Agenda packet — Chino City Council, July 16, 2024 (part 2 of 3)

211

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 Orange
On March 6, 2019, before me, Rhonda Harper, Notary Public, personally appeared SondraHarris, who provedto meon thebasisof satisfactoryevidenceto betheperson(s) whose name( s) is/ afe subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in his/ her/ the4f 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, executedthe instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

Q RHONDA HARPER
t, Notary Public - California
WITNESS my hand and official seal. z OrangeCounty
Z
kTS ' Commission # 2151999 It
My Comm.ExpiresMay30_2020
Sig . ture) Affix Seal)
212

NOTARY ACKNOWLEDGMENT

STATE OF COLORADO
ss.

COUNTY OF DENVER
Theforgoinginstrumentwasacknowledgedbeforemethis5thdayofMarch,2019byKathleenK. Freund, Attorney-in-FactforTheHanoverInsuranceCompany, aNewHampshire corporation, on behalfof thecorporation.

NATHAN MULHAUSER
Notary Public
State of Colorado
Notary ID#
2006403863946- 4.''/j, G•
0My Commission Expires 9 22-22-2022
Not y Public
My Commission Expires:

September 22, 2022
213

THEHANOVERINSURANCECOMPANY

MASSACHUSETTSBAYINSURANCECOMPANY

CITIZENSINSURANCECOMPANYOFAMERICA

POWERS OF ATTORNEY

CERTIFIED COPY
KNOWALLMENBYTHESEPRESENTS: ThatTHEHANOVERINSURANCECOMPANYandMASSACHUSETTSBAYINSURANCECOMPANY,bothbeingcorporationsorganizedandexistingunderthelawsoftheStateofNewHampshire,andCITIZENSINSURANCECOMPANYOFAMERICA,acorporationorganizedandexistingunderthelawsoftheStateofMichigan,doherebyconstituteandappoint JosephR.Poplawski,KathleenK.Freund,MargaritaHolguinand/orStacyKillebrew ofDenver,COandeachisatrueandlawfulAttorney(s)-in-facttosign,execute,seal,acknowledgeanddeliverfor,andonitsbehalf,andasitsactanddeedanyplacewithintheUnitedStates,or,ifthefollowinglinebefilledin,onlywithintheareathereindesignatedanyandallbonds,recognizances,undertakings,contractsofindemnityorotherwritingsobligatoryinthenaturethereof,asfollows:

Any such obligations in the United States, not to exceed Twenty Million and No/ 100($ 20,000,000) in any single instance andsaidcompaniesherebyratifyandconfirmallandwhatsoeversaidAttorney(s)-in-factmaylawfullydointhepremisesbyvirtueofthesepresents.TheseappointmentsaremadeunderandbyauthorityofthefollowingResolutionpassedbytheBoardofDirectorsofsaidCompanieswhichresolutionsare still in effect:

RESOLVED,ThatthePresidentoranyVicePresident,inconjunctionwithanyVicePresident,beandtheyareherebyauthorizedandempoweredtoappointAttorneys-in-factoftheCompany,initsnameandasitsacts,toexecuteandacknowledgeforandonitsbehalfasSuretyanyandallbonds,recognizances,contractsofindemnity,waiversofcitationandallotherwritingsobligatoryinthenaturethereof,withpowertoattachtheretothesealoftheCompany.AnysuchwritingssoexecutedbysuchAttorneys-in-factshallbeasbindingupontheCompanyasiftheyhadbeendulyexecutedandacknowledgedbytheregularlyelectedofficersoftheCompanyintheirownproperpersons."(AdoptedOctober7, 1981 -TheHanoverInsuranceCompany;AdoptedApril14, 1982-MassachusettsBayInsuranceCompany;AdoptedSeptember7,2001-CitizensInsuranceCompanyofAmerica) INWITNESSWHEREOF, THEHANOVERINSURANCECOMPANY, MASSACHUSETTSBAYINSURANCECOMPANYandCITIZENSINSURANCECOMPANYOFAMERICAhavecausedthesepresentstobesealedwiththeirrespectivecorporateseals,dulyattestedbytwoVicePresidents,this 3rd day of April 2012.

THEHANOVERINSURANCECOMPANYIpotrOb

MASSACHUSETTSBAYINSURANCECOMPANY
OA ;„` ``'-

CITIZENS URANCE OMPANYOF AMERICA
1974
RobertThomas,Vice President

THE COMMONWEALTH OF MASSACHUSETTS )
COUNTY OF WORCESTER ss. Joe renstrom, is President
Onthis3rddayofApril2012beforemecametheabovenamedVicePresidentsofTheHanoverInsuranceCompany, MassachusettsBayInsuranceCompanyandCitizensInsuranceCompanyofAmerica,tomepersonallyknowntobetheindividualsandofficersdescribedherein,andacknowledgedthatthe sealsaffixedtotheprecedinginstrumentarethecorporatesealsofTheHanoverInsuranceCompany,MassachusettsBayInsuranceCompanyandCitizensInsuranceCompanyofAmerica, respectively, andthatthesaidcorporatesealsandtheirsignaturesasofficersweredulyaffixedandsubscribedtosaidinstrumentby the authority and direction of said Corporations.

A"•' BARBARA A. GARLICK
j
F Notary Public
6„ r r .
1 r CommonweafihofMasaadwsNts leN' fommasionEvil Sept.21,2018 Barbara A. Garlick, Notary Public
My Commission Expires September 21, 2018
I,theundersignedVicePresidentofTheHanoverInsuranceCompany,MassachusettsBayInsuranceCompanyandCitizensInsuranceCompanyofAmerica,herebycertifythattheaboveandforegoingisafull,trueandcorrectcopyoftheOriginalPowerofAttorneyissuedbysaidCompanies,anddoherebyfurthercertify that the said Powers of Attorney are still in force and effect.

ThisCertificatemaybesignedbyfacsimileunderandbyauthorityofthefollowingresolutionoftheBoardofDirectorsofTheHanoverInsuranceCompany,MassachusettsBayInsuranceCompanyandCitizensInsuranceCompanyofAmerica.

RESOLVED,ThatanyandallPowersofAttorneyandCertifiedCopiesofsuchPowersofAttorneyandcertificationinrespectthereto,grantedandexecutedbythePresidentoranyVicePresidentinconjunctionwithanyVicePresidentoftheCompany,shallbebindingontheCompanytothesameextentasifall signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile." ( Adopted October 7, 1981 - The HanoverInsuranceCompany;AdoptedApril14,1982-MassachusettsBayInsuranceCompany;AdoptedSeptember7,2001-CitizensInsuranceCompanyofAmerica) GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 5` h
day of March 2019.

THE HANOVER INSURANCE COMPANY

MASSACHUSETTSBAY INSURANCECOMPANY

CITIZENSINSURANCECOMPANYOF AMERICA

40.44-4-1
n
Stilts....

Margosian, Vice President
214

EXECUTED IN TRIPLICATE)
Bond No.: 1074986
Contract No.:

Approved:

WARRANTY BOND
Tract Map No. 18479
WHEREAS, theCityCounciloftheCityofChino, StateofCalifornia, hereinafterdesignatedasCITY" and RICHMOND AMERICAN HOMES,' hereinafter designated as " PRINCIPAL," have entered intoanagreementwherebyPrincipalhasagreedtowarrantandguaranteetheinstallation, completion,andmaintenanceofcertaindesignatedpublicimprovements, whichsaidagreement, datedFebruary5th, 2019, andidentifiedasProjectNo. TractMapNo. 18479, isherebyreferredtoandmadeaparthereof;and of Maryland, Inc.

WHEREAS, saidPrincipalisrequiredunderthetermsofsaidagreementtofurnishabondforthewarranty of said improvements.

NOW, THEREFORE, we, the Principal, and The Hanover Insurance Company , as surety, are heldandfirmlybounduntotheCityofChinointhepenalsumofForty-SevenThousandNineHundredDollars ($ 47,900.00) lawfulmoneyoftheUnitedStates, forthepaymentofwhichsumwellandtrulytobemade, webindourselves, ourheirs, successors, executors, andadministrators,jointlyandseverally,firmly by these presents.

TheconditionofthisobligationissuchthatiftheaboveboundPrincipal, hisoritsheirs,executors, administrators, successors, orassigns, shallinallthingsstandtoandabideby, andwellandtrulykeepandperformthecovenants, conditions,andprovisionsinsaidagreementandanyalterationthereofmade asthereinprovided, onhisortheirpart, tobekeptandperformedthereofmadeasthereinprovided, on hisoritspart,tobekeptandperformedatthetimeandinthemannerthereinspecified,andinallrespects accordingtotheirtrueintentandmeaning, andshallindemnifyandsaveharmlessCity, itsofficers, agents, andemployees, asthereinstipulated, thenthisobligationshallbecomenullandvoid; otherwise it shall be and remain in full force and effect.

As a part of the obligationsecuredhereby, and in additionto the face amountspecifiedtherefor, thereshallbe includedcostsandreasonableexpensesandfeesincludingreasonableattorneys' fees, incurredbytheCityinsuccessfullyenforcingsuchobligation, alltobetaxedascostsandincludedinany judgment rendered.

Thesuretyherebystipulatesand agreesthat no change, extensionof time, alteration, or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanyingthe sameshallin anywayaffectitsobligationsonthis bond, andit doesherebywaive noticeof anysuch change, extensionof time, alteration, or additionto the terms of the agreementor to the work or to the specifications.

INWITNESSWHEREOF, thisinstrumenthasbeendulyexecutedbyPrincipalandSuretyabove named, on March 5 , 2019
snf Mari land Ins, The HanoverInsuranceCompanyINCC L S RETY By: By:

Kathleen K. Freund,Attorney-in-Fact

SIGNATURE( S) MUST BE NOTARIZED
Document No. 19808( PWFORMS\ BONDS- Warranty\ rev. 04/ 2017) Page 1 of 1 215

CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT
A notarypublic or otherofficer completingthis
certificate verifies only the identity of the individual who signed the document to which this certificate is attached, andnotthetruthfulness, accuracy, orvalidityofthat
document.

State of California
County of Orange
On March6, 2019, beforeme, RhondaHarper, NotaryPublic, personallyappeared SondraHarris, whoprovedto meonthebasisof satisfactoryevidenceto betheperson(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that lie/ she/ they executed the same in his/ her/ their authorized capacity( ies), and that by his/ her/ their signature( s) on the instrument the person( s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

RHONDA HARPER
WITNES myhand and official seal.
c Notary Public California
Z 3 Orange County z
Commission # 2151999 >
f;" My Comm. Expires May 30_ 2020
i
Signature) Affix Seal)
216

NOTARY ACKNOWLEDGMENT

STATE OF COLORADO
ss.

COUNTY OF DENVER
Theforgoinginstrumentwasacknowledgedbeforemethis5thdayofMarch, 2019byKathleenK. Freund, Attorney-in-FactforTheHanoverInsuranceCompany, aNewHampshire corporation, on behalfof thecorporation.

NATHAN MULHAUSER
Notary Public
State of Colorado
Notary ID# 20064038639
My Commission Expires 09- 22- 2022
Notary Public
My Commission Expires:

September 22, 2022
217

THE HANOVER INSURANCE COMPANY

MASSACHUSETTSBAYINSURANCECOMPANY

CITIZENSINSURANCECOMPANYOFAMERICA

POWERS OF ATTORNEY

CERTIFIED COPY
KNOWALLMENBYTHESEPRESENTS: ThatTHEHANOVERINSURANCECOMPANYandMASSACHUSETTSBAYINSURANCECOMPANY,bothbeingcorporationsorganizedandexistingunderthelawsoftheStateofNewHampshire,andCITIZENSINSURANCECOMPANYOFAMERICA,acorporationorganizedandexistingunderthelawsoftheStateofMichigan,doherebyconstituteandappoint JosephR.Poplawski,KathleenK.Freund,MargaritaHolguinand/orStacyKillebrew ofDenver,COandeachisatrueandlawfulAttorney(s)-in-facttosign,execute,seal,acknowledgeanddeliverfor,andonitsbehalf,andasitsactanddeedanyplacewithintheUnitedStates,or,ifthefollowinglinebefilledin,onlywithintheareathereindesignatedanyandallbonds,recognizances,undertakings,contractsof indemnityor otherwritingsobligatoryin thenaturethereof,asfollows:

RESOLVED,ThatthePresidentoranyVicePresident,inconjunctionwithanyVicePresident,beandtheyareherebyauthorizedandempoweredtoappointAttorneys-in-factoftheCompany,initsnameandasitsacts,toexecuteandacknowledgeforandonitsbehalfasSuretyanyandallbonds,recognizances, contractsofindemnity,waiversofcitationandallotherwritingsobligatoryinthenaturethereof,withpowertoattachtheretothesealoftheCompany.AnysuchwritingssoexecutedbysuchAttorneys-in-factshallbeasbindingupontheCompanyasiftheyhadbeendulyexecutedandacknowledgedbytheregularlyelectedofficersoftheCompanyintheirownproperpersons."(AdoptedOctober7, 1981 -TheHanoverInsuranceCompany;AdoptedApril14, 1982-MassachusettsBayInsuranceCompany;AdoptedSeptember7,2001-CitizensInsuranceCompanyofAmerica) INWITNESSWHEREOF, THEHANOVERINSURANCECOMPANY, MASSACHUSETTSBAYINSURANCECOMPANYandCITIZENSINSURANCE COMPANYOFAMERICAhavecausedthesepresentstobesealedwiththeirrespectivecorporateseals,dulyattestedbytwoVicePresidents, this 3rd day of April 2012.

THE HANOVER INSURANCE COMPANY
ft—.)
d„
0 MASSACHUSETTSBAY INSURANCECOMPANYt ``'=, CITIZENS URANCE OMPANYOFAMERICA Robert Thomas, Vice President

THE COMMONWEALTH OF MASSACHUSETTS )
COUNTY OF WORCESTER ss. Joe renstrom, is President
Onthis3rddayofApril2012beforemecametheabovenamedVicePresidentsofTheHanoverInsuranceCompany, MassachusettsBayInsuranceCompanyandCitizensInsuranceCompanyofAmerica,tomepersonallyknownto betheindividualsandofficersdescribedherein,andacknowledgedthatthe sealsaffixedtotheprecedinginstrumentarethecorporatesealsofTheHanoverInsuranceCompany,MassachusettsBayInsuranceCompanyandCitizens InsuranceCompanyof America, respectively, andthatthesaid corporatesealsandtheirsignaturesas officersweredulyaffixedandsubscribedto said instrumentby the authority and direction of said Corporations.

BARBARA A. GARLICK
r7 ` CommonNwoaaryMlcad wNe
C9a.' 2 / C/. 0
r
f
uy CommissionEzaraSept.21,2098
Barbara A. Garlick, Notary Public
My Commission Expires September 21, 2018
I,theundersignedVicePresidentofTheHanoverInsuranceCompany,MassachusettsBayInsuranceCompanyandCitizensInsuranceCompanyofAmerica, herebycertifythattheaboveandforegoingisafull,trueandcorrectcopyoftheOriginalPowerofAttorneyissuedbysaidCompanies,anddoherebyfurthercertify that the said Powers of Attorney are still in force and effect.

ThisCertificatemaybesignedbyfacsimileunderandbyauthorityofthefollowingresolutionoftheBoardofDirectorsofTheHanoverInsuranceCompany,MassachusettsBay Insurance Company and Citizens Insurance Company of America.

RESOLVED,ThatanyandallPowersofAttorneyandCertifiedCopiesofsuchPowersofAttorneyandcertificationinrespectthereto,grantedandexecuted bythePresidentoranyVicePresidentinconjunctionwithanyVicePresidentoftheCompany,shallbebindingontheCompanytothesameextentasifall signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile." ( Adopted October 7, 1981 - The HanoverInsuranceCompany;AdoptedApril14,1982-MassachusettsBayInsuranceCompany;AdoptedSeptember7,2001-CitizensInsuranceCompanyofAmerica) GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 5th day of March 2019.

THE HANOVER DURANCE COMPANY

MASSACHUSETTS BAY INSURANCE COMPANY

CITIZENSINSURANCECOMPANYOF AMERICA
prate.—
n Margosian, Vice President
218

9. 10

MEMORANDUM

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT
COUNCIL MEETING DATE: MARCH 5, 2019
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR SUBJECT: FINAL TRACT MAP NO. 18479.

RECOMMENDATION
1) ApproveTractMapNo. 18479includingacceptingdedicationof rightof wayfor interior streets; 2) approve the Subdivision Improvement Agreement and securities; and 3) authorize theCityManagerto executethenecessarydocumentson behalfof theCity.

FISCAL IMPACT
There is no direct fiscal impact to the City.

Revenue: Expenditure:

Transfer In: Transfer Out:

CM/SENT CALENDAR Packet Pg 95
219

9. 10
COUNCIL MEETING DATE: MARCH 5, 2019
SUBJECT: FINAL TRACT MAP NO. 18479
PAGE 2

BACKGROUND
Tract Map No. 18479, as presented by Richmond American Homes, consists of 68 residential lots on approximately 9. 3 acres located near the northwest corner of Bickmore and Hellman Avenues ( Exhibit A). Tentative Tract Map No. 18479, processed by Lewis Communities, was conditionallyapproved by the City of Chino PlanningCommissionon June 30, 2015, as a part of the Harvest at The Preserve development.

ISSUES/ ANALYSIS
During the public testimony at the December 3, 2018 Planning Commission meeting for Site Approval PL18- 0075, which is an application for the development of homes within the tract, a discrepancy was discovered on the map regarding the Map' s private streets and sidewalk widths. Additionally, it was pointed out that the City's current Subdivision Ordinance ( adopted in 2010) does not allow private streets in single-family home developments. The Preserve Development Agreement, adopted in 2004, allows maps processed by Lewis Communities to conform to the subdivision ordinance that was in effect at the time of the Agreement, which had no such prohibition on private streets. Due to the potential issues that may stem from private streets and infrastructure during the construction/acceptance process, as well as potential maintenance issues in the long term, the Planning Commission conditioned the projects to convert the private streets to public.

Staff collaborated with the City Attorney, Richmond American, and Lewis Communities to resolve the discrepancies of converting the private streets to public, widening the sidewalks from four feet to five feet in width, and addressing the infrastructure that has been constructed.

Following discussion, the Planning Commission unanimously approved these major revisions to the Site Approval.

The City Engineer determined that the internal roads needed to be public right-of-way and that the sidewalk needed to be five feet in width to be in conformance with the Municipal Code and City Standards, respectively. The revised maps have been reviewed and it is ready for Council's consideration. It should be noted that approval of this change would also require an adjustment to the Subdivision Improvement Agreements and amount of the necessary securities to guarantee the construction of public improvements as the roads, sidewalk and water improvementsare public. The City Attorneywill review and approve the securities to be posted.

Attachments: Subdivision Improvement Agreement( Water Improvements) Subdivision Improvement Agreement ( Street Improvements) Exhibit A - Tract Map No. 18479
MISENT CALENDARNDAR Packet Pg. 96
220

SUBDIVISION IMPROVEMENT AGREEMENT
between

CITY OF CHINO
and

RICHMOND AMERICAN HOMES
01225. 0006/ 369377. 1 Updated 11- 2017
221

SUBDIVISIONIMPROVEMENTAGREEMENTBETWEEN

THE CITY OF CHINO
AND

RICHMOND AMERICAN HOMES
Agreement Date: March 5th, 2019
Subdivider Name: Richmond American Homes (hereinafter" Subdivider) Subdivision Description: Tract Map No. 19935 — 73 residential lots on approximately 10.3 acres located near the northwest corner of Bickmore and Hellman Avenues ( hereinafter Subdivision")
Tentative Map No.: 19935 - Approval Date: June 30th, 2015 hereinafter" Approved Tentative Map")
Estimated Total Cost of Improvements: $ 740, 220. 00
Estimated Total Cost of Monumentation: $ 19, 040. 00 ( based upon the plans, including individual lots, subdivision boundary and public improvements).

Security:

Bond No.: 1074987
Surety: The Hanover Insurance Company
01225. 0006/ 369377. 1
222
Designees for the Service of Written Notice:

CITY: SUBDIVIDER:

Christopher L. Magdosku Richmond American Homes
City Engineer
Rola A. Nicasio
13220 Central Avenue Senior Project Manager
Chino, CA 91710 5171 California Avenue, Ste. 106
Irvine, CA 92617
909) 334- 3417 rola. nicasio@mdch. com
949) 279- 0398

CITY PROJECT INSPECTOR SURETY
Ronnie Hernandez
Permit & Inspection Supervisor The Hanover Insurance Company 13220 Central Avenue
Chino, CA 91710
909) 334- 3433
01225. 0006/ 369377. 1
223

TABLE OF CONTENTS

1. Construction Obligations 1

1. 1 Works of Improvement

1. 2
OtherObligationsReferencedinConditionsofTentativeMapApproval

1. 3 Intent of Plans

1. 4 Survey Monuments

1. 5 Performance of Work

1. 6 Changes in the Work

1. 7 Defective Work

1. 8 No Warranty by City

1. 9 Authority of the City Engineer

1. 10 DocumentsAvailable at the Site

1. 11 Inspection

1. 12 Compliance with Law; Applicable Standards for Improvements

1. 13 Suspension of Work

1. 14 Erosion and Dust Control and Environmental Mitigation

1. 15 Final Acceptance of Works of Improvement

1. 16 Vesting of Ownership

1. 17 Subdivider's Obligationto Warn Public DuringConstruction

1. 18 Injuryto Public Improvements, PublicPropertyor Public Utility

2. Time for Performance 5

2. 1 Commencement and Completion Dates

2. 2 Phasing Requirements

2. 3 Force Majeure

2. 4 Continuous Work

2. 5 Reversion to Acreage

3. Labor 6

3. 1 Labor Standards

3. 2 Nondiscrimination

3. 3 Licensed Contractors

3. 4 Workers' Compensation

4. Security 7

4. 1 Required Security

4. 2 Form of Security Instruments

4. 3 Subdivider' s Liability

4. 4 Letters of Credit

4. 5 Release of Security Instruments

5. Cost of Construction and Provision of Inspection Service 10

5. 1 Subdivider Responsible for All Related Costs of Construction 01225. 0006/ 369377. 1
224

5. 2
PaymenttoCityforCostofRelatedInspectionandEngineeringServices5. 3 Payment of Development Impact Fees

6. Acceptance of Offers of Dedication 10

7. Warranty of Work 11

8. Default 11

8. 1 Default by Subdivider

8. 2 Remedies

8. 3 Notice of Violation

8. 4 Remedies Not Exclusive

8. 5 Attorney' s Fees and Costs

8. 6 Waiver

9. Indemnity/ Hold Harmless 12

10. Subdivider' s Indemnity of Project Approval 13

11. Insurance Requirements 14

12. Environmental Warranty 16

13. General Provisions 17

13. 1 Successors and Assigns

13. 2 No Third- Party Beneficiaries

13. 3 No Vesting Rights

13. 4 Subdivider is Not Agent of City

13. 5 Time of the Essence

13. 6 Notices

13. 7 No Apportionment

13. 8 Severability

13. 9 Captions

13. 10 Incorporation of Recitals

13. 11 Interpretation

13. 12 Entire Agreement; Waivers and Amendments

13. 13 Counterparts

14. Authority 18
01225. 0006/ 369377. 1
225

SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT ( this " Agreement") is enteredintothis5thdayof March, 2019, byandbetweentheCITYOFCHINO, a municipal corporation, organizedandexistingintheCountyofSanBernardino, underandbyvirtueofthelaws of the State of California, (" CITY"), and RICHMOND AMERICAN HOMES (Subdivider").

RECITALS
A.

Subdivideristheownerof, andhasobtainedapprovalof a subdivisionmapidentified as Tentative Tract Map No. 19935, ( the " Map"), locatedin the City of Chino, Countyof San Bernardino, State of California ( the " Property"), as described on Exhibit " A". The Map requiresSubdividerto complywith certainconditionsof approvalfor the developmentof the Property ( the " Conditions") as described on Exhibit " B".

B. Pursuantto the Conditions, Subdivider, by the Map, has offeredfor dedicationto Cityfor publicuseof thestreetsandeasementsshownonthe Map. Citydesiresto acceptthe streets and easements shown on the Map for public use, and certain other improvements described in this Agreement.

C. Subdividerhas deliveredto City, and City has approved, plansand specifications and related documents for certain " Works of Improvement" ( as hereinafter defined) which are required to be constructed and installed in order to accommodate the development of the Property.

D. Subdivider' s agreement to construct and install the Works of Improvement pursuant to this Agreement and its offer of dedication of the streets, easements and other improvements and facilities, as shown on the Map, are a material consideration to City in approving Tract Map No. 19935 for the Property and permitting development of the Property to proceed.

COVENANTS
Based upon the foregoing Recitals which are incorporated herein by reference and in consideration of City' s approving the Map for the Property and permitting development of the Property to proceed, Subdivider agrees to timely perform all of its obligations as set forth herein.

1. Construction Obligations.

1. 1. Works of Improvement. Subdivider agrees, at its sole cost and expense, to construct or install, or cause to be constructed or installed the street improvements more fully described in Exhibit " B" attached hereto ( the " Works of Improvement"), as the same may be supplemented and revised from time to time as set forth in this Agreement ( said plans and specifications, together with all related documents, the " Plans"). The estimated construction cost for the Works of Improvement is $ 740, 220. 00.
01225. 0006/ 369377. 1 1 of 19
226

1. 2. Other Obligations Referenced in Conditions of Tentative Map Approval. Inaddition to the foregoing, SubdividershallsatisfyalloftheConditionsontheMapfortheProperty. TheConditionsassociatedwiththeMapareincludedinExhibit "B" attachedhereto.

1. 3. Intent of Plans.

TheintentofthePlansreferencedinSection1.1istoprescribea completeworkofimprovementwhichSubdividershallperformorcausetobeperformedinamanner acceptable to the City Engineer, ( or designee), and in full compliance with all codesand the terms of this Agreement. Subdividershall completea functionalor operable improvementorfacility, eventhoughthePlansmaynotspecificallycalloutallitemsofwork requiredforSubdivider'scontractortocompleteitstasks, incidentalappurtenances, materials,and the like.

Ifanyomissionsaremadeorinformationnecessarytocarryoutthefullintent andmeaningofthePlans, Subdivideroritscontractorshallimmediatelynotifyitsdesign engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In theeventofanydoubtorquestionarisingregardingthetruemeaningof anyofthePlans, referenceshallbe madetothe CityEngineerwhosedecisionthereonshallbefinal.

Subdivider recognizes that the Plans consist of general drawings. All authorized alterationsaffectingtherequirementsandinformationgivenonthePlansshallbeinwriting andapprovedbytheCityEngineer. ThePlansshallbesupplementedbysuchworkingorshopdrawings as are necessary to adequately control the work. Withoutthe City Engineer's prior written approval,
no changeshall be madeby Subdivideror its contractorto any plan, specification, or working or shop drawing after it has been stamped as approved.

1. 4. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments as shown on Tract Map No. 19935 in accordance with the provisionsof theStateSubdivisionMapActandtheSubdivisionOrdinanceof theCityofChino. Subdividershall providesecurityfor suchobligationas providedin Section4.1(a)(iii) and, aftersettingthe monuments, Subdividershallfurnishthe City Engineerwrittennoticeof thesettingof saidmonumentsandwrittenproofof havingpaidtheengineeror surveyorfor the setting of said monuments.

1. 5. Performance of Work. Subdivider shall furnish or cause to be furnished all materials, labor, tools, equipment, utilities, transportation, andincidentalsrequiredto perform Subdivider' s obligations under this Agreement.

1. 6. Changes in the Work. The City Engineer, without invalidatingthis 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 Improvementasspecifiedhereinor as deemednecessaryor desirablebythe CityEngineeras determinednecessarytoaccomplishthepurposesofthisAgreementandto protectthepublic health, safety, orwelfare. TheCityEngineershallnotifySubdivideror itscontractorinwriting by CorrectionNotice) at the time a determinationhas beenmadeto requirechangesin the work.

NofieldchangesperformedorproposedbySubdivideroritscontractorshallbebinding onCityunlessapprovedinwritingbytheCityEngineer. TheCityandSubdividermaymutually agree upon changes to the Works of Improvement, subject to the security requirements in Section 4.

1. 7. Defective Work. Subdivider shall cause its contractor to repair, reconstruct, replace, or otherwise make acceptable any work found by the City Engineer to be defective. 01225. 0006/ 369377. 1 2 of 19
227

1. 8. No Warranty by City. ThePlansfor the Worksof Improvementhavebeen preparedbyoronbehalfofSubdivideroritsconsultantsorcontractors, andCitymakesno representationorwarranty, expressorimplied, toSubdividerortoanyotherpersonregardingthe adequacyof the Plans or relateddocuments.

1. 9.

AuthorityoftheCityEngineer. InadditiontotheauthoritygrantedtotheCityEngineerelsewhereinthisAgreement, theCityEngineershallhavetheauthoritytodecideall questionswhichmayariseastothequalityandacceptabilityofmaterialsfurnishedandwork performed, andallquestionsastothesatisfactoryandacceptablefulfillmentofthetermsofthis Agreement by Subdivider and its contractor.

1. 10. Documents Available at the Site.

Subdividershallcauseitscontractortokeepa
copyofallapprovedPlansatthejobsiteandshallgiveaccesstheretototheCity'sinspectorsand engineers at all times.

1. 11.

Inspection. Subdividershallhaveanauthorizedrepresentativeonthejobsiteatalltimesduringwhichworkis beingdonewhohasfullauthorityto actforSubdivider, orits design engineer, and Subdivider' s contractor( s) regarding the Works of Improvement.

SubdividershallcauseitscontractortofurnishtheCitywitheveryreasonablefacilityfor ascertainingwhetheror not the Worksof Improvementas performedare in accordancewith the requirements and intent of this Agreement, including the Plans. If the City inspector requests it, the Subdivider' s contractor, at any time before acceptance of the Works of Improvement, shallremoveoruncoversuchportionsofthefinishedworkasmaybedirectedwhich have not previously been inspected. After examination, the Subdivider's contractor shall restore said portions of the work to the standards required hereunder. Inspection or supervisionby the City Engineer (or designee) shallnot be consideredas directcontrolof the individual workmen on the job site.

City's inspectorsshallhavetheauthorityto stopanyand
allworknotinaccordancewiththe requirementscontainedor referencedin thisAgreement.

1. 12. Compliance with Law; Applicable Standards for Improvements. In addition to the expressprovisions of this Agreement and the Plans, Subdividershall cause construction of the Works of Improvementto be completed in accordancewith all other applicable federal, state, andlocallaws, ordinances, rulesandregulations. Inaddition, withoutlimitingtheforegoing, the Subdividershall, atitsexpense, obtainandcomplywiththeconditionsofallnecessarypermits andlicensesfortheconstructionoftheWorksofImprovement. TheSubdividershallalsogive all necessarynotices and pay all fees and taxes as required by law.

Subdividershallconstructthe improvementsin accordancewiththe Citystandardsin effectat the time of the adoptionof the ApprovedTentativeMap. City reservesthe rightto protectthe publicsafetyor welfareor complywithapplicableFederalor Statelawor City zoning ordinances.

1.13. Suspensionof Work. The CityEngineershallhaveauthorityto ordersuspension of the workfor failureof the Subdivider's contractorto complywith law pursuantto Section 01225. 0006/ 369377. 1 3 of 19
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1. 12.

Incaseofsuspensionofworkforanycausewhatsoever, Subdivideranditscontractor shallberesponsibleforallmaterialsandshallstorethemproperlyif necessary, andshall providesuitableinterimdrainageand/ordustcontrolmeasures, anderecttemporarystructures where necessary.

1. 14. Erosion and Dust Control and Environmental Mitigation. All grading, landscaping, andconstructionactivitiesshallbeperformedina mannerto controlerosionandpreventflooding problems. TheCityEngineershallhavetheauthorityto requireerosionplansto prescribereasonablecontrolsonthemethod, manner, andtimeof grading, landscaping, and construction activities to prevent nuisances to surrounding properties. Plans shall include without limitation temporary drainage and erosion control requirements, dust control procedures, restrictions on truck and other construction traffic routes, noise abatement procedures, storage of materials and equipment, removal of garbage, trash, and refuse, securing the job site to prevent injury, and similar matters.

1. 15. Final Acceptanceof Works of Improvement. After Subdivider's contractorhas completedall of the Worksof Improvement, Subdividershallthenrequesta final inspectionof the work. If itemsarefoundbythe City's inspectorsto be incompleteor not in compliancewith thisAgreementoranyoftherequirementscontainedor referencedherein, Citywill informthe Subdivideror its contractorof such items. After the Subdivider's contractorhas completed these items, the procedure shall then be the same as specified above for the Subdivider's contractor' s initial request for final inspection. If items are found by City's inspectors to be incomplete or not in compliance after two ( 2) " final" inspections, the City may require the Subdivider or its contractor, as a condition to performingfurther field inspections, to submit in writinga detailedstatementof the work performedsubsequentto the date of the previous inspection which was found to be incomplete or not in compliance at that time. Subdivider shall be responsible for payment to City Engineer of re-inspection fees in the amount necessaryto coverthe City's costsfor additionalfinal inspections, as determinedby the City Engineer.

No inspection or acceptance pertaining to specific parts of the Works of Improvement shallbe construedasfinalacceptanceof anypartuntilthe overallfinalacceptanceby the City Engineer is made. The City Engineer shall make a certification of completion and acceptance on theWorksof Improvementby recordationof a Noticeof Acceptanceon behalfof the City.

Final acceptance shall not constitute a waiver by the City Engineer of defective work subsequently discovered.

The date on which the Works of Improvement will be considered as complete shall be the date of the Notice of Acceptance.

1.16. Vestingof Ownership. Uponrecordationof the Noticeof Acceptance, ownership of the Works of Improvement shall vest in the City.

