RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
CITY OF CHINO
PO BOX 667
CHINO, CA 91708-0667
ATTN: DEVELOPMENT SERVICES DEPARTMENT
Fee Exempt – Government Code 6103 SPACE ABOVE THIS LINE FOR RECORDER’S USE CERTIFICATE OF AGREEMENT COMPLIANCE DEVELOPMENT AGREEMENT/ANNUAL MONITORING REPORT 2023-24 WHEREAS, the City of Chino (“City”) and Chino Holding Company, Chino Preserve Development Corporation, and Chino Development Corporation (individually, “Owner” and collectively, “Owners”) entered into an Amended and Restated Development Agreement (“Agreement”) on June 6, 2023 related to several parcels of real property (“Property”) as described in the Agreement; and WHEREAS, the City Council of the City of Chino approved the Agreement by adoption of Ordinance No. 2023-011 on June 20, 2023; and WHEREAS, the City Clerk of the City of Chino recorded a copy of the Agreement with the County Recorder of San Bernardino County on July 26, 2023 as Document No. 2023-0182285, pursuant to Government Code Section 65868.5, in accordance with Section 4 of such Ordinance; and WHEREAS, On June 5, 2024, per the terms of the Development Agreement, Owners submitted an Annual Monitoring Report to the City for the years 2023-24; and WHEREAS, the City Manager submitted a report to the City Council containing the City staff analysis of such annual monitoring report, setting forth the evidence concerning good faith compliance with the terms of the Development Agreement and recommending findings on that issue; and WHEREAS, on July 2, 2024, the City Council reviewed the Annual Monitoring Report to ascertain the good faith compliance by Owners with the terms of the Development Agreement, and consistency of the Development during the term of the Development Agreement with respect to any schedule submitted by Owners for completion of all development of the Property within the term of the Development Agreement, together with the City staff’s analysis of the Annual Monitoring Report; and WHEREAS, Owners has requested the City to issue a Certificate of Compliance in accordance with Section 11.6 of the Development Agreement.
NOW THEREFORE, the City Council of the City of Chino hereby finds, determines, and declares as follows:
SECTION 1.
The Owners are in good faith compliance with the Development Agreement.
The City acknowledges that:
Per Section 4.3 “Schedule of Development” of the Development Agreement, Owners were required to prioritize Block 3 Low Density Residential Units. Owners are currently developing the required units in accordance with this requirement.
Per Section 4.3 “Schedule of Development” of the Development Agreement, Owners are required to develop an average of 100 units per year retroactively between July 1, 2020 through June 30, 2024 for a total of 400 units. This obligation has been completed.
Per Section 5.4 “RV Parking” of the Development Agreement, Owners were required to contract with a third party to provide for 50 recreational vehicle parking spaces at the College Park Community. Owners have contracted with a third party for such 50 RV spaces in accordance with this requirement.
Per Section 6.1 “Entry Signage and Monumentation” of the Development Agreement, Owners were required to pay to City $50,000 for monument signs at Garden Park and Forest Park. On July 26, 2023, Owners paid such amount to the City in accordance with this requirement.
For the period of July 1, 2023 through June 30, 2024, and based on the information known or made known to the City Council of the City of Chino after the most recent Review, the Development Agreement remains in effect; and no Owner is in default.
SECTION 2.
Any Owner may record this Certificate with the County Recorder.
Whether or not this Certificate is relied upon by an Owner or an assignee of transferee of an Owner, the City shall not be bound by such a Certificate if a default existed at the time of the Annual Review, but was concealed from or otherwise not known to the City Council of the City of Chino.
CITY OF CHINO
By:
Warren Morelion, AICP
Director of Development Services
ATTEST:
By:
Natalie Gonzaga, City Clerk
Lewis DA Cert of Compliance 2023-24 2