hours, dates and duration of any planned construction activities.
1.17. Injury to Public Improvements, Public Property or Public Utility. Until recordation of the Notice of Acceptance of the Works of Improvement, Developer assumes responsibility for the care and maintenance of, and any damage to, the Works of Improvements. Developer 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 Developer, prior to the recordation of the Notice of Acceptance. Developer shall bear the entire cost of such 01225.0006/367559.2 4 of 19
replacement or repairs regardless of what entity owns the underlying property. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer.
Neither the City, nor any officer or employee thereof, shall be liable or responsible for any accident, loss or damage, regardless of cause, occurring to the work or Works of Improvements prior to recordation of the Notice of Acceptance of the work or improvements.
2. Time for Performance.
2.1. Commencement and Completion Dates. Subject to Sections 2.2 and 2.3 below, Developer shall (i) commence with construction and installation of the Works of Improvement thirty (30) days following City's approval of the Plans ("Commencement Date"); and (ii) complete or cause to be completed all of the Works of Improvement within two (2) years after the Commencement Date. In the event good cause exists as determined by the City Engineer, the time for commencement of construction or completion of the Works of Improvement hereunder may be extended by up to three (3) additional one-year periods. Extensions shall be executed in writing by the City Engineer. The City Engineer in his or her sole discretion determines whether or not the Developer has established good cause for an extension. As a condition of such extension, the City Engineer may require Developer to furnish new security guaranteeing performance of this Agreement, as extended, in an increased amount to compensate for any increase in construction costs as determined by the City Engineer. If Developer 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 Developer's failure to satisfy such phasing requirements, as the same now exist or may be amended from time to time, Developer 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, Developer shall provide satisfactory evidence that all applicable requirements that are a condition to issuance of building permits have been satisfied. Such requirements may include the payment of fees, construction of improvements, or both. Final inspections or issuance of Certificates of Occupancy may be withheld from the 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, 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 01225.0006/367559.2 5 of 19
hereunder. The City Engineer shall evaluate all claims to Force Majeure 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 obtain a valid City of Chino business license prior to performing any work pursuant to this Agreement. Developer shall provide the City Engineer with a list of all of its contractors and subcontractors prior to initiating any work, and all valid Contractor's licenses and business licenses issued thereto as a condition of constructing the Works of Improvements.
3.4. Worker's Compensation. Developer shall cause • every contractor and subcontractor performing any of the Works of Improvement to carry Workers' Compensation Insurance as required by the Labor Code of the State of California and shall cause each such contractor and subcontractor to submit to City a Certificate of Insurance verifying such coverage prior to such contractor or subcontractor entering onto the job site.
Security.
4.1. Required Security.
(a) At the time Developer executes this Agreement, Developer shall furnish to City the following bonds, letters of credit, instruments of credit (assignment of 01225.0006/367559.2 6 of 19
deposit account) or other security acceptable to City in its sole and absolute discretion and satisfying the requirements of the applicable provisions of this Section 4 below (hereinafter "Security Instruments"):
A Security Instrument securing Developer's faithful performance of all of the Works of Improvement ("Faithful Performance Security Instrument"), in the amount of $191,300.00 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 $95,700.00 equal to 50% of the estimated construction cost referenced in Section 1.1.
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, Developer 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 $19,100.00 equal to 10% of the estimated construction cost set forth in Section 1.1 or a suitable amount determined by the City Engineer.
4.2. Form of Security Instruments. All Security Instruments shall be in the amounts required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following minimum requirements and otherwise shall be in a form provided by City or otherwise approved by the City Attorney:
(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 01225.0006/367559.2 7 of 19
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 Engineer's acceptance of a replacement security, the former security may be released by the City.
4.3. Developer's Liability. While no action of Developer shall be required in order for City to realize on its security under any Security Instrument, Developer 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, Developer shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10) days after written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 4.
4.4. Letters of Credit.
(a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit 01225.0006/367559.2 8 of 19
(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 contro, of the City, with no interest accruing thereon for the benefit of the Developer. 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. Developer agrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein, and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City's security interest in such account.
4.5. Release of Security Instruments. The City shall release all Security Instruments consistent with Government Code Sections 66499.7 and 66499.8, Section 19.09.010 of the Chino Municipal Code, and as follows:
(a) City shall release the Faithful Performance Security Instrument and Labor and Materials Security Instrument when all of the following have occurred:
(i) Developer 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;
(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.
01225.0006/367559.2 9 of 19
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.
Warranty of Work. Developer shall guarantee all Works of Improvement against defective materials and workmanship for a period of one (1) year from the date of final acceptance. If any of the Works of Improvement should fail or prove defective within said one (1) year period due to any reason other than improper maintenance, or if any settlement of fill or backfill occurs, or should any portion of the Works of Improvement fail to fulfill any requirements of the Plans, Developer, 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 Developer 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 Developer. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law.
8. Default.
8.1. Default by Developer. Default by Developer shall include, but not be limited to:
(a) Developer's failure to timely commence construction of Works of Improvement under this Agreement;
01225.0006/367559.2 10 of 19
(b) Developer's failure to timely complete construction of the Works of Improvement;
(c) Developer's failure to perform substantial construction work for a period for 20 consecutive calendar days after commencement of the work; (d) Developer's insolvency, appointment of a receiver, or the filing of any petition in bankruptcy, either voluntary or involuntary, which Developer fails to discharge within 30 days;
(e) The commencement of a foreclosure action against the Property or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or Developer'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 Developer'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 Developer. 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 Developer'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 Developer fails to cure any default under this Agreement within 20 days after the City mails a notice of such default to the Developer and the Developer's surety, Developer authorizes the 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. Notice of Violation. The Developer's failure to comply with the terms of this Agreement constitutes Developer's consent for the City to file a notice of violation against the Property.