1. 17. Subdivider' s Obligation to Warn Public During Construction. Until recordation of the Notice of Acceptance, Subdivider shall give good and adequate warning to the public of any dangerous condition of the Works of Improvements, and shall take reasonable actions to protect the public from such dangerous condition. Until recordation of the Notice of Acceptance, Subdivider shall provide forty- eight ( 48) hours' advance written notice to all 01225. 0006/ 369377. 1 4 of 19
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neighboringpropertyownersandtenantsaffectedby Subdivider's operationsor constructionof the hours, dates and duration of any plannedconstructionactivities.

1. 18. Injuryto PublicImprovements, PublicPropertyor PublicUtility. Untilrecordation oftheNoticeofAcceptanceoftheWorksofImprovement, Subdividerassumesresponsibilityforthecareandmaintenanceof, andanydamageto, theWorksofImprovements. Subdivider shallreplaceorrepairallWorksof Improvements, publicproperty, publicutilityfacilities, and surveying or subdivision monuments and benchmarks which are destroyed or damaged for any reason, regardless whether resulting from the acts of the Subdivider, prior to the recordation of the Notice of Acceptance. Subdivider shall bear the entire cost of such replacementor repairsregardlessof whatentityownsthe underlyingproperty. Anyrepairor replacementshallbeto thesatisfaction, andsubjectto the approval, of the CityEngineer.

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 Improvementsprior to recordationof the Noticeof 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, Subdivider shall ( i) commence with construction and installation of the Works of Improvement thirty ( 30) days following City' s approval of the Plans (" Commencement Date"); and ( ii) complete or cause to be completed all of the Works of Improvement within two ( 2) years after the Commencement Date. In the event good cause exists as determined by the City Engineer, the time for commencement of construction or completion of the Works of Improvement hereundermay be extended by up to three (3) additionalone-year periods. Extensionsshall be executed in writing by the City Engineer. The City Engineer in his or her sole discretion determines whether or not the Subdivider has established good cause for an extension. As a conditionof suchextension, the CityEngineermayrequireSubdividerto furnishnewsecurity 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 Subdivider requests and is granted an extension of time for completion of the improvements, City may apply the standards in effect at the time of the extension.

2. 2. Phasing Requirements. Notwithstanding the provisions of Section 2. 1, the City reserves the right to control and regulate the phasing of completion of specific Works of Improvement as required to comply with applicable City ordinances, regulations, and rules relating to the timely provision of public services and facilities. In addition to whatever other remediesthe City may have for Subdivider's failure to satisfy such phasing requirements, as the same now exist or may be amended from time to time, Subdivider acknowledges City's rightto withholdthe issuanceof furtherbuildingpermitson the Propertyuntil such phasing requirements are satisfied. Prior to issuance of building permits, Subdivider shall provide satisfactory evidence that all applicable requirements that are a condition to issuance of building permits have been satisfied. Such requirements may include the payment of fees, construction of improvements, or both. Final inspections or issuance of Certificates of Occupancymay be withheld from the Subdividerby 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.
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2. 3. Force Majeure. Notwithstandingthe provisionsof Section2.1, Subdivider's time forcommencementandcompletionoftheWorksof Improvementshallbeextendedforthe periodofanyenforceddelaycausedduetocircumstancesbeyondthecontrolandwithoutthe fault of Subdivider, 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, thattheperiodofanyenforceddelayhereundershallnotincludeanyperiodlongerthanfive (5) dayspriorto City's receiptofa writtennoticefromSubdivideror itscontractor detailingthegroundsfor Subdivider's claimto a rightto extendits timefor performance hereunder.

TheCityEngineershallevaluateall claimsto ForceMajeureandtheCityEngineer' s decision shall be final.

2. 4. Continuous Work. After commencement of construction of the Works of Improvement ( or separate portion thereof), Subdividershall causesuchwork to be diligently pursuedto completion, andshallnot abandonthe workfor a consecutiveperiodor morethan thirty (30) days, events of Force Majeure excepted.

2. 5. Reversion to Acreage. In additionto whateverotherrightsCitymayhavedueto Subdivider's failuretotimelyperformitsobligationshereunder, SubdividerrecognizesthatCity reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Section 66499. 11 through Section 66499. 20. 1. In this regard, Subdivider agrees that if the Works of Improvement have not been completed on or before the later of two (2) years from the date of this Agreement or within the time allowed herein, whicheveristhelater, andif Citythereafterinitiatesproceedingsto reverttheProperty to acreage, pursuant to Government Code Section 66499.16, Subdivider hereby consents to such reversion to acreage and agrees that any improvements made by or on behalf of Subdividershall not be consideredin determiningCity's authorityto revert the Propertyto acreage.

3. Labor.

3. 1. Labor Standards. ThisAgreementissubjectto, andSubdivideragreesto comply with, all of the applicable provisions of the Labor Code including, but not limited to, the wage and hour, prevailing wage, worker compensation, and various other labor requirements in Division 2, Part 7, Chapter 1, including section 1720 to 1740, 1770 to 1780, 1810 to 1815, 1860 to 1861, which provisions are specifically incorporated herein by reference as set forth herein in their entirety. Subdivider shall expressly require compliance with the provisions of this Section in all agreements with contractors and subcontractors for the performance of the Works of Improvement.

3. 2. Nondiscrimination. In accordance with the California Fair Employment and Housing Act (" FEHA"), California Government Code Section 12940 et seq., Subdivider agrees that Subdivider, its agents, employees, contractors, and subcontractor performing any of the Works of Improvement shall not discriminate, in any way, against any person on the basis of race, ethnicity, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Subdivider shall expressly require compliance with the provisions of this Section in all agreements with contractors and subcontractors for the performance of this Agreement. 01225. 0006/ 369377. 1 6 of 19
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3. 3. Licensed Contractors. SubdividershallcausealloftheWorksof Improvementto beconstructedbycontractorsandsubcontractorswithvalidCaliforniaContractors' licensesforthe type of work being performed. All of Subdivider's contractorsand subcontractorsshall obtaina validCityof Chinobusinesslicensepriorto performinganyworkpursuantto this Agreement. SubdividershallprovidetheCityEngineerwitha listofallofitscontractorsand subcontractorsprior to initiatingany work, and all valid Contractor's licensesand business licensesissuedtheretoasa conditionof constructingtheWorksof Improvements.

3. 4. Worker' s Compensation. Subdivider shall cause every contractor and subcontractorperforming any of the Works of Improvementto carry Workers' Compensation Insuranceas requiredby the LaborCodeof theStateof Californiaand shallcauseeachsuch contractorandsubcontractorto submitto Citya Certificateof Insuranceverifyingsuch coveragepriorto suchcontractororsubcontractorenteringontothejob site.

4. Security.

4. 1. Required Security.
a) At the time Subdivider executes this Agreement, Subdivider shall furnish to City the following bonds, letters of credit, instruments of credit (assignment of deposit account) or other security acceptable to City in its sole and absolute discretionand satisfyingthe requirementsof the applicableprovisionsof this Section4 below (hereinafter "SecurityInstruments"):
i) A Security Instrumentsecuring Subdivider's faithful performance of all of the Works of Improvement (" Faithful Performance Security Instrument"), in the amount of $ 740, 220. 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 370, 110. 00 equal to 50% of the estimated construction cost referenced in Section 1. 1.
iii) A Security Instrument guaranteeing the payment of the cost of setting monuments as required in Section 1.4 in the amount of 19, 040. 00 equal to 100% of the cost thereof.

This Agreement shall not be effective for any purpose until such Security Instruments are supplied to and approved by City in accordance herewith. b) Required Security Instrument for Maintenance and Warranty. Prior to the City Council' s acceptance of the Works of Improvement and recordation of a Notice of Completion, Subdivider shall deliver a Security Instrument warranting the work accepted for a period of one ( 1) year following said acceptance Maintenance and Warranty Security Instrument"), in the amount of $ 74, 022. 00 01225. 0006/ 369377. 1 7 of 19
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equal to 10%
of theestimatedconstructioncostsetforthin Section1.1 or a suitable amountdetermined by the City Engineer.

4. 2. Form of Security Instruments. All SecurityInstrumentsshall be in the amountsrequired under Section 4. 1 ( a) or 4. 1( b), as applicable, shall meet the following minimum requirementsandotherwiseshallbeinaformprovidedbyCityorotherwiseapprovedbytheCity Attorney:
a) Bonds.

ForSecurityInstrumentswhicharelettersofcredit, any
letterof creditshallbe an originalseparateunconditional, irrevocable, negotiable and transferablecommercialletterof creditissuedby a financialinstitutionwith offices in the State of California acceptable to City. Any such letter of credit shall specificallypermitCityto drawon sameby unilateralcertificationof the City Engineer of the City that Subdivider is in default under its payment or performance obligations hereunder or in the event Subdivider fails to deliver a replacement letter of credit not less than thirty ( 30) days prior to the date of expirationof anysuchletterof creditandshallfurtherbesubjectto the provisions of Section 4. 4.
c) Instrument of Credit. For Security Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to City all of Subdivider' s interest in funds on deposit in one or more bank accountswith financial institutionsacceptableto City. d) General Requirements for all Security Instruments. i) Payments under any Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the City of Chino, State of California and the Security Instrument shall so provide).
ii) Each Security Instrument shall have a minimum term of one ( 1) year after the deadline for Subdivider's completing the Works of Improvement, in accordance with Section 2. 1 ( other than Instruments of Credit, which shall have no defined term or expiration date).
iii) Each Security Instrumentshall provide that changes may be made in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and without affecting the obligations under such Security Instrument. 01225. 0006/ 369377. 1 8 of 19
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iv)
If the Subdividerseeksto replaceany securitywith another security, the replacement shall: ( 1) comply with all the requirements for security in this Agreement; ( 2) be provided by the Subdivider to theCityEngineer; and (3) uponitswrittenacceptancebytheCityEngineer, be deemed a part of this Agreement. Upon the CityEngineer' s acceptance of a replacement security, the former security may be releasedby the City.

4. 3. Subdivider' s Liability. Whilenoactionof Subdividershall be requiredin orderfor Cityto realizeon itssecurityunderanySecurityInstrument, Subdivideragreesto cooperate withCityto facilitateCity's realizationunderanySecurityInstrument, andtotakenoactionto preventCityfromsuchrealizationofanySecurityInstrument. Notwithstandingthegivingofany SecurityInstrumentorthesubsequentexpirationofanySecurityInstrumentoranyfailureby any surety or financial institution to perform its obligations with respect thereto, Subdivider shallbe personallyliablefor performanceunderthisAgreementandfor paymentof thecostof thelaborandmaterialsfortheimprovementsrequiredto beconstructedor installedhereby and shall, within ten ( 10) days after writtendemandtherefor, deliverto City such substitute securityas City shall requiresatisfying the requirementsin this Section 4.

4. 4. Letters of Credit.
a) In the event a letter of credit is given pursuant to Section 4. 2( b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit expiring in not less than one ( 1) year, unless City agrees to a lesser term in City's soleand absolutediscretion) is not deliverednot lessthanthirty (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 creditdeliveredhereunder, issuedby a financialinstitutionacceptableto City as of the date of delivery of the replacement letter of credit. b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Subdivider. If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as provided in the foregoing. Subdivider agrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein, and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City's security interest in such account.

4. 5. Release of Security Instruments. The City shall release all Security Instruments consistent with Government Code Sections 66499.7 and 66499. 8, Section 19.09.010 of the Chino Municipal Code, and as follows:
a) City shall release the Faithful PerformanceSecurity Instrument and Labor and Materials Security Instrument when all of the following have occurred:
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i)
Subdividerhasmadewrittenrequestforreleaseandprovided
evidenceof satisfactionofall otherrequirementsinthisSection4.5; ii) the Works of Improvementhave been accepted;
iii)
Subdividerhasdeliveredthe MaintenanceandWarrantySecurity Instrument; and iv) after passageof the time within which lien claims are required to bemadepursuantto Title3 (commencingwithSection9000) of Part6 of Division4 of theCivilCodeof theStateof California. If lien claims have been timely filed, City shall hold the Labor and Materials Security Instrumentuntil such claims have been resolved, Subdividerhasprovideda statutorybond, or otherwiseas required by applicable law.
b) CityshallreleasetheMaintenanceandWarrantySecurityInstrumentupon Subdivider' s written request upon the expiration of the warranty period, and settlementof any claims filed duringthe warranty period. c) The City may retain from any security released, an amount sufficient to covercostsand reasonableexpensesandfees, includingreasonableattorney's fees.

5. Cost of Construction and Provision of Inspection Service.

5. 1. Subdivider Responsible for All Costs of Construction. Subdivider shall be responsiblefor payment of all costs incurred for construction and installation of the Works of Improvement. In the eventSubdivideris entitledto reimbursementfrom City for any of the Works of Improvement, such reimbursement shall be subject to a separate Reimbursement Agreement to be entered into between Subdividerand City prior to construction of the Works of Improvement.

5. 2. Payment to City for Cost of Related Inspection and Engineering Services.

Subdividershall compensateCity for all of City's costs reasonablyincurredin having its authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Subdivider shall compensate City for all design, plan check, evaluating any proposed or agreed- upon changes in the work. The procedures for deposit and payment of such fees shall be as established by the City. In no event shall Subdivider be entitled to additional inspections or a final inspectionand acceptance of any of the Works of Improvementuntil all City fees and charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections.

5. 3. Paymentof Development Impact Fees. Subdividershall pay Development Impact Fees pursuant to and in accordance with Chino Municipal Code Chapters 3.40 and 3.45.

6. Acceptance of Offers of Dedication. The City Council shall pass as appropriate resolution or resolutionsaccepting all offers of dedication shown on the Map for the Property, with acceptanceto become effective upon completionand acceptance by City of the Works of 01225. 0006/ 369377. 1 10 of 19
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Improvement. Suchresolution(s) shallauthorizetheCityClerktoexecutetheCertificatemade a part of the Map regardingsaid acceptanceof the offer of dedication.

7. Warranty of Work. Subdividershall guaranteeall Works of Improvementagainst defective materials and workmanship for a period of one ( 1) year from the date of final acceptance.

IfanyoftheWorksof Improvementshouldfailor provedefectivewithinsaidone 1) yearperiodduetoanyreasonotherthanimpropermaintenance, orifanysettlementoffill or backfill occurs,
or shouldanyportionof theWorksof Improvementfail to fulfillany requirements of the Plans, Subdivider, within fifteen ( 15) days after written notice of such defects, orwithinsuchshortertimeasmayreasonablybedeterminedbytheCityintheevent ofemergency, shallcommenceto repairorreplacethesametogetherwithanyotherwork which may be damaged or displaced in so doing. ShouldSubdividerfail to remedydefective materialand/or workmanshipor makereplacementsor repairswithinthe periodof timeset forthabove, Citymaymakesuchrepairsandreplacementsandthe actualcostof the required laborandmaterialsshallbechargeabletoandpayablebySubdivider. Thewarrantyprovided hereinshall not be in lieu of, but shall be in additionto, any warrantiesor other obligations otherwise imposed by law.

8. Default.

8. 1. Default by Subdivider. Default by Subdivider shall include, but not be limited to:
a) Subdivider' s failure to timely commence construction of Works of Improvement under this Agreement;
b) Subdivider' s failure to timely complete construction of the Works of Improvement;
c) Subdivider's failure to performsubstantial constructionwork for a period for 20 consecutive calendar days after commencement of the work; d) Subdivider' s insolvency, appointment of a receiver, or the filing of any petition in bankruptcy, either voluntary or involuntary, which Subdivider fails to discharge within 30 days;
e) The commencement of a foreclosure action against the subdivision or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or f) Subdivider' s failure to perform any other obligation under this Agreement.

8. 2. Remedies. The City reservesall remediesavailableto it at law or in equityfor a default or breach of Subdivider's obligations under this Agreement. The City shall have the right, subjectto thisSection, to drawuponor usetheappropriatesecurityto mitigatethe City's damages in the event of default by Subdivider. The City' s right to draw upon or use the security is in addition to any other remedy availableto City. The parties acknowledge that the estimated costs and security amounts may not reflect the actual cost of construction of the improvementsand, therefore, City's damagesforSubdivider's defaultshallbemeasuredby the costof completingthe requiredimprovements. TheCitymayusethe sumsprovidedby the securitiesfor the completion of the Works of Improvementin accordance with the plans. In the 01225. 0006/ 369377. 1 11 of 19
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eventtheSubdividerfailsto cureanydefaultunderthisAgreementwithin20daysafterthe Citymailsa noticeofsuchdefaulttotheSubdividerandtheSubdivider's surety, Subdivider authorizestheCityto performtheobligationforwhichSubdivideris in defaultandagreesto paytheentirecostof suchperformancebytheCity. TheCitymaytakeovertheworkand complete the Works of Improvement, by contractor by any other methodCity deems appropriate, attheexpenseoftheSubdivider. Insuchevent, City, withoutliabilityfordoingso, may complete the Works of Improvement using any of Subdivider' s materials, appliances, plansandotherpropertythat are at theworksite andthatare necessaryto completethe Works of Improvement.

8. 3. Notice of Violation. The Subdivider's failure to comply with the terms of this AgreementconstitutesSubdivider's consentfor the Cityto file a noticeof violationagainstall the lots in the Subdivision, or to rescind or otherwise revert the Subdivision to acreage.

Subdividerspecificallyrecognizesthat the determinationof whethera reversionto acreageor rescissionof the Subdivisionconstitutesan adequateremedyfor default by the Subdivider shall be within the sole discretion of the City.

8. 4. Remedies Not Exclusive. In any case where this Agreement provides a specific remedyto City for a default by Subdivider hereunder, the Subdivideragrees that the choice of remedyor remediesforSubdivider's breachshallbeinthediscretionof theCity. Additionally, any remedy specifically provided in this Agreement shall be in addition to, and not exclusive of, City's rightto pursueanyotheradministrative, legal, or equitableremedyto whichit mayby entitled.

8. 5. Attorney' s Fees and Costs. In the eventthat Subdividerfails to performany obligationunderthisAgreement, Subdivideragreesto payall costsandexpensesincurredby City in securing performance of such obligations, including costs of suit and reasonable attorney' s fees. In the event of any dispute arising out of Subdivider's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney' s fees and costs. Such attorney' s fees and cost shall include fees and costs on any appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all other reasonablecosts 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 Subdivider shall be considered valid unless in writing, and no such waiver by the City shall be deemed a waiver of any subsequent breach or default by the Subdivider.

9. Indemnity/ Hold Harmless. City or any officer, employee or agent thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of Subdivider, its agents, employees, contractors and subcontractors in the performance of this Agreement. Subdividerfurther agrees to protect, defend, indemnify and hold harmless City, its officials, boards and commissions, and members thereof, agents, and employees from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, acts or omissions of Subdivider, its agents, employees, contractors and subcontractors 01225. 0006/ 369377. 1 12 of 19
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intheperformanceofthisAgreement, exceptforsuchclaims, demands, causesof action, liability or loss arising out of the sole active negligence of the City, its officials, boards, commissions, the members thereof, agents and employees, including all claims, demands, causesofaction, liabilityorlossbecauseoforarisingoutof, inwholeorinpart, thedesignor constructionoftheimprovements. Thisindemnificationandagreementto holdharmlessshall extendto injuriestopersonsanddamagesortakingofpropertyresultingfromthedesignor construction of said Subdivision, and the public improvements as provided herein, and in addition, to adjacentpropertyownersas a consequenceof the diversionof watersfrom the design and construction of public drainage systems, streets and other improvements.

Recordationof the Noticeof Acceptanceby the Cityof the Worksof Improvementsshall not constituteanassumptionbytheCityofanyresponsibilityforanydamageortakingcoveredby thisSection. Cityshallnotberesponsibleforthedesignorconstructionofthepropertytobe dedicatedor the improvementspursuantto theapprovedimprovementplansor map, regardlessofanynegligentactionorinactiontakenbytheCityinapprovingtheplansormap, unless the particularimprovementdesign was specificallyrequired by City over written objectionby Subdividersubmittedto the City Engineerbeforeapprovalof 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 Subdivider shall remain obligated to eliminateany latent defect in design or dangerouscondition caused by the design or construction defect; however, Subdivider shall not be responsible for routine maintenance. The provisionsof thisparagraphshallremainin fullforceandeffectforten (10) yearsfollowingthe recordation of the Notice of Acceptance by the City of the Works of Improvements. It is the intent of this section that Subdivider shall be responsible for all liability for design and construction of the improvements installed or work done pursuant to this Agreement and that City shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving or reviewing any work or construction. The improvement security shall not be required to cover the provisions of this Paragraph.

Subdividershall reimburse the City for all costs and expenses, including but not limited to fees and charges of architects, engineers, attorneys, and other professionals, and court costs, incurred by City in enforcing this Section.

10. Subdivider's Indemnityof ProjectApproval. Subdividershall defend, indemnify, and hold harmless the City and its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning the Subdivision. The City shall promptly notify the Subdivider of any claim, action, or proceedingand cooperate fully in the defense of any such claim, action, or proceeding. In the event City fails to promptly notify the Subdivider of any claim, action, or proceeding, or if the City fails to cooperate in the defense, the Subdivider shall not thereafter be responsible to defend, indemnify, or hold harmless the City. Nothing in this Section prohibits the City from participatingin the defense of any claim, action, or proceeding if City bears its own attorney's fees and costs and defends the action in good faith. Subdivider shall not be requiredto pay or perform any settlement unless the settlement is approved by the Subdivider. 01225. 0006/ 369377. 1 13 of 19
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11. InsuranceRequirements. Subdivider, atSubdivider's solecostandexpenseandforthe fulltermofthisAgreementandanyextensionsthereto, shallobtainandmaintainallofthe followingminimuminsurancerequirementsin a formapprovedby theCity's authorizeddesigneeforRiskManagementpriortocommencinganywork:
a) Commercial General Liability policy with a minimum $ 1 million combined singlelimitforbodilyinjuryandpropertydamageprovidingallofthefollowingminimum coverage without deductibles:
i) Premisesoperations; includingX, C, and U coverage; ii) Owners' and contractors' protection;
iii) Blanket contractual;
iv) Completed operations; and
v) Products.
b) Commercial Business Auto policy with a minimum $ 1 million combined singlelimitfor bodilyinjuryandpropertydamage, providingall of thefollowing minimum coverage without deductibles:
i) Coverage shall apply to any and all leased, owned, hired, or non- owned vehicles used in pursuit of any of the activities associated with this Agreement; and
ii) Any and all mobile equipment including cranes which are not covered under the above Commercial Business Auto policy shall have said coverage provided under the Commercial General Liability policy.
c) Workers Compensation and Employers' Liability policy in accordance with the laws of the State of California and providing coverage for any and all employees of the Subdivider:
i) This policy shall provide coverage for Workers' Compensation Coverage A); and
i) This policy shall provide coverage for $ 1, 000, 000 Employers' Liability ( Coverage B).
ii) Pursuant to Labor Code section 1861, Subdivider 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 I will comply with such provisions before commencing the performance of the work of this contract."
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iii)
Priorto commencementof work, theSubdividershallfilewiththe City's RiskManagera Certificateof Insuranceor certificationof permissiontoself-insureworkers' compensationconformingtothe requirements of the Labor Code.
d)
Endorsements. Allofthefollowingendorsementsarerequiredtobemade a part of each of the above-requiredpolicies as stipulated below:
i) "
TheCityofChino, itsofficers, employeesandagentsarehereby added as additional insureds."
ii) " This policyshall be consideredprimaryinsurancewith respectto any othervalidandcollectibleinsurancethe City may possess, includinganyself- insuredretentiontheCitymayhaveandany
other insurance the City does possess shall be considered excess insurance only."
iii) " This insuranceshall act for each insured and additional insured as though a separate policy has been written for each. This, however, will notactto increasethelimitof the insuringcompany."
iv) " Thirty (30) dayspriorwrittennoticeof cancellationshallbe givento the City of Chino in the event of cancellation and/or reduction in coverage, except that ten ( 10) dayspriorwrittennoticeshallapply in the event of cancellation for non- payment of premium." Such notice shall be sent to the Risk Manager at the address indicated in Subsection f below.
v) Subsection d( iv) hereinabove " Cancellation Notice" is the only endorsement required of the Workers' Compensation and Employers' Liability policy.
e) Admitted Insurers. All insurance companies providing insurance to the Subdivider under this Agreement shall be admitted to transact the business of insurance by the California Insurance Commissioner.
f) Proof of Coverage. Copies of all required endorsements shall be attached to the Certificate of Insurance which shall be provided by the Subdivider's insurance company as evidence of the coverage required herein and shall be mailed to:

City of Chino
Risk Management
13220 Central Avenue
Chino, CA 91710
01225. 0006/ 369377. 1 15 of 19
240

12. Environmental Warranty.

12. 1.

PriortotheacceptanceofanydedicationsorWorksofImprovementbyCity,SubdividershallprovideCitywithawrittenwarrantyinaformsubstantiallysimilartoExhibit C" attachedheretoandincorporatedhereinbyreference, that:
a)
NeitherthepropertytobededicatednorSubdividerareinviolationofany environmentallaw, andneitherthepropertyto bededicatednortheSubdivider aresubjectto anyexisting, pendingor threatenedinvestigationby anyfederal, state or local governmental authority under or in connection with the environmentallaws relatingto the propertyto be dedicated. b) NeitherSubdividernoranyotherpersonwithSubdivider's permissionto be uponthepropertyto bededicatedshalluse, generate, manufacture, produce, or release, on, under, or about the property to be dedicated, any Hazardous Substanceexceptin compliancewith all applicableenvironmentallaws. For the purposes of this Agreement, the term " HazardousSubstances" shall meanany substanceormaterialwhichiscapableof posinga riskof injuryto 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, regulationsor policies. c) Subdivider has not caused or permitted the release of, and has no knowledge of the release or presence of, any Hazardous Substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. d) Subdivider's prior and present use of the property to be dedicated has not resulted in the release of any hazardous substance on the property to be dedicated.

12.2. Subdivider shall give prompt written notice to City of:
a) Any proceedingor investigationby any federal, state or local governmental b) authority with respect to the presence of any hazardous substance on the propertyto be dedicatedor the migrationthereoffrom or to any otherproperty 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 propertyto be dedicated relating to any loss or injury resulting from any hazardous substance; and
d) Subdivider's discoveryof any occurrenceor condition on any property adjoining or in the vicinity of the property to be dedicated that could cause the 01225. 0006/ 369377. 1 16 of 19
241
propertytobededicatedoranypartthereoftobesubjecttoanyrestrictionsonits ownership, occupancy, useforthepurposeforwhichitisintended, transferabilityor suit under any environmental law.

13. General Provisions.

13. 1. SuccessorsandAssigns. ThisAgreementshallbe bindinguponall successors andassignsto Subdivider's right, title, andinterestin andto thePropertyandanyportionthereof. Subdividerherebyconsentsto City recordingthis Agreementas officialrecordsof SanBernardinoCounty, affectingfeetitleinteresttothePropertyto provideconstructivenotice of the rights and obligations incurred by Subdivider in the City' s approval of this Agreement. In the eventthe Propertyis subsequentlyconveyedby Subdividerto a third partypriorto completionof the Works of Improvement, wherebythe third party is intendedto assume Subdivider' s responsibilities with regard to this Agreement, ( the " Replacement Subdivider"), the rights and obligations of this Agreement shall transfer to the Replacement Subdivider; however, the Security Instruments required pursuant to Section 4 of this Agreement, and furnished by Subdivider as a condition of the City's approval of this Agreement, shall remain Subdivider's responsibility to maintain until such time as Subdivider and its Replacement Subdivider enter into a Transfer and Assignment of Subdivision Agreement, ( the " Transfer Agreement"), to acknowledge the transfer of fee title to the Property from the Subdivider to its Replacement Subdivider, and to acknowledge the rights and obligations associated with this Agreement upon the Replacement Subdivider, including Replacement Subdivider' s responsibilityto furnishreplacementSecurityInstrumentsmeetingthe City's approvalpursuant to Section 4 of this Agreement. Untilsuchtimeas a TransferAgreement, meetingthe City's approval, is executed by Subdivider and its Replacement Subdivider, and replacement Security Instruments meeting City's approval are furnished by the Replacement Subdivider, Subdividerretains sole responsibilityfor maintainingall Security Instruments required pursuant to Section 4 of this Agreement.

13. 2. No Third- Party Beneficiaries. This Agreement is intended to benefit only the parties hereto and their respective successors and assigns. Neither City nor Subdivider intend to create any third- party beneficiary rights in this Agreement in any contractor, subcontractor, member of the general public, or other person or entity.

13. 3. No Vesting Rights. Performance by the Subdivider of this Agreement shall not be construedto vest Subdivider's rights with respectto any change in any zoning or building law or ordinance.

13. 4. Subdivider is Not Agent of City. Neither Subdivider nor Subdivider' s agents, contractors, or subcontractors are agents or contractors of the City in connection with the performance of Subdivider' s obligations under this Agreement.

13.5. Time of the Essence. Time is of the essence of Subdivider's performanceof 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. 01225. 0006/ 369377. 1 17 of 19
242
NoticeshallbeprovidedtothepersonslistedonPages1and2ofthisAgreementbytheparties for this purpose.

Eitherpartymayprovidea newdesignatedrepresentativeand/oraddressbywrittennotice as provided in this Section.

13.7. NoApportionment. NothingcontainedinthisAgreementshallprecludeCityfrom expendingmoniespursuantto agreementsconcurrentlyor previouslyexecutedbetweenthe parties, orfromenteringintoagreementswithothersubdividersfortheapportionmentofcosts of water and sewer mains,
or otherimprovementspursuantto the provisionsof the City ordinancesprovidingtherefore. NorshallanythingintheAgreementcommitCitytoanysuch apportionment.

13. 8. Severability. If any portion of this Agreementis held invalid by a court of competentjurisdiction, the remainderof the Agreementshall remainin full force and effect unlessamendedor modifiedby mutualwrittenconsentofthe parties.

13.9. Captions. ThecaptionsofthisAgreementareforconvenienceandreferenceonly and shall not be used in the interpretationof any provisionof this Agreement.

13.10. Incorporationof Recitals. TherecitalstothisAgreementareherebyincorporated into the terms of this Agreement.

13.11. Interpretation. This Agreement shall be interpreted in accordancewith the laws of the State of California.

13. 12. Entire Agreement; Waivers and Amendments. This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to all or part of the subject matter hereof, except as may be expressly provided herein. All waivers of the provisions of this Agreement must be in writing and signed by an authorized representative of the partyto be charged, and all amendmentsheretomust be in writing and signed by the appropriate representatives of both parties.

13.13. Counterparts. This Agreement may be executed in one or more counterparts, all of which taken together shall be deemed one original.

14. Authority. The persons executing this Agreement on behalf of the parties warrant the (I) party is duly organized and existing, ( 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 notviolate any provisionsof any other agreementto which said party is bound.

SIGNATURES ON NEXT PAGE]
01225. 0006/ 369377. 1 18 of 19
243
INWITNESSWHEREOF, theCityandtheSubdividerhavecausedthisAgreementto be executed the day and year first above written.

APPROV D S TO FOR : APPRSVED AS TO CONTENT:

Fred alante, City Attorney Nicholas S.

Iri
ori, AICP
Director of Development Services

RICHMOND - ERIC
8 HOMES:

BY: i14 4V/2I 31t4 )
nature'. d Date)
Name: SDK1DR E1) 2R1 S
Please type or print name)
Title: VICE. cg_“' Dl N
Please type or print title)

CITY OF CHINO
Ma h w III yne, City Manager
J •
Dated: 37011
ATTEST:

Bya,-- ---C---)2Ar-----
Angela obles, City'Clerk
Dated: c -• ict
01225. 0006/ 369377. 1 19 of 19
244

CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT
A notarypublic or otherofficer completingthis
certificate verifies only the identity of the individual who signed the document to which this certificate is attached, andnotthetruthfulness, accuracy, orvalidityof that
document.

State of California
County of Orange
On March 4, 2019, beforeme, T Ris, NotaryPublic, personallyappearedSondraHarris, who provedto meonthebasisof satisfactoryevidenceto betheperson(s) whosename(s) is/are subscribedto the within instrumentandacknowledgedto me that he/she/they executed the same in his/ her/ their authorized capacity( ies), and that by his/her/their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand d official seal.

T. R15
Notary Public- California
z
p
Orange Countyti
Ay Commission
County
22 My Comm. Expires May 5. 2021Signature)
Affix Seal)
245
EXHIBIT " A"
TRACT MAP 19935 LEGAL DESCRIPTION
Legaldescriptionis pendingthefinalrecordationof TractMapNo. 19935withtheSan Bernardino County Recorder' s Office.
01225. 0006/ 369377. 1 A- 1
246
EXHIBIT " B"
TRACT MAP 19935WORKS OF IMPROVEMENT
A. Removalof undesirable, dangerousanddeadplantmaterialsandroots.

Relocationof all publicutilitystructuresas necessaryto properlyconstructthe required improvements.

Disposalofallrocksanddebrislocatedwithinanypublicright-of-waywithinsaid developmentor on the boundarystreets thereof.

D. Installation of concrete curbs, gutters, sidewalks, cross gutters, driveways and intersectionsasshownonapprovedconstructionplansandinaccordancewithCityStandards.

E. Installationof asphaltconcreteor PortlandCementConcretestreetpavementon basematerialasshownonapprovedconstructionplansandinaccordancewithCity Standards.

F. Street signs at intersectionsper the City Standards.

G. Installationof approved landscaping (plantsand materials).

H. Setting monumentsas required by the State Code.

The Subdividershall also performall work and furnishall materialsnecessary, in the opinion of the Assistant City Manager/Director of Public Works or his designee and on his order, to completethe improvementsin accordancewith the plans and specifications on file as hereinbeforespecified, or anychangesrequiredor orderedby said Engineer which, in his opinion, are necessary or required to complete this work. 01225. 0006/ 369377. 1 B- 1
247
EXHIBIT " C"
TRACT NO. 19935

RICHMOND AMERICAN HOMES

ENVIRONMENTAL WARRANTY
As a condition precedent to acceptance of the dedications and public improvementstobeconveyedbytheabove-namedSubdividertotheCityofChinofor theabove-referencedSubdivision, SubdividerherebywarrantstotheCityofChinothat:

1. NeitherthepropertytobededicatednorSubdividerareinviolationofany environmentallaw, andneitherthe propertyto be dedicatednorthe Subdividerare subjecttoanyexisting, pendingorthreatenedinvestigationbyanyfederal, stateorlocal governmentalauthorityunderorinconnectionwiththeenvironmentallawsrelatingtothe property to be dedicated.

2. NeitherSubdividernoranyotherpersonwithSubdivider's permissionto be upon the property to be dedicated has used, generated, manufactured, produced, or released, on, under, or aboutthe propertyto be dedicated, any HazardousSubstance 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 thosematerialsandsubstancesdesignatedashazardousortoxicbyanyfederal, state or locallaw, ordinance, rule, regulationor policy, includingbutnot limitedto, all ofthose 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 shallbe amendedfromtimeto time, or anyothermaterialsrequiringremediationunder federal, state or local laws, ordinances, rules, regulationsor policies.

3. Subdivider has not caused or permittedthe release of, and has no knowledge of the release or presence of, any Hazardous Substance on the property to be dedicatedor themigrationof anyhazardoussubstancefromor to anyotherproperty adjacent to, or in the vicinity of, the property to be dedicated.

4. Subdivider's prior and present use of the property to be dedicated has not resultedinthe releaseof anyHazardousSubstanceonthe propertyto be dedicated.

5. AllpersonsexecutingthiswarrantyherebyrepresentandwarranttotheCityof Chino, and Subdivider hereby represents and warrants, that the signators hereto have the legal power, right and authority to execute this warranty on behalf of the Subdivider andthatthesignatorsheretohavesufficientknowledgeor expertise, eitherpersonally, through reasonable inspectionand investigationof the property, or through reasonable reliance upon the investigation and professionalopinion of Subdivider's environmental experts, to maketherepresentationsherein, andthatnoconsentof anyotherpartyis 01225. 0006/ 369377. 1 C- 1
248
requiredto executethiswarrantyandmakethe representationshereinon behalfof the Subdivider to the City of Chino.

Eachof the undersignedpersonsdeclaresunderpenaltyof perjurythat the foregoing is true and correct.

Dated: 3 11
SUBDIVIDER*
By:

OND AMERICAN HOMES
ProofofauthorizationforSubdivider'ssignaturesisrequiredtobesubmittedconcurrentlywiththis environmentalwarranty. 01225. 0006/ 369377. 1 C- 2
249

EXECUTEDIN TRIPLICATE)
Bond No.: 1074987
Contract No.: Z5/
Approved: .?,) 61/cl 1112.

FAITHFUL PERFORMANCE BOND
Tract Map No. 19935
WHEREAS,theCityCounciloftheCityofChino, StateofCalifornia, hereinafterdesignatedas"CITY"andRICHMOND AMERICAN HOMES,* hereinafter designated as " PRINCIPAL," have entered into an agreement wherebyPrincipalagreestoinstallandcompletecertaindesignatedpublicimprovements, whichsaidagreement, datedFebruary5th,2019, andidentifiedasProjectNo. TractMapNo. 19935, isherebyreferredtoandmadeaparthereof; and of Maryland, Inc.

WHEREAS, saidPrincipalisrequiredunderthetermsofsaidagreementtofurnishabondforthefaithfulperformance of said agreement.

NOW, THEREFORE, we, the Principal and The Hanover Insurance Company as surety, are heldandfirmlybounduntotheCityofChinointhepenalsumofSevenHundredFortyThousandTwoHundredTwenty Dollars($ 740,220.00)lawfulmoneyoftheUnitedStates,forthepaymentofwhichsumwellandtrulytobemade,webindourselves,ourheirs, successors,executors,andadministrators,jointlyandseverally,firmlybythesepresents.

Theconditionof thisobligationis suchthatif theabove-boundPrincipal, hisor its heirs, executors, administrators,successors,orassigns,shallinallthingsstandtoandabideby,andwellandtrulykeepandperform thecovenants, conditions, andprovisionsinsaidagreementandanyalterationthereofmadeasthereinprovided,onhisor itspart, to bekeptandperformedatthetimeandinthemannerthereinspecified, andinallrespects accordingtotheirtrueintentandmeaning, andshallindemnifyandsaveharmlessCity, itsofficers, agents, and employees, asthereinstipulated, thenthisobligationshallbecomenullandvoid; otherwiseit shallbeandremain in full force and effect.

Aspartoftheobligationsecuredherebyandinadditionto thefaceamountspecifiedtherefor, thereshall beincludedcostsandreasonableexpensesandfeesincludingreasonableattorneys' fees, incurredbyCityin successfullyenforcingsuchobligation, allto betaxedascostsandincludedinanyjudgmentrendered.

Thesuretyherebystipulatesandagreesthatnochange, extensionof time, alteration, or additionto the termsoftheagreementortotheworktobeperformedthereunderorthespecificationsaccompanyingthesame shallinanywayaffectitsobligationsonthisbond, anditdoesherebywaivenoticeofanysuchchange, extension of time,alteration, or additionto the terms of the agreementor to the work or to the specifications.

INWITNESSWHEREOF, thisinstrumenthasbeendulyexecutedbyPrincipalandSuretyabovenamed, on March 5 . 2019
Richmon;, American Homes of Ma I- d Inc. The Hanover Insurance Company P- 1 CIPAL SURETY
I
By: - A, I''
Ud/ lAI><1/A By:

Kathleen K. Freund, Attorney-in-Fact

SIGNATURES MUST BE NOTARIZED
Document No. 16353( PWFORMS\ BONDS- faithful performance\ rev. 04/ 2017) Page 1 of 1 250

CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT
A notarypublic or otherofficer completingthis
certificate verifies only the identity of the individual who signed the document to which this certificate is attached, andnotthetruthfulness, accuracy, or validity of that
document.

State of California
County of Orange
On March6, 2019, beforeme, RhondaHarper, NotaryPublic, personallyappeared SondraHarris, who provedto meonthebasisof satisfactoryevidenceto bethe person(s) whose name( s) is/ arc subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in his/ her/ their authorized capacity( ies), and that by his/ her/ their signature( s) on the instrument the person( s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. RHONOA HARPER i`_, Notary Public- California =
WITNESS my hand and official seal. 3,1 Orange County
r Commission# f 2151999
M Comm. Ex fires Ma 30, 2020
Signature) Affix Seal)
251

NOTARY ACKNOWLEDGMENT

STATE OF COLORADO
ss.

COUNTY OF DENVER
Theforgoinginstrumentwasacknowledgedbeforemethis5thdayofMarch, 2019byKathleenK. Freund, Attorney-in-FactforTheHanoverInsuranceCompany, aNewHampshire corporation, on behalfof thecorporation.

NATHAN MULHAUSER
Notary Public
State of Colorado
Notary ID M20064038639
L)/
f4 a, -
MyCommissionExpires09-22-2022
Notary Public
My Commission Expires:

September 22, 2022
252

THEHANOVERINSURANCECOMPANY

MASSACHUSETTSBAYINSURANCECOMPANY

CITIZENSINSURANCECOMPANYOFAMERICA

POWERS OF ATTORNEY

THE COMMONWEALTHCOMMONWEALTHOF MASSACHUSETTS )
COUNTY OF WORCESTER ss. Joe rBensom, V ie'71;'resident Onthis3rddayofApril2012beforemecametheabovenamedVicePresidentsofTheHanoverInsuranceCompany, MassachusettsBayInsuranceCompanyandCitizensInsuranceCompanyofAmerica,tomepersonallyknowntobetheindividualsandofficersdescribedherein,andacknowledgedthatthesealsaffixedtotheprecedinginstrumentarethecorporatesealsofTheHanoverInsuranceCompany,MassachusettsBayInsuranceCompanyandCitizensInsuranceCompanyofAmerica, respectively, andthatthesaidcorporatesealsandtheirsignaturesasofficersweredulyaffixedandsubscribedtosaidinstrumentby the authority and direction of said Corporations. 0"'
BARBARA A. GARLICK
fi1 Notary Publle
u Conaranwea0h of Naandx salts
wad 4
4 canmuion Explria Sept 21, MO T .

Barbara A. Garlick, Notary Public
My Commission Expires September 21, 2018
I,theundersignedVicePresidentofTheHanoverInsuranceCompany,MassachusettsBayInsuranceCompanyandCitizensInsuranceCompanyofAmerica,herebycertifythattheaboveandforegoingisafull,trueandcorrectcopyoftheOriginalPowerofAttorneyissuedbysaidCompanies,anddoherebyfurthercertifythat the said Powers of Attorney are still in force and effect.

ThisCertificatemaybesignedbyfacsimileunderandbyauthorityofthefollowingresolutionoftheBoardofDirectorsofTheHanoverInsuranceCompany,MassachusettsBayInsuranceCompanyandCitizensInsuranceCompanyofAmerica.

RESOLVED,ThatanyandallPowersofAttorneyandCertifiedCopiesofsuchPowersofAttorneyandcertificationinrespectthereto,grantedandexecutedbythePresidentoranyVicePresidentinconjunctionwithanyVicePresidentoftheCompany,shallbebindingontheCompanytothesameextentasifallsignatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile." ( Adopted October 7, 1981 - The HanoverInsuranceCompany;AdoptedApril14,1982-MassachusettsBayInsuranceCompany;AdoptedSeptember7,2001-CitizensInsuranceCompanyofAmerica) GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 5` h
day of March 2019.

THEHANOVERINSURANCECOMPANY

MASSACHUSETTSBAYINSURANCECOMPANYCITIZENSINSURANCECOMPANYOFAMERICA 6n&
144- 1
Air;
att—
Margosian, Vice President
253

EXECUTEDIN TRIPLICATE)
Bond No.: 1074987
Contract No.: Zalci- 25/
Approved: 5/ 51/ c1 ? I/ Z

LABOR AND MATERIAL BOND
Tract Map No. 19935
WHEREAS,theCityCounciloftheCityofChino, StateofCalifornia, hereinafterdesignatedas"CITY"andRICHMOND AMERICAN HOMES,* hereinafter designated as " PRINCIPAL," have entered into an agreement wherebyPrincipalagreestoinstallandcompletecertaindesignatedpublicimprovements, whichsaidagreement, datedFebruary5th.2019, andidentifiedasProjectNo. TractMapNo. 19935, isherebyreferredtoandmadeaparthereof; and of Maryland, Inc.

WHEREAS,underthetermsofsaidagreement,Principalisrequired,beforeenteringupontheperformanceofthework,tofileagoodandsufficientpaymentbondwiththeCityofChinotosecuretheclaimstowhichreferenceismadeinTitle15(commencingwithSection3082)ofPart4ofDivision3oftheCivilCodeoftheStateofCalifornia.

NOW, THEREFORE, saidPrincipalandtheundersigned, ascorporatesurety, areheldandfirmlybounduntotheCityofChino, andallcontractors,subcontractors, laborers,material, men, andotherpersonsemployedintheperformanceoftheaforesaidagreementandreferredtointheaforesaidCodeofCivilProcedureinthesumofThree Hundred Seventy Thousand One Hundred Ten Dollars($ 370,110.00)for materialsfurnishedor laborthereon ofanykind, orforamountsdueundertheUnemploymentInsuranceActwithrespecttosuchworkorlabor, thatsaidsuretywillpaythesameinanamountnotexceedingtheamounthereinabovesetforth, andalsoincasesuit isbroughtuponthisbond,willpay, inadditiontothefaceamountthereof,costsandreasonableexpensesandfees, includingreasonableattorneys'fees, incurredbyCityinsuccessfullyenforcingsuchobligation,tobeawardedandfixedbythecourt, andtobetaxedascostsandtobeincludedinthejudgmentthereinrendered.

Itisherebyexpresslystipulatedandagreedthatthisbondshallinuretothebenefitofanyandallpersons, companies, andcorporationsentitledtofileclaimsunderTitle15 (commencingwithSection3082) of Part4 of Division3oftheCivilCode, soastogivea rightofactiontothemortheirassignsinanysuitbroughtuponthisbond.

Shouldtheconditionof thisbondbefullyperformed, thenthisobligationshallbecomenullandvoid, otherwise it shall be and remain in full force and effect.

Thesuretyherebystipulatesandagreesthatnochange, extensionof time, alteration, or additionto the termsoftheagreementorthespecificationsaccompanyingthesameshallinanywayaffectitsobligationsonthis bond, and it doesherebywaive noticeof any suchchange, extensionof time, alteration, or addition.

INWITNESSWHEREOF, thisinstrumenthasbeendulyexecutedbyPrincipalandSuretyabovenamed, on March 5 , 2019
Richmon American Homes of Mar and Inc. The Hanover Insurance Company

P NCIPAL SURETY
By: By: r
Kathleen K. Freund,Attorney-in-Fact

SIGNATURE( S) MUST BE NOTARIZED
Document No. 16354( PWFORMS\ BONDS- L& M\ rev. 04/ 2017) Page 1 of 1 254

CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT
A notarypublic or otherofficer completingthis
certificate verifies only the identity of the individual who signed the document to which this certificate is attached, andnotthetruthfulness, accuracy, or validity of that
document.

State of California
County of Orange
On March6, 2019, beforeme, RhondaHarper, NotaryPublic, personallyappeared SondraHarris, whoprovedto meonthebasisof satisfactoryevidenceto betheperson(s) whose name(s) is/afe subscribed to the within instrument and acknowledged to me that lie/ she/ they executed the same in his/ her/ their authorized capacity( ies), and that by his/ her/ their signature( s) on the instrument the person( s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the Stateof California that the foregoing paragraph is true and correct.
cr.., RHONDA HARPER
Notary Public- California
WITNESS my hand and official seal.
z
r ' j'
I '
i Orange County ZR9 Commission# 2151999
M/r Comm.Extres May 30_2020
Sit•. ture) Affix Seal)
255

NOTARY ACKNOWLEDGMENT

STATE OF COLORADO
ss.

NATHAN MULHAUSER
Notary Public
State of Colorado
Notary
i
N 20
fires 09639My Commission Expires 09- 22 2022
At-eeL
Notary Public
My Commission Expires:

September 22, 2022
256

THEHANOVERINSURANCECOMPANY

MASSACHUSETTSBAYINSURANCECOMPANY

CITIZENSINSURANCECOMPANYOFAMERICA

POWERS OF ATTORNEY

MASSACHUSETTSBAYINSURANCECOMPANY
SEAL
e, CITIZENS URANCE OMPANYOFAMERICA
1111:11:10
Robert Thomas, Vice President

THE COMMONWEALTH OF MASSACHUSETTS )
s
COUNTY OF WORCESTER ss. Joe renstrom, ic President
Onthis3rddayofApril2012beforemecametheabovenamedVicePresidentsofTheHanoverInsuranceCompany, MassachusettsBayInsuranceCompanyandCitizensInsuranceCompanyofAmerica,tomepersonallyknowntobetheindividualsandofficersdescribedherein,andacknowledgedthatthe sealsaffixedtotheprecedinginstrumentarethecorporatesealsofTheHanoverInsuranceCompany,MassachusettsBayInsuranceCompanyandCitizensInsuranceCompanyofAmerica, respectively, andthatthesaidcorporatesealsandtheirsignaturesasofficersweredulyaffixedandsubscribedtosaidinstrument by the authority and direction of said Corporations.

Cj
BARBARA A. GARUCK
Nry
Publiccommonweahhof Massadrmalts Imo/,,./?
MyCorninuon Ezp i s Sept. 21, 2018 a.,
Barbara A. Garlick, Notary Public
My Commission Expires September 21, 2018
I,theundersignedVicePresidentofTheHanoverInsuranceCompany,MassachusettsBayInsuranceCompanyandCitizensInsuranceCompanyofAmerica,herebycertifythattheaboveandforegoingisafull,trueandcorrectcopyoftheOriginalPowerofAttorneyissuedbysaidCompanies,anddoherebyfurthercertifythat the said Powers of Attorney are still in force and effect.

ThisCertificatemaybesignedbyfacsimileunderandbyauthorityofthefollowingresolutionoftheBoardofDirectorsofTheHanoverInsuranceCompany,MassachusettsBayInsuranceCompanyandCitizensInsuranceCompanyofAmerica.

THE HANOVER INSURANCE COMPANY

MASSACHUSETTSBAY INSURANCECOMPANY

CITIZENSINSURANCECOMPANYOF AMERICA
6n AtAr
I
Margosian, Vice President
257

EXECUTEDIN TRIPLICATE)
Bond No.: 1074987
Contract No.: toiq- Q- S I
Approved: 3/ 51 z

WARRANTY BOND
Tract Map No, 19935
WHEREAS, theCityCounciloftheCityofChino, StateofCalifornia, hereinafterdesignatedasCITY" and RICHMOND AMERICAN HOMES, hereinafter designated as " PRINCIPAL," have entered intoanagreementwherebyPrincipalhasagreedtowarrantandguaranteetheinstallation, completion,andmaintenanceofcertaindesignatedpublicimprovements, whichsaidagreement, datedFebruary5th,2019, andidentifiedasProjectNo. TractMapNo. 19935, isherebyreferredtoandmadeaparthereof;and of Maryland, Inc.

WHEREAS, saidPrincipalisrequiredunderthetermsofsaidagreementtofurnishabondforthewarranty of said improvements.

NOW, THEREFORE, we, the Principal, and The Hanover Insurance Company , as surety, are heldandfirmlybounduntotheCityofChinointhepenalsumofSeventy-FourThousandTwenty-TwoDollars ($ 74,022.00) lawfulmoneyoftheUnitedStates, forthepaymentofwhichsumwellandtrulytobemade, webindourselves, ourheirs, successors, executors, andadministrators,jointlyandseverally,firmly by these presents.

TheconditionofthisobligationissuchthatiftheaboveboundPrincipal, hisoritsheirs, executors, administrators, successors, orassigns, shallinallthingsstandtoandabideby, andwellandtrulykeepandperformthecovenants,conditions,andprovisionsinsaidagreementandanyalterationthereofmade asthereinprovided, onhisortheirpart, tobekeptandperformedthereofmadeasthereinprovided, on hisoritspart,tobekeptandperformedatthetimeandinthemannerthereinspecified,andinallrespects accordingtotheirtrueintentandmeaning, andshallindemnifyandsaveharmlessCity, itsofficers, agents, andemployees, asthereinstipulated, thenthisobligationshallbecomenullandvoid; otherwise it shall be and remain in full force and effect.

Asa partoftheobligationsecuredhereby, andinadditionto thefaceamountspecifiedtherefor, thereshallbeincludedcostsandreasonableexpensesandfeesincludingreasonableattorneys' fees, incurredbytheCityinsuccessfullyenforcingsuchobligation, alltobetaxedascostsandincludedinany judgment rendered.

Thesuretyherebystipulatesand agreesthat nochange, extensionof time, alteration, or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanyingthesameshallin anywayaffectitsobligationsonthis bond, andit doesherebywaive noticeof any suchchange, extensionof time, alteration, or additionto the terms of the agreementor to the work or to the specifications.

INWITNESSWHEREOF, thisinstrumenthasbeendulyexecutedbyPrincipalandSuretyabove named, on March 5 , 2019
Richmo Americ Homes of land. Inc. The HanoverInsuranceCompanyCIPA SURETY By: By:

Kathleen K. Freund,Attorney-in-Fact

SIGNATURE( S) MUST BE NOTARIZED
Document No. 19808( PWFORMS\ BONDS- Warrantylrev. 04/ 2017) Page 1 of 1 258

CALIFORNIAALL-PURPOSEACKNOWLEDGMENT
A notarypublicorotherofficercompletingthis
certificate verifies only the identity of the individual who signedthedocumentto which this certificateis attached,
andnotthetruthfulness, accuracy, orvalidityofthat
document.

State of California
County of Orange
On
March6, 2019, beforeme, RhondaHarper, NotaryPublic, personallyappeared SondraHarris, whoprovedtomeonthebasisofsatisfactoryevidencetobetheperson(s) whosename(s) is/are subscribedto the within instrumentand acknowledgedto me that he/ she/ they executed the same in his/ her/ their authorized capacity( ies), and that by his/ her/ their signature( s) on the instrument the person( s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the Stateof California that the foregoing paragraph is true and correct.

RHONDA HARPER
1111 y Public - California
F
Notar
WITNESS my hand and official seal. i€ ::;-, a OrangeCounty C'° 1w9 Commission # 2151999 1.

My Comm. Expires Ma 30_2020
Signature) Affix Seal)
259

NOTARY ACKNOWLEDGMENT

STATE OF COLORADO
ss.

COUNTY OF DENVER
Theforgoinginstrumentwasacknowledgedbeforemethis5thdayofMarch, 2019byKathleenK. Freund,Attorney-in-FactforTheHanoverInsuranceCompany, aNewHampshire corporation, onbehalfof thecorporation.

NATHAN MULHAUSER
Notary Public
State of Colorado
Notary ID# 20064038639
e----d —My Commission Expires 09 22 2022
4Y4W1. _
Notary Public
My Commission Expires:

September 22, 2022
260

THE HANOVER INSURANCE COMPANY

MASSACHUSETTSBAYINSURANCECOMPANY

CITIZENSINSURANCECOMPANYOFAMERICA

POWERS OF ATTORNEY

CERTIFIED COPY
KNOWALLMENBYTHESEPRESENTS: ThatTHEHANOVERINSURANCECOMPANYandMASSACHUSETTSBAYINSURANCECOMPANY,bothbeingcorporationsorganizedandexistingunderthelawsoftheStateofNewHampshire,andCITIZENSINSURANCECOMPANYOFAMERICA,acorporationorganizedandexistingunderthelawsoftheStateofMichigan,doherebyconstituteandappoint JosephR.Poplawski,KathleenK.Freund,MargaritaHolguinand/orStacyKillebrew ofDenver,COandeachisatrueandlawfulAttorney(s)-in-facttosign,execute,seal,acknowledgeanddeliverfor,andonitsbehalf,andasitsactanddeedanyplacewithintheUnitedStates,or,ifthefollowinglinebefilledin,onlywithintheareathereindesignatedanyandallbonds,recognizances,undertakings,contractsof indemnityor otherwritingsobligatoryinthenaturethereof,asfollows:

RESOLVED,ThatthePresidentoranyVicePresident,inconjunctionwithanyVicePresident,beandtheyareherebyauthorizedandempoweredtoappointAttorneys-in-factoftheCompany,initsnameandasitsacts,toexecuteandacknowledgeforandonitsbehalfasSuretyanyandallbonds,recognizances, contractsofindemnity,waiversofcitationandallotherwritingsobligatoryinthenaturethereof,withpowertoattachtheretothesealoftheCompany.AnysuchwritingssoexecutedbysuchAttorneys-in-factshallbeasbindingupontheCompanyasiftheyhadbeendulyexecutedandacknowledgedbytheregularlyelectedofficersoftheCompanyintheirownproperpersons."(AdoptedOctober7, 1981 -TheHanoverInsuranceCompany;AdoptedApril14, 1982-MassachusettsBayInsuranceCompany;AdoptedSeptember7,2001-CitizensInsuranceCompanyofAmerica) INWITNESSWHEREOF, THEHANOVERINSURANCECOMPANY, MASSACHUSETTSBAYINSURANCECOMPANYandCITIZENSINSURANCECOMPANYOFAMERICAhavecausedthesepresentstobesealedwiththeirrespectivecorporateseals,dulyattestedbytwoVicePresidents,this 3rd day of April 2012. 8 ,
THEHANOVERINSURANCECOMPANYW w,„„
i
t rnryk MASSACHUSETTSBAYINSURANCECOMPANY
14zrSEAL
ja CITIZENS URANCE OMPANYOF AMERICA
1971
0,.._,_,_,t.:„.
e
Robert Thomas,Vice President

THE COMMONWEALTH OF MASSACHUSETTS )
8COUNTY OF WORCESTER ss. Joe renstrom, is President
Onthis3rddayofApril2012beforemecametheabovenamedVicePresidentsofTheHanoverInsuranceCompany, MassachusettsBayInsuranceCompanyandCitizensInsuranceCompanyofAmerica,tomepersonallyknowntobetheindividualsandofficersdescribedherein,andacknowledgedthatthe sealsaffixedtotheprecedinginstrumentarethecorporatesealsofTheHanoverInsuranceCompany,MassachusettsBayInsuranceCompanyandCitizensInsuranceCompanyofAmerica, respectively, andthatthesaidcorporatesealsandtheirsignaturesasofficersweredulyaffixedandsubscribedtosaidinstrument by the authority and direction of said Corporations. 0 BARBARA A. GARUCK
FI Notary Public
t1ccri. weaMh of Massachusetts 7a
JjMyGomnmui0n Expri3 Sept. 21, 2018 f C. LSE./{ dam
Barbara A. Garlick, Notary Public
My Commission Expires September 21, 2018
I,theundersignedVicePresidentofTheHanoverInsuranceCompany,MassachusettsBayInsuranceCompanyandCitizensInsuranceCompanyofAmerica,herebycertifythattheaboveandforegoingisafull,trueandcorrectcopyoftheOriginalPowerofAttorneyissuedbysaidCompanies,anddoherebyfurthercertify that the said Powers of Attorney are still in force and effect.

ThisCertificatemaybesignedbyfacsimileunderandbyauthorityofthefollowingresolutionoftheBoardofDirectorsofTheHanoverInsuranceCompany,MassachusettsBayInsuranceCompanyandCitizensInsuranceCompanyofAmerica.

RESOLVED,ThatanyandallPowersofAttorneyandCertifiedCopiesofsuchPowersofAttorneyandcertificationinrespectthereto,grantedandexecutedbythePresidentoranyVicePresidentinconjunctionwithanyVicePresidentoftheCompany,shallbebindingontheCompanytothesameextentasifallsignatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile." ( Adopted October 7, 1981 - The HanoverInsuranceCompany;AdoptedApril14,1982-MassachusettsBayInsuranceCompany;AdoptedSeptember7,2001-CitizensInsuranceCompanyofAmerica) GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 5th day of March 2019.

THE HANOVER INSURANCE COMPANY

MASSACHUSETTSBAY INSURANCECOMPANY

CITIZENSINSURANCECOMPANYOF AMERICA
6nMargosian,Vice President
261

9. 12

MEMORANDUM

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT
COUNCIL MEETING DATE: MARCH 5, 2019
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: NICHOLASS. LIGUORI, AICP, DEVELOPMENTSERVICESDIRECTOR SUBJECT: FINAL TRACT MAP NO. 19935.

RECOMMENDATION
1) ApproveTractMapNo. 19935includingacceptingdedicationofrightofwayforinterior streets; 2) approve the SubdivisionImprovementAgreementand securities; and 3) authorize theCityManagerto executethe necessarydocumentsonbehalfofthe City.

FISCAL IMPACT
There is no direct fiscal impactto the City.

Revenue: Expenditure:

Transfer In: Transfer Out:

CONSENT CALENDAR Packet Pg., 159
262

9. 12
COUNCIL MEETING DATE: MARCH 5, 2019
SUBJECT: FINAL TRACT MAP NO. 19935
PAGE 2

BACKGROUND
Tract Map No. 19935, as presented by RichmondAmerican Homes, consists of 73 residential lots on approximately 10.3 acres located near the northwest corner of Bickmore and Hellman Avenues ( Exhibit A). Tentative Tract Map No. 19935, processed by Lewis Communities, was conditionallyapprovedbytheCityof ChinoPlanningCommissionon June30, 2015, as a partof the Harvest at The Preserve development.

ISSUES/ ANALYSIS
Duringthe publictestimonyat the December3, 2018PlanningCommissionmeetingfor Site Approval PL18-0075, which is an applicationfor the development of homes within the tract, a discrepancywas discoveredon the map regardingthe Map's privatestreets and sidewalk widths. Additionally, it was pointed out that the City's current Subdivision Ordinance, adopted in 2010, does not allow private streets in single-family home developments. The Preserve DevelopmentAgreement, adoptedin 2004, allowsmapsprocessedby LewisCommunitiesto conform to the subdivision ordinance that was in effect at the time of the Agreement, which had no suchprohibitionon privatestreets. Dueto the potentialissuesthatarisefrom privatestreets andinfrastructureduringtheconstruction/acceptanceprocess, aswellas potentialmaintenance issuesinthelongterm, thePlanningCommissionconditionedtheprojectsto converttheprivate streets to public.

Staff collaborated with the City Attorney, Richmond American, and Lewis Communities to resolvethe discrepanciesof convertingthe privatestreetsto public, wideningthe sidewalks fromfourfeetto fivefeet in width, andaddressingthe infrastructurethat has beenconstructed.

Followingdiscussion, the PlanningCommissionunanimouslyapprovedthesemajorrevisionsto the Site Approval.

TheCityEngineerdeterminedthattheinternalroadsneededto bepublicright-of-wayandthat the sidewalkneededto be fivefeet in widthto bein conformancewiththe MunicipalCodeand CityStandards, respectively. Therevisedmapshavebeenreviewedandit is readyforCouncil's consideration. It shouldbe notedthatapprovalofthischangewouldalso requirean adjustment to the SubdivisionImprovementAgreementsand amountof the necessarysecuritiesto guarantee the construction of public improvements as the roads, sidewalk and water improvementsarepublic. TheCityAttorneywillreviewandapprovethesecuritiesto beposted.

Attachments: Subdivision Improvement Agreement( Water Improvements) SubdivisionImprovementAgreement (Street Improvements)
Exhibit A- Tract Map No. 19935
CONSENT CALENDAR Packet Pg: 1 .,
263

SUBDIVISIONIMPROVEMENTAGREEMENT
between

CITY OF CHINO
and

RICHMOND AMERICAN HOMES
01225. 0006/ 369377. 1
Updated 11- 2017
264

SUBDIVISIONIMPROVEMENTAGREEMENTBETWEEN

THE CITY OF CHINO
AND

RICHMOND AMERICAN HOMES
Agreement Date: March 5th, 2019
Subdivider Name: RichmondAmericanHomes (hereinafter"Subdivider) Subdivision Description: Tract Map No. 19953 — 10 residential lots on approximately 1.3 acres located near the northwest corner of Bickmore and Hellman Avenues ( hereinafter Subdivision")
Tentative Map No.: 19953 - Approval Date: June 30th, 2015 hereinafter" Approved Tentative Map")
Estimated Total Cost of Improvements: $ 66, 480. 00
Estimated Total Cost of Monumentation: $ 2, 285. 00 ( based upon the plans, including individual lots, subdivision boundary and public improvements).

Security:

Bond No.: 1074988
Surety: The Hanover Insurance Company
01225. 0006/ 369377. 1
265
Designeesfor the Service of Written Notice:

CITY: SUBDIVIDER:

Christopher L. Magdosku Richmond American HomesCity Engineer Rola A. Nicasio
13220 Central Avenue Senior Project Manager
Chino, CA 91710 5171 California Avenue, Ste. 106
Irvine, CA 92617
909) 334- 3417 rola. nicasio@mdch. com
949) 279- 0398

CITY PROJECT INSPECTOR SURETY
Ronnie Hernandez
Permit & Inspection Supervisor The HanoverInsuranceCompany 13220 Central Avenue
Chino, CA 91710
909) 334- 3433
01225. 0006/ 369377. 1
266

TABLE OF CONTENTS

1. Construction Obligations 1

1. 1 Works of Improvement

1. 2
OtherObligationsReferencedinConditionsofTentativeMapApproval

1. 3 Intent of Plans

1. 4 Survey Monuments

1. 5 Performance of Work

1. 6 Changes in the Work

1. 7 Defective Work

1. 8 No Warranty by City

1. 9 Authority of the City Engineer

1. 10 Documents Available at the Site

1. 11 Inspection

1. 12 Compliance with Law; Applicable Standards for Improvements

1. 13 Suspension of Work

1. 14 Erosion and Dust Control and Environmental Mitigation

1. 15 Final Acceptance of Works of Improvement

1. 16 Vesting of Ownership

1. 17 Subdivider's Obligationto Warn PublicDuringConstruction

1. 18 Injuryto PublicImprovements, PublicPropertyor PublicUtility

2. Time for Performance 5

2. 1 Commencement and Completion Dates

2. 2 Phasing Requirements

2. 3 Force Majeure

2. 4 Continuous Work

2. 5 Reversion to Acreage

3. Labor 6

3. 1 Labor Standards

3. 2 Nondiscrimination

3. 3 Licensed Contractors

3. 4 Workers' Compensation

4. Security 7

4. 1 Required Security

4. 2 Form of Security Instruments

4. 3 Subdivider' s Liability

4. 4 Letters of Credit

4. 5 Release of Security Instruments

5. Cost of Construction and Provision of Inspection Service 10

5. 1 Subdivider Responsible for All Related Costs of Construction 01225. 0006/ 369377. 1
267

5. 2
PaymenttoCityforCostofRelatedInspectionandEngineeringServices5. 3 Payment of Development Impact Fees

6. Acceptance of Offers of Dedication 10

7. Warranty of Work 11

8. Default 11

8. 1 Default by Subdivider

8. 2 Remedies

8. 3 Notice of Violation

8. 4 Remedies Not Exclusive

8. 5 Attorney' s Fees and Costs

8. 6 Waiver

9. Indemnity/ Hold Harmless 12

10. Subdivider' s Indemnity of Project Approval 13

11. Insurance Requirements 14

12. Environmental Warranty 16

13. General Provisions 17

13. 1 Successors and Assigns

13. 2 No Third- Party Beneficiaries

13. 3 No Vesting Rights

13. 4 Subdivider is Not Agent of City

13. 5 Time of the Essence

13. 6 Notices

13. 7 No Apportionment

13. 8 Severability

13. 9 Captions

13. 10 Incorporation of Recitals

13. 11 Interpretation

13. 12 Entire Agreement; Waivers and Amendments

13. 13 Counterparts

14. Authority 18
01225. 0006/ 369377. 1
268

SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT ( this " Agreement") is enteredintothis5thdayofMarch, 2019, byandbetweentheCITYOFCHINO, a municipal corporation, organizedandexistingintheCountyofSanBernardino, underandbyvirtueofthelaws of the State of California, (" CITY"), and RICHMONDAMERICANHOMES (Subdivider").