8.4. 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.
8.5. 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 01225.0006/367559.2 11 of 19
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.
8.6. 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.
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 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, to adjacent property owners as a consequence of the diversion of waters from the design and construction of public drainage systems, streets and other improvements. Recordation of the Notice of Acceptance by the City of the Works of Improvements shall not constitute an 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 Developer submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design.
After recordation of the Notice of Acceptance, the Developer shall remain obligated to eliminate any latent defect in design or dangerous condition caused by the design or construction defect; however, Developer shall not be responsible for routine maintenance. The provisions of this paragraph shall remain in full force and effect for ten (10) years following the recordation of the Notice of Acceptance by the City of the Works of Improvements. It is the intent of this section that Developer 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 01225.0006/367559.2 12 of 19
approving or reviewing any work or construction. The improvement security shall not be required to cover the provisions of this Paragraph.
Developer 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. Developer's Indemnity of Project Approval. Developer 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 Project. The City shall promptly notify the Developer 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 Developer of any claim, action, or proceeding, or if the City fails to cooperate in the defense, the Developer 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. Developer shall not be required to pay or perform any settlement unless the settlement is approved by the Developer.
11. Insurance Requirements. Developer, at Developer'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:
(i) Premises operations; including X, C, and U coverage; (i) 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:
(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 01225.0006/367559.2 13 of 19
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:
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:
(i) "The City of Chino, its officers, employees and agents are hereby added as additional insureds."
(ii) "This policy shall be considered primary insurance with respect to any other valid and collectible insurance the City may possess, ncluding any self- insured retention the City may have and an other insurance the City does possess shall be considered exces insurance only."
(iii) "This insurance shall act for each insured and additional insured as though a separate policy has been written for each. This, however, will not act to increase the limit of the insuring company." (iv) "Thirty (30) days prior written notice of cancellation shall be given to the City of Chino in the event of cancellation and/or reduction in coverage, except that ten (10) days prior written notice shall apply in the event of cancellation for non-payment of premium." Such notice shall be sent to the Risk Manager at the address indicated in Subsection f below.
01225.0006/367559.2 14 of 19
(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 Developer under this Agreement shall be admitted to transact the business of insurance by the California Insurance Commissioner.
(1) Proof of Coverage. Copies of all required endorsements shall be attached to the Certificate of Insurance which shall be provided by the Developer'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, Developer shall provide City with a written warranty in a form substantially similar to Exhibit "C" attached hereto and incorporated herein by reference, that:
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. (b) 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. 01225.0006/367559.2 15 of 19
(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 thereof. Developer 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 Developer in the City's approval of this Agreement. In the event the Property is subsequently conveyed by Developer to a third party prior to completion of the Works of Improvement, whereby the third party is intended to assume Developer's responsibilities with regard to this Agreement, (the "Replacement Developer"), the rights and obligations of this Agreement shall transfer to the Replacement Developer; however, the Security Instruments required pursuant to Section 4 of this Agreement, and furnished by Developer as a condition of the City's approval of this Agreement, shall remain Developer's responsibility to maintain until such time as Developer and its Replacement Developer enter into a Transfer and Assignment of Public Improvement Agreement, (the "Transfer Agreement"), to acknowledge the transfer of fee title to the Property from the Developer to its Replacement Developer, and to acknowledge the rights and obligations associated with this Agreement upon the Replacement Developer, including Replacement Developer'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 Developer and its Replacement Developer, and replacement Security Instruments meeting City's approval are furnished by the Replacement Developer, Developer 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 Developer intend 01225.0006/367559.2 16 of 19
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 Developer of this Agreement shall not be construed to vest Developer's rights with respect to any change in any zoning or building law or ordinance.
13.4. Developer is Not Agent of City. Neither Developer nor Developer's agents, contractors, or subcontractors are agents or contractors of the City in connection with the performance of Developer's obligations under this Agreement.
13.5. Time of the Essence. Time is of the essence of Developer'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 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 01225.0006/367559 2 17 of 19
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 (1) party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into of this Agreement does not violate any provisions of any other agreement to which said party is bound. [SIGNATURES ON NEXT PAGE]
01225.0006/367559.2 18 of 19
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:
Fred Galante, City Attorney
Development Services Director
G&SS RESTAURANT CORPORATION:
12/08/20
(Signature and Date)
Name:_ DOTIRODOULOS GEORGE
(Please type or print name)
Title: OWNER
(Please type or print title)
CITY OF CHINO
Matthew Balantyne, City Manager
Dated: 12.14.20
ATTEST:
By
Angela Robles, City Clerk
Dated: 1285-2520
01225.0006/367559.2 19 of 19
DocuSign Envelope ID: 50738555-7DDA-44B2-9A02-849BA29FFDD2 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 Salante M.Gswoi
Fred Galante, City Afforney Nicholas S. Liguori, AICP
Development Services Director
G&SS RESTAURANT CORPORATION:
ere sals 12/08/80
Name: JOTIROpOLLOs
(Please type or print name)
Title: OWNER
(Please type or print title)
CITY OF CHINO
Matthew Ballantyne, City Manager
Dated:
ATTEST:
By_
Angela Robles, City Clerk
Dated:
01225.0006/367559.2 19 of 19
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual ho signed the document to which this certificate i
tached, and not the truthfulness, accuracy, c
State of California
County of. San Bernardino
On_12/08/2020 before me, Abraham Viteri, Notary Public
(insert name and title of the officer)
personally appeared GEORGE SOTIROPOULOS
who proved to me on the basis of satisfactory evidence to be the person @ whose names) is/are- subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/bejr signature(s on the instrument the personfs), or the entity upon behalf of which the persons 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.