RECITALS
A.

Subdivideristheownerof, andhasobtainedapprovalofa subdivisionmapidentified as Tentative Tract Map No. 19953, ( the " Map"), locatedin the City of Chino, Countyof San Bernardino, State of California ( the " Property"), as described on Exhibit " A". The Map requiresSubdividerto complywithcertainconditionsof approvalforthedevelopmentofthe Property ( the " Conditions") as described on Exhibit " B".

B. Pursuantto theConditions, Subdivider, bytheMap, hasofferedfordedicationto CityforpublicuseofthestreetsandeasementsshownontheMap. Citydesirestoacceptthe streets and easements shown on the Map for public use, and certain other improvements described in this Agreement.

C. Subdividerhasdeliveredto City, andCityhasapproved, plansandspecifications and related documents for certain " Works of Improvement" ( as hereinafter defined) which are required to be constructed and installed in order to accommodate the development of the Property.

D. Subdivider's agreement to construct and install the Works of Improvement pursuant to this ' Agreement and its offer of dedication of the streets, easements and other improvementsand facilities, as shownon the Map, are a materialconsiderationto City in approvingTract Map No. 19953for the Propertyand permittingdevelopmentof the Propertyto proceed.

COVENANTS
Based upon the foregoing Recitals which are incorporated herein by reference and in consideration of City's approving the Map for the Property and permitting development of the Property to proceed, Subdivider agrees to timely perform all of its obligations as set forth herein.

1. Construction Obligations.

1. 1. Works of Improvement. Subdivider agrees, at its sole cost and expense, to constructor install, or causeto be constructedor installedthe street improvementsmorefully described in Exhibit " B" attached hereto ( the " Works of Improvement"), as the same may be supplemented and revised from time to time as set forth in this Agreement ( said plans and specifications, together with all related documents, the " Plans"). The estimated construction cost for the Works of Improvement is $ 66, 480. 00.
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1. 2. Other Obligations Referenced in Conditions of Tentative Map Approval. In addition to the foregoing, Subdivider shall satisfy all of the Conditions on the Map for the Property. The Conditions associated with the Map are included in Exhibit " B" attached hereto.

1. 3. Intent of Plans. The intent of the Plansreferenced in Section 1.1 is to prescribe a completework of improvement which Subdividershall perform or cause to be performed in a manner acceptable to the City Engineer, ( or designee), and in full compliance with all codes and the terms of this Agreement. Subdivider shall complete a functional or operable improvementor facility, even though the Plans may not specifically call out all items of work required for Subdivider' s contractor to complete its tasks, incidental appurtenances, materials, and the like. If any omissions are made or information necessary to carry out the full intent and meaning of the Plans, Subdivider or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the eventof any doubt or questionarisingregardingthe true meaningof any of the Plans, reference shall be made to the City Engineer whose decision thereon shall be final.

Subdivider recognizes that the Plans consist of general drawings. All authorized alterationsaffectingthe requirementsand informationgiven on the Plansshall be in writing andapprovedbytheCityEngineer. ThePlansshallbesupplementedbysuchworkingorshop drawings as are necessary to adequately control the work. Without the City Engineer's prior written approval, no change shall be made by Subdivideror its contractorto any plan, specification, or working or shop drawing after it has been stamped as approved.

1. 4. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments as shown on Tract Map No. 19953 in accordance with the provisionsof the StateSubdivisionMapAct andthe SubdivisionOrdinanceof the Cityof Chino. Subdivider shall provide security for such obligation as provided in Section 4.1(a)(iii) and, after setting the monuments, Subdivider shall furnish the City Engineer written notice of the setting of said monumentsand written proof of having paid the engineer or surveyor for the setting of said monuments.

1. 6. Changes in the Work. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Paragraph 4, mayorderextraworkor maymakechangesbyalteringor deletingany portionof theWorksof ImprovementasspecifiedhereinorasdeemednecessaryordesirablebytheCityEngineeras determinednecessaryto accomplishthepurposesofthisAgreementandto protectthepublic health, safety, orwelfare. TheCityEngineershallnotifySubdivideroritscontractorinwriting by CorrectionNotice) at the time a determinationhas been madeto requirechangesin the work.

1. 7. Defective Work. Subdivider shall cause its contractor to repair, reconstruct, replace, or otherwise make acceptableany work found by the City Engineer to be defective. 01225. 0006/ 369377. 1 2 of 19
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1. 8. No Warranty by City. The Plansfor the Works of Improvementhave been preparedbyoronbehalfofSubdivideror itsconsultantsorcontractors, andCitymakesno representationorwarranty, expressorimplied, toSubdividerortoanyotherpersonregardingthe adequacy of the Plans or related documents.

1. 9. Authority of the City Engineer.

Inadditiontotheauthoritygrantedto theCityEngineerelsewhereinthisAgreement, theCityEngineershallhavetheauthoritytodecideall questionswhichmayariseasto thequalityandacceptabilityof materialsfurnishedandwork performed, and all questionsas to the satisfactoryand acceptablefulfillmentof the termsof this Agreement by Subdivider and its contractor.

1. 10. Documents Available at the Site. Subdividershallcauseitscontractorto keepa copyofallapprovedPlansatthejobsiteandshallgiveaccesstheretototheCity's inspectors and engineers at all times.

1. 11. Inspection. Subdividershallhaveanauthorizedrepresentativeon thejob siteat all timesduringwhichwork is beingdonewho has full authorityto act for Subdivider, or its design engineer, and , Subdivider' s contractor( s) regarding the Works of Improvement.

Subdividershallcauseits contractorto furnishtheCitywitheveryreasonablefacilityfor ascertaining whether or not the Works of Improvementas performed are in accordance with the requirements and intent of this Agreement, including the Plans. If the City inspector requests it, the Subdivider' s contractor, at any time before acceptance of the Works of Improvement, shallremoveor uncoversuchportionsof thefinishedworkas maybedirected which have not previously been inspected. After examination, the Subdivider' s contractor shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City Engineer (or designee) shall not be considered as direct control of the individual workmen on the job site. City's inspectorsshall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement.

The inspectionof the work by City shall not relieveSubdivideror its contractorof any obligationsto fulfillthisAgreementas hereinprovided, and unsuitablematerialsor work may be rejected notwithstandingthat such materialsor work may have been previously overlooked or accepted.
1 .12. Compliance with Law; Applicable Standards for Improvements. In addition to the express provisions of this Agreement and the Plans, Subdivider shall cause construction of the Works of Improvement to be completed in accordance with all other applicable federal, state, andlocallaws, ordinances, rulesandregulations. Inaddition, withoutlimitingtheforegoing, the Subdividershall, at its expense, obtain and complywith the conditions of all necessary permits and licenses for the constructionof the Works of Improvement. The Subdivider shall also give all necessary notices and pay all fees and taxes as required by law.

Subdivider shall construct the improvementsin accordance with the City standards in effect at the time of the adoption of the Approved Tentative Map. City reserves the right to protect the public safety or welfare or comply with applicable Federal or State law or City zoning ordinances.

1.13. Suspension of Work. The City Engineershall have authority to order suspension of the work for failure of the Subdivider's contractor to comply with law pursuant to Section 01225. 0006/ 369377. 1 3 of 19
271

1. 12.

1. 15. Final Acceptanceof Works of Improvement. After Subdivider's contractorhas completedall of the Worksof Improvement, Subdividershallthenrequesta final inspectionof the work. If items are found by the City's inspectorsto be incomplete or not in compliancewith thisAgreementor anyoftherequirementscontainedor referencedherein, Citywillinformthe Subdivideror its contractorof such items. After the Subdivider's contractorhas completed these items, the procedure shall then be the same as specified above for the Subdivider's contractor' s initial request for final inspection. If items are found by City's inspectors to be incomplete or not in compliance after two ( 2) " final" inspections, the City may require the Subdivideror its contractor, as a condition to performingfurther field inspections, to submit in writinga detailedstatementof the work performedsubsequentto the date of the previous inspection which was found to be incomplete or not in compliance at that time. Subdivider shall be responsible for payment to City Engineer of re-inspection fees in the amount necessaryto coverthe City's costsfor additionalfinal inspections, as determinedby the City Engineer.

No inspection or acceptance pertaining to specific parts of the Works of Improvement shallbe construedasfinalacceptanceof anypartuntilthe overallfinalacceptancebythe City Engineer is made. The City Engineer shall make a certification of completion and acceptance on theWorksof Improvementby recordationof a Noticeof Acceptanceon behalfof the City.

Final acceptance shall not constitute a waiver by the City Engineer of defective work subsequently discovered.

The date on which the Works of Improvement will be considered as complete shall be the date of the Notice of Acceptance.

1.16. Vestingof Ownership. Uponrecordationof the Noticeof Acceptance, ownership of the Works of Improvement shall vest in the City.

1. 17. Subdivider' s Obligation to Warn Public During Construction. Until recordation of the Notice of Acceptance, Subdivider shall give good and adequate warning to the public of any dangerous condition of the Works of Improvements, and shall take reasonable actions to protect the public from such dangerous condition. Until recordation of the Notice of Acceptance, Subdivider shall provide forty- eight ( 48) hours' advance written notice to all 01225. 0006/ 369377. 1 4 of 19
272
neighboringpropertyownersandtenantsaffectedbySubdivider's operationsorconstructionof the hours, dates and duration of any plannedconstructionactivities.

1. 18.

Iniuryto PublicImprovements, PublicPropertyorPublicUtility. Untilrecordation oftheNoticeofAcceptanceoftheWorksofImprovement, Subdividerassumesresponsibilityforthecareandmaintenanceof, andanydamageto, theWorksofImprovements. Subdivider shallreplaceorrepairallWorksofImprovements, publicproperty, publicutilityfacilities, and surveyingor subdivisionmonumentsand benchmarkswhich are destroyedor damagedfor any reason, regardless whether resulting from the acts of the Subdivider, prior to the recordation of the Notice of Acceptance. Subdivider shall bear the entire cost of such replacementorrepairsregardlessofwhatentityownstheunderlyingproperty. Anyrepairor replacementshallbetothesatisfaction, andsubjecttotheapproval, oftheCityEngineer.

Neitherthe City, nor any officeror employeethereof, shallbe liable or responsiblefor any accident, loss or damage, regardless of cause, occurring to the work or Works of Improvementspriorto recordationof the NoticeofAcceptanceoftheworkor improvements.

2. Time for Performance.

2. 1. Commencement and Completion Dates. Subject to Sections 2. 2 and 2.3 below, Subdividershall (i) commencewith constructionand installationof the Worksof 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 Improvementwithin two (2) years after the Commencement Date. Intheeventgoodcauseexistsasdeterminedby the CityEngineer, the time for commencement of construction or completion of the Works of Improvement hereundermay be extended by up to three (3) additionalone-year periods. Extensions shall be executed in writing by the City Engineer. The City Engineer in his or her sole discretion determineswhether or not the Subdivider has established good cause for an extension. As a conditionofsuchextension, theCityEngineermayrequireSubdividerto furnishnewsecurity guaranteeing performance of this Agreement, as extended, in an increased amount to compensatefor any increasein constructioncosts as determinedby the City Engineer. If Subdivider requests and is granted an extension of time for completion of the improvements, City may apply the standards in effect at the time of the extension.

2. 2. Phasing Requirements. Notwithstanding the provisions of Section 2. 1, the City reserves the right to control and regulate the phasing of completion of specific Works of Improvement as required to comply with applicable City ordinances, regulations, and rules relating to the timely provision of public services and facilities. In addition to whatever other remediesthe City may have for Subdivider's failure to satisfy such phasing requirements, as the samenow exist or may be amendedfromtime to time, SubdivideracknowledgesCity's rightto withholdthe issuanceof furtherbuildingpermitson the Propertyuntil such phasing requirements are satisfied. Prior to issuance of building permits, Subdivider shall provide satisfactory evidence that all applicable requirements that are a condition to issuance of building permits have been satisfied. Such requirements may include the payment of fees, construction of improvements, or both. Final inspections or issuance of Certificates of Occupancymaybe withheldfrom the Subdividerby the City, if, upona determinationby the City Engineer, completion of specific Works of Improvements or other requirements associated with the developmentof the Property have not been completedto the City Engineer's satisfaction.
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2. 3. Force Majeure. Notwithstandingtheprovisionsof Section2.1, Subdivider's time forcommencementandcompletionoftheWorksof Improvementshallbeextendedforthe periodofanyenforceddelaycausedduetocircumstancesbeyondthecontrolandwithoutthefault of Subdivider, 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, thattheperiodofanyenforceddelayhereundershallnotincludeanyperiodlonger thanfive (5) dayspriorto City's receiptof a writtennoticefromSubdivideror its contractor detailingthegroundsfor Subdivider's claimto, a rightto extendits timefor performance hereunder.

TheCityEngineershallevaluateall claimsto ForceMajeureandtheCityEngineer' s decision shall be final.

2. 4. Continuous Work. After commencement of construction of the Works of Improvement ( or separate portion thereof), Subdividershallcausesuchworkto be diligently pursuedto completion, andshallnotabandontheworkfora consecutiveperiodor morethan thirty ( 30) days, events of Force Majeure excepted.

2. 5. Reversion to Acreage. In additionto whateverotherrightsCitymayhavedueto Subdivider's failuretotimelyperformitsobligationshereunder, SubdividerrecognizesthatCity reservesthe right to revert the Propertyto acreage subject to the limitations and requirements set forth in California Government Code Section 66499. 11 through Section 66499. 20. 1. In this regard, Subdivider agrees that if the Works of Improvement have not been completed on or before the later of two (2) years from the date of this Agreement or within the time allowed herein, whicheveristhelater, andif Citythereafterinitiatesproceedingsto reverttheProperty to acreage, pursuant to Government Code Section 66499.16, Subdivider hereby consents to such reversion to acreage and agrees that any improvements made by or on behalf of Subdividershall not be consideredin determiningCity's authorityto revert the Propertyto acreage.

3. Labor.

3. 1. Labor Standards. ThisAgreementis subjectto, andSubdivideragreesto 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. Subdividershall expresslyrequirecompliancewith the provisionsof this Section in all agreements with contractors and subcontractors for the performance of the Works of Improvement.

3. 2. Nondiscrimination. In accordance with the California Fair Employment and Housing Act (" FEHA"), California Government Code Section 12940 et seq., Subdivider agrees that Subdivider, its agents, employees, contractors, and subcontractorperformingany 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, medicalcondition, geneticinformation, maritalstatus, sex, gender, genderidentity, gender expression, age, sexual orientation, or military and veteran status. Subdivider shall expressly require compliance with the provisions of this Section in all agreements with contractors and subcontractors for the performance of this Agreement. 01225. 0006/ 369377. 1 6 of 19
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3. 3. Licensed Contractors. Subdividershallcauseall of theWorksof Improvementto beconstructedbycontractorsandsubcontractorswithvalidCaliforniaContractors' licensesfor the type of work being performed. All of Subdivider's contractorsand subcontractorsshall obtaina validCityof Chinobusinesslicensepriorto performinganyworkpursuantto this Agreement. SubdividershallprovidetheCityEngineerwitha listofallof itscontractorsand subcontractorspriorto initiatinganywork, andall validContractor's licensesandbusiness licensesissuedtheretoasaconditionofconstructingtheWorksofImprovements.

3. 4. Worker' s Compensation. Subdivider shall cause every contractor and subcontractorperformingany of the Worksof Improvementto carryWorkers' Compensation InsuranceasrequiredbytheLaborCodeoftheStateof Californiaandshallcauseeachsuch contractorandsubcontractorto submitto Citya Certificateof Insuranceverifyingsuch coveragepriorto suchcontractororsubcontractorenteringontothejob site.

4. Security.

4. 1. Required Security.
a) At the time Subdivider executes this Agreement, Subdivider shall furnish to City the following bonds, letters of credit, instruments of credit (assignment of deposit account) or other security acceptable to City in its sole and absolute discretionand satisfyingthe requirementsof the applicableprovisionsof this Section4 below (hereinafter "SecurityInstruments"):
i) A Security Instrumentsecuring Subdivider's faithful performance of all of the Works of Improvement (" Faithful Performance Security Instrument"), in the amount of $ 66, 480. 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 33, 240. 00 equal to 50% of the estimated construction cost referenced in Section 1. 1.
iii) A Security Instrument guaranteeing the payment of the cost of setting monuments as required in Section 1.4 in the amount of 2, 285. 00 equal to 100% of the cost thereof.

This Agreementshall 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 Noticeof Completion, Subdividershall delivera SecurityInstrumentwarranting the work accepted for a period of one ( 1) year following said acceptance Maintenance and Warranty Security Instrument"), in the amount of $ 6, 648. 00 01225. 0006/ 369377. 1 7 of 19
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equal to 10% of the estimatedconstructioncost set forth in Section1.1 or a suitable amount determinedby 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 requirementsandotherwiseshallbeinaformprovidedbyCityorotherwiseapprovedbytheCity Attorney:
a) Bonds.

ForSecurityInstrumentsprovidedintheformofbonds, anysuch bondmustbeissuedandexecutedbyaninsurancecompanyorbankauthorized to transactsuretybusinessintheStateof California. Anyinsurancecompany actingas suretyshall havea minimumrating of A-IX, as rated by the current editionof Best's KeyRatingGuidepublishedbyA.M. Best's Company, Oldwick, NewJersey, 08858. Anybankactingassuretyshallhavea minimumratingof AA, as rated by Moody' s or Standard & Poor' s.
b) Letters of Credit. ForSecurityInstrumentswhicharelettersof credit, any letter of credit shall be an originalseparate unconditional, irrevocable, negotiable and transferablecommercialletterof creditissuedby a financialinstitutionwith offices in the State of Californiaacceptableto City. Any such letter of credit shall specificallypermitCityto drawon sameby unilateralcertificationof the City Engineer of the City that Subdivider is in default under its payment or performance obligations hereunder or in the event Subdivider fails to deliver a replacement letter of credit not less than thirty ( 30) days prior to the date of expirationof anysuchletterof creditandshallfurtherbe subjectto the provisions of Section 4. 4.
c) Instrument of Credit. For Security Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to City all of Subdivider' s interest in funds on deposit in one or more bank accountswith financial institutionsacceptable to City. d) General Requirements for all Security Instruments. i) Payments under any Security Instruments shall be required to be made ( and, with respect to bonds, litigation shall be required to be instituted and maintained) in the City of Chino, State of California and the Security Instrument shall so provide).
ii) Each Security Instrument shall have a minimum term of one ( 1) year after the deadline for Subdivider' s completing the Works of Improvement, in accordance with Section 2. 1 ( other than Instruments of Credit, which shall have no defined term or expiration date).
iii) Each Security Instrumentshall provide that changes may be made in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and without affecting the obligations under such Security Instrument. 01225. 0006/ 369377. 1 8 of 19
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iv)
If the Subdividerseeksto replaceany securitywith another security, the replacement shall: ( 1) comply with all the requirements for security in this Agreement; ( 2) be provided by the Subdivider to theCityEngineer; and (3) uponitswrittenacceptancebytheCityEngineer, be deemed a part of this Agreement. Upon the CityEngineer' s acceptance of a replacement security, the former security may be releasedby the City.

4. 3. Subdivider' s Liability. While no action of Subdivider shall be required in order for Cityto realizeon itssecurityunderanySecurityInstrument, Subdivideragreesto cooperate with Cityto facilitateCity's realizationunderanySecurityInstrument, and to take no actionto preventCityfromsuchrealizationofanySecurityInstrument. Notwithstandingthegivingofany SecurityInstrumentorthesubsequentexpirationofanySecurityInstrumentoranyfailureby any surety or financial institution to perform its obligations with respect thereto, Subdivider shallbe personallyliablefor performanceunderthisAgreementandfor paymentof the cost of thelaborandmaterialsfortheimprovementsrequiredto beconstructedor installedhereby and shall, within ten ( 10) days after writtendemandtherefor, deliverto City such substitute securityas City shall requiresatisfying the requirementsin this Section 4.

4. 4. Letters of Credit.
a) In the event a letter of credit is given pursuant to Section 4. 2( b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit expiring in not less than one ( 1) year, unless City agrees to a lesser term in City's soleand absolutediscretion) is notdeliverednot lessthanthirty (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 creditdeliveredhereunder, issuedby a financialinstitutionacceptableto City as of the date of delivery of the replacement letter of credit. b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Subdivider. If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as provided in the foregoing. Subdivider agrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein, and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City's security interest in such account.

4. 5. Release of Security Instruments. The City shall release all Security Instruments consistent with Government Code Sections 66499. 7 and 66499. 8, Section 19. 09. 010 of the Chino Municipal Code, and as follows:
a) City shall release the Faithful PerformanceSecurity Instrument and Labor and Materials Security Instrument when all of the following have occurred:
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i)
Subdividerhasmadewrittenrequestforreleaseandprovided
evidenceofsatisfactionofallotherrequirementsinthisSection4.5; ii) the Works of Improvementhave been accepted;
iii)
Subdividerhasdeliveredthe MaintenanceandWarrantySecurity Instrument; and iv) after passageof the time within which lien claims are required to bemadepursuantto Title3 (commencingwithSection9000) of Part6 ofDivision4 oftheCivilCodeoftheStateofCalifornia. Iflien claims have been timely filed, City shall hold the Labor and MaterialsSecurityInstrumentuntilsuchclaimshavebeenresolved, Subdividerhasprovideda statutorybond, or otherwiseas required by applicable law.
b) CityshallreleasetheMaintenanceandWarrantySecurityInstrumentupon Subdivider' s written request upon the expiration of the warranty period, and settlementof any claims filed duringthe warranty period. c) The City may retain from any security released, an amount sufficient to covercostsandreasonableexpensesandfees, includingreasonableattorney's fees.

5. Cost of Construction and Provision of Inspection Service.

5. 1. Subdivider Responsible for All Costs of Construction. Subdivider shall be responsiblefor payment of all costs incurredfor construction and installation of the Works of Improvement. In the eventSubdivideris entitledto reimbursementfrom City for any of the Works of Improvement, such reimbursement shall be subject to a separate Reimbursement Agreement to be entered into between Subdivider and City prior to construction of the Works of Improvement.

5. 2. Payment to City for Cost of Related Inspection and Engineering Services.

Subdividershall compensateCity for all of City's costs reasonablyincurred in having its authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Subdivider shall compensate City for all design, plan check, evaluating any proposed or agreed- upon changes in the work. The procedures for deposit and payment of such fees shall be as established by the City. In no event shall Subdivider be entitled to additional inspections or a final inspection and acceptance of any of the Works of Improvementuntil all City fees and charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections.

5. 3. Payment of DevelopmentImpact Fees. Subdividershall pay Development Impact Fees pursuant to and in accordance with Chino Municipal Code Chapters 3.40 and 3.45.

6. Acceptance of Offers of Dedication. The City Council shall pass as appropriate resolution or resolutions accepting all offers of dedication shown on the Map for the Property, with acceptanceto become effective upon completionand acceptance by City of the Works of 01225. 0006/ 369377. 1 10 of 19
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Improvement. Suchresolution(s) shallauthorizetheCityClerktoexecutetheCertificatemade a part of the Map regardingsaid acceptanceof the offer of dedication.

7. Warranty of Work. Subdividershall guaranteeall Worksof Improvementagainst defective materials and workmanship for a period of one ( 1) year from the date of final acceptance.

IfanyoftheWorksof Improvementshouldfailorprovedefectivewithinsaidone 1) yearperiodduetoanyreasonotherthanimpropermaintenance, orif anysettlementoffill or backfill occurs,
or shouldanyportionof theWorksof Improvementfail to fulfillany requirements of the Plans, Subdivider, within fifteen ( 15) days after written notice of such defects, orwithinsuchshortertimeasmayreasonablybedeterminedbytheCityintheevent ofemergency, shallcommenceto repairorreplacethesametogetherwithanyotherwork which may be damaged or displaced in so doing. ShouldSubdividerfail to remedydefective materialand/or workmanshipor makereplacementsor repairswithinthe periodof timeset forthabove, Citymaymakesuchrepairsandreplacementsandtheactualcostoftherequired laborandmaterialsshallbechargeabletoandpayablebySubdivider. Thewarrantyprovided hereinshall not be in lieu of, but shall be in additionto, any warrantiesor other obligations otherwise imposed by law.

8. Default.

8. 1. Defaultby Subdivider. Defaultby Subdividershall include, but not be limited to:
a) Subdivider' s failure to timely commence construction of Works of Improvement under this Agreement;
b) Subdivider' s failure to timely complete construction of the Works of Improvement;
c) Subdivider's failureto performsubstantialconstructionworkfor a periodfor 20 consecutive calendar days after commencement of the work; d) Subdivider' s insolvency, appointment of a receiver, or the filing of any petition in bankruptcy, either voluntary or involuntary, which Subdivider fails to discharge within 30 days;
e) The commencement of a foreclosure action against the subdivision or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or f) Subdivider' s failure to perform any other obligation under this Agreement.

8. 2. Remedies. The City reserves all remedies available to it at law or in equity for a default or breach of Subdivider's obligations under this Agreement. The City shall have the right, subjectto thisSection, to drawuponor usetheappropriatesecurityto mitigatethe City's damages in the event of default by Subdivider. The City's right to draw upon or use the security is in addition to any other remedy available to City. The parties acknowledge that the estimated costs and security amounts may not reflect the actual cost of construction of the improvementsand, therefore, City's damagesfor Subdivider's defaultshall be measuredby the costof completingthe requiredimprovements. TheCitymayusethe sumsprovidedby the securities for the completionof the Works of Improvementin accordancewith the plans. In the 01225. 0006/ 369377. 1 11 of 19
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eventtheSubdividerfailstocureanydefaultunderthisAgreementwithin20daysafterthe CitymailsanoticeofsuchdefaulttotheSubdividerandtheSubdivider'ssurety, Subdivider authorizestheCitytoperformtheobligationforwhichSubdivideris indefaultandagreesto paytheentirecostofsuchperformancebytheCity. TheCitymaytakeovertheworkand complete the Works of Improvement, by contractor by anyothermethodCitydeems appropriate, attheexpenseoftheSubdivider. Insuchevent, City, withoutliabilityfordoingso,maycompletetheWorksof Improvementusinganyof Subdivider's materials, appliances, plansandotherpropertythatareattheworksiteandthatarenecessarytocompletetheWorks of Improvement.

8. 3. Notice of Violation. The Subdivider's failure to complywith the terms of this AgreementconstitutesSubdivider's consentfortheCitytofilea noticeofviolationagainstall the lots in the Subdivision, or to rescind or otherwise revert the Subdivision to acreage.

Subdividerspecificallyrecognizesthatthedeterminationofwhethera reversionto acreageor rescissionof the Subdivisionconstitutesan adequateremedyfor defaultby the Subdivider shall be within the sole discretion of the City.

8. 4. Remedies Not Exclusive. Inanycasewherethis Agreementprovidesa specific remedyto Cityfor a defaultby Subdividerhereunder, the Subdivideragreesthatthe choiceof remedyorremediesforSubdivider's breachshallbeinthediscretionoftheCity. Additionally, any remedyspecificallyprovided in this Agreementshall be in addition to, and not exclusive of, City's rightto pursueanyotheradministrative, legal, orequitableremedytowhichit mayby entitled.

8. 5. Attorney' s Fees and Costs. In the eventthat Subdividerfails to performany obligationunderthisAgreement, Subdivideragreesto payallcostsandexpensesincurredby City in securing performance of such obligations, including costs of suit and reasonable attorney' s fees. In the event of any dispute arising out of Subdivider's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailingpartyin such action, in additionto any otherreliefwhichmay be granted, shall be entitled to recover its reasonable attorney' s fees and costs. Such attorney' s fees and cost shallincludefees andcostson any appeal, and in additiona partyentitledto attorney's fees and costs shall be entitled to all other reasonablecosts 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 Subdivider shall be consideredvalid unless in writing, and no suchwaiver by the City shall be deemed a waiver of any subsequent breach or default by the Subdivider.

9. Indemnity/ Hold Harmless. City or any officer, employee or agent thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of Subdivider, its agents, employees, contractorsand subcontractors in the performance of this Agreement. Subdividerfurtheragreesto protect, defend, indemnifyand holdharmlessCity, its officials, boardsand commissions, and membersthereof, agents, and employeesfrom any and all claims, demands, causesof action, liabilityor loss of any sort, becauseof, or arising out of, acts or omissions of Subdivider, its agents, employees, contractors and subcontractors 01225. 0006/ 369377. 1 12 of 19
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intheperformanceofthisAgreement, exceptforsuchclaims, demands, causesof action, liability or loss arising out of the sole active negligence of the City, its officials, boards, commissions, the members thereof, agents and employees, including all claims, demands, causesofaction, liabilityorlossbecauseoforarisingoutof, inwholeorinpart, thedesignor constructionof theimprovements. Thisindemnificationandagreementto holdharmlessshall extendto injuriesto personsanddamagesor takingof propertyresultingfromthedesignor construction of said Subdivision, and the public improvements as provided herein, and in addition, to adjacentpropertyownersas a consequenceof thediversionof watersfromthe design and construction of public drainage systems, streets and other improvements.

Recordationof theNoticeof AcceptancebytheCityof theWorksof Improvementsshallnot constituteanassumptionbytheCityofanyresponsibilityforanydamageortakingcoveredby thisSection. Cityshallnotberesponsibleforthedesignorconstructionofthepropertytobe dedicatedor theimprovementspursuantto theapprovedimprovementplansor map, regardlessofanynegligentactionorinactiontakenbytheCityinapprovingtheplansormap, unlessthe particularimprovementdesignwas specificallyrequiredby City over written objectionby Subdividersubmittedto the City Engineerbeforeapprovalof the particular improvementdesign, which objectionindicatedthat the particularimprovementdesignwas dangerous or defective and suggested an alternative safe and feasible design.

After recordationof the Notice of Acceptance, the Subdivider shall remain obligated to eliminateany latent defect in design or dangerouscondition caused by the design or constructiondefect; however, Subdivider shall not be responsiblefor routine maintenance. The provisionsofthisparagraphshallremaininfullforceandeffectforten (10) yearsfollowingthe recordation of the Notice of Acceptance by the City of the Works of Improvements. It is the intent of this section that Subdividershall be responsiblefor all liability for design and construction of the improvements installed or work done pursuant to this Agreement and that City shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving or reviewing any work or construction. The improvement security shall not be required to cover the provisions of this Paragraph.

Subdividershall reimbursethe City for all costs and expenses, including but not limited to fees and charges of architects, engineers, attorneys, and other professionals, and court costs, incurred by City in enforcing this Section.

10. Subdivider's Indemnityof ProjectApproval. Subdividershall defend, indemnify, and hold harmless the City and its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning the Subdivision. The City shall promptly notify the Subdivider of any claim, action, or proceedingand cooperatefully in the defense of any such claim, action, or proceeding. In the event City fails to promptly notify the Subdivider of any claim, action, or proceeding, or if the City fails to cooperate in the defense, the Subdivider shall not thereafter be responsible to defend, indemnify, or hold harmless the City. Nothing in this Section prohibits the City from participatingin 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. Subdividershall not be required to pay or perform any settlement unless the settlement is approved by the Subdivider. 01225. 0006/ 369377. 1 13 of 19
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11. InsuranceRequirements. Subdivider, atSubdivider'ssolecostandexpenseandforthe fulltermofthisAgreementandanyextensionsthereto, shallobtainandmaintainallofthe followingminimuminsurancerequirementsin a formapprovedbytheCity's authorizeddesigneeforRiskManagementpriortocommencinganywork:
a) Commercial General Liability policy with a minimum $ 1 million combined singlelimitforbodilyinjuryandpropertydamageprovidingallofthefollowing minimum coverage without deductibles:
i) Premisesoperations; includingX, C, and U coverage; ii) Owners' and contractors' protection;
iii) Blanket contractual;
iv) Completed operations; and
v) Products.
b) Commercial Business Auto policy with a minimum $ 1 million combined singlelimitfor bodilyinjuryandpropertydamage, providingall of thefollowing 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 coveredunderthe aboveCommercialBusinessAuto policy shall have said coverage provided under the Commercial General Liability policy.
c) Workers Compensationand Employers' Liability policy in accordance with the laws of the State of Californiaand providingcoveragefor any and all employees of the Subdivider:
i) This policy shall provide coverage for Workers' Compensation Coverage A); and
i) This policy shall provide coverage for $ 1, 000, 000 Employers' Liability ( Coverage B).
ii) Pursuant to Labor Code section 1861, Subdivider 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 I will comply with such provisions before commencing the performance of the work of this contract"
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iii) Priorto commencementof work, theSubdividershallfilewiththe City's RiskManagera Certificateof Insuranceor certificationof permissionto self-insureworkers' compensationconformingto the requirements of the Labor Code.
d) Endorsements. All ofthefollowingendorsementsarerequiredto bemade a part of each of the above-requiredpoliciesas stipulated below:
i) "
TheCityof Chino, itsofficers, employeesandagentsarehereby added as additional insureds."
ii) " This policy shall be considered primary insurance with respect to any other valid and collectibleinsurancethe City may possess, including any self- insuredretentionthe City may have and any other insurance the City does possess shall be considered excess 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 notactto increasethe limitof theinsuringcompany."
iv) " Thirty (30) dayspriorwrittennoticeof cancellationshallbegivento the City of Chino in the event of cancellation and/ or reduction in coverage, exceptthat ten (10) dayspriorwrittennoticeshallapply in the event of cancellation for non- payment of premium." Such notice shall be sent to the Risk Manager at the address indicated in Subsection f below.
v) Subsection d( iv) hereinabove " Cancellation Notice" is the only endorsement required of the Workers' Compensation and Employers' Liability policy.
e) Admitted Insurers. All insurance companies providing insurance to the Subdivider under this Agreement shall be admitted to transact the business of insurance by the California Insurance Commissioner.
f) Proof of Coverage. Copies of all required endorsements shall be attached to the Certificate of Insurance which shall be provided by the Subdivider's insurance company as evidence of the coverage required herein and shall be mailed to:

City of Chino
Risk Management
13220 Central Avenue
Chino, CA 91710
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12. EnvironmentalWarranty.