ABRAHAM VITERI
WITNESS my hand and official seal. COMM # 2251866
CASAN BERNARDINO Cowa
California Notary Public
Cosm Exp. July 30, 2022
Signature _ (Seal)
Exhibit "A"
PL 16-0671 (Site Approval)
LOCATION MAP
22-22
WRIGHT AV
YORBA AVE
RIVERSIDE DR
RHODES PL
A-1
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. 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.
1. 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.
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. 01225.0006/367559.2 B-1
RESOLUTION NO 2015-078
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PL16-0671
LOCATION: OFF SITE - 4632 Riverside Drive, Chino CA. 91710 By: Troy Tryfonopoulos
DATE: 4120/2020
Quantity Unit Item Unit Total Cost
Price Per Item
STREETS
LS Traffic Control (5% of construction cost) 5% $ 5,707.07 LS Clear & Grub Site (5% of construction cost). 5% $ 5.707.07 EA Tree Removal $ 800.00
34 CY Concrete Removal $ 300.00 $ 10,200.00
11 CY AC Pavement Removal 100.00 $ 1,100.00
LS Excavation (Clean Material) (5% of Construction Cost) 5% $ 5,707.07 CY Imported Common Fill (Incl. Compaction) $ 34.00 $
5000 SF Preparation of Subgrade $ 1.00 $ 5,000.00
120 LF PCC 8" Curb & 24" Gutter $ 23.00 $ 2,760.00
LF PCC Curb Onl... $ 20.00 $
LF 8" A.C. Berm $ 20.00 $
375 SF 8" PCC Cross Gutter. $. 11.00 $ 4,125.00
2547 SF 4"PCC Sidewalk $ 5.80 14,772.60
SF 6" PCC Thick Drive Approach $ 7.40 $
1387 SF 8" PC Thick Drive Approach $ 9.00 12,483.00
LF 2" x6" Redwood Header $ 5.00
2 EA Street Sign $ 475.00 $ 950.00
EA Traffic Sign and Post $ 400:00$ 2,400.00
EA Reflector Sign and Post $ 175.00 $
EA Painted Legend $ 6.50 $ 6.50
SF Prime or Tack Coat 0.05 $
11.2 TON AC Variable - <300T 90.00 S 1,008.00
TON AC Variable - 300T $ 80:00 $
EA ADA Curb Ramp $ 4,500.00 $ 9,000.00
EnqCostEstimate Page 1 of 13 Effective Date: January 1, 2016 RESOLUTION NO 2015-078
EXHIBIT C
CITY OF CHINO 1: 1 40
ENGINEERING COST ESTIMATE
PROJECT NO: PL16-0671
LOCATION: OFF SITE - 4632 Riverside Drive, Chino CA. 91710 By: Troy Tryfonopoulos
DATE: 4/20/2020
Quantity Unit Item Unit Total Cost
Price Per Item.
STREETS
TON CAB Variable - <300T $ 75.00 $
TON CAB Variable - ≥300T $ 65.00 $
EA Adjust Sewer Manhole to Grade 665.00 $
LS Mobilization 5% $ 5,707.07
EA Adjust Sewer Cleanout to Grade $ 350.00 $
EA Adjust Water Valve to Grade 265.00 $ 265.00
2 EA _Street Light (Cily Owner) $ 6,700.00 13,400.00
EA Lot Monument Setting Fee. 550.00 $ -
300 LF Sawcut A.C. 3.00 900.00
104 LF Sawcut Concrete 3.00 $ 312.00
2140 SF Cold Plan A.C (5 foot wide) 0,28 $ 599.20
160 LF Signing & Striping for 7:00 $ 1,120.00
Arterial 19.00 $
Collector 13.00 $
Local 7.00 $
EA Traffic Signal (8 - Phase Controller) $ 250,000.00 $ EA Modify existing Traffic Signal per Quadrant $ 50,000.00 $ - LF Chain Link Fence
4 foof 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 S
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: PL16-0671
LOCATION: OFF SITE - 4632 Riverside Drive, Chino CA. 91710 By: Troy Tryfonopoulos
DATE: 4/20/2020
Quantity Unit Item Unit Total Cost
Price Per Item
STREETS
Landscape (Including shrubs, Hardscape, Irrigation,
Ground Cover, Lighting, Installation Labor and Connection 3374 SF to Existing Systems) $ 10.00 S 33,740.00
14 foot Median with Landscape, Irrigation, Lighting,
LF Hardscape, Curb, Gutter & Pavement 300.00S
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 $
EA S.W. Ramps. (A.D.A. Compliant) 4,000.00
EA Traffic Signal Loops 400.00 $
STREET SUBTOTAL $ 136,969.56
PROJECT ADDITIVES Project Contingencies 10% $ 13,696.96 Construction Staking 3% S 4,109.09
Soils Testing 1% S 1,369.70
Material Testing 1% S 1:369.70.
Construction Inspection 2% S 2,739.39
Contract Administration 1% S 1369.70
GRAND TOTAL STREETS ONLY $ 161,624.08
EngCostEstimate: Page 3 of 13 Effective Dale: January 1, 2016 RESOLUTION NO 2015-078
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PL 16-0671
LOCATION: OFF SITE - 4632 Riverside Drive, Chino CA. 91710 By: Troy Tryfonopoulos
DATE: 4/2012020
Quantity Unit Item Unit Total Cost
Price Per Item
WATER
LS Traffic Control (5% of Construction Cost). 5% $ 788.00 145 LF Trench Support/Shoring (6 foot depth) $ 15.00 S 2,175:00 13 CY Pipe Bedding (Imported) 45.00 S 585.00
6" Pipe & Fittings Installed, including excavation, bedding, 50 LF backfill and pavement restoration $ 60.00$ 3,000.00 8" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration $ 75.00 $
10" Pipe & Fittings Installed, including excavation,
LF bedding, backtil and pavement restoration $ 80.00 $
12" Pipe & Fittings Installed, including excavation,
LE bedding, backtill and pavement restoration $ 90.00 $ 16" Pipe & Fittings Installed, including excavation,
LF bedding, backfill and pavement restoration 105.00 $
1 EA 6" Gate Valve $ 1,500.00 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 $ 3,500.00 $
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 4,500.00
1 EA 1-1/2" Water Service/Meter (landscape) $ 4,000.00 4,000.00 EnaCostEstimate Pace 4 of 13 Effective Date: January 1, 2016 RESOLUTION NO 2015-078
EXHIBIT C
CITY OF CHINO i
ENGINEERING COST ESTIMATE
PROJECT NO: PL16-0671
LOCATION: OFF SITE - 4632 Riverside Drive, Chino CA. 91710 By: Troy Tryfonopoulos
DATE: 4/20/2020
Quantity Unit Item Unit Total Cost
Price: Per Item
WATER
WATER SUBTOTAL 16,548.00
PROJECT ADDITIVES Project Contingences 10% $ 1,654.80
Construction Staking 496.44
Soils Testing. 1% 165.48
Material Testing 11% 1165.48
Construction Inspection 2% $ 330.96
Contract Administration: 1% S 165.48
GRAND TOTAL WATER ONLY 19,526.64
EnaCostEstimate. Page 5 of 13 Effective Date: January 1, 2016 RESOLUTION NO 2015-078
EXHIBIT C
CITY OF CHINO:
ENGINEERING COST ESTIMATE
PROJECT NO: PL16-0671
LOCATION: OFF SITE - 4632 Riverside Drive, Chino CA. 91710 By: Troy Tryfonopoulos.
DATE: 4120/2020
Quantity Unit Item Unit Total Cost
Price Per Item
RECYCLED WATER
LS Traffic Control (5% of Construction Cost) 5% $ -
LF Trench Support/Shoring (6 foot depth) 15.00 $
CY Pipe ding gs posted, including excavation, bedding, 45.00 $ LF $ 60.00
backle and as ant restorationing excavation, beading.
LF. backfill 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,
LF 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 I$ 4,500.00 S
EngCostEstimate Page 6 of 13 Effective Date: January 1, 2016 RESOLUTION NO 2015-078
EXHIBIT C
CITY OF CHINO.....
ENGINEERING COST ESTIMATE
PROJECT NO: PL16-0671
LOCATION: OFF SITE. - 4632 Riverside Drive, Chino GA. 91710 By: Troy Tryfonopoulos
DATE: 412012020
Quantity Unit Ttem Unit Total Cost
Price Per Item
RECYCLED WATER
RECYCLED WATER SUBTOTAL $
PROJECT ADDITIVES Project Contingencies 10% S
Construction Staking 3% $
Solls Testing -1% E$
Material Testing 1% 8
Construction Inspection 2% S
Contract Administration 1% S
GRAND TOTAL RECYCLED WATER ONLY $
EnaCostEstimate Page 7 of 13 Effective Date: January 1, 2016 RESOLUTION NO 2015-078
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PL16-0671
LOCATION: OFF SITE - 4632 Riverside Drive, Chino CA. 91710 By: Troy Tryfonopoulos
DATE: 4120/2020
Quantity Unit Item Unit Total Cost
Price Per Item
SEWER
LS Traffic Control (5% of Construction cost) 5% $ 170.25 15 LF Try. Inatoes, ranging excavation, beding, back 15.00 $ 225,00 15 LF and Va. mint astridding excavation, bedding, 92.00 1,380.00 LF backfill and pavement restoration $ 98.00 $
12" V.C.P. Installed, including excavation, bedding,
LF backtill and pavement restoration $ 104.00 $
15" V.C.P. Installed, including excavation, bedding
LF backtill and pavement restoration $ 110.00 $
18" V.C.P. Installed, including excavation, bedding,
LF. acktill and pavement restoration $ 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
EA Wyes 4" × 8" Typical 225.00 $
EA 48" Sewer Manhole $ 5,000.00 $
EA 60" Sewer Manhole 6,400.00
1 EA Sewer Cleanout $ 1,800.00 1,800.00
EngCostEstimate Page 8 of 13 Effective Date: January 1, 2016 RESOLUTION NO. 2015-078
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PL16-0671
LOCATION: OFF SITE - 4632 Riverside Drive, Chino CA. 91710 By: Troy Tryfonopoulos
DATE: 4/20/2020
Quantity Unit Item Unit Total Cost
Price Per Item
SEWER®
SEWER SUBTOTAL $ 3,575.25
PROJECT ADDITIVES Project Contingencies 357,53
Construction Staking 107.26
Soils Testing. 35,75
Material Testing 1% $ 35,75
Construction Inspection 2% S 171.51
Contract Administration 1% S 35-75
GRAND TOTAL SEWER ONLY $ 4,218.80
Eng CostEstimate Page 9 of 13 Effective Date: January 1, 2016 RESOLUTION NO 2015-078
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PL16-0671
LOCATION: OFF SITE - 4632 Riverside Drive, Chino CA. 91710 By: Troy Tryfonopoulos
DATE: 4/20/2020
Quantity Unit Item Unit Total Cost
Price Per Item
STORM DRAIN
LS Traffic Control (5% of Construction Cost) 5% $ 240.00 LF 24" X 36" C.M.P.A. (10 Gauge) $ 230.00 $
LF 27"× x C.M.P.A. 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
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 Catch Basin 21' Width/L.D. $ 10,000.00 $
18 inch RCP Installed, including excavation; bedding,
backfill and pavement restoration 130.00
24 inch RCP Installed, including excavation, bedding.