12. 1.

PriortotheacceptanceofanydedicationsorWorksof ImprovementbyCity,SubdividershallprovideCitywithawrittenwarrantyina formsubstantiallysimilarto Exhibit C" attached hereto and incorporatedherein by reference, that:
a)
NeitherthepropertytobededicatednorSubdividerareinviolationofany environmentallaw, and neitherthe propertyto be dedicatednor the Subdivider aresubjectto anyexisting, pendingor threatenedinvestigationby anyfederal, state or local governmental authority under or in connection with the environmentallaws relatingto the propertyto be dedicated. b) NeitherSubdividernoranyotherpersonwithSubdivider's permissionto be uponthe propertyto be dedicatedshalluse, generate, manufacture, produce, or release, on, under, or about the property to be dedicated, any Hazardous Substanceexceptin compliancewith all applicableenvironmentallaws. For the purposes of this Agreement, the term " HazardousSubstances" shall meanany substanceor materialwhichis capableof posinga riskof injuryto 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, regulationsor policies. c) Subdivider has not caused or permitted the release of, and has no knowledge of the release or presence of, any Hazardous Substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacentto, or in the vicinity of, the property to be dedicated. d) Subdivider' s prior and present use of the property to be dedicated has not resulted in the release of any hazardous substance on the property to be dedicated.

12.2. Subdivider shall give prompt written notice to City of:
a) Any proceeding or investigation by any federal, state or local governmental b) authority with respect to the presence of any hazardous substance on the property to be dedicated or the migration thereof from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. c) Any claims made or threatened by any third party against City or the property to be dedicated relating to any loss or injury resulting from any hazardous substance; and
d) Subdivider's discovery of any occurrence or condition on any property adjoining or in the vicinity of the property to be dedicated that could cause the 01225. 0006/ 369377. 1 16 of 19
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propertytobededicatedoranypartthereoftobesubjecttoanyrestrictionsonits ownership, occupancy, useforthepurposeforwhichitisintended, transferabilityor suit under any environmental law.

13. General Provisions.

13. 1. SuccessorsandAssigns. ThisAgreementshallbe bindinguponall successors andassignstoSubdivider's right, title, andinterestinandtothePropertyandanyportionthereof. Subdividerherebyconsentsto CityrecordingthisAgreementas officialrecordsof SanBernardinoCounty, affectingfeetitleinteresttothePropertyto provideconstructivenotice of the rights and obligations incurred by Subdivider in the City' s approval of this Agreement. In theeventthe Propertyis subsequentlyconveyedby Subdividerto a thirdpartypriorto completionof the Works of Improvement, wherebythe third party is intendedto assume Subdivider' s responsibilities with regard to this Agreement, ( the " Replacement Subdivider"), the rights and obligations of this Agreement shall transfer to the Replacement Subdivider; however, the SecurityInstrumentsrequiredpursuantto Section4 of this Agreement, and furnishedby Subdivideras a conditionof the City's approvalof this Agreement, shall remain Subdivider's responsibilityto maintainuntil such time as Subdividerand its Replacement Subdivider enter into a Transfer and Assignment of Subdivision Agreement, ( the " Transfer Agreement"), to acknowledge the transfer of fee title to the Property from the Subdivider to its ReplacementSubdivider, and to acknowledge the rights and obligations associated with this Agreement upon the Replacement Subdivider, including Replacement Subdivider' s responsibilityto furnishreplacementSecurityInstrumentsmeetingthe City's approvalpursuant to Section 4 of this Agreement. Untilsuchtime as a TransferAgreement, meetingthe City's approval, is executed by Subdivider and its Replacement Subdivider, and replacement Security Instruments meeting City's approval are furnished by the Replacement Subdivider, Subdividerretainssoleresponsibilityfor maintainingall SecurityInstrumentsrequiredpursuant to Section 4 of this Agreement.

13. 3. No Vesting Rights. Performance by the Subdivider of this Agreement shall not be construedto vest Subdivider's rights with respect to any change in any zoning or building law or ordinance.

13.5. Time of the Essence. Time is of the essence of Subdivider's performance of all of its obligations under this Agreement.

13. 6. Notices. Unless otherwise specified in this Agreement, all notices required or providedfor 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. 01225. 00061369377. 1 17 of 19
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NoticeshallbeprovidedtothepersonslistedonPages1and2 ofthisAgreementbytheparties for this purpose.

Eitherpartymayprovidea newdesignatedrepresentativeand/oraddressbywritten notice as provided in this Section.

13.7. NoApportionment. NothingcontainedinthisAgreementshallprecludeCityfrom expending monies pursuant to agreements concurrently or previously executed between the parties, or fromenteringintoagreementswithothersubdividersfor the apportionmentof costs of water and sewer mains,
or otherimprovementspursuantto the provisionsof the City ordinancesprovidingtherefore. Norshallanythingin theAgreementcommitCityto anysuch apportionment.

13. 8. Severability. If any portionof this Agreementis held invalidby a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unlessamendedor modifiedby mutual written consentof the parties.

13. 9. Captions. ThecaptionsofthisAgreementareforconvenienceandreferenceonly and shall not be used in the interpretationof any provisionof this Agreement.

13.10. Incorporationof Recitals. The recitalsto thisAgreementare herebyincorporated into the terms of this Agreement.

13.11. Interpretation. This Agreement shall be interpreted in accordance with the laws of the State of California.

13. 12. Entire Agreement; Waivers and Amendments. This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to all or part of the subject matter hereof, except as may be expressly provided herein. All waivers of the provisions of this Agreement must be in writing and signed by an authorized representative of the party to be charged, and all amendments hereto must be in writing and signed by the appropriate representatives of both parties.

13. 13. Counterparts. This Agreement may be executed in one or more counterparts, all of which taken together shall be deemed one original.

14. Authority. The persons executing this Agreement on behalf of the parties warrant the ( I) party is duly organized and existing, ( ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, ( iii) by so executingthis 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/ 369377. 1 18 of 19
286
INWITNESSWHEREOF, theCityandtheSubdividerhavecausedthisAgreementtobe executed the day and year first above written.

APPROVED AS TO FORM: APPROVED AS TO CONTENT:
red Galante, City Attorney Nicholas S L uori, AICP
Director of evelopment Services
RICHMOND MERICAN . • ' ES:

By: 4, . J 1Adal2 9
natu a and D. e)
Name: SUN RA H ef_ R—[ S
Please type or print name)
Title: • UICE PRES iDE NT
Please type or print title)

CITY OF CHINO
Mat he all r ne, City Manager
Dated: 3•L0 I
ATTEST:

0.A.
s...

C).--C2Ar
Angela obles, City Clerk
Dated: 3` a ' lc)
012251006/ 369377. 1 - 19 of 19
287

CALIFORNIA ALL- PURPOSEACKNOWLEDGMENT
A notarypublicorotherofficercompletingthis
certificate verifies only the identity of the individual who signed the document to which this certificate is attached, andnotthetruthfulness, accuracy, orvalidityof that
document.

State of California
County of Orange
On March4, 2019, beforeme, T Ris, NotaryPublic, personallyappearedSondraHarris, whoprovedto meonthebasisof satisfactoryevidencetobetheperson(s)whosename(s) is/a-re subscribedto thewithininstrumentandacknowledgedto methathe/she/they executed the same in his/ her/ thei- r 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 Stateof California that the foregoing paragraph is true and correct.

WI ESS my ans3and official seal.psi
v.,. T. RIS
f Notary Public California
Orange County
r
P y Commission+ r2t95522
Signature) MyComm.ExpiresMay5,202t
Affix Seal)
288
EXHIBIT " A"
TRACT MAP 19953 LEGAL DESCRIPTION
LegaldescriptionispendingthefinalrecordationofTractMapNo. 19953withtheSan Bernardino County Recorder' s Office.
01225. 0006/ 369377. 1 A- 1
289
EXHIBIT " B"
TRACT MAP 19953WORKS OF IMPROVEMENT
A. Removalof undesirable, dangerousanddeadplantmaterialsandroots.

Relocationof all publicutilitystructuresas necessaryto properlyconstructthe required improvements.

C. Disposalof all rocksanddebrislocatedwithinanypublicright-of-waywithinsaid developmentor on the boundarystreetsthereof.

D. Installation of concrete curbs, gutters, sidewalks, cross gutters, driveways and intersectionsasshownonapprovedconstructionplansandin accordancewithCity Standards.

E. Installationof asphaltconcreteor PortlandCementConcretestreet pavementon basematerialasshownonapprovedconstructionplansandinaccordancewithCity Standards.

F. Street signs at intersections per the City Standards.

G. Installation of approved landscaping ( plants and materials).

H. Setting monuments as required by the State Code.

The Subdivider shall also perform all work and furnish all materials necessary, in the opinion of the Assistant City Manager/ Director of Public Works 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/ 369377. 1 B- 1
290
EXHIBIT " C"
TRACT NO. 19953

RICHMOND AMERICAN HOMES

ENVIRONMENTAL WARRANTY
As a condition precedent to acceptance of the dedications and public improvementstobeconveyedbytheabove-namedSubdividertotheCityof Chinofor theabove-referencedSubdivision, SubdividerherebywarrantstotheCityof Chinothat:

1. Neitherthepropertyto bededicatednorSubdividerareinviolationof any environmentallaw, and neitherthe propertyto be dedicatednor the Subdividerare subjectto anyexisting, pendingor threatenedinvestigationbyanyfederal, stateor local governmentalauthorityunderor in connectionwiththeenvironmentallawsrelatingto the property to be dedicated.

2. NeitherSubdividernoranyotherpersonwithSubdivider's permissionto be upon the property to be dedicated has used, generated, manufactured, produced, or released, on, under, or aboutthe propertyto be dedicated, any HazardousSubstance exceptin compliancewith all applicableenvironmentallaws. For the purposesof this warranty, the term " Hazardous Substances" shall mean any substance or material whichis capableof posinga riskof injuryto health, safetyor property, includingall thosematerialsandsubstancesdesignatedas hazardousor toxic by any federal, state or local law, ordinance, rule, regulationor 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, regulationsor policies.

3. Subdivider has not caused or permitted the release of, and has no knowledge of the release or presence of, any Hazardous Substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the property to be dedicated.

4. Subdivider' s prior and present use of the property to be dedicated has not resulted in the releaseof any HazardousSubstanceon the propertyto be dedicated.

5. All persons executing this warranty hereby representand warrant to the City of Chino, and Subdivider hereby represents and warrants, that the signators hereto have the legal power, right and authority to execute this warranty on behalf of the Subdivider andthatthe signatorsheretohavesufficientknowledgeor expertise, eitherpersonally, through reasonable inspection and investigationof the property, or through reasonable reliance upon the investigation and professional opinion of Subdivider' s environmental experts, to makethe representationsherein, and that no consentof any other partyis 01225. 0006/ 369377. 1 C- 1
291
requiredto executethiswarrantyandmakethe representationshereinon behalfof the Subdivider to the City of Chino.

Eachof the undersignedpersonsdeclaresunderpenaltyof perjurythatthe foregoing is true and correct.

Dated:
31 L
I
I q
i
SUBDIVIDER*
By:

OND AMERICAN HOMES
ProofofauthorizationforSubdivider'ssignaturesisrequiredtobesubmittedconcurrentlywith this environmental warranty.
01225. 0006/ 369377. 1 0- 2
292

EXECUTED IN TRIPLICATE)
Bond No.: 1074988
Contract No.: . ol et- 2$ 0
Approved: 3/ 5/ zof' It

FAITHFUL PERFORMANCE BOND
Tract Map No. 19953
WHEREAS,theCityCounciloftheCityofChino, StateofCalifornia, hereinafterdesignatedas"CITY"andRICHMOND AMERICAN HOMES,* hereinafter designated as " PRINCIPAL," have entered into an agreement wherebyPrincipalagreestoinstallandcompletecertaindesignatedpublicimprovements, whichsaidagreement, datedFebruary5th,2019, andidentifiedasProjectNo. TractMapNo. 19953, isherebyreferredtoandmadeaparthereof; and of Maryland, Inc.

WHEREAS, saidPrincipalisrequiredunderthetermsofsaidagreementtofurnishabondforthefaithfulperformance of said agreement.

NOW, THEREFORE, we, the Principal and The Hanover Insurance Company as surety, are heldandfirmlybounduntotheCityofChinointhepenalsumofSixty-SixThousandFourHundredEightyDollars66,480.00) lawfulmoneyoftheUnitedStates, forthepaymentofwhichsumwellandtrulytobemade, webindourselves, ourheirs, successors, executors,andadministrators,jointlyandseverally,firmlybythesepresents.

Theconditionofthisobligationissuchthatiftheabove-boundPrincipal, hisoritsheirs, executors, administrators,successors, orassigns,shallinallthingsstandtoandabideby,andwellandtrulykeepandperform thecovenants, conditions, andprovisionsinsaidagreementandanyalterationthereofmadeasthereinprovided,onhisoritspart, tobekeptandperformedatthetimeandinthemannerthereinspecified, andinallrespects accordingtotheirtrueintentandmeaning, andshallindemnifyandsaveharmlessCity, itsofficers, agents, and employees, asthereinstipulated, thenthisobligationshallbecomenullandvoid; otherwiseitshallbeandremainin full force and effect.

Aspartoftheobligationsecuredherebyandinadditiontothefaceamountspecifiedtherefor, thereshall beincludedcostsandreasonableexpensesandfeesincludingreasonableattorneys' fees, incurredbyCityinsuccessfullyenforcingsuchobligation, alltobetaxedascostsandincludedinanyjudgmentrendered.

Thesuretyherebystipulatesandagreesthatnochange, extensionoftime, alteration, oradditiontothe termsoftheagreementortotheworktobeperformedthereunderorthespecificationsaccompanyingthesame shallinanywayaffectitsobligationsonthisbond, anditdoesherebywaivenoticeofanysuchchange, extensionoftime, alteration, oradditiontothetermsoftheagreementortotheworkortothespecifications.

INWITNESSWHEREOF, thisinstrumenthasbeendulyexecutedbyPrincipalandSuretyabovenamed, on March 5 , 2019
Richmo d American Homes of Ma_ - nd, Inc. The HanoverInsuranceCompany

NCIPA SURETY
BY Ill tiii By:
r '
Kathleen K. Freund, Attorney-in-Fact

SIGNATURES MUST BE NOTARIZED
Document No. 16353( PWFORMS\ BONDS- faithful performance\ rev. 04/ 2017) Page 1 of 1 293

NOTARYACKNOWLEDGMENT

STATE OF COLORADO
ss.

NATHAN MULHAUSER
Notary Public
State of Colorado
Notary 10 4 20064038639
My Commission Expires 09- 22-2022
ae-s—
Notary PublicMy Commission Expires:

September 22, 2022
294

THEHANOVERINSURANCECOMPANY

MASSACHUSETTSBAYINSURANCECOMPANY

CITIZENSINSURANCECOMPANYOFAMERICA

POWERS OF ATTORNEY

THEHANOVEERINSURANCECOMPANY
t"

MASSACHUSETTSBAYINSURANCECOMPANY
T
110% ` t f ./
1 4, Ir.,,`
RobertThomas,'VicePresident
a........ ,THE COMMONWEALTH OF MASSACHUSETTS ) 1
COUNTY OF WORCESTER ss. Joe renstrom, 4i President
Onthis3rddayofApril2012beforemecametheabovenamedVicePresidentsofTheHanoverInsuranceCompany, MassachusettsBayInsuranceCompanyandCitizensInsuranceCompanyofAmerica,tomepersonallyknowntobetheindividualsandofficersdescribedherein,andacknowledgedthatthesealsaffixedtotheprecedinginstrumentarethecorporatesealsofTheHanoverInsuranceCompany,MassachusettsBayInsuranceCompanyandCitizensInsuranceCompanyofAmerica, respectively, andthatthesaidcorporatesealsandtheirsignaturesasofficersweredulyaffixedandsubscribedtosaidinstrumentby the authority and direction of said Corporations.

BARBARA A. GARLICK
Notary Public
4' CommanwealA of Mass dwatta
SAyCommission Exinris Sept. 21, 2018 s C
Barbara A. Garlick, Notary Public
My Commission Expires September 21, 2018
I,theundersignedVicePresidentofTheHanoverInsuranceCompany,MassachusettsBayInsuranceCompanyandCitizensInsuranceCompanyofAmerica,herebycertifythattheaboveandforegoingisafull,trueandcorrectcopyoftheOriginalPower.ofAttorneyissuedbysaidCompanies,anddoherebyfurthercertifythat the said Powers of Attorney are still in force and effect.

ThisCertificatemaybesignedbyfacsimileunderandbyauthorityofthefollowingresolutionoftheBoardofDirectorsofTheHanoverInsuranceCompany,MassachusettsBayInsuranceCompanyandCitizensInsuranceCompanyofAmerica.

RESOLVED,ThatanyandallPowersofAttorneyandCertifiedCopiesofsuchPowersofAttorneyandcertificationinrespectthereto,grantedandexecutedbythePresidentoranyVicePresidentinconjunctionwithanyVicePresidentoftheCompany,shallbebindingontheCompanytothesameextentasifallsignatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile." ( Adopted October 7, 1981 - The HanoverInsuranceCompany;AdoptedApril14,1982-MassachusettsBayInsuranceCompany;AdoptedSeptember7,2001-CitizensInsuranceCompanyofAmerica) GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 5"' day of March 2019.

THEHANOVERINSURANCECOMPANY

MASSACHUSETTSBAYINSURANCECOMPANY

CITIZENSINSURANCECOMPANYOFAMERICA
6nif1/
144-1 riles ..

Margosian, Vice Presiident
295

EXECUTEDINTRIPLICATE)
Bond No.: 1074988
Contract No.: o 50
Approved: 3/ 5/ 20 01 Ali

LABORANDMATERIALBOND
Tract Map No. 19953
WHEREAS,theCityCounciloftheCityofChino, StateofCalifornia, hereinafterdesignatedas"CITY"andRICHMOND AMERICAN HOMES, hereinafter designated as " PRINCIPAL," haveenteredinto an agreement wherebyPrincipalagreestoinstallandcompletecertaindesignatedpublicimprovements, whichsaidagreement,datedFebruary5th,2019, andidentifiedasProjectNo. TractMapNo. 19953, isherebyreferredtoandmadeaparthereof; and of Maryland, Inc.

NOW, THEREFORE, saidPrincipalandtheundersigned, ascorporatesurety, areheldandfirmlybounduntotheCityofChino, andallcontractors, subcontractors, laborers,material, men, andotherpersonsemployedintheperformanceoftheaforesaidagreementandreferredtointheaforesaidCodeofCivilProcedureinthesumofThirty- Three Thousand Two Hundred Forty Dollars ($ 33,240.00) formaterialsfurnishedorlaborthereonofanykind,orforamountsdueundertheUnemploymentInsuranceActwithrespecttosuchworkorlabor,thatsaidsuretywillpaythesameinanamountnotexceedingtheamounthereinabovesetforth, andalsoincasesuitisbroughtuponthisbond,willpay, inadditiontothefaceamountthereof, costsandreasonableexpensesandfees, includingreasonableattorneys'fees, incurredbyCityinsuccessfullyenforcingsuchobligation, tobeawardedandfixedbythecourt, andtobetaxedascostsandtobeincludedinthejudgmentthereinrendered.

Itisherebyexpresslystipulatedandagreedthatthisbondshallinuretothebenefitofanyandallpersons,companies, andcorporationsentitledtofileclaimsunderTitle15 (commencingwithSection3082) ofPart4ofDivision3oftheCivilCode, soastogivearightofactiontothemortheirassignsinanysuitbroughtuponthisbond.

Shouldtheconditionofthisbondbefullyperformed, thenthisobligationshallbecomenullandvoid,otherwiseit shallbe and remainin full forceandeffect.

Thesuretyherebystipulatesandagreesthatnochange, extensionoftime, alteration, oradditiontothetermsoftheagreementorthespecificationsaccompanyingthesameshallinanywayaffectitsobligationsonthisbond,anditdoesherebywaivenoticeofanysuchchange, extensionoftime, alteration, oraddition.

INWITNESSWHEREOF, thisinstrumenthasbeendulyexecutedbyPrincipalandSuretyabovenamed,on March 5 , 2019 Richmon American Homes of Ma land, Inc.

TheHanoverInsuranceCompanyP INCIP SURETY
By: By:
6--
KathleenK. Freund,Attorney-in-Fact

SIGNATURE(S) MUST BE NOTARIZED
Document No. 16354( PWFORMSt5ONDS- L& Mhrev. 04/ 2017)

Page 1 of 1 ends

296

CALIFORNIAALL-PURPOSEACKNOWLEDGMENT
A notarypublicorotherofficercompletingthis
certificate verifies only the identity of the individual who signedthedocumentto whichthiscertificateisattached,
andnotthetruthfulness, accuracy, orvalidityofthat
document.

State of California
County of Orange
On
March6, 2019, beforeme, RhondaHarper, NotaryPublic, personallyappeared SondraHarris, whoprovedtomeonthebasisofsatisfactoryevidencetobetheperson(s) whosename(s) is/eresubscribedtothewithininstrumentandacknowledgedtomethat he/ she/ they executed the same in his/ her/ their authorized capacity( ies), and that byleis/ her/ their signature( s) on the instrument the person( s), or the entity upon behalf of which theperson(s)acted, executedtheinstrument.

I certifyunderPENALTYOFPERJURYunderthelawsoftheStateof Californiathat the foregoing paragraph is true and correct.

RHONDA HARPER
WITNESS my hand and official seal.

Notary Public- California
Orange County
Z *-
49 Commission # 2151999 -
Comm.ExpiresMay30, 2020
Signature) Affix Seal)
297

NOTARYACKNOWLEDGMENT

STATE OF COLORADO
ss.

COUNTY OF DENVER
Theforgoinginstrumentwasacknowledgedbeforemethis5thdayofMarch, 2019byKathleenK. Freund,Attorney-in-FactforTheHanoverInsuranceCompany, aNewHampshirecorporation, onbehalfof thecorporation.

NATHAN MULHAUSER
Notary Public
State of Colorado
Notary
mis ioS200res09
39 22- My CommissionExpires09-22-2022
Notary Public
My Commission Expires:

September 22, 2022
298

THEHANOVERINSURANCECOMPANY

MASSACHUSETTSBAYINSURANCECOMPANY

CITIZENSINSURANCECOMPANYOFAMERICA

POWERS OF ATTORNEY

THEHANOVERINSURANCECOMPANY
y•,, .
r
x. ct*„).

MASSACHUSETTSBAYINSURANCECOMPANY
T
y, CITIZENS
URANCEC3MPANYOFAMERICAr ,
RobertThomas,Vice President
t ....
v.. ,

THE COMMONWEALTH OF MASSACHUSETTS )
COUNTY OF WORCESTER ss. Joe renstrom, is President
Onthis3rddayofApril2012beforemecametheabovenamedVicePresidentsofTheHanoverInsuranceCompany, MassachusettsBayInsuranceCompanyandCitizensInsuranceCompanyofAmerica,tomepersonallyknowntobetheindividualsandofficersdescribedherein,andacknowledgedthatthesealsaffixedtotheprecedinginstrumentarethecorporatesealsofTheHanoverInsuranceCompany,MassachusettsBayInsuranceCompanyandCitizensInsuranceCompanyofAmerica, respectively, andthatthesaidcorporatesealsandtheirsignaturesasofficersweredulyaffixedandsubscribedtosaidinstrumentby the authority and direction of said Corporations.

BARBARA A. GARLICK
Notary Public
Commonwealthof MassathsWs
0UyCommission Expels Sept. 21, 2018 W"- Adrae&- t ("• S.

ThisCertificatemaybesignedbyfacsimileunderandbyauthorityofthefollowingresolutionoftheBoardofDirectorsofTheHanoverInsuranceCompany,MassachusettsBayInsuranceCompanyandCitizensInsuranceCompanyofAmerica.

RESOLVED,ThatanyandallPowersofAttorneyandCertifiedCopiesofsuchPowersofAttorneyandcertificationinrespectthereto,grantedandexecutedbythePresidentoranyVicePresidentinconjunctionwithanyVicePresidentoftheCompany,shallbebindingontheCompanytothesameextentasifallsignatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile." ( Adopted October 7, 1981 - The HanoverInsuranceCompany;AdoptedApril14,1982-MassachusettsBayInsuranceCompany;AdoptedSeptember7,2001-CitizensInsuranceCompanyofAmerica) GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 5th day of March 2019.

THEHANOVERINSURANCECOMPANY

MASSACHUSETTSBAYINSURANCECOMPANYCITIZENSINSURANCECOMPANYOFAMERICA 6nii/
144-1
Margosian, Vice President
299

EXECUTEDINTRIPLICATE)
Bond No.: 1074988
Contract No.: Z Iq_ ZSo

WARRANTY BOND
Approved: 3 16/ 2or 411
Tract Map No. 19953
WHEREAS, theCityCounciloftheCity*ofChino, StateofCalifornia, hereinafterdesignatedasCITY" and RICHMOND AMERICAN HOMES, hereinafter designated as " PRINCIPAL," have entered intoanagreementwherebyPrincipalhasagreedtowarrantandguaranteetheinstallation, completion,andmaintenanceofcertaindesignatedpublicimprovements, whichsaidagreement, datedFebruary5th,2019, andidentifiedasProjectNo. TractMapNo. 19953, isherebyreferredtoandmadeaparthereof;and of Maryland, Inc.

WHEREAS, saidPrincipalisrequiredunderthetermsofsaidagreementtofurnishabondforthewarranty of said improvements.

NOW, THEREFORE, we, the Principal, and The Hanover Insurance Company , as surety, are heldandfirmlybounduntotheCityofChinointhepenalsumofSixThousandSixHundredForty-EightDollars ($ 6,648.00) lawfulmoneyoftheUnitedStates, forthepaymentofwhichsumwellandtrulytobemade, webindourselves, ourheirs, successors, executors, andadministrators, jointlyandseverally,firmly bythesepresents.

TheconditionofthisobligationissuchthatiftheaboveboundPrincipal, hisoritsheirs,executors, administrators, successors, orassigns, shallinallthingsstandtoandabideby, andwellandtrulykeepandperformthecovenants,conditions, andprovisionsinsaidagreementandanyalterationthereofmadeasthereinprovided, onhisortheirpart, tobekeptandperformedthereofmadeasthereinprovided, onhisoritspart,tobekeptandperformedatthetimeandinthemannerthereinspecified, andinallrespects accordingtotheirtrueintentandmeaning, andshallindemnifyandsaveharmlessCity, itsofficers,agents, andemployees, asthereinstipulated, thenthisobligationshallbecomenullandvoid; otherwiseit shall be and remain in full force and effect.

Asapartoftheobligationsecuredhereby, andinadditiontothefaceamountspecifiedtherefor, thereshallbeincludedcostsandreasonableexpensesandfeesincludingreasonableattorneys' fees, incurredbytheCityinsuccessfullyenforcingsuchobligation, alltobetaxedascostsandincludedinanyjudgment rendered.

Thesuretyherebystipulatesandagreesthatnochange, extensionoftime, alteration, oraddition to thetermsof the agreementor to theworkto be performedthereunderor the specifications accompanyingthesameshallinanywayaffectitsobligationsonthisbond, anditdoesherebywaivenoticeofanysuchchange, extensionoftime, alteration, oradditiontothetermsoftheagreementorto the work or to the specifications.

INWITNESSWHEREOF, thisinstrumenthasbeendulyexecutedbyPrincipalandSuretyabovenamed, on March 5 2019 Richmon America Homes larrct Inc. TheHanoverInsuranceCompanyINC L SURETY By: By: L--
KathleenK. Freund, Attorney-in-FactSIGNATURE(S) MUST BE NOTARIZED Document No. 19808( PWFORMS\ BONDS- Warranty\ rev. 04/ 2017)

Page 1 of 1 ends

300

CALIFORNIAALL-PURPOSEACKNOWLEDGMENT
A notarypublicorotherofficercompletingthis
certificateverifiesonly theidentityof theindividualwho
signedthedocumenttowhichthiscertificateisattached,
andnotthetruthfulness, accuracy, orvalidityofthat
document.

State of California
County of Orange
On
March6, 2019, beforeme, RhondaHarper, NotaryPublic, personallyappeared SondraHarris, whoprovedtomeonthebasisofsatisfactoryevidencetobetheperson(s) whosename(s) is/afesubscribedto thewithininstrumentandacknowledgedto methat lie/ she/ they executed the same in his/ her/ tom 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 underPENALTY OF PERJURYunderthelawsof the Stateof California that the foregoing paragraph is true and correct.

RHONDA HARPER
71 Notary Public - California
WITNESS my hand and official seal.
z
Orange
CountyCommission # 2151999
My Comm. Expires May 30, 2020
E
Signature) Affix Seal)
301

NOTARYACKNOWLEDGMENT

STATEOF COLORADO

COUNTY OF DENVER
ss.

Theforgoinginstrumentwasacknowledgedbeforemethis5thdayofMarch,2019byKathleenK. Freund, Attorney-in-FactforTheHanoverInsuranceCompany, aNewHampshirecorporation, onbehalfofthecorporation.

NATHANMULHAUSERNotary Public
Stateof Colorado
NotaryID#20064038639
M CommissionExpires09-22-2022
Notary PublicMy Commission Expires:

September 22, 2022
302
I

THEHANOVERINSURANCECOMPANY

MASSACHUSETTSBAYINSURANCECOMPANY

CITIZENSINSURANCECOMPANYOFAMERICA

POWERS OF ATTORNEY

MOON THEHANOVERINSURANCECOMPANY
y{
vI. cay,

MASSACHUSETTSBAYINSURANCECOMPANY
it y,. r,} q CITIZENS URANCEOMPANYOFAMERICA
4 r-all`'' RobertThomas,Vice President

THE COMMONWEALTH OF MASSACHUSETTS )
COUNTY OF WORCESTER ss. Joe Arenstrom, iC president
Onthis3rddayofApril2012beforemecametheabovenamedVicePresidentsofTheHanoverInsuranceCompany, MassachusettsBayInsuranceCompanyandCitizensInsuranceCompanyofAmerica,tomepersonallyknowntobetheindividualsandofficersdescribedherein,andacknowledgedthatthesealsaffixedtotheprecedinginstrumentarethecorporatesealsofTheHanoverInsuranceCompany,MassachusettsBayInsuranceCompanyandCitizensInsuranceCompanyofAmerica, respectively, andthatthesaidcorporatesealsandtheirsignaturesasofficersweredulyaffixedandsubscribedtosaidinstrumentby the authority and direction of said Corporations. 0' BARBARAA. GARLICK
t Notary Public
7 Commonweal h of Massachusetts 1(,
12 / /
j
myComnassianExpitis Sep. 21, 2018
W/ L. ..

BarbaraA. Garlick, NotaryPublic
My Commission Expires September 21, 2018
I,theundersignedVicePresidentofTheHanoverInsuranceCompany,MassachusettsBayInsuranceCompanyandCitizensInsuranceCompanyofAmerica,herebycertifythattheaboveandforegoingisafull,trueandcorrectcopyoftheOriginalPowerofAttorneyissuedbysaidCompanies,anddoherebyfurthercertifythat the said Powers of Attorney are still in force and effect.

ThisCertificatemaybesignedbyfacsimileunderandbyauthorityofthefollowingresolutionoftheBoardofDirectorsofTheHanoverInsuranceCompany,MassachusettsBayInsuranceCompanyandCitizensInsuranceCompanyofAmerica.

RESOLVED,ThatanyandallPowersofAttorneyandCertifiedCopiesofsuchPowersofAttorneyandcertificationinrespectthereto,grantedandexecutedbythePresidentoranyVicePresidentinconjunctionwithanyVicePresidentoftheCompany,shallbebindingontheCompanytothesameextentasifallsignatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile." ( Adopted October 7, 1981 - The HanoverInsuranceCompany;AdoptedApril14,1982-MassachusettsBayInsuranceCompany;AdoptedSeptember7,2001-CitizensInsuranceCompanyofAmerica) GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 5th day of March 2019.

THEHANOVERINSURANCECOMPANY

MASSACHUSETTSBAY INSURANCECOMPANY

CITIZENSINSURANCECOMPANYOFAMERICA
146/
ts‘
i /
1/115144.—6 Margosian, Vice President
303

9. 11

MEMORANDUM

CITY OF CHINO

DEVELOPMENTSERVICESDEPARTMENT
COUNCILMEETINGDATE: MARCH5, 2019
TO: MATTHEWC. BALLANTYNE, CITY MANAGER
FROM:

NICHOLASS. LIGUORI, AICP, DEVELOPMENTSERVICESDIRECTOR
SUBJECT: FINAL TRACT MAP NO. 19953.

RECOMMENDATION
1) ApproveTractMapNo. 19953includingacceptingdedicationofrightofwayforinteriorstreets; 2) approvetheSubdivisionImprovementAgreementandsecurities; and3) authorize theCityManagertoexecutethenecessarydocumentsonbehalfoftheCity.

FISCAL IMPACT
ThereisnodirectfiscalimpacttotheCity.

Revenue: Expenditure:

Transfer In: Transfer Out:

CONSENT CALENDAR
Packet Pg. 127 ,
304

9. 11
COUNCIL MEETING DATE: MARCH 5, 2019
SUBJECT: FINAL TRACT MAP NO. 19953
PAGE 2

BACKGROUND
TractMapNo. 19953, as presentedby RichmondAmericanHomesconsistsof 10 residential lotsonapproximately1.3 acreslocatednearthe northwestcornerof BickmoreandHellman Avenues ( Exhibit A). TentativeTract MapNo. 19953, processedby LewisCommunities, was conditionallyapprovedbytheCityofChinoPlanningCommissiononJune30, 2015, asapartof the Harvest at The Preserve development.

ISSUES/ ANALYSIS
DuringthepublictestimonyattheDecember3, 2018PlanningCommissionmeetingforSite ApprovalPL18-0075, whichis anapplicationforthedevelopmentof homeswithinthetract, a discrepancywasdiscoveredon the mapregardingthe Map's privatestreetsand sidewalk widths. Additionally, itwaspointedoutthattheCity's currentSubdivisionOrdinance, adoptedin 2010, does not allow private streets in single- family home developments. The Preserve DevelopmentAgreement, adoptedin2004, allowsmapsprocessedbyLewisCommunitiesto conformto the subdivisionordinancethatwasineffectatthetimeof theAgreement, whichhad nosuchprohibitiononprivatestreets. Duetothepotentialissuesthatarisefromprivatestreets andinfrastructureduringtheconstruction/acceptanceprocess, aswellaspotentialmaintenance issuesinthelongterm, thePlanningCommissionconditionedtheprojectstoconverttheprivatestreets to public.

Staff collaborated with the City Attorney, Richmond American, and Lewis Communities to resolvethediscrepanciesof convertingtheprivatestreetsto public, wideningthesidewalks fromfourfeettofivefeetinwidth, andaddressingtheinfrastructurethathasbeenconstructed.

Followingdiscussion, thePlanningCommissionunanimouslyapprovedthesemajorrevisionstothe Site Approval.

TheCityEngineerdeterminedthattheinternalroadsneededtobepublicright-of-wayandthatthesidewalkneededtobefivefeetinwidthtobeinconformancewiththeMunicipalCodeand CityStandards, respectively. TherevisedmapshavebeenreviewedanditisreadyforCouncil's consideration. Itshouldbenotedthatapprovalofthischangewouldalsorequireanadjustment to theSubdivisionImprovementAgreementsandamountof thenecessarysecuritiesto guarantee the construction of public improvements as the roads, sidewalk and water improvementsarepublic. TheCityAttorneywillreviewandapprovethesecuritiestobeposted.

Attachments: SubdivisionImprovementAgreement (WaterImprovements) SubdivisionImprovementAgreement (StreetImprovements)
ExhibitA- Tract Map No. 19953

CONSENT CALENDAR
I Packet Pg. 128
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MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: JULY 16, 2024

TO: LINDA REICH, CITY MANAGER
FROM: WARREN MORELION, AICP, DEVELOPMENT SERVICES DIRECTOR

SUBJECT
..titl e
Waiver of permit fees, plan check fees, and inspection fees for the Placentia Court Sewer Line Project at 12594 Roswell Avenue.
..end

RECOMMENDATION
Approve Resolution No. 2024-037 waiving the permit fees, plan check fees, and inspection fees for the Placentia Court Sewer Line Project located within the City's Sphere of Influence at 12594 Roswell Avenue; and authorize the City Ma nager to execute all the necessary documents on behalf of the City.
..body

FISCAL IMPACT
The estimated costs for plan check services amount to approximately $8,808, and these services were carried out by the City's contracted plan check consultant. There are adequate funds available within the existing contract to cover these expenses. Regarding inspections and necessary permits, which are estimated at around $7,000, these will be provided as in -kind services by City staff.

However, desp ite utilizing in -kind services for inspections and permits, the City anticipates a shortfall of $15,808 in General Fund revenues.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above will further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
 Positive City Image
 Superior Customer Service
 Responsible Long-Range Planning

Revenue: Click or tap here to enter text.

Expenditure:

Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 308
CITY COUNCIL MEETING DATE: JULY 16, 2024
TITLE: WAIVER OF PERMIT FEES, PLAN CHECK FEES, AND INSPECTION FEES FOR THE PLACENTIA COURT SEWER LINE PROJECT AT 12594 ROSWELL AVENUE.

PAGE: 2

BACKGROUND
The Sri Sairam Mandir Temple Project, located at 12594 Roswell Avenue within the City’s Sphere of Influence (“SOI”), received approval from the County of San Bernardino (“County”) on December 29, 2020. This project entails the construction of a two -story place of worship spanning 32,400 square feet, along with a 4,000 square -foot caretaker's unit, all on a 4.93 -acre lot.

Located in the City’s RD2 (Residential, 2 units/acre) zoning per the General Plan, the project aligns with a land use designation intended for semi -rural, large -lot residential development, accommodating up to two dwelling units per acre and allowing for places of worship. During the County’s entitlement process, City staff reviewed preliminary plans and provided feedback to address inconsistencies with the City’s development standards.

In 2022, the project applicant approached City staff to request sanitary sewer service. Upon evaluation, it was determined that deviating from the City’s sewer service policy to accommodate this project would necessitate the design and construction of a 750 linear foot, 8 - inch sewer main on Placentia Court, connecting to the City’s existing sewer main on East End Avenue. This infrastructure enhancement represents a significant financial commitment upward of $250,000 exceeding standard project requirements. The new sewer line would not only benefit the temple project but also offer connectivity for existing homes on Placentia Court. It is important to highlight that the applicant conducted a sewer study, which determined that the existing downstream facilities are sufficient to accommodate the additional flow resulting fr om the proposed temple and the current residents on Placentia Court.

On September 19, 2023, the City Council adopted Resolution 2023 -055, approving a variance from the City’s established sewer service policy. This was conditioned upon the execution of a Covenant Agreement to Annex for Sanitary Sewer Service, allowing this project to proceed with sewer service in exchange for constructing the sewer line on Placentia Court.

On November 15, 2023, the Local Agency Formation Commission for San Bernardino County (“LAFCO”) conducted a public hearing and approved the City's application for an extension of sewer service with Resolution No. 3385. Subsequently, the Covenant Agreement to Annex was officially recorded in Official Records San Bernardino County on December 21, 2023.

ISSUES/ANALYSIS
The applicant requested that the City exempt the permit fees, plan check fees, and inspection fees, citing its nonprofit status. The project proposed by the applicant offers significant advantages to both the City and the residents, who stand to benefit di rectly from the new sewer line. This infrastructure is crucial given that the existing backbone and local sewer infrastructure in the SOI is currently unfunded.

The sewer design is now complete. Estimated costs for plan check services amount to approximately $8,808, with additional estimates totaling around $7,000 for inspection and necessary permits.

Therefore, it is staff’s recommendation to the City Council to approve Resolution No. 2024-037 waiving the permit fees, plan check fees, and inspection fees for the Placentia Court Sewer Line 309
CITY COUNCIL MEETING DATE: JULY 16, 2024
TITLE: WAIVER OF PERMIT FEES, PLAN CHECK FEES, AND INSPECTION FEES FOR THE PLACENTIA COURT SEWER LINE PROJECT AT 12594 ROSWELL AVENUE.

PAGE: 3

Project located within the City's Sphere of Influence at 12594 Roswell Avenue; and authorize the City Manager to execute all the necessary documents on behalf of the City.

Attachment: Resolution No. 2024-037

310

RESOLUTION NO. 2024-037

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,

CALIFORNIA, WAIVING PERMIT FEES, PLAN CHECK FEES &

INSPECTION FEES FOR PLACENTIA COURT SEWER LINE PROJECT

FOR THE SRI SAIRAM MANDIR TEMPLE PROJECT LOCATED WITHIN THE CITY'S SPHERE OF INFLUENCE AT 12594 ROSWELL AVENUE
(ASSESSOR PARCEL NUMBER 1016-331-05 & 06)
WHEREAS, the Sri Sairam Mandir Temple Project, located at 12594 Roswell Avenue within the City’s Sphere of Influence (“SOI”), has received approval from the County of San Bernardino for the construction of a two-story place of worship and caretaker's unit; and

WHEREAS, the project requires the installation of a 750 linear foot, 8-inch sewer main on Placentia Court to connect to the City’s existing sewer main on East End Avenue; and WHEREAS, the City Council adopted Resolution 2023 -055 on September 19, 2023, approving a variance from the City’s established sewer service policy, conditioned upon the execution of a Covenant Agreement to Annex for Sanitary Sewer Service; and

WHEREAS, the Local Agency Formation Commission for San Bernardino County (“LAFCO”) approved the City's application for an extension of sewer service with Resolution No. 3385 on November 15, 2023, and the Covenant Agreement to Annex was officially recorded on December 21, 2023; and

WHEREAS, the Placentia Court Sewer Line Project will benefit not only the temple project but also existing homes on Placentia Court by enhancing sewer infrastructure in the area; and

WHEREAS, the City acknowledges the significant financial commitment required for the sewer line project and supports efforts to secure funding to finance the project; and

NOW, THEREFORE, BE IT RESOLVED, that the City of Chino does hereby determine, find, resolve, and order as follows:

SECTION 1. Waiver of Fees: The City Council hereby finds that the waiver of permit fees, plan check fees, and inspection fees for the Placentia Court Sewer Line Project serves a valid public benefit insofar as such Project benefits not only the temple project but also existing homes on Placentia Court by enhancing sewer infrastructure in the area. As such, the City Council hereby approves a waiver of permit fees, plan check fees, and inspection fees for the Placentia Court Sewer Line Project located within the City's Sphere of Influence at 12594 Roswell Avenue.

SECTION 2. Effective Date: This resolution shall take effect immediately upon adoption.

311
RESOLUTION NO. 2024-037

Page 2 of 2 ends

01225.0005/701923.2 BWB

APPROVED AND ADOPTED THIS 16TH DAY OF JULY 2024.

EUNICE M. ULLOA, MAYOR

ATTEST:

NATALIE GONZAGA, CITY CLERK

State of California )
County of San Bernardino ) ss.

City of Chino )

I, NATALIE GONZAGA , City Clerk of the City of Chino, do hereby certify that the forgoing Resolution was duly adopted by the City Council at a regular meeting held on the 16th day of July 2024, by the following votes:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

NATALIE GONZAGA, CITY CLERK

312

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: JULY 16, 2024

TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, PE, DIRECTOR OF PUBLIC WORKS

SUBJECT
..titl e
Notice of Termination of Lot Line Adjustment / Covenant and Agreement for the properties located at 3535 and 3551 Philadelphia Street...end
..end

RECOMMENDATION
1) Approve the Notice of Termination of Lot Line Adjustment located at 3535 and 3551 Philadelphia Street; 2) approve a Covenant and Agreement between the City of Chino and 3535 and 3551 Philadelphia Properties, LLC; and 3) authoriz e the City Manager to execute all the necessary documents on behalf of the City.
..body

FISCAL IMPACT
There is no direct fiscal impact to the City.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
 Responsible Long-Range Planning
 Partnership & Teamwork

Revenue: Click or tap here to enter text.

Expenditure:

Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 313
CITY COUNCIL MEETING DATE: JULY 16, 2024
TITLE: NOTICE OF TERMINATION OF LOT LINE ADJUSTMENT / COVENANT AND AGREEMENT FOR THE PROPERTIES LOCATED AT 3535 AND 3551 PHILADELPHIA STREET.

PAGE: 2

BACKGROUND
In December 1989, a Lot Line Adjustment Certificate was recorded with the San Bernardino County Recorder's Office to merge two properties located at 3535 and 3551 Philadelphia Street.

After this recording, the property owner failed to fulfill the necessary steps to legally merge the properties into a single parcel as required by the California Subdivision Map Act, inc luding compliance with Government Code Section 66412 and the Chino Municipal Code, which mandates that a lot line adjustment must be reflected in a recorded deed with the property.

As per the provisions of the Subdivision Map Act, the attempted merger of the properties is now considered void due to non-compliance.

ISSUES/ANALYSIS
The property owner now wishes to abandon any further attempts to merge the properties into a single parcel and acknowledges that the Lot Line Adjustment Certificate is invalid. Therefore, the City and the property owner must jointly record a Notice of Termination of Lot Line Adjustment with the San Bernardino County Recorder's Office to officially terminate the Lot Line Adjustment Certificate recorded in 1989.

Additionally, a Covenant and Agreement has been established between the property owner and the City to outline terms and conditions for future sale transactions involving one or both properties. Both the Covenant and Agreement and the Notice of Termination of Lot Li ne Adjustment have been reviewed and approved by the City Attorney.

Attachments:

Exhibit A - Notice of Termination of Lot Line Adjustment Exhibit B - Covenant and Agreement
Exhibit C – Certificate Approving Lot Line Adjustment

314

Recording Requested by:
3535 and 3551 Philadelphia Properties LLC
3535 Philadelphia Street
Chino, CA 91710

When Recorded Mail to:
3535 and 3551 Philadelphia Properties LLC
3535 Philadelphia Street
Chino, CA 91710

SPACE ABOVE THIS LINE FOR RECORDER’S USE

NOTICE OF TERMINATION OF LOT LINE ADJUSTMENT

THIS NOTICE OF TERMINA TION OF LOT LINE ADJUSTMENT (“Notice”) is made and entered into as of July 16, 2024, by 3535 AND 3551 PHILADELPHIA PROPERTIES, LLC, a California limited liability company (“Owner”) and THE CITY OF CHINO (“City”).

RECITALS
WHEREAS, Owner hold s title to that certain parcels of real propert y located at 3535 Philadelphia Street (APN: 1016 -011-12) and 3551 Philadelphia Street (APN: 1016 -011-13), as further described in Exhibit “A” attached hereto (collectively, “Properties”);

WHEREAS, on or about December 6, 1989, a Certificate Approving a Lot Line Adjustment was recorded with the Office of the County Recorder of San Bernardino County as Document No. 89-474131 (“Lot Line Certificate”) in an attempt to merge the two Properties into one parcel;

WHEREAS, following the recording of the Lot Line Certificate, the steps required to merge the two Properties as one parcel were not thereafter perfected by the Owner in accordance with the requirements of the California Subdivision Map Act, including Government Code sec. 66412 and Chino Municipal Code requiring a lot line adjustment to be reflected in a deed to be recorded against the property title;

WHEREAS, in accordance with the aforementioned provision of the Subdivision Map Act, the procedures to merge the Properties into one parcel a re void for failure to comply with the Subdivision Map Act and Chino Municipal Code; and

315
316
317
318
319

Recording Requested by:
3535 and 3551 Philadelphia Properties LLC
3535 Philadelphia Street
Chino, CA 91710

When Recorded Mail to:
3535 and 3551 Philadelphia Properties LLC
3535 Philadelphia Street
Chino, CA 91710

SPACE ABOVE THIS LINE FOR RECORDER’S USE

COVENANT AND AGREEMENT

THIS AGREEMENT ( “Agreement”) is made and entered into as of July 16, 2024, by 3535 AND 3551 PHILADELPHIA PROPERTIES, LLC, a California limited liability company (“Declarant”) and THE CITY OF CHINO (the City).

RECITALS
A. Declarant is the owner of certain real property located in the City of Chino, County of San Bernardino , State of California, and more particularly described on Exhibit A attached hereto (collectively, "Properties").

B. The Properties consist of two separate Assessor’s Parcel Numbers; 1016-011-12 (3535 Philadelphia Street) and 1016-011-13 (3551 Philadelphia Street).

C. The Properties contain common boundaries and are adjacent to and contiguous with one another.

D. The Properties also contains common walls directly adjacent to the common property line between the 2 parcels with openings.

E. The purpose of this Agreement is to set forth the terms and conditions for sale transaction of one or both the Properties.

AGREEMENT

1. Covenant to Seal Walls Adjacent to Common Property Line. In the event that the Declarant sells one or both the Proper ties, the Declarant hereby agrees and covenants that , at least thirty (30) days before any sale or transfer, Declarant provides City with an application, as may be necessary, for building permit(s) and an opportunity for City to inspect that any and all openings in the walls directly adjacent to the common property line between the Properties has been adequately and fully sealed and in acco rdance with any applicable permit(s) and standards as 320
321
322
323
324
325
326
327

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: JULY 16, 2024

TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, PE, DIRECTOR OF PUBLIC WORKS

SUBJECT
..titl e
Acceptance of the CalRecycle City/County Payment Program (CCPP23) Grant Funds.

..end

RECOMMENDATION
1) Authorize the acceptance of an award of funds from the State Department of Resources, Recycling and Recovery (CalRecycle) City/County Payment Program (CCPP -23) in the amount of $23,619; 2) establish grant number G 7242 for FY2023 -24; 3) appropriate $23,6 19 to the Sanitation Fund with a corresponding appropriation in revenues; and 4) authorize the City Manager to execute the necessary documents on behalf of the City. ..body

FISCAL IMPACT
Requires an appropriation of $23,619 to the revenue and expenditure accounts of the Sanitation Fund 550, grant number G7242.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
 Financial Stability
 Public Service Excellence through Internal and External Partnerships

Revenue: 5507380-59500-G7242

Expenditure: 5507380-40010-G7242
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 328
CITY COUNCIL MEETING DATE: JULY 16, 2024
TITLE: ACCEPTANCE OF THE CALRECYCLE CITY/COUNTY PAYMENT PROGRAM (CCPP23) GRANT FUNDS.

PAGE: 2

BACKGROUND
The state of California awards annual payments to cities and counties from the City/County Payment Program, funded from statewide beverage recycling monies collected for beverage container recycling and litter cleanup recycling activities. The state distribution award amounts are based on a per capita formula which also causes a fluctuation from year -to-year due to population change and CCPP fund availability.

ISSUES/ANALYSIS
The Department of Resources Recycling and Recovery (CalRecycle) administers this program and requires that the funds be used specifically for beverage container recycling programs, activities for school -aged youth, and community events. The City 's outreach includes distributing educational recycling materials, installing and distributing recycling bins at various locations throughout the City, public education and outreach promoting beverage container recycling, and purchasing and installing water bottle refill stations.

Staff received notification from CalRecycle that funding was approved from the City/County Payment Program to be expended during the grant cycle term of April 19, 2024, through March 1, 2026, which covers Fiscal Years 2023 -24, 202 4-25, and 2025 -26. Therefore, staff is recommending an appropriation of $23,619 from the unappropriated reserves of the Sanitation Fund with a corresponding increase to the revenues. There are no city matching funds required and the City has already received the funds from the State Controller’s Office.

329

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: JULY 16, 2024

TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, PE, DIRECTOR OF PUBLIC WORKS

SUBJECT
..titl e
Measure I 5 -Year Improvement Plan and Expenditure Strategy for Fiscal Year 2024 -2025 through Fiscal Year 2028-2029.
..end

RECOMMENDATION
Adopt Resolution No. 2024 -038, approving the Measure I Local Street Pass -Through Funds Five-Year Capital Improvement Plan and Expenditure Strategy for Fiscal Year 2024 -2025 through Fiscal Year 2028-2029.
..body

FISCAL IMPACT
Adoption of the Measure I Local S treet Pass -Through Funds Five -Year Capital Improvement Plan and Expenditure Strategy is required to receive and expend Measure I funds. Measure I expenditures are included in the FY 2024-2025 Adopted Budget.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
 Financial Stability
 Responsible Long-Range Planning

Revenue: Click or tap here to enter text.

Expenditure: Fund 322
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 330
CITY COUNCIL MEETING DATE: JULY 16, 2024
TITLE: MEASURE I 5 -YEAR IMPROVEMENT PLAN AND EXPENDITURE STRATEGY FOR FISCAL YEAR 2024-2025 THROUGH FISCAL YEAR 2028-2029.

PAGE: 2

BACKGROUND
In November 1989, San Bernardino County voters approved Measure I, supporting a half -cent sales tax in the incorporated and unincorporated areas of the County for the 20 -year period between April 1, 1990, and March 31, 2010. Early in the second decade of Measure I, it became apparent that continuation of the half -cent sales tax would be critical to maintaining funding for transportation projects in San Bernardino County. Ultimately, the voters of San Bernardino County approved the San Bernardino County Transportation Authority Ordinance 04 -01 on November 4, 2004, extending the half-cent sales tax for 30 years to March 31, 2040.

ISSUES/ANALYSIS
The Measure I Strategic Plan requires governing bodies receiving Measure I revenue from the Local Street Program to adopt a Five -Year Capital Improvement Plan (CIP) annually. This plan is intended to effectively outline the specific projects upon which Measure I local pass -through funds will be expended. Moreover, the Measure I Five -Year Capital Improvement Program includes a five-year period from Fiscal Year 2024-2025 through Fiscal Year 2028-2029.

The City is obligated to annually adopt by resolution a Five -Year CIP plan and expenditure strategy. Specifically, the CIP acknowledges that the City will maintain the general fund expenditures within the said fiscal year at the required Maintenance of Effort (MOE) base year level for construction and maintenance projects related to transportation. Therefore, the City of Chino must spend at least $383,567 annually from its General Fund until the year 2040 to receive its share of the Measure I funding.

In addition, agencies shall also adopt an Expenditure Strategy statement detailing the City’s approach to spending the funds and must be included with the Five -Year Capital Improvement Plan.

The projects included in the Measure I Local Street Pass-Through Funds Five -Year Capital Improvement Plan do not reflect the City’s entire Capital Improvement Program. Rather the plan consists of projects that receive partial or full funding from Measure I Local Pass -Through funds and adhere to the Expenditure Strategy statement.

Attachment: Exhibit A – Resolution 2024-038

331
RESOLUTION NO. 2024-038

A RESOLUTION OF THE CHINO CITY COUNCIL, ADOPTING

THE MEASURE I FIVE YEAR CAPITAL IMPROVEMENT PLAN
AND EXPENDITURE STRATEGY FOR FISCAL YEAR 2024-2025
THROUGH FISCAL YEAR 2028-2029

WHEREAS, San Bernardino County voters approved passage of Measure I in November 2004, authorizing San Bernardino County Transportation Authority, to impose a one -half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and

WHEREAS, revenue from the tax can be used only for transportation improvement and traffic management programs authorized in the Expenditure Plans set forth in Ordinance 04-01 of the Authority; and

WHEREAS, the Strategic Plan requires that each local jurisdiction applying for revenue from the Local Street Program to annually adopt and update a Five -Year Capital Improvement Plan; and

WHEREAS, California Public Utilities Code 190300 and Ordinance No. 04-01 require each local jurisdiction to maintain General Fund expenditures for transportation -related construction and maintenance activities at the required Maintenance of Effort base year level in each fiscal year of the adopted Five-Year Capital Improvement Plan, which for the City of Chino is $383,567; and

WHEREAS, Expenditure plans of the Ordinance require each local jurisdiction receiving revenue from the Local Streets Program to expend those funds pursuant to a Five -Year Capital Improvement Plan adopted annually by resolution of the local jurisdiction; and

WHEREAS, SBCTA also requires that each local jurisdiction prepare an Expenditure Strategy.

NOW, THEREFORE, THE CHINO CITY COUNCIL, HEREBY RESOLVES AS FOLLOWS:

1. That the Measure I Five Year Capital Improvement Plan and Expenditure Strategy Fiscal Year 202 4-2025 through Fiscal Year 202 8-2029, copies of which are attached to this Resolution, are hereby adopted.

2. That the City Clerk shall certify to the passage and adoption of this Resolution and thereupon and thereafter the same shall take effect and be in full force.

APPROVED AND ADOPTED THIS 16th DAY OF JULY, 2024.

EUNICE ULLOA, MAYOR

332
RESOLUTION NO. 2024-038

Page 2 of 2 ends

ATTEST:

NATALIE GONZAGA, CITY CLERK

Attachments: Measure I Five Year Capital Improvement Plan and Expenditure Strategy Fiscal Year 2024-2025 through Fiscal Year 2028-2029.

State of California )
County of San Bernardino ) ss
City of Chino )

I, Natalie Gonzaga, City Clerk of the City of Chino, do hereby certify the foregoing Resolution was duly adopted by the Chino City Council at a regular meeting held on the 16th day of July 2024, by the following votes:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

NATALIE GONZAGA, CITY CLERK

333

CITY OF CHINO

MEASURE I CAPITAL IMPROVEMENT PLAN

EXPENDITURE STRATEGY

(FISCAL YEAR 2024-2025 THROUGH FISCAL YEAR 2028-2029)

The City of Chino will continue to emphasize the regional and sub-regional arterial roadway system during the next five years of the Measure I program. At least 50 percent of the Measure I funding will be allocated for specific Capital Improvement Projects to improve traffic flow and motorist convenience. Failing pavement surfaces will be rehabilitated, traffic striping will be modified to accommodate increased traffic demand and intersection capacity will be enhanced with new and modified traffic signals.

In addition to the above Capital Improvements Program, Chino will continue to allocate up to 50 percent of the annual Measure I funds towards Public Works Maintenance activities. Maintenance work will continue to include the City’s traffic signal maintena nce, sidewalk and curb repair, pavement repair, and overlay on the local street system. 334
Resolution Number:

Resolution Approval Date:

Contact Person/Title:

Phone:
$2,443,049.00
FY2025/26 Est. Revenue FY2028/29 Est. Revenue Total Est. Rev. $2,487,189 $2,717,298 $12,822,729
Projects:

C7053/TR131- Traffic Signal Modification at Riverside Drive and Ramona Avenue
No No 0.0% 0.0% $0 $0 $23,566
C7061/TR152- Traffic Signal Modification at Telephone Avenue and Philadelphia Street
Yes No 0.0% 0.0% $0 $0 $23,215
TR 220 Traffic Signal Modifications at San Antonio Avenue at Walnut Avenue, Philadelphia Street at Monte Vista Avenue
Yes No 0.0% 0.0% $0 $0 $46,000
TR221 CCTV Camera Installation - Phase 3 No No 0.0% 0.0% $0 $0 $220,000 TR250 CCTV Camera Installation- Phase 4 No No 0.0% 0.0% $0 $0 $225,000 TR212 Traffic Signal Installation Monte Vista Ave at Walnut Ave No No 0.0% 0.0% $0 $0 $4,115 ST182 - Bicycle, Pedestrian, & Transit Improvements No No 0.0% 0.0% $0 $0 $69,440 ST061 Pine Ave Connection SR71 No No 64.8% 35.2% $0 $0 $24,099 Maint. 7120-Traffic Control No No 0.0% 0.0% $0 $0 $316,000 Maint. 7140-Asphalt Maint No No 0.0% 0.0% $0 $0 $512,000 Maint. 7150-Concrete Maint No No 0.0% 0.0% $0 $0 $564,502 Reimb. R7221-East End Ave County Project No No 0.0% 0.0% $0 $0 $539,000 Reimb. R7231-Chino Hills Parkway Pavement Rehabilitation No No 0.0% 0.0% $0 $0 $1,000,000 MS232 Chino Spectrum Traffic Study No No 0.0% 0.0% $0 $0 $4,995 MS233 Citywide Telecommunication Plan No No 0.0% 0.0% $0 $0 $50,000 MS236 Traffic Signal Synchronization Plan No No 0.0% 0.0% $0 $0 $150,000 TR172 Traffic Signal Modification Ramona & Schaefer No No 0.0% 0.0% $0 $0 $10,393 ST222 - Kimball/El Prado/Central Traffic Improvements No No 0.0% 0.0% $0 $0 $24,440 ST242 - College Park Roundabout Improvements No No 0.0% 0.0% $0 $0 $102,000 ST251 - Local Street Rehab FY2025 No No 0.0% 0.0% $0 $0 $1,500,000 TR240 - Traffic Signal Installation - Eucalyptus & Fern No No 0.0% 0.0% $0 $0 $175,000 ST241 Local Street Rehabilitation-Walnut Widening No No 0.0% 0.0% $0 $0 $212,800 ST253 East End Railroad Improvements No No 0.0% 0.0% $0 $0 $300,000 No No 0.0% 0.0% $0 $0 $0

0.0% 0.0% $0 $0 $0

0.0% 0.0% $0 $0 $0
Revised 7-9-2024 0.0% 0.0% $0 $0 $0
$0 $0 $5,583,765
Resolution Number:

Resolution Approval Date:

Contact Person/Title:

Phone:
$5,583,765
Total Programming is currently 37%
Projects Total: $6,096,565 $0 $0

FIVE YEAR CAPITAL IMPROVEMENT PLAN
Fiscal Years 2024/2025 thru 2028/2029 Chino
2024-038
7/16/2024
Steven Galindo/ Management Analyst
(909) 334-3477
Email: [email protected]
(Must not exceed 150% of Carryover Balance +
Total Estimated Revenue) Total Estimated
Programming:
$0 $0 $0 $0
$0 $0 $0 $0
$0$0$0$0
$0 $0 $0 $0
$0 $0 $0 $0
$0 $0 $0 $0
$0 $0 $0 $0
$0 $0 $0 $0
$0 $0 $0 $0
$0 $0 $0 $0
$0 $0 $0 $0
$0 $0 $0 $0
$1,260,996 $175,000 $0 $0
$500,000 $212,800 $0 $0
$300,000 $300,000 $0 $0
$180,827
$24,440 $0 $0
$300,000
$102,000 $0 $0
$7,000,000 $1,500,000 $0 $0
$50,000
$50,000 $0 $0
$150,000
$150,000 $0 $0
$687,730
$10,393 $0 $0
$539,000
$539,000 $0 $0
$1,000,000 $1,000,000 $0 $0
$150,000
$4,995 $0 $0
$316,000
$316,000 $0 $0
$512,000
$512,000 $0 $0
$564,502
$564,502 $0 $0
$317,605
$4,115 $0 $0
$1,468,960 $69,440 $0 $0
$39,292,000 $24,099 $0 $0
$46,000
$46,000 $0 $0
$220,000
$220,000 $0 $0
$225,000
$225,000 $0 $0
Total
$331,758
$23,566 $0 $0
$201,187
$23,215 $0 $0
6/30/24 Carryover Balance
Is Project in City's
Non-motorized
Transportation
Plan? (Yes/No)
Does Project have
an ATP
Component?
(Yes/No)
Is the Project on the City's
Nexus Study List? (Public/DIF
Share %)
Estimated Total
Project Cost
FY2024/25 Est. Revenue FY2026/27 Est. Revenue FY2027/28 Est. Revenue $2,432,902 $2,557,855 $2,627,485
Current Estimate Current Estimate Current Estimate Current Estimate Current Estimate

FIVE YEAR CAPITAL IMPROVEMENT PLAN
Fiscal Years 2024/2025 thru 2028/2029 Chino
2024-038
7/16/2024
Steven Galindo/ Management Analyst
(909) 334-3477
Email: [email protected]
335

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: JULY 16, 2024

TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, PE, DIRECTOR OF PUBLIC WORKS

SUBJECT
..titl e
Notice of Completion – Sewer Reline Fiscal Year 2022 Project (SW220). ..end

RECOMMENDATION
1) Accept the Sewer Reline Fiscal Year 2022 Project (SW220), with Sancon Technologies, Inc., Huntington Beach, CA, Contract No. 2022 -241, as complete; 2) authorize the Director of Public Works to File the Notice of Completion; and 3) authorize the release of the retention funds following the 35-day lien period.
..body

FISCAL IMPACT
The project was completed within the Council approved budget.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
 Positive City Image
 Responsible Long-Range Planning

Revenue: Click or tap here to enter text.

Expenditure: 5307340-48005-SW220
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 336
CITY COUNCIL MEETING DATE: JULY 16, 2024
TITLE: NOTICE OF COMPLETION - SEWER RELINE FISCAL YEAR 2022 PROJECT (SW220).

PAGE: 2

BACKGROUND
As part of the Five -Year Capital Improvement Program, Public Works staff reviewed televised sewer inspections and identified various locations of existing 8 -inch and 10 -inch vitrified clay pipe (“VCP”) sewer lines requiring rehabilitation work. Rehabilitation of existing VCP and concrete sewer lines was done by the process of Cured -in-Place Pipe (“CIPP”), where installation of a resin is tightly formed to the current sewer lines. The resin is cured with hot water under hydrostatic pressure or steam pressure.

On October 6, 2021, staff published a formal Notice Inviting Bids via the City’s PlanetBids website and rec eived bids from five (5) contractors. On November 16, 2021, the City received two (2) written bid protests, which resulted in the lowest apparent bidder withdrawing from the procurement process. City Council rejected all bids on December 7, 2021, and autho rized staff to re-bid Project No. SW220.

On January 18, 2022, City Council awarded a construction contract to Sancon Technologies, Inc., Huntington Beach, CA, for the Sewer Reline Fiscal Year 2022 Project (SW220) in the amount of $1,061,750.00. Throughout the project, City staff identified additional areas requiring rehabilitation and requested to include these locations for televised sewer inspections and CIPP, resulting in three (3) contract change orders.

ISSUES/ANALYSIS
All work has been completed per the terms of the original contract and approved change orders.

The following is a summary of the final accounting of construction costs for the project.

The total construction contract change order amount is $102,747 (9.68% of the total contract).

Ten percent is generally considered within the normal range of changed conditions on a Public Works construction projects and, by providing change order authority upfront, the City Council helps to reduce the possibility of delay on a construction project.

SW220 Contract Contingency
Original Construction Contract Amount $ 1,061,750.00 $ 106,175.00 Contract Change Order Nos. 1-3 $ 102,747.00 (-$ 102,747.00) Final Contract & Contingency Balance $ 1,164,497.00 $ 3,428

Sancon Technologies, Inc., Huntington Beach, CA, has complied with the terms of the contract.

A Notice of Completion has been prepared for filing with the San Bernardino County Recorder's Office and the retention funds will be released following the 35-day lien period.

Attachment: Exhibit A: SW220 Segment Locations
Exhibit B: Notice of Completion – Sancon Technologies, Inc.

337
Item St
1 Alma Court 4149 Alma Ct to Pipeline Ave
2 4327 Marigold Dr 4327 Marigold Dr to 13536 Lily Pl
3 13487 Branding Iron Ln 13487 Branding Iron Ln to 13535 Branding Iron Ln 4 3633 Alicia Wy 3633 Alicia Wy to3601 Alicia Wy
5 13567 Frady Ave 13567 Frady Ave to Enrico Ave
6 Frady Ave Enrico Ave to 13651 Frady Ave
7 Cherry Ave 13808 Cherry Ave to 13848 Cherry Ave
8 Cherry Ave 13848 Cherry Ave to 13885 Cherry Ave
9 Cottonwood Ave 13833 Cottonwood to 13857 Cottonwood Ave 10 Cherry Ct 13714 Cherry Ct to 13747 Cherry Ct
11 Cherry Ct 13747 Cherry Ct to 13779 Cherry Ct
12 Hickory St 13779 Hickory St to 13777 Hickory St
13 Hickory St 13777 Hickory St to 13806 Hickory St
14 Cherry Ct 13779 Cherry Ct to 13747 Cherry Ct
15 Cherry Ave 13808 Cherry Ave to 13848 Cherry Ave
16 Cherry Ave 13848 Cherry Ave to 13885 Cherry Ave
17 Laurel Ct 6881 Laurel Ct to 6831 Laurel Ct
18 Laurel Ct 6831 Laurel Ct to 6801 Laurel Ct
19 Dogwood Ct 13803 Dogwood Ct to 13836 Dogwood Ct
20 Dogwood Ct 13836 Dogwood Ct to 13860 Dogwood Ct
21 Dogwood Ct 13860 Dogwood Ct to 6831 Laurel Ct
22 Dogwood Ct 13704 Dogwood Ct to 13744 Dogwood Ct
23 Dogwood Ct 13744 Dogwood Ct to 13776 Dogwood Ct
24 Ash Ct 6714 Ash Ct to 6765 Ash Ct
25 Live Oak Ave 13710 Live Oak Ave to 13758 Live Oak
26 Live Oak Ave 13758 Live Oak to 6719 Greenbriar Ct
27 Avila Ave 6766 Bartlett St to Avila/Hickory St
28 Avila Ave Avila/Hickory St to Avila/Greenbriar Ct
29 Avila Ave Avila/Greenbriar Ct to Avila/Manzanita St
30 Avila Ave Avila/Manzanita St to Avila south of Manzanita 31 Avila Ave Avila south of Manzanita to Avila/Elm Ct
32 Avila Ave Avila/Elm Ct to Edam St
33 Bartlett St 6766 Bartlett St to 6726 Barlett St
34 Greenbriar Ct 6719 Greenbriar Ct to 6759 Greenbriar Ct 35 Greenbriar Ct 6759 Greenbriar Ct to Avila/Greenbriar Ct 36 Manzanita St 6720 Manzanita St to 6780 Manzanita St
37 Live Oak Ave 6720 Manzanita St to 13890 Live Oak Ct
38 Live Oak Ave 13890 Live Oak Ct to Live Oak/Edam St
39 Elm Ct 6763 Elm Ct to 13890 Live Oak Ct
40 Edam St Edam/Avila Ave to Edam/Live Oak Ct
41 Edam St Edam/Live Oak Ct to Edam/San Antonio
42 Rancho del Chino/Greenbriar Rancho del Chino/Greenbriarto 6539 Greenbriar Ct 43 Greenbriar Ct 6593 Greenbrair Ct to 6622 Greenbriar Ct 44 Olivewood Ave 13832 Olivewood Ave to 13856 Olivewood Ave 45 Olivewood Ave 13856 Olivewood Ave to 13904 Olivewood Ave 46 Olivewood Ave 13904 Olivewood Ave to 13935 Olivewood Ave Limits
338
47 Olivewood Ave 13935 Olivewood Ave to Olivewood/Edam St 48 Greenbriar Ct 6622 Greenbriar Ct to 6642 Greenbriar Ct 49 Greenbriar Ct 6642 Greenbriar Ct to 6692 Greenbriar Ct 50 Cottonwood Ave 13857 Cottonwood Ave to 13897 Cottonwood Ave 51 Manzanita St 13857 Cottonwood Ave to 6587 Manzanita Ct 52 Rancho del Chino/Elm St Rancho del Chino/Elm St toRancho del Chino/1st MH S 53 Rancho del Chino/Elm St 1st MH to 2nd MH
54 Elm St 6597 Elm St to Rancho del Chino/Elm St
55 Elm St 6637 Elm St to 6597 Elm St
56 Rancho Del Chino Ave MH to MH
57 Rancho Del Chino Ave MH to MH
58 Darcena St 6583 Darcena St to MH
59 Rancho Del Chino Ave MH to MH
60 Rancho Del Chino Ave MH to MH
61 Edam St Edam/ Olivewood St to Edam/San Antonio Ave
62 Pinon Ct 6619 Pinon Ct to 13935 Olivewood Ave
63 Pinon Ct 6590 Pinon Ct to 6619 Pinon Ct
64 Carrotwood Ct 13826 Carrotwood Ct to Manzanita
65 Carrotwood Ct Manzanita St to Elm Ct
66 Carrotwood Ct Elm Ct toPinon Ct
67 Carrotwood Ct Pinon Ct toDarcena St
68 Elm Ct Carrotwood Ct to6572 Elm Ct
X *Benson Ave Walnut Ave to 12591 Benson Ave
X *Benson Ave 12591 Benson Ave to 12695 Benson Ave
X *Benson Ave 12695 Benson Ave to Benson/Serene
X *Benson Ave Benson/Serene to 12795 Benson Ave
X *Benson Ave 12795 Benson Ave to 12849 Benson Ave
X *Benson Ave 12849 Benson Ave to 12869 Benson Ave
X *Benson Ave 12869 Benson Ave to Benson/Riverside
X *Benson Ave 12986 Benson Ave to 13058 Benson Ave
X *Benson Ave 13058 Benson Ave to Benson/C Street
X *Benson Ave C St to 13131 Benson Ave
X *Benson Ave 13131 Benson Ave to D St
X *Schaefer Avenue Monte Vista Avenue to Central Avenue CCO 1Monte Vista Avenue Independence Court to Liberty Street CCO 1Telephone Avenue Independence Court to Philadelphia Street CCO 1Philadelphia Street Monte Vista Avenue to West of Telephone Avenue CCO 1Philadelphia Street Telephone Avenue to Bridger Avenue CCO 1White Bark Avenue Star Pine Court to Sugar Pine Court CCO 1White Bark Avenue Star Pine Court to Sugar Pine Court CCO 1White Bark Avenue Star Pine Court to Sugar Pine Court CCO 1Star Pine Court Star Pine Cul-De-Sac to White Bark Avenue CCO 1Sugar Pine Street Iron Bark Avenue to San Antonio Avenue CCO 1Sugar Pine Street Iron Bark Avenue to San Antonio Avenue CCO 1Iron Bark Avenue Sugar Pine Street to Sugar Pine Street CCO 1White Bark Avenue Weeping Willow Ct to Madera Street CCO 1White Bark Avenue Weeping Willow Ct to Madera Street 339
CCO 1Weeping Willow Ct Weeping Willow Cul-De-Sac toWhite Bark Avenue CCO 1Weeping Willow Ct Weeping Willow Cul-De-Sac toWhite Bark Avenue CCO 1White Bark Avenue Edison Avenue to Weeping Willow Ct CCO 1Iron Bark Court Iron Bark Cul-De-Sac to Madera Street CCO 1Iron Bark Avenue Madera Street to Buckeye Street
CCO 1Iron Bark Avenue Madera Street to Buckeye Street
CCO 1Iron Bark Avenue Iron Bark Cul-De-Sac to Madera Street CCO 1Buckeye Street White Bark Avenue to Iron Bark Avenue CCO 1Buckeye Street White Bark Avenue to Iron Bark Avenue CCO 1Persimmon Street White Bark Court to Madera Street CCO 1Persimmon Street Madera Street to Cherry Court
CCO 1Persimmon Street Cherry Court to Fern Avenue
CCO 1Persimmon Street Persimmon Cul-De-Sac to White Bark Court CCO 1White Bark Court White Bark Cul-De-Sac to Persimmon Street CCO 1Cherry Court Cherry Cul-De-Sac to Persimmon Street CCO 2N-S ALLEY Between 6th & 7th StreetRiverside Drive to B Street CCO 2N-S ALLEY Between 3rd & 4th StreetRiverside Drive to B Street CCO 2N-S ALLEY Between 3rd & 4th StreetB Street to C Street CCO 2Amsterdam Avenue Pepperdine Street to Dalton Street CCO 2Amsterdam Avenue Pepperdine Street to Dalton Street CCO 2Amsterdam Avenue Dalton Street to Edison Avenue
CCO 2Amsterdam Avenue Dalton Street to Edison Avenue
CCO 2Amsterdam Avenue Dalton Street to Edison Avenue
CCO 2Cypress Avenue Schaefer Avenue to Pepperdine Street CCO 2Cypress Avenue Schaefer Avenue to Pepperdine Street CCO 2Cypress Avenue Schaefer Avenue to Pepperdine Street CCO 2Cypress Avenue Schaefer Avenue to Pepperdine Street CCO 2Pepperdine Street Harvard Avenue to Dartmouth Court CCO 2Pepperdine Street Dartmouth Court to Amsterdam Avenue CCO 2Pepperdine Street Harvard Avenue to Cypress Avenue CCO 3Chino Avenue Central Avenue to 10th Street
CCO 3Chino Avenue 10th Street to 12th Street
CCO 3Chino Avenue 12th Street to Benson Avenue
CCO 3D Street at Monte Vista Intersection
* SEGMENTS REMOVED FROM ORIGINAL SCOPE
340

BRECORDING REQUESTED BY
City of Chino
Public Works Department
P.O. Box 667
Chino, CA 91708

AND WHEN RECORDED MAIL TO

City Clerk
City of Chino
P.O. Box 667
Chino, CA 91708-0667

SPACE ABOVE THIS LINE FOR RECORDER’S USE

APN# N/A NOTICE OF COMPLETION

CITY OF CHINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA

Notice is hereby given that:

1. The undersigned is owner of the interest or estate stated below in the property hereinafter described.

2. The full name of the undersigned is City of Chino

3. The full address of the undersigned is 13220 Central Avenue, Chino, CA 91710

4. The nature of the title of the undersigned is: In fee (If other than fee, strike “In fee” and insert, for example, “purchaser under contract of purchase” or “lessee”)

5. The full names and full addresses of all persons, if any, who hold title with the undersigned are:

Names Addresses

N/A

6. The names of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work of improvement herein referred to:

Names Addresses

N/A

N/A
(If no transfer made, insert “none”)

7. A work of improvement on the property hereinafter described was completed on 5/25/2024

8. The name of the contractor, if any, for such work of improvement was:

Sancon Technologies, Inc., Huntington Beach, CA
(If no contractor for work of improvement, insert “none”)

9. The property on which said work of improvement was completed is in the City of Chino, County of San Bernardino, State of California, and is described as follows:

SW220 – Sewer Reline Fiscal Year 2022 at Various Locations.

10. The street address of said property is None
(If no street address has been officially assigned, insert “none”)

SIGNATURE OF OWNER NAMED IN PARAGRAPH 2: DATE: July 16, 2024 Hye Jin Lee, PE, Public Works Director

CERTIFICATION FOR NOTICE OF COMPLETION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )ss

CITY OF CHINO )

I HEREBY CERTIFY that I am the Director of Public Works for the City of Chino. I have read the foregoing Notice of Completion and know the contents thereof; and I certify that the same is true of my own knowledge.

I declare under penalty of perjury, that the foregoing is true and correct. Executed on July 16, 2024, at City of Chino, California

Hye Jin Lee, PE
Director of Public Works 341

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: JULY 16, 2024

TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, PE, DIRECTOR OF PUBLIC WORKS

SUBJECT
..titl e
Approve Amendment No. 10 to Huitt -Zollars, Inc. for Design Professional Services for the Pine Avenue Connection to SR71 Project (ST061).
..end

RECOMMENDATION
Approve a tenth amendment to the Design Professional Services Agreement with Huitt -Zollars, Inc., Irvine, CA, Agreement 2015 -232, in the amount of $111,190 for a total agreement amount not to exceed $5,403,704.11; and authorize the City Mana ger to execute all necessary documents on behalf of the City.
..body

FISCAL IMPACT
Sufficient funds are included in the Fiscal Year 2024 -2025 Capital Improvement Program for Project No. ST061.

ST061 – Pine Avenue Connection to SR71
Fund Adopted Budget Expenditures/
Encumbrances Available Budget
Transportation Fund (320) * $5,560,491.00 $5,224,593.52 $335,897.48 Measure I (322) $350,000.00 $325,900.90 $24,099.10
Measure I Arterial
Subprogram Fund (328) $21,199,443.00 $934,302.06 $20,265,140.94 TOTALS: $27,109,934.00 $6,484,796.48 $20,625,137.52
*Transportation Fund (320) is backfilled by the General Fund (100), Bridges/Streets/Thoroughfare Fund (220), Bridges/Streets/Thoroughfare Preserve Fund (260), and by SAFETEA-LU grant.

Revenue: Click or tap here to enter text.

Expenditure: 3207100-48004-ST061
3227190-48004-ST061
342
CITY COUNCIL MEETING DATE: JULY 16, 2024
TITLE: APPROVE AMENDMENT NO. 10 TO HUITT -ZOLLARS, INC. FOR DESIGN PROFESSIONAL SERVICES FOR THE PINE AVENUE CONNECTION TO SR71 PROJECT (ST061).

PAGE: 2

3287103-48004-ST061

Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 343
CITY COUNCIL MEETING DATE: JULY 16, 2024
TITLE: APPROVE AMENDMENT NO. 10 TO HUITT -ZOLLARS, INC. FOR DESIGN PROFESSIONAL SERVICES FOR THE PINE AVENUE CONNECTION TO SR71 PROJECT (ST061).

PAGE: 3

BACKGROUND
The Pine Avenue Connection to State Route 71 Project (ST061) is a major roadway project that will extend Pine Avenue from State Route 71 (“SR71”) to its intersection with El Prado Road and will improve the existing roadway between El Prado Road and Euclid Avenue. The eventual construction of this four-lane urban arterial, which includes grading, a 500-ft bridge across Chino Creek, storm drain and stormwater quality facilities, and utility relocation, will fulfill the City of Chino’s Circulation Elements obj ective and will provide relief to the adjacent Butterfield Ranch Road and Central Avenue interchange at SR71.

Because the project is within the horizontal and vertical limits of the Prado Basin, a United States Army Corps of Engineers (“USACE”) facility, the project team has worked closely with the USACE for years to devise a conceptual design that meets their design requirements.

Additionally, due to Federal Highway Administration (“FHWA”) funding, through the CalTrans Local Assistance Program, the project is subject to National Environmental Policy Act (“NEPA”) compliance requiring thorough review from CalTrans of all environmental documentation which has required numerous reviews. Additionally, Chino Hills has provided comment and input since approximately half of the project (the westerly portion), including the 500 -ft bridge, is within their jurisdiction.

The project’s design consultant, Huit -Zollars, has completed the 95 -percent level plans. The environmental compliance phase is nearing completion with the environmental documents including the Initial Study/Environmental Assessment (“ISEA”) and Mitigated Negative Declaration (“MND”), soon to be formally approved by CalTrans. Further, all jurisdictional permits are submitted and in draft pending comp leted NEPA and California Environmental Quality Act (“CEQA”) compliance. Preliminary utility relocation plans, including but not limited to Southern California Edison (“SCE”) distribution and transmission lines and transmission towers, have been designed or procured for utilities within the project limits. Finally, progress has been made in securing an offsite mitigation property, meeting the very specific jurisdictional agencies’ requirements.

As a result of the approval of Huitt -Zollars Amendment No. 9 on April 16, 2024, by City Council, negotiations have progressed for a specific offsite mitigation property, including a field visit, and work began immediately to update the Phase I Environmental Site Assessment (“ESA”) and the Air Quality Report (“AQR”).

ISSUES/ANALYSIS
The Traffic Impact Analysis (“TIA”) included with the circulated environmental documents for Caltrans approval was initially conducted in 2017 and revised in 2020. The TIA was based on traffic counts conducted in 2016 and modeled for an opening year of 2023. As part of the update to the Air Quality Conformity Affirmation (“AQCA”), the City’s environmental consultant determined that at minimum, the opening year modeled in the report needed to be updated to the new Regional Transportatio n Plan (“RTP”) and Federal Transportation Improvement Program (“FTIP”) project listings of 2026. Additionally, staff w as informed by SBCTA that the traffic counts exceeded the 3 -year validity period set by Caltrans. Since COVID -19 restrictions have now e ased and traffic patterns are likely different from 2016, staff made a determination that the traffic counts should be updated to justify the conclusions made in the study. Staff further met with the City of Chino Hills to discuss the update and sought their input for additional 344
CITY COUNCIL MEETING DATE: JULY 16, 2024
TITLE: APPROVE AMENDMENT NO. 10 TO HUITT -ZOLLARS, INC. FOR DESIGN PROFESSIONAL SERVICES FOR THE PINE AVENUE CONNECTION TO SR71 PROJECT (ST061).

PAGE: 4

study locations within their jurisdiction. In collaboration with San Bernardino County Transportation Authority (“SBCTA”), Caltrans, and the City of Chino Hills, staff has concluded that new traffic data should be collected, and the data shall be used to revise the TIA and AQCA to reflect current traffic patterns and the corrected opening year. As a result of the collaborative meeting with Chino Hills, City staff has also requested that the TIA update consider a traffic signal warran t analysis at the intersection of Pine Avenue and Pomona Rincon Road, traffic safety design features to ensure speeds stay within a safe range for the project, and potential traffic calming measures.

It should be noted that the TIA update may trigger rev isions to the noise reports, and the Final Initial Study/Environmental Assessment/Mitigated Negative Declaration (“ISEA/MND”). The new data and results may also yield changes in design speed, and subsequent safety features which may affect the current design of the roadway. With approval of Amendment No. 10, staff intends to review the recommendations of the updated TIA, expected to be completed by Fall 2024, in conjunction with the City of Chino Hills and determine if any revisions to these elements and project schedule will be necessary.

Upon approval of Huitt -Zollars Amendment 9, and in cooperation with Southwest Resource Management Association (“SRMA”), the project’s environmental consultant conducted avian surveys on a potential offsite mitigation p roperty. An abundance of the endangered Least Bell’s Vireo (“LBV”) was observed. The bird was so prolific that SRMA staff was concerned that further field surveys would disturb the birds and their nesting activities. As such, additional supervision by a biologist is necessary to accompany the team during future field studies.

Table 1: Huitt-Zollars Professional Services Agreement Summary* Contract 2015-232 Huitt-Zollars Cost Summary Amount
Original Professional Services Agreement (PSA) $2,108,084.11 Amendment No. 3 (Substantial preliminary & final design, including bridge design)
$1,531,100.00
Amendment No. 5 Santa Ana Watershed Project Authority (SAWPA) Line Relocation
$40,500.00
Amendment No. 6 – Environmental Services & Chino Hills Items $1,253,100.00 Amendment No. 9 – Structural design, Phase I ESA, Permitting & Mitigation
$359,730.00
Proposed Amendment No. 10 – Updated Traffic Impact Report and Biologist Support of Field Studies
$111,190.00
New Contract Total $5,403,704.11
*Term Extension Only - Amendments No. 1,2,4,7, and 8 not included.

It should be noted that the Plans Specifications and Estimates (“PS&E”) phase of the project is funded by SAFETEA-LU and the City of Chino will be reimbursed for 80% of the environmental documentation, permit fees, and Preliminary and Final Engineering costs. The current Federally 345
CITY COUNCIL MEETING DATE: JULY 16, 2024
TITLE: APPROVE AMENDMENT NO. 10 TO HUITT -ZOLLARS, INC. FOR DESIGN PROFESSIONAL SERVICES FOR THE PINE AVENUE CONNECTION TO SR71 PROJECT (ST061).

PAGE: 5

funded grant is approximately $5,040,520.40. Staff is preparing a request for additional funds to support Amendments 9 and 10.

Therefore, staff recommends that t he City Council approve a tenth amendment to the Design Professional Services Agreement with Huitt-Zollars, Inc., Irvine, CA, for $111,190 for an updated traffic impact analysis report and biologist support of future field studies.

Attachments: Huitt-Zollars Amendment (2015-232) (A10)

346
Project Name/No.: Restated-Pine Avenue Extension Contract No.: 2015-232 (A10) HPLUL-5188 (018)

Project Manager: PW – M. Hindersinn Approved: ______________

AMENDMENT NO. 10

TO AGREEMENT FOR SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR SERVICES (“Amendment”) by and between the CITY OF CHINO, a California municipal corporation (“City”) and HUITT- ZOLLARS, INC., a Texas Corporation (“Consultant”) is effective as of the 1st day of July, 2024.

RECITALS
A. City and Consultant entered into that certain Agr eement for Contractual Services dated March 15, 2011 (“Agreement”) whereby Consultant agreed to provide Preliminary Engineering & Design Services for the Pine Avenue Extension Project.

B. The original agreement was extended according to the provisions of the City’s Municipal Code for the maximum of two-years terminating on December 31, 2014; and C. Since the serv ices had not been completed, the Parties entered into a restated professional services agreement No. 2015 -232 on January 1, 2015 (the “ restated a greement”), whereby Consultant agreed to provide the same Preliminary Engineering & Design Services outlined under the original contract; and
D. The restated agreement was extended according to the provisions of the City’s Municipal Code for the maximum of two-years terminating on December 31, 2017; and E. Due to extenuating circumstances over which the parties had no control, Consultant has been prevented from completing its services under the original agreement; and F Only a small portion of the sum designated in the original agreement has been paid to Design Professional under the terms of the original agreement, leaving a balance of $2,108,084.11; and
G. The parties wish to complete the project that was the subject of the original agreement, and certain provision s of the City’s Municipal Code have been amended to allow professional services agreements to be extended for more than two-years; and H. The term provided for in Section 2 of the restated agreement was amended to include three (3) additional one (1)-year extensions. The Agreement may be extended annually by mutual agreement of the City, by written approval of its City Manager, and the Consultant, but in no event will it extend beyond December 31, 2020.

I. City and Consultant executed an Amendment to the Agreement on January 1 st, 2019, to extend the term of the Agreement.
347
01225.0001/863605.1
J. City and Consultant executed an Amendment on July 16 th, 2019 , to increase compensation and modify the scope of services.

K. City and Consultant executed an Amendment on December 1st, 2020, to extend the term.

L. City and Consultant executed an Amendment on March 2nd, 202 1, to increase compensation and modify the scope of services to include additional design elements.

M. City and Consultant executed an Amendment on July 20 th, 2021 , to increase compensation and modify the scope of services to include performance of additional design engineering services, and extend the term.

N. City and Consultant executed a Seventh Amendment on December 12 th, 2022, to extend the term of the Agreement.

O. City and Consultant executed an Eighth Amendment on July 1 st, 2023, to extend the term of the Agreement.

P. City and Consultant executed a Ninth Amendment on April 16th, 2024, to increase compensation and modify the scope of services to include performance of additional design engineering services.

Q. City and Consultant now desire to amend the Agreement to increase compensation, modify the scope of services, and extend the term of the agreement for an additional Fiscal Year.

TERMS

1. Contract Changes. The Agreement is amended as provided herein. (a) Section 3, Compensation, is hereby revised to increase the Contract Sum by One Hundred Eleven Thousand One Hundred Ninety Dollars and Zero Cents ($111,190.00) for performance of additional Design Engineering Services and shall read in its entirety as follows:
“Subject to any limitations set forth in this Agreement . City hereby agrees to pay Design Professional and Design Professional agrees to accept payment, according to the formula or rates set for in Exhibit 2 of the “Agreement”, and the “Additional Scope of Services and Compensation Schedule” attached as Exhibit “7” of the “Agreement”. The total compensation, including reimbursement for actual expenses, shall not exceed the sum of Five Million Four Hundred and Three Thousand Seven Hundred and Four Dollars and Eleven Cents ($5,403,704.11) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 22.
(b) The scope of services provided in Exhibit “A -1” to “A -6” of the Agreement is amended to include services as specified in “Exhibit A-7”, attached hereto. 348
01225.0001/863605.1 (c
) Section 2, Effective Date and Term, is hereby revised to read in its entirety as follows:
“This agreement is effective as of January 1, 2005. Further, Design Professional shall perform all the services described herein by June 30, 2025. If extended, De- sign Professional shall be bound by the terms and condition of this agreement.

Consultant shall complete the services within the Term of this Agreement and shall meet any other established schedules and deadlines.”

2. Continuing Effect of Agreement. Except as amended by this Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment to the Agreement.

3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.

Consultant represents and warrants to City that, as of the date of this Amendment, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

City represents and warrants to Consultant that, as of the date of this Amendment, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.

5. Authority. The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound.

[SIGNATURES ON FOLLOWING PAGE]

349
01225.0001/863605.1
IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date and year first-above written.

CITY:

CITY OF CHINO, a municipal corporation

Linda Reich, City Manager
ATTEST:

Natalie Gonzaga, City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:

ALESHIRE & WYNDER, LLP
_____________________________ _____________________________

Fred Galante, City Attorney Hye Jin Lee, PE, Director of Public Works

CONSULTANT:

HUITT-ZOLLARS, INC.:

By:

Name: Johnny Murad
Title: Vice President

By:

Name: Miguel Angel Hernandez
Title: Vice President

Address: 5430 Lyndon B Johnson Freeway
Suite 1500
Dallas, TX 75240

Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups:
1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer.
350

May 3, 2024

Mrs. Michele Hindersinn
Public Works Project Manager
City of Chino
13220 Central Avenue
Chino, CA 91710

Reference: Addendum – Pine Avenue Extension Project
Chino, California
Huitt-Zollars Project No. R101413.01.08

Mrs. Hindersinn:

Following up on project meetings and conversations regarding the Pine Avenue Extension Project request for additional services. This proposal describes our proposed additional services to those already detailed in our Owner/Consultant Agreement, dated March 15, 2011, between the City of Chino and Huitt-Zollars for the Design and Engineering Services for the Pine Avenue Extension Project.

Update Traffic Report – as directed, the scope of work is to provide a full update to the traffic report inclusive of new traffic counts at 28 intersections. The work will prioritize intersections in the previous report for the update while the additional intersection will be summarized in a memorandum for the City of Chino Hills.

Nesting Bird Support and Biological Monitoring Duri ng Field Services – ICF biologist will provide nesting bird survey and biological monitoring to support the fieldwork proposed for a 30-acre portion of the Smith Property, owned by Southwest Resource Management Association (SRMA).

Project Administration – as necessary for the additional scope of services.

The fee stated below is in addition to our current budget. Specifically, Huitt-Zollars understand that we will provide the following:

I. SCOPE OF SERVICES:

1.0 Traffic Report Update and Memorandum

LOS-1: Level of Service (LOS) based traffic study: Based on feedback from City staff, the following study area intersections will be evaluate d for the purposes of the updated Traffic Study which is an expansion from the prior study:

Chino Hills Pkwy. & Carbon Canyon Rd. Central Av. & Chino Hills Pkwy.

Central Av. & El Prado Rd. Central Av./Soquel Canyon Rd. & Fairfld Rnch Rd.

Soquel Canyon Rd. & SR-71 NB Ramps Soquel Canyon Rd . & SR-71 SB Ramps EXHIBIT "A-7"
A7-1 351
Addendum – Pine Avenue Extension Project
HZ Project No. R101413.01.08
May 3, 2024

2 Squl Cnyn Rd. & Bristol Ln.-Pmona Rncon Rd Soquel C anyon Rd. & Butterfield Ranch Rd.

Butterfield Ranch Rd. & Picasso Dr. Butterfield Ran ch Rd. & Sagebrush St.

Pine Av. & Butterfield Ranch Rd. Pine Av. & Mesa Oa ks Av.

Pine Av. & SR-71 SB Ramps Pine Av. & SR-71 NB Ramps
Pine Av & Frfld Rnch Rd-Pmna Rncn Rd (Fut) Pine Av. & El Prado Rd.

Pine Av. & Euclid Av. (SR-83) El Prado Rd. & Kimball Av.

El Prado Rd. & Mountain Av. Kimball Av. & Euclid Av . (SR-83) Butterfield Ranch Rd. & Avenida de Portugal Butterf ield Ranch Rd. & Mystic Canyon Dr.- Butterfield Ranch Rd. & Brookwood Ln. Sunny Meadow Ln.

Butterfield Ranch Rd. & SR-71 SB On-Ramp Butterfiel d Ranch Rd. & SR-71 NB Ramps Euclid Av. (SR-83) & Pomona Rincon Rd. Pine Av. & SR-71 NB Ramps Fern and Pine Avenue Bttrfld Rnch Rd & Shdy Vw Dr-SR71 SB Off-Ramp

Identify known cumulative development projects and ambient growth patterns. Prepare a draft of the traffic study scoping assumptions and submit it to the jurisdiction for review and approval.

Interface with jurisdiction staff to finalize the t raffic study scoping agreement.

LOS-1.2 Conduct new weekday morning ( 6am-9am ) and weekday evening ( 4pm-7pm ) peak hour turning movement count data at up to 12 inters ections and 24-hour tube counts on up to 3 roadway segments. Field inventory of intersection t raffic control measures, approach lanes at intersections, and through travel lanes along segme nts.

*NOTE: traffic counts need to be conducted prior to May 23, 2024 , while local schools are in session and operating on normal bell schedules. Alternative ly, must wait until schools return for the 2024- 2025 school year on August 4, 2025 .

LOS-1.3 Prepare future long-range traffic forecasts for Without Project conditions based the San Bernardino County Transportation and Analysis Model (SBTAM). Review the initial estimates of the raw peak hour turning movement volumes for r easonableness, including the review of traffic flow conservation and peak-to-daily volume ratios. Adjust the initial raw model estimates to achieve flow conservation, reasonable growth, and plausible diversion between parallel routes through post-processing. Calculate Horizon Year future ADT and peak hour turning movement volumes for up to 27 study area intersections. Int ersections in original report will be prioritize and kept the same. Additional intersections will b e issued in a memorandum for the City of Chino Hills.

LOS-1.4 It is estimated that up to 50 individual cumulative development projects may need to be included in this traffic analysis. The cumulative p roject list will be comprised of projects from the City of Chino, City of Ontario, City of Chino Hills, and City of Eastvale. This scope of work assumes that up to 50 cumulative projects will need to be modeled as part of the future year cumulative traffic forecasting process. Calculate c umulative near-term future ADT and peak hour turning movement volumes for up to 27 study ar ea intersections. A 7-2 352
Addendum – Pine Avenue Extension Project
HZ Project No. R101413.01.08
May 3, 2024

3 LOS-1.5 Assess intersection capacity and level of service (LOS), for up to 27 study area intersections for each of the following traffic conditions, based on the latest HCM methodology ( 7th Edition ):

• Existing
• Opening Year (2026) Without Project
• Opening Year (2026) With Project
• Horizon Year (2046) Without Project
• Horizon Year (2046) With Project

LOS-1.6 Assess roadway segment capacity and LOS, fo r up to 26 study area roadway segments for each of the traffic conditions listed in Task LOS-1.5.

LOS-1.7 Assess freeway off-ramp peak hour queues fo r each of the traffic conditions listed in Task LOS-1.5 at all study area off-ramps. The queui ng analysis will be used to ensure vehicles are not spilling back onto the SR-71 Freeway mainline.

LOS-1.8 Assess basic freeway segment and merge/dive rge junctions and LOS for each of the traffic conditions listed in Task LOS-1.5 at the SR-71 Freeway and Central Avenue, Pine Avenue, and Euclid Avenue (SR-83)/Butterfield Ranch Road interchanges.

LOS-1.9 Perform traffic signal warrant analyses, fo r unsignalized study area intersections, for each of the traffic scenarios described in Task LOS-1.5. Recommend improvements necessary to maintain acceptable intersection, roadway segment, and freeway facility performance for each of the future traffic scenarios described in Task LOS-1.5.

LOS-1.10 Obtain accident history for the last 15 ye ars from Statewide Integrated Traffic Records System (SWITRS) at the Pine Avenue northbound and s outhbound ramps.

LOS-1.11 Prepare a draft traffic report that incorp orates the findings and all supporting calculations.

LOS-1.12 Revise the draft traffic study report based on comments provided by the Client and Lead agency for up to 1 review cycle.

LOS-2.1 Assist the CEQA preparer with preparation o f response to comments on the draft CEQA document.

A
7-3 353
Addendum – Pine Avenue Extension Project
HZ Project No. R101413.01.08
May 3, 2024

4 2.0 Smith Property Field Support: Nesting and Biological Monitoring ICF biologists with experience conducting nesting surveys for Least Bell’s Vireo (LBV) and other nesting birds will conduct nesting bird surveys in support of the aquatic resource delineation, invasive species mapping, and CRAM surveys to be co nducted for the site. Based on the work schedule, up to three (3) survey passes of the entire site will be required to complete the ﬁeld work.

During each survey the biologist(s) will map the location of all LBV territories using the ESRI Field Map Application and recent aerial imagery. The biol ogist will also determine a suitable work avoidance zone to be followed by ﬁeldwork staff. Following each survey, t h e work avoidance zones will be digitally buffered so the ﬁeldwork staff using the application will be able to see the work avoidance zones and avoid them in the ﬁeld.

At the end of the ﬁnal nesting bird survey effort a digital map will be prepared to document the location and number of active LBV territories on site.

Assumptions
• Each survey pass will require two (2) biologists one day. Six (6) twelve-hour ﬁeld days of ﬁeldwork are included.
• The nesting bird results will be valid for three days following each survey pass. • Nesting bird locations and work avoidance zone data will be taken electronically via ESRI Field Maps Application. Data will be viewable by ﬁeld teams on the application.

ICF biologists will conduct biological monitoring d uring the aquatic resource delineation, invasive species mapping, and CRAM ﬁeldwork efforts.

Assumptions
• Up to four (4) 12-hour ﬁeld days of biological monitoring for one staff are included, one for each ﬁeld effort and one (1) contingency day.

3.0 Meetings & Project Administration: This item will be billed on a time and materials b asis per the attached standard hourly rates and includes att endance at meetings, phone calls, conference calls and processing of plans through the governing agency for review and approval. An estimated budget is included for budget purposes. If an addi tional budget is required then a separate scope and fee will be provided to the CLIENT for review and approval.

A
7-4 354
Addendum – Pine Avenue Extension Project
HZ Project No. R101413.01.08
May 3, 2024

5 II. DELIVERABLES:

1.0 Traffic Report Update and Memorandum

2.0 Draft digital map of location and number of active LBV territories Draft and Final Memorandum providing a summary of n esting bird survey results and biological monitoring for the ﬁeldwork, to include dates of all ﬁeld work and a list of all wildlife observed during surveys onsite. Memorandum to include a Final 2024 LBV territory map for the 30-acre site.

All digital data ﬁles associated with the map will be provided.

3.0 As necessary/Extent of work performed

III. BUDGET:

The services to be provided for this Project include one type of work. It will be billed monthly on a Time and Materials (T&M) basis. The hourly rates are subject to an annual rate change; however, rates will not increase more than 10% in any one year without the written approval of the Client.

1.0 Traffic Report Update and Memorandum $ 74,300 ( T&M)

2.0 Smith Property Field Support: Nesting and Biological Monitoring $ 26,890 (T&M)

3.0 Meetings & Project Administration $ 10,000 (T&M ) Total for All Above Services: ........................................... $111,190

Reimbursable Expenses
Reimbursable expenses would be covered under the existing budget. Expenses shall be compensated based upon the attached Hourly Rate Sheet. If additional budget is required a separate scope and fee will b e submitted to the CLIENT for review and approval.

IV. EXCLUDED SERVICES:

Excluded Scope Items include, but are not limited to the following:

1. Third party fees, if any

2. Agency fees (to be paid for by CLIENT)

3. Caltrans (California department of Transportation) plan preparation or processing

4. Utility plan preparation and processing

5. Water plan preparation and processing

6. Sewer plan preparation and processing

7. Any other work tasks not specifically identified in the Scope of Services above A
7-5 355
Addendum – Pine Avenue Extension Project
HZ Project No. R101413.01.08
May 3, 2024

6 V. ASSUMPTIONS:

1. Access to the Study Area(s) will be provided by SRMA and property owner/s to be defined for all field work and/or site visits; we will provide information regarding areas that need to be accessed but actual coordination and obtaining access will be performed by the City.

2. One round of concurrent consolidated review and com ment on the draft documents by the agencies is assumed for those deliverables that require submittal to agencies.

3. All submittals will be in electronic (pdf) format. No hard copies are assumed or included.

4. GIS and/or AutoCAD data will be provided by SRMA (e .g., parcel boundaries) for the Study Areas.

5. Coordination or implementation of any measures or commitments including the permits is not included.

6. We will not be responsible if sufficient mitigation cannot be identified or secured for the project.

7. Any and all fees associated with any project related activities, permits, approvals, etc. shall be paid directly by the City to the agency involved.

8. Any data, information, studies/reports, and/or analyses required for completion of the scope of work that is required outside of what is specifical ly stated in this scope of work shall be provided by the City.

9. Securing, purchase, and all other property acquisition related activities will be the responsibility of the City.

VI. AUTHORIZATION:

Our services will be provided subject to our Standard Terms and Conditions as stated in our original contract dated March 15, 2011. By signing the enclosed copy of this letter and returning it to our office, you acknowledge your acceptance of this change in scope of work under the current contract, which constitutes a contract for professional services.

Sincerely,
HUITT-ZOLLARS, INC.

Miguel Angel Hernandez, P.E., QSD/P
Vice President/Principal

A
7-6 356

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: JULY 16, 2024

TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, PE, DIRECTOR OF PUBLIC WORKS

SUBJECT
..titl e
Award of Contract – W.A. Rasic Construction Company, Inc., On-Call Water Distribution System Repairs and Wastewater System Repair Services.
..end

RECOMMENDATION
Approve a contract to W.A. Rasic Construction Company, Inc., Long Beach, CA, for $380,000 for annual On-Call Water Distribution System Repairs and Wastewater System Repair Services; and authorize the City Manager to execute the necessary documents on behalf of the City.

..body

FISCAL IMPACT
Sufficient funds are budgeted in the Fiscal Year 2024-2025 Water Services as follows:

Program Amount Description
Water Services (5207300) $260,000 Water Distribution System Repairs Sewer Sanitary (5307320) $120,000 Wastewater System Repairs Total $380,000 W.A. Rasic Construction Company, Inc. Contract

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
 Superior Customer Service
 Responsible Long-Range Planning

Revenue: Click or tap here to enter text.

Expenditure: 5207300-43585, 5307320-43580
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 357
CITY COUNCIL MEETING DATE: JULY 16, 2024
TITLE: AWARD OF CONTRACT - W.A. RASIC CONSTRUCTION COMPANY, INC., ON -CALL

WATER DISTRIBUTION SYSTEM REPAIRS AND WASTEWATER SYSTEM REPAIR SERVICES.

PAGE: 2

BACKGROUND
The City of Chino's Public Works Department is committed to maintaining and operating the city's vital infrastructure, ensuring the reliable delivery of essential services to its residents and community. The Public Works D epartment oversees both the Water Division and the Wastewater Collections Division, managing an extensive network of pipelines and service connections to provide safe and reliable water and sanitary sewer services.

Water Division
The Water Division is responsible for the maintenance and op eration of the City’s water distribution system, which includes 350 miles of pipelines of various sizes an d approximately 23,400 potable water connections ensuring the distribution of potable water within the City of Chino’s water service area. As part of the maintenance, City staff repairs and responds to an average of 130 water leaks annually. While the majority of maintenance and repairs are performed by City staff, the division occasionally relies on qualified contractors to assist with high volumes of repairs. This collaboration ensures that our water distribution system remains safe and reliable, maintaining the quality and quantity of water provided to our customers.

Wastewater Collections Division
The Wastewater Collections Division is responsible fo r maintaining and operating the City’s sewer infrastructure. The sewer system encompasses approximately 228 miles of pipelines of various sizes, a pproximately 23,400 sewer lateral connections, and two sewer lift stations.

Continuous operation and maintenan ce of these assets are crucial for ensuring the effective flow of sewage throughout the City. Annually, City staff perform spot repairs on sewer mains and laterals, hydro -jet approximately fifteen miles of sewer mains, and conduct camera inspections to detect potential problems early.

Similar to the Water Division, staff in this division handle most of the necessary maintenance and repairs safely and promptly, but also rely on qualified contractors to assist during peak periods of repair needs. The collaboration with contractors is essential for maintaining a properly functioning sewer system and preventing critical issues or overflows.

Both divisions rely on the expertise of qualified contractors to supplement City in -house capabilities at times for large scale repairs beyond City’s staff resources. This ensures all maintenance and operations are conducted timely to restore services quickly. This is consistent with the City of Chino’s mission statement to provide superior customer service.

ISSUES/ANALYSIS
On May 9, 2024, the City solicited an Invitation for Bids (IFB) on Planet Bids for On -Call Water Distribution System Repairs and Wastewater System Repair Services.

Note: The invitation for bids included bid items for all types of services and repairs that could be possible in our water and sewer systems, thus the bids amounts are unusually exorbitant. This allows the City to competitively bid and lock in the best u nit price for any/all repair needs.

However, in any given year, we do not exhaust all list of services in the bid schedule. Staff analyzed typical annual expenditures for such services and now recommending a reasonable average expected costs to the Council for contract award.

358
CITY COUNCIL MEETING DATE: JULY 16, 2024
TITLE: AWARD OF CONTRACT - W.A. RASIC CONSTRUCTION COMPANY, INC., ON -CALL

WATER DISTRIBUTION SYSTEM REPAIRS AND WASTEWATER SYSTEM REPAIR SERVICES.

PAGE: 3

On May 30, 2024, the City received (6) six proposals:

ON-CALL SERVICES FOR WATER DISTRIBUTION SYSTEM REPAIRS

Contractor

Bid Schedule I –
Labor & Equipment

Bid Schedule II –
Materials

Subtotal
Amount

1. W.A. Rasic
Construction Company,
Inc.,
$280,830 $451,904 $732,734

2. Kirtley Construction,
Inc.
$353,050 $967,000 $1,320,050

3. Big Ben Inc. $434,800 $1,492,088 $1,926,888

4. Ferreira Construction
Co.
$391,795 $1,287,530 $1,679,325

5. J.R. Filanc
Construction
$423,175.84 $1,149,432 $1,572,607.84

6. T.E. Roberts, Inc. $358,331 $2,644,087 $3,002,418
*Note: These bid amounts represent a menu of all possible repair work. The City will not utilize all of the bid items of services. However, this competitive bid process fixed the unit prices for all possible work if the needs arise.

ON-CALL SERVICES FOR WASTEWATER SYSTEM REPAIRS

Contractor

Bid Schedule I –
Labor & Equipment

Bid Schedule II –
Materials

Subtotal
Amount

1. W.A. Rasic Construction
Company, Inc.,
$311,630 $17,299 $328,929

2. Kirtley Construction, Inc. $433,450 $556,300 $989,750

3. Big Ben Inc. $532,400 $288,228 $820,628

4. Ferreira Construction Co. $487,425 $757,500 $1,244,925

5. J.R. Filanc Construction $555,443.84 $1,157,353.80 $1,712,797.64

6. T.E. Roberts, Inc. $433,431 $188,515 $621,946
*Note: These bid amounts represent a menu of all possible repair work. The City will not utilize all of the bid items of services. However, this competitive bid process fixed the unit prices for all possible work if the needs arise.

OVERALL TOTAL BID RESULTS

Contractor
Water Distribution
System Repairs
Subtotal
Wastewater
System Repairs
Subtotal

Total
Bid Amount
359
CITY COUNCIL MEETING DATE: JULY 16, 2024
TITLE: AWARD OF CONTRACT - W.A. RASIC CONSTRUCTION COMPANY, INC., ON -CALL

WATER DISTRIBUTION SYSTEM REPAIRS AND WASTEWATER SYSTEM REPAIR SERVICES.

PAGE: 4

1. W.A. Rasic Construction
Company, Inc.,
$732,734 $328,929 $1,061,663

2. Kirtley Construction, Inc. $1,320,050 $989,750 $2,309,800

3. Big Ben Inc. $1,926,888 $820,628 $2,747,516

4. Ferreira Construction Co. $1,679,325 $1,244,925 $2,924,250

5. J.R. Filanc Construction $1,572,607.84 $1,712,797.64 $3,285,405.48

6. T.E. Roberts, Inc. $3,002,418 $621,946 $3,624,364
*Note: These bid amounts represent a menu of all possible repair work. The City will not utilize all of the bid items of services. However, this competitive bid process fixed the unit prices for all possible work if the needs arise.

On average in the last five years, water system and sewer system contract work were approximately $260,000 and $120,000 respectively. Therefore, City staff recommends that the City Council approve a contract to W.A. Rasic Company, Inc., Long Beach, CA, for $260,000 for On-Call Water Distribution System Repair Services and $1 20,000 for Wastewater System Repair Services for a total contract amount of $380,000.

Attachment: Agreement - W.A. Rasic Construction Company, Inc.

360

Contract No.:

Approved:

AGREEMENT

ON-CALL SERVICES FOR WATER DISTRIBUTION SYSTEM REPAIRS AND WASTEWATER

SYSTEM REPAIRS
Public Works Department Services Division
THIS AGREEMENT is made and entered into this 16TH day of July, 2024 by and between THE CITY OF CHINO, a municipal corporation, hereinafter called “City”, and W.A. Rasic Construction Company, Inc., hereinafter called “Contractor”.

WITNESSETH, that the parties hereto mutually agree as follows:

ARTICLE I: For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by City, Contractor agrees to perform and complete all of the work for the project entitled “ON-CALL SERVICES FOR WATER DISTRIBUTION SYSTEM REPAIRS AND WASTEWATER SYSTEM REPAIRS” in a good and workmanlike manner in accordance with all plans and specifications therefor, to furnish at Contractor’s sole cost and expense all tools, equipment, labor, and materials necessary therefor, except such materials and equipment as are expressly stipulated to be furnished by City, and to do everything required by the Contract Documents.

A R T I C L E I I: Contractor shall be responsible for furnishing all labor, materials, equipment, tools, and services, furnishing and removing all plants, temporary structures, tools, and equipment, and doing everything required by this Agreement and by the Contract Documents. Contractor shall also be responsible for all losses and damages arising out of the performance of the Work, from the action of the elements, or from any unforeseen difficulties that may arise during the prosecution of the Work until its acceptance by City; for all risks of every description associated with the Work; and for all expenses resulting from the suspension or discontinuance of the Work. City shall pay Contractor, and Contractor shall receive, for completing the Work in accordance with the requirements of the Contract Documents and in full compensation therefor, the price named in the Bid Proposal. Subject to any additions or deductions that may be made by change order or amendment, and any penalties or damages that may be assessed against Contractor, Contractor shall receive a total contract amount of Three Hu ndred Eighty Thousand Dollars and Zero Cents ($380,000.00) for completion of the contract work.

ARTICLE III: The City hereby employs said Contractor to perform the work according to the terms of this Agreement for the above-mentioned price(s), and agrees to pay the same at the time, in the manner, and upon the conditions stipulated in the Contract Documents; and the said parties for themselves, their heirs, executors, administrators, successors and assignees, do hereby agree to the full performance of the covenants herein contained.

ARTICLE IV: Contractor shall begin work within fifteen (15) working days a f te r re ce i vi n g a N o ti ce to Proceed from the City and the work shall be completed within the agreed time frame between Contractor and City. If each move-in is not completed within the said time period, liquidated damages shall apply. This Agreement shall expire on June 30, 2025, unless the City exercises its option to renew for two (2) additional one (1) year terms.

ARTICLE V: The Notice Inviting Bids, the Summary of Work, the Instructions to Bidders, the Bid Documents, the Required Post-Bid Documents, the General Provisions, the Special Provisions, the Technical Specifications, and all other drawing, plans, or specifications for the Work (collectively, “Contract Documents”) are hereby incorporated into and made part of this Agreement.

ARTICLE VI: Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless 07/16/2024
361

City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

ARTICLE VII: No officer or employee of the City shall have any financial interest in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his financial interest or the financial interest of any corporation, partnership or association in which he is interested, in violation of any State statute or regulation. Similarly, Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

ARTICLE VIII: This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of San Bernardino, State of California.

ARTICLE IX: Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitut e a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

ARTICLE X: No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

ARTICLE XI: The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

ARTICLE XII: In the course of its work under this Agreement, the Contractor, its agents, and employees shall be bound by and comply with all applicable federal, state and local laws and requirements.

ARTICLE XIII: The persons executing this Agreement on behalf of the parties hereto warrant that (i) such 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 this Agreement does not violate any provision of any other 362

Agreement to which said party is bound.

IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed on the day and year first above written.

Approved as to Form: Approved as to Content:

City Attorney

Hye Jin Lee, P. E.

Director of Public Works Department

W.A. Rasic Construction Company, Inc.:

Dated: By:
(Signature)
N a m e :
(Please Type or Print Name)
Title:

(Please Type or Print Title)

CITY OF CHINO

Dated:

Dr. Linda Reich, City Manager
ATTEST:

Natalie Gonzaga, City Clerk

Date

363

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: JULY 16, 2024

TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, PE, DIRECTOR OF PUBLIC WORKS

SUBJECT
..titl e
Landscape and Streetlight Maintenance District Assessment for Fiscal Year 2024-2025. ..end

RECOMMENDATION
..recommendation
1) Conduct the Public Hearing; 2) adopt Resolution No. 2024-035; and 3) direct the City Clerk to file a certified copy of the diagram and assessments with the County Auditor/Controller Recorder.

..body

FISCAL IMPACT
By approving Resolution No. 2024 -035, the City will receive an estimated $18,540.21 in additional revenue to offset ongoing expenditures.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
 Positive City Image
 Superior Customer Service
 Responsible Long-Range Planning

Revenue: 36172601, 36172602, 36172603, 36172604,
36172606, 36172607

Expenditure: 3607260, 36172601, 36172602,
36172603, 36172604, 36172606, 36172607
Transfer In: Transfer Out:
364
CITY COUNCIL MEETING DATE: JULY 16, 2024
TITLE: LANDSCAPE AND STREETLIGHT MAINTENANCE DISTRICT ASSESSMENT FOR FISCAL YEAR 2024-2025.

PAGE: 2

BACKGROUND
Over the years, pursuant to the Landscaping and Lighting Act of 1972 of the California Streets and Highways Code, the City formed six Landscape and Streetlight Maintenance Assessment Districts. This procedure authorized the City to recover costs that are incurred in providing landscaping and street lighting maintenance services through a special benefit assessment district procedure.

At the July 2, 2024, City Council meeting, three (3) resolutions were adopted that approved the Engineer’s Report; declared the City’s intention to order improvements; and scheduled a Public Hearing for July 16, 2024.

In past years, the City Council has approved a subsidy to the districts for landscape and lighting maintenance costs. As the costs associated with insurance, maintenance, water, and electricity increase, the subsidy has also increased. Staff has reviewed the Fiscal Year 2022-23, 2023-24, and the new Fiscal Year 2024 -25 information for expense, revenue, and subsidies from the Engineer’s Reports provided by Webb Associates. The information is provided as follows:

FY22-23 FY23-24 FY24-25
Total Maintenance Cost $1,131,634.28 $1,195,873.80 $1,288,329.96 Total Revenues Collected $654,474.26 $673,432.71 $691,972.92 City's Subsidy *(1) $477,160.02 $522,441.10 $596,357.03 Required City 50% Contribution
(General Benefit/Perimeter Areas)
$451,863.32 $507,189.88 $516,274.29
Total City Cost $929,023.34 $1,029,630.98 $1,112,631.32 Note*(1) The City subsidy contribution funds streetlight, tree, and landscape maintenance, water and electricity costs within the Maintenance Districts.

A Proposition 2 18 mail ballot election, with majority support, would be required for any rate increase to the property owners in the districts above their current maximum assessment.

Certain zones in Exhibit 1 had a 5% or less increase to their assessment for Fiscal Year 2024- 25 since they were not at their maximum assessment. This increase does not trigger a proposition election and will adjust each year until it reaches the maximum rate.

During Fiscal Year 2024 -25, staff will continue to monitor expenditures and reven ues by Districts and Zones to better track the subsidy.

ISSUES/ANALYSIS
Exhibit 1 enumerates the actual Fiscal Year 2023-24 assessments for the 75-1, 75-2, 76-1, 76-2 and 83-2 assessment districts and staff’s recommended assessments for Fiscal Year 2024-25, holding the per-zone assessments not to exceed their Fiscal Year 2023 -24 amounts (except in those areas that the rate was below the maximum assessment).

Exhibit 2 enumerates the actual Fiscal Year 2023 -24 assessments for the 2002 -1 assessment district and staff’s recommended assessments for Fiscal Year 2024 -25 which includes a 2.88 % 365
CITY COUNCIL MEETING DATE: JULY 16, 2024
TITLE: LANDSCAPE AND STREETLIGHT MAINTENANCE DISTRICT ASSESSMENT FOR FISCAL YEAR 2024-2025.

PAGE: 3

CPI rate increase (calculated by identifying the percentage difference between the January 2023 and January 2024 CPI Monthly Index).

The total maintenance cost for Fiscal Year 2023-24 is estimated to be $92,456.16 more than the previous fiscal year. However, the total revenue collected for Fiscal Year 2023 -24 is estimated to be $18,540.21 more than the previous fiscal year. This is due to a rate increase for some districts that are not at their maximum assessment rate and District 2002 -1 which has an escalator receiving a CPI increase. As a result, the City’s subsidy also increases to offset the total maintenance costs and the total revenues collected.

It should be noted that the City contributes 50% of the perimeter cost for the common landscape and lighting areas. This cost is the City’s responsibility regardless of the revenue received.

A Public Hearing is required in order to levy the annual assessments. Pursuant to Section 22629 of the California Streets and Highways Code, all interested persons shall be afforded the opportunity to hear and be heard, and upon the conclusion of the Public Hearing, Council may order changes in any of the matters provided in the report.

Attachments: Resolution 2024-035
Exhibit 1 - Proposed Rates for LSMD's 75-1, 75-2, 76-1, 76-2, 83-2 Exhibit 2 - Proposed Rates for LSMD 2002-1
FY 24-25 Engineer’s Report for LSMD’s 75-1, 75-2, 76-1, 76-2, 83-2 FY 24-25 Engineer’s Report for LSMD 2002-1
FY 24-25 CPI
Chino LSMD 83-2 Map FY24-25
Chino LSMD 2002-1 Map FY24-25

366
RESOLUTION NO. 2024-035

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA, LEVYING ASSESSMENTS FOR FISCAL YEAR 20 24-25 FOR ASSESSMENT DISTRICT S 75-1, 75 -2, 76 -1, 76 -2, 83 -2, AND 2002 -1, PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972

WHEREAS, pursuant to Chapter 3 of the Landscaping and Lighting Act of 1972 (“Act”), the City Council directed the City Engineer, the Engineer of Work for Assessment District s 75-1, 75-2, 76-1, 76-2, 83-2, and 2002-1 (“Districts”), to prepare and file an annual report for Fiscal Year 2024- 25; and

WHEREAS, the Engineer of Work filed the annual report on Ju ly 2 nd, 2024, and the City Council adopted its resolution of intention to levy and collect assessments within the assessment districts for Fiscal Year 2024-25; and

WHEREAS, the City Council set a date for a public hearing, to be held on July 16, 2024, at 6:00 p.m., in the City Council Chambers, 13220 Central Avenue, Chino, California; and

WHEREAS, at said public hearing, the City Council afforded to every interested person an opportunity to make a protest to the annual report, either in writing or orally, and the City Council considered each protest.

NOW, THEREFORE, THE CITY COUNCIL OF THE C ITY OF CHINO DOES HEREBY RESOLVE as follows:

Section 1. The above recitals are true and correct, and by this reference are incorporated herein.

Section 2. Pursuant to prior resolutions, the City Council initiated proceedings and declared its intention to levy assessments against the assessable lots and par cels of property within the District pursuant to the provisions of the Act for the Fiscal Year commencing July 1, 2024, and ending June 30, 2025, and ordered the Engineer to prepare the Engineer’s Report in accordance with the Act (the “Engineer’s Report”) . The City Council, by prior resolution, approved such Engineer’s Report.

Section 3. Following notice duly given in accordance with the law, the City Council has held a full and fair public hearing regarding the Engineer’s Report and the levy and colle ction of the proposed assessments within the Districts for Fiscal Year 2024-25 to pay for the costs and expenses of the improvements described in the Engineer’s Report pursuant to the terms and provisions of the Act. All interested persons were afforded th e opportunity to hear and be heard regarding protests and objections to the levy and collection of the proposed assessments against lots or parcels of property within the Districts. The City Council considered all oral and written statements, protests, and communications made or filed by interested persons.

Section 4. Based upon its review of the Engineer’s Report and other reports and information, the City Council hereby finds and determines that (i) the land within the Districts will be benefited by the improvements described in the Engineer’s Report, (ii) the Districts include all of the lands so benefited, and (iii) the net amount to be assessed upon the lands within the Districts for Fiscal Year 2024-25, in accordance with the Engineer’s Report, is apportioned by a formula and method which 367
RESOLUTION NO. 2024-035
PAGE 2

fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements. Any and all oral and written protests and objections are hereby overruled by the City Council.

Section 5. The City Council declares that the diagrams and assessments in the Engineer’s Report are hereby confirmed as filed.

Section 6. The City Council hereby orders the improvements described in the Engineer’s Report to be made.

Section 7. The a ssessment is in compliance with the provisions of the Act and the City Council has complied with all laws pertaining to the levy of annual assessments pursuant to the Act.

Section 8. The assessments are levied without regard to property valuation.

Section 9. Public property owned by any public agency and in use in the performance of a public function, which is included within the boundaries of the District s, shall not be subject to assessment to be made under these proceedings to pay for any of the costs and expenses of the improvements.

Section 10. The assessments are levied for the purpose of paying the costs and expenses of the improvements described in the Engineer’s Report for Fiscal Year 2024-25.

Section 11. The improvements described in the Engineer’s Report shall be performed pursuant to law.

Section 12. The San Bernardino County Auditor -Controller shall enter on the County Assessment Roll opposite each lot or parcel of land the amount of the assessment and such assessments shall then be collected at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the assessments shall be paid to the City Treasurer.

Section 13. The City Treasurer shall deposit all moneys representing assessments collected by the County to the credit of a special fund for the respective Districts.

Section 14. The adoption of this Resolution constitutes the levy of assessments against the lots and parcels of land in the District for the Fiscal Year commencing July 1, 2024, and ending June 30, 2025.

Section 15 . The City Clerk is hereby authorized and directed to file the diagram and assessments, or a certified copy of the diagram and assessments, with the San Bernardino County Auditor-Controller, together with a certified copy of this Resolution upon its adoption.

Section 16. A certified copy of the assessments and diagram shall be filed in the Public Works Department, with a duplicate copy on file in the City Clerk’s Office, and open for public inspection.

368
RESOLUTION NO. 2024-035
PAGE 3

APPROVED AND ADOPTED THIS 16th DAY OF JULY 2024.

______________________________
EUNICE M. ULLOA, MAYOR
ATTEST:

____________________________

NATALIE GONZAGA, CITY CLERK

369
RESOLUTION NO. 2024-035
PAGE 4

State of California )
County of San Bernardino )§
City of Chino )

I, Natalie Gonzaga, City Clerk of the City of Chino, do hereby certify that the foregoing resolution was duly adopted by the City Council at a regular meeting held on the 16th day of July 2024, by the following votes:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

____________________________

NATALIE GONZAGA, CITY CLERK

370
Proposed Rates
(Election not required)
District Zone
Tract/Parcel
Map
Parcel
Count
FY 2023/24
Per Lot
ASMT
FY 2024/25
Per Lot
ASMT
75-1 8848 32 $51.27 $51.27
75-2 9013 41 $94.82 $94.82
76-1 9177 38 $133.97 $140.67
76-2 8905, 8992, 9089 114 $58.47 $58.47
83-2 A 12334 50 $29.25 $29.25
83-2 B 11586 41 $27.03 $27.03
83-2 C 12265,66,67,68,69 240 $18.49 $18.49
83-2 D 10708 43 $19.14 $19.14
83-2 1 12930 83 $58.77 $58.77
83-2 2 13190 83 $76.62 $76.62
83-2 3 12640 75 $19.00 $19.00
83-2 4 12951 21 $16.61 $17.29
83-2 5 11757 21 $16.23 $16.23
83-2 6 12536 & 7 43 $34.77 $34.77
83-2 7 13330 45 $27.10 $27.10
83-2 8 11111 19 $42.67 $42.67
83-2 9 12950 19 $42.67 $42.67
83-2 11 13056 96 $43.85 $43.85
83-2 12 12538 14 $53.22 $53.22
83-2 13 12539 31 $23.05 $23.05
83-2 14 12584 95 $45.91 $45.91
83-2 15 13194 44 $66.91 $66.91
83-2 16 12585 54 $17.40 $18.27
83-2 17 13119 34 $47.76 $47.76
83-2 18 13795 19 $48.05 $48.05
83-2 19 13054 26 $43.21 $43.21
83-2 20 Various 1227 $175.23 $175.23
83-2 22 13247 18 $20.53 $21.56
83-2 24 13429 20 $102.82 $102.82
83-2 25 11164 23 $41.68 $41.68
83-2 26 12599 1 $53.89 $53.89
83-2 27 11471 14 $16.66 $16.66
83-2 28 11862 1 $240.86 $240.86
83-2 29 8180 7 $67.30 $67.30
83-2 30 12111 8 $55.76 $55.76
83-2 31 12056 2 $111.34 $116.91
83-2 32 10396 3 $125.75 $125.75
83-2 33 10114 1 $642.15 $642.15
83-2 34 12136 4 $105.47 $105.47
83-2 36 12328 2 $136.86 $136.86
83-2 37 11535 5 $97.00 $97.00
83-2 38 12615 1 $367.91 $378.20
83-2 39 13978 65 $40.39 $40.39
83-2 41 14083 128 $67.83 $67.83
83-2 42 11670 2 $86.65 $90.98
83-2 43 12776 2 $59.36 $62.33
83-2 45 11040 6 $61.86 $64.95
83-2 46 12498 4 $294.63 $294.63
83-2 48 13754 10 $25.65 $26.93
83-2 49 558 1 $233.68 $233.68
83-2 50 12502 15 $29.71 $31.20

CITY OF CHINO

LANDSCAPE AND LIGHTING DISTRICTS

COMPARISON OF ANNUAL ASSESSMENT RATES
EXHIBIT 1
371
Proposed Rates
(Election not required)
District Zone
Tract/Parcel
Map
Parcel
Count
FY 2023/24
Per Lot
ASMT
FY 2024/25
Per Lot
ASMT
83-2 51 9491 3 $49.48 $51.96
83-2 52 11589 3 $125.75 $125.75
83-2 53 13219 21 $21.10 $21.21
83-2 54 14317 15 $25.69 $26.97
83-2 55 685 1 $74.23 $77.94
83-2 57 11728 15 $49.95 $52.45
83-2 59 12032-1 7 $47.25 $47.25
83-2 61 13314 3 $153.29 $153.29
83-2 62 11807 3 $95.56 $100.34
83-2 63 607 1 $202.70 $212.83
83-2 64 613 4 $346.63 $363.96
83-2 65 627 1 $93.35 $98.01
83-2 67 14236-1 6 $108.80 $114.24
83-2 69 14373 8 $146.98 $154.33
83-2 70 13416 12 $12.93 $13.58
83-2 74 13697 49 $271.72 $285.31
83-2 76 669 1 $200.95 $200.95
83-2 78 13684 2 $62.87 $62.87
83-2 79 14017 16 $12.56 $12.56
83-2 80 10494/13280 34 $420.30 $420.30
83-2 82 12715 38 $97.78 $102.66
83-2 86 204R 2 $123.63 $123.63
83-2 87 13846 2 $314.26 $314.26
83-2 88 12032 & 2 8 $18.29 $18.29
83-2 89 684 1 $258.17 $258.17
83-2 90 11804 3 $165.68 $165.68
83-2 91 14836 1 $206.85 $206.85
83-2 93 739 5 $61.85 $61.85
83-2 94 14889 2 $34.54 $34.54
83-2 95 96-4 8 $64.11 $67.31
83-2 96 14896 3 $108.73 $108.73
83-2 97 728 2 $105.71 $105.71
83-2 98 15687, 1 & 2 83 $76.27 $76.27
83-2 99 14980 2 $98.73 $103.91
83-2 100 15071 6 $129.97 $129.97
83-2 101 731 1 $61.96 $61.96
83-2 102 15687 & 3 88 $117.37 $123.24
83-2 103 15787 14 $332.60 $332.60
83-2 104 96-12 1 $148.11 $154.72
83-2 105 14882 5 $30.94 $30.94
83-2 106 15180 1 $82.17 $82.17
83-2 107 97-12 1 $97.29 $102.16
83-2 108 14990 3 $2,430.12 $2,430.12
83-2 109 14963 6 $238.62 $238.62
83-2 110 15241 4 $12.74 $13.37
83-2 111 15199 3 $143.28 $143.28
83-2 112 15919-1 61 $199.82 $199.82
83-2 113 15919 61 $229.24 $229.24
83-2 114 14387 64 $304.11 $304.11
83-2 115 15904 38 $113.60 $113.60
83-2 117 15274 24 $78.11 $82.01
83-2 118 99-04 1 $152.62 $154.72
83-2 119 15324 10 $7.35 $7.72
83-2 120 694 2 $116.31 $122.12
83-2 121 98-26 1 $225.30 $236.57
EXHIBIT 1
372
Proposed Rates
(Election not required)
District Zone
Tract/Parcel
Map
Parcel
Count
FY 2023/24
Per Lot
ASMT
FY 2024/25
Per Lot
ASMT
83-2 122 15305 5 $269.40 $282.87
83-2 123 15285 1 $58.19 $61.09
83-2 124 99-03 2 $34.64 $36.37
83-2 125 98-14 3 $42.33 $44.45
83-2 126 15441 3 $73.51 $75.49
83-2 127 14905 12 $28.64 $29.10
83-2 128 16056 147 $34.99 $34.99
83-2 129 15381 15 $25.79 $25.79
83-2 130 15983 65 $413.74 $413.74
83-2 131 14812 19 $33.58 $35.26
83-2 132 15585 3 $335.65 $341.02
83-2 133 15500 3 $32.43 $34.05
TOTAL PROPOSED ASSESSMENT FOR FISCAL YEAR 24-25: $462,532.09 EXHIBIT 1
373
Proposed Rates
(Election not required)
District Zone
Tract/Parcel
Map
Parcel
Count
FY 2023/24
Per Lot
ASMT
FY 2024/25
Per Lot
ASMT
2002-1 1 16140 82 $87.90 $90.43
2002-1 2 15238-1 6 $602.01 $619.34
2002-1 3 16246 121 $114.22 $117.51
2002-1 4 16154 19 $244.48 $251.51
2002-1 5 15681 15 $15.06 $15.50
2002-1 6 16196 19 $124.15 $127.73
2002-1 7 16336 19 $37.29 $38.37
2002-1 8 15845 4 $752.27 $773.92
2002-1 9 16017 23 $816.04 $839.52
2002-1 10 15808 11 $86.85 $89.35
2002-1 11 2002-08 2 $1,035.66 $1,065.47
2002-1 12 16245 1&2 238 $288.61 $296.92
2002-1 13 15957 17 $39.46 $40.59
2002-1 14 15759 6 $52.15 $53.65
2002-1 15 16143 8 $126.15 $129.78
2002-1 16 16343 11 $127.27 $130.93
2002-1 17 16354 18 $652.56 $671.34
2002-1 18 16248 308 $42.79 $44.02
2002-1 19 16157 1 $2,805.78 $2,886.54
2002-1 20 15980 14 $34.13 $35.11
2002-1 21 16212 2 $175.07 $180.11
2002-1 22 16030 15 $58.61 $60.30
2002-1 23 16069 19 $22.00 $22.63
2002-1 24 16366 14 $66.39 $68.31
2002-1 26 SA 2003-01 1 $54.38 $55.94
2002-1 27 16436 17 $213.19 $219.32
2002-1 28 16233 9 $99.06 $101.91
2002-1 29 16451 22 $94.33 $97.05

CITY OF CHINO

LANDSCAPE AND LIGHTING DISTRICTS

COMPARISON OF ANNUAL ASSESSMENT