LF backfill and pavement restoration $ 150.00 $
27 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration 160.00 $
30 inch RCP. Installed, including excavation, bedding,
LE backfill and pavement restoration $ 175.00 $
33 inch RCP Installed, including excavation, bedding,
LF backtill and pavement restoration 190.00 $
36 inch RCP Installed, including excavation, bedding,
LE backfill and pavement restoration 240.00
39 inch RCP Installed, including excavation; bedding,
LE backfill and pavement restoration $ 260.00
42 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration 275.00 | s
Ena CostEstimate Page 10 of 13 Effective Date: January 1, 2016 RESOLUTION NO 2015-078
EXHIBITC
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PL16-0671
LOCATION: OFF SITE - 4632 Riverside Drive, Chino CA. 91710 By: Troy Tryfonopoulos
DATE: 412012020
Quantity Unit Item Unit Total Cost
Price Per Item
STORM DRAIN
45 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 280.00 $.
48 inch RCP Installed, including excavation, bedding,
LF. backfill and pavement restoration 300.00 | $
51 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration $ 325.00 $
54 inch RCP. Installed, including excavation, bedding,
LF backfill and pavement restoration $ 350.00
60 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration $ 360.00 $
63 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration $ 370.00 $
66 inch RCP Installed, including excavation, bedding,
LF backtill and pavement restoration $ 400.00 $:
72 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration $ 460.00 $
78 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration 470.00 $.
81 inch RCP Installed, Including excavation, bedding,
LF backfill and pavement restoration 490.00. $
84 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration $ 510.00 $
90 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration $ 540.00$
96 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration 570.00 $
102 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration $ 610.00 $
108 inch RCP installed, including excavation, bedding;
LF backfill and pavement restoration $ 640.00$
7'x 6' 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 $
T'x 9.5'RCB Installed, including excavation, bedding, 870.00 S LF ackfill and pavement restoratic $
x 11' RCB Installed, including excavation, beddin
LF 8x13 ac lemen, nolling excavation, beding,. $ 1,000.00 S LF i sale, reading excavation, beding. $ 1,100.00 $
LE ackfill and pavement restoratio $ 1;000.00 S
× 12 RCB Installed, including excavation, beddin
LF ackfill and pavement restoratio $ 1,100.00 $
6' RCB Installed, including excavation, beddin
LF backfill and pavement restoration $ 680.00 $
2 EA Parkway Culvert. $ 2,400.00 S 4,800:00
EnaCostEstimate Page 11 of 13 Ettective Date: January 1, 2016 RESOLUTION NO 2015-078
EXHIBIT C
CITY OF CHINO. "L
ENGINEERING COST ESTIMATE
PROJECT NO: PL16-0671
LOCATION: OFF SITE - 4632 Riverside Drive, Chino CA. 91710 By: Troy Tryfonopoulos
DATE: 4/20/2020
Quantity Unit Item Unit Total Cost
Price Per Item
STORM DRAIN
STORM DRAIN SUBTOTAL $ 5,040.00
PROJECT ADDITIVES Project Contingencies
10% 504:00
Construction Staking 3% S 151.20
Soils Testing 21% 50:40
Material Testing. 1% 50.40
Construction Inspection 2% $ 100.80
Contract Administration 1% S 50,40
GRAND TOTAL STORM DRAIN ONLY $ 5,947.20
EngCostEstimate Page 12 of 13
Effectiva Date: January 12016
RESOLUTION NO 2015-078
EXHIBIT C
CITY OF CHINO LA
ENGINEERING COST ESTIMATE
PROJECT NO: PL16-0671
LOCATION: OFF SITE - 4632 Riverside Drive, Chino CA. 91710 By: Troy Tryfonopoulos
DATE: 4120/2020
Quantity Unit Item Unit Total Cost
Price Per Item.
ENGINEER'S ESTIMATE GRAND TOTAL $ 191,316.72
BY ENGINEER
Prepared By: Ivay Infonopaulo
R.C.E. Number: 1€6585
Expiration: 12\31\21
123tt2 *
Exp.
ANIA
Place R.C.E. Stamp Here
BY CITY
Faithful Performance Bond (100% of Construction Cost) 191,300.00 Labor & material Bond (50% of Construction Cost) 95,700.00 Warranty Bond (10% of Construction Cost) $ 19,100.00
EngCostEstimate Page 13 of 13 Effective Date: January 1, 2016 EXHIBIT "C"
PL16-0671
G&SS RESTAURANT CORPORATION
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 01225.0006/367559.2 C-1
required to execute this warranty and make the representations herein on behalf of the Developer to the City of Chino.
Each of the undersigned persons declares under penalty of perjury that the foregoing is true and correct.
Dated: 12/08/20
BSS RESTAURANT COBPOBATON
By: Grol
*Proof of authorization for Developer's signatures is required to be submitted concurrently with this environmental warranty.
01225.0006/367559.2 C-2
ACKNOWLEDGMENT
A notary public or other officer completing this
State of California San Bernardino
County of _
on _12/08/2020 before me, Abraham Viteri, Notary Public (insert name and title of the officer)
personally appeared GEORGE SOTIROPOULOS
who proved to me on the basis of satisfactory evidence to be the person($) whose names islate subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/theinauthorized capacity(ies), and that by his/ker/their signature(8). 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.
ABRAHAM VITERI
WITNESS my hand and official seal. COMM # 2251866
CESAN BERNARDINO County
California Notary Public
AN- Comm Exp. July 30, 2022:
Signature (Seal)
ISSUED IN ONE ORIGINAL COUNTERPART.
PREMIUM: $4,326.00
ORIGINAL Bond No.: 4440023
Contract No.: 2021-193
Approved: 6/16/20#lb
FAITHFUL PERFORMANCE BOND
PL16-0671
WHEREAS, the City Council of the City of Chino, State of California, hereinafter designated as "CITY" and Project No. PL16-0671 (Andy's Burgers) _ is hereby referred to and made a part hereof; and performance of said agreement. WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful NOW, THEREFORE, we, the Principal and SureTec Insurance Company surety, are held and firmly bound unto the City of Chino in the penal sum of One Hundred Ninety One Thousand Three Hundred and 00/100'...... and administrators, jointly and severally, firmly by these presents. States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors, 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 in full force and effect. employees, as therein stipulated, then this obligation shali become null and void; otherwise it shall be and remain be included costs and reasonable expenses and fees including reasonable attorneys' fees, incurred by City in As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the of time, alteration, or addition to the terms of the agreement or to the work or to the specifications. shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension on December 8, 2020 IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named, G&SS Restaurant Corporation SureTec Insurance Company
SURETY
Suiteph
By:
Julia B. Bales, Attorney In Fact
SIGNATURES MUST BE NOTARIZED
TRev. 04/2019)
POA# 510018
JOINT LIMITED POWER OF ATTORNEY
principal office in the County of Harris, Texas and Markel Insurance Company (the "Company"), a corporation duly organized and existing under the laws of the state KNOW ALL MEN BY THESE PRESENTS: That SureTec Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas and having its ofillinois, and having its principal administrative office in Glen Allen, Virginia, does by these presents make, constitute and appoint:
Kenneth A. Coate, Julia B. Bales, Stephanie Fisher, Renae Balderas Their true and lawful agent(s) and attorney(si-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on their own behalf, individually as a surety or Jointly, as co-sureties, and as their act and deed any and all bonds and other undertaking in suretyship provided; however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of:
Ten Milion and 00/100 Dollars ($10,000,000.00)
Insurance Company and Markel Insurance Company: This Power of Attamey is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Board of Directors of SureTec powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the "RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice President, Secretary, Treasurer and each of them hereby is authorized to execute company, qualiying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the SureTec Insurance Company and Markel Insurance Company, as the case may be, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, Markel Insurance Company and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the 7th day of December, 2020.
SureTec Insurance Company
Market Insurance Company
By:
Michael C. Keimig, President
Rebin Russo, Senior Vice President
Commonwealth of Virginia
County of Henrico SS:
qualified, came THE ABOVE OFFICERS OF THE COMPANIES, to me personally known to be the individuals and officers described in, who executed the preceding On this 7ih day of December, 2020A. O., before me, a Notary Public of the Commonwealth of Virginia, in and for the County of Henrico, duly commissioned and instrument, and they acknowledged the execution of same, and being by me duly sworn, disposed and said that they are the officers of the said companies aforesaid, and that the seals affixed to the proceeding instrument are the Corporate Seals of said Companles, and the said Corporate Seals and their signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of the said companies, and that Resolutions adopted by the Board of Directors of said Companies referred to in the preceding instrument is now in force.
MY
Donna Donavant, Notary Public
My commission expires 1/31/2023
foregoing is a full, true and correct copy is still in full force and effect and has that, been revoked.
IN WITNESS WHEREOF, we have hereunto set our hands, and affixed the Seals of said Companies, on the day DEC 0 8 2099 Markel insurance Company
MORt Satin IRA
Richard R. Grinnan, Vice President and Secretary
Any Instrument Issued in excess of the penalty stated above is totally void and without any validity. 510018 For verification of the authority of this Power you may call (713)812-0800 on any business day between 8:30 AM and 5:00 PM CST.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 XXXXXX
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 _ Riverside
DEC 0 8 2020 R. Balderas, Notary Public
On before me,
Date Here Insert Name and Title of the Officer
personally appeared Julia B. Bales
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 persons) 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.
R BALDERAS WITNESS my hand and official seal.
COMM. #2305953
NOTARY PUBLIC - CALIFORNLA
RIVERSIDE COUNTY Ribalderas
My Corone, Expires Sept 26, 2023 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
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 - D 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
ACKNOWLEDGMENT
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.
Sany oralitomia San Bernardino
On 12/08/2020
before me, Abraham Viteri, Notary Public
(insert name and title of the officer)
personally appeared GEORGE SOTIROPOULOS
subscribed to the within instrument and acknowledged to me that he/sne/they executed the same in who proved to me on the basis of satisfactory evidence to be the person whose name/s is/afe, his/her/their authorized capacity(igs), and that by his/bet/thetr signature(3), on the instrument the person(s); or the entity upon behalf of which the person(p) 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. ABRAHAM VITERI
COMM# 2251866
BRESAN BERNARDINO CouriyA
AV- California Notary Public
Signature Comm Exp. July 30, 2022:
(Seal)
ISSUED IN ONE ORIGINAL COUNTERPART. PREMIUM: INCLUDED IN THE
PREMIUM CHARGED FOR THE
PERFORMANCE BOND.
Bond No.: 4440023
ORIGINAL Contract No: 2021-193
Approved: 1/16/20 # 16
LABOR AND MATERIAL BOND
PL16-0671
G&SS Restaurant Corporation WHEREAS, the City Council of the City of Chino, State of California, hereinater designated as CITy" and public improvements, which said agreement, dated June 16, 2020 Project No. PL16-0671 (Andy's Burgers), 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 - Dollars ($95,700.00--) for
materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is 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 December 8, 2020
G&SS Restaurant Corporation SureTec Insurance Company
PRINCIPAL SURETY
«Bage Sepply
By:
Julia B. Bales, Attorney in Fact
SIGNATURE(S) MUST BE NOTARIZED
Rev. 04/2019) Page 1 of 1
POA#__ 510018
JOINT LIMITED POWER OF ATTORNEY
principal office in the County of Harris, Texas and Markel Insurance Company (the "Company"), a corporation duly organized and existing under the laws of the state KNOW ALL. MEN BY THESE PRESENTS: That SureTec Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas and having its of Illinois, and having its principal administrative office in Glen Allen, Virginia, does by these presents make, constitute and appoint:
Kenneth A. Coate, Julia B. Bales, Stephanie Fisher, Renae Balderas their own behalf, individually as a surety or jointly, as co-sureties, and as their act and deed any and ali bonds and other undertaking in suretyship provided; however, Their true and lawful agents) and attorney/s)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on that the penal sum of any one such instrument executed hereunder shall not exceed the sum of:
Ten Million and 00/100 Dollars ($10,000,000.00)
his Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Board of Directors of SureTe surance Company and Markel Insurance Company "RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice President, Secretary, Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the Insurance Company and Markel Insurance Company, as the case may be, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto." company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the SureTer signed by their duly authorized officers on the 7th day of Decambar, 2020. IN WITNESS WHEREOF, Markel Insurance Company and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be SureTec Insurance Company
Markel Insurance Company
mudalas
Michael C. Keimig, President By:
Commonwealth of Virginia Robin Russo, Senior Vice President County of Henrico SS:
qualified, came THE ABOVE OFFICERS OF THE COMPANIES, to me personally known to be the individuals and officers described in, who executed the preceding On this 7in day of Decomber, 2020 A. D., before me, a Notary Public of the Commonwealth of Virginia, In and for the County of Henrico, duly commissioned and and that the seals affixed to the proceeding instrument are the Corporate Seals of said Companies, and the said Corporate Seals and their signatures as officers were instrument, and they acknowledged the execution of same, and being by me duly sworn, disposed and said that they are the officers of the said companies aforesaid, duly affixed and subscribed to the said instrument by the authority and direction of the said companies, and that Resolutions adopted by the Board of Directors of said Companies referred to in the preceding instrument is now in force.
MY
COMMISSION By: L
NUMBER
7083968 Donna Donavant, Notary Public
My commission expires 1/31/2023
foregoing is-a full, true and correct copy is still in fuli force and effect and has hot, been revoked.
IN WITNESS WHEREOF, we have hereunto set our hands, and affixed the Seals of said Companies, on the _day DET 0 8 2020 Markel Insurance Company
Phen IRA
Бу:L
Richard R. Grinnan, Vice President and Secretary
Any Instrument Issued in excess of the penalty stated above is totally void and without any validity. 510018 For verification of the authority of this Power you may call 713)812-0800 on any business day between 8:30 AM and 5:00 PM CST. •
:
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the State of California
County of Riverside
On DEC 0 8 2020 _before me, _ R. Balderas, Notary Public Date Here Insert Name and Title of the Officer
personally appeared Julia B. Bales
Name(s) of Signers)
ho 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 persons! acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
BALDERAS of the State of California that the foregoing paragraph COMM. #2305953 is true and correct.
NOTARY PUBLIC - CALIFORNIA WITNESS my hand and official seal.
RIVERSIDE COUNTY
My Comm. Expiras Sept. 28, 2023
Abalderas
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
Title or Type of Document:
_ Document Date:
Number of Pages: , Signer(s) Other Than Named Above: _
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - • Limited • General • Individual • Attorney in Fact
• Individual • Attorney in Fact
• Trustee • Guardian or Conservator
LI 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
ACKNOWLEDGMENT
, 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
State of California
County of. San Bernardino
On 12/08/2020 Abraham Viteri, Notary Public
before me,.
(insert name and title of the officer)
personally appeared GEORGE SOTIROPOULOS
who proved to me on the basis of satisfactory evidence to be the person) whose names) islate. subscribed to the within instrument and acknowledged to me that he/she/theyzexecuted the same in his/hef/they authorized capacity(1eb), and that by his//her/thet signature(sh,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.
ABRAHAM VITERI
WITNESS my hand and official seal. COMM # 2251866
SAN BERNARDINO County
California Notary Public
Comm Exp. July 30, 2022
Signature. (Seal)
ISSUED IN ONE ORIGINAL COUNTERPART.
PERFORMANCE BOND.
Bond No.: 4440023
ORIGINAL Contract No: 2021-193
Approved: 6/16/20#16
WARRANTY BOND
PL16-0671
WHEREAS, the City Council of the City of Chino, State of California, hereinafter designated as "CITY" and G&ss Restaurant Corporation
rared to a made partnered, and _ and identified as Project No. PL16-0671 (Andy's Burgers)
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 SureTec Insurance Company _ as surety, are Hold and firmly bound unto the Coy of Chine in are 9, 0 Mineten Thousand are drey or 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, firmiy 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 harmiess 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 incided in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration, or additior 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 December 8, 2020
&SS Restaurant Corporatior SureTec-Insurance Company
SURETY
By Geel By:
Julia B. Bales, Attorney In Fact
SIGNATURE(S) MUST BE NOTARIZED
Rev. 04/2019) Page 1 of 1
:
POA#_ 510018
JOINT LIMITED POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That SureTec insurance Company, a Corporation duly organized and existing under the laws of the State of Texas and having its principal office in the County of Harris, Texas and Markel Insurance Company (the "Company"), a corporation duly organized and existing under the laws of the state of illinois, and having its principal administrative office in Glen Allen, Virginia, does by these presents make, constitute and appoint:
Kenneth A. Coate, Julia B. Bales, Stephanie Fisher, Renae Balderas Their true and lawful agents) and attorneys)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on their own behalf, individually as a surety or jointly, as co-sureties, and as their act and deed any and all bonds and other undertaking in suretyship provided; however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of:
Ten Million and 00/100 Dollars ($10,000,000.00)
This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Board of Directors of SureTec Insurance Company and Markel insurance Company:
"RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice President, Secretary, Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the SureTec Insurance Company and Markel Insurance Company, as the case may be, alf bond undertakings and contracts of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, Markel Insurance Company and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the 7th day of December, 2020.
SureTec Insurance Company
HISURANCE Markel insuragce Company
8 SEAL hillus
By: _.
Michael C. Keimig, President Robin Russo, Senior Vice President Commonwealth of Virginia
County of Henrico SS:
On this 7ün day of December, 2020 A.D., before me, a Notary Public of the Commonwealth of Virginia, in and for the County of Henrico, duly commissioned and qualified, came THE ABOVE OFFICERS OF THE COMPANIES, to me personally known to be the individuals and officers described In, who executed the preceding instrument, and they acknowledged the execution of same, and being by me duly sworn, disposed and said that they are the officers of the said companies aforesaid, and that the seals affixed to the proceeding instrument are the Corporate Seals of said Companies, and the said Corporate Seals and their signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of the said companies, and that Resolutions adopted by the Board of Directors of said Companies referred to in the preceding instrument is now in force.
MY
COMMISSION By: L
NUMBER
Donna Donavant, Notary Public
My commission expires 1/31/2023
foregoing is a full, true and correct copy Is still in full force and effect and had hot been revoked DEC 0 8 2020 IN WITNESS WHEREOF, we have hereunto set our hands, and affixed the Seals of said Companies, on the day of Markel Insurance Company
IRA
By:
Richard R. Grinnan, Vice President and Secretary
Any Instrument Issued in excess of the penalty stated above is totally void and without any validity. 510018 For verification of the authority of this Power you may call (713)812-0800 on any business day between 8:30 AM and 5:00 PM CST.
CIVIL CODE § 1189
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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 Riverside
R. Balderas, Notary Public
DEC 0 8 2020 before me,
On _ Here Insert Name and Title of the Officer
Date
Julia B. Bales
personally appeared 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/theit 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 , BALDERAS is true and correct.
R
COMM. #2305953 WITNESS my hand and official seal.
NOTARY PUBLIC - CALIFORMIA
RIVERSIDE COUNTY RBalduas
My Comm. Expires Sept. 26,2023
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 Document Date:
Title or Type of Document:
Signers) Other Than Named Above:
Number of Pages: _
Capacity(ies) Claimed by Signer(s) Signer's Name:
Signer's Name: _ • Corporate Officer - Title(s):
• Corporate Officer - Title(s): • Partner - • Limited C General • Partner - • Limited • General • Individual • Attorney in Fact • Individual [ Attorney in Fact • Guardian or Conservator • Guardian or Conservator • Trustee
• Trustee • Other:
• Other: Signer Is Representing:
Signer Is Representing:
Item #5907
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827)
ACKNOWLEDGMENT
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 San Bernardino
County of.
On 12/08/2020 before me, Abraham Viteri, Notary Public
(insert name and title of the officer)
personally appeared GEORGE SOTIROPOULOS
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/stre/they executed the same in his/bef/theifauthorized capacity(ies), and that by his/ber/their signature/s) on the instrument the person(s), 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.
ABRAHAM VITERI
WITNESS my hand and official seal. COMM # 2251866
29 SAN BERNARDINO County
California Notary Public
Comm xp. July 30, 2022
(Seal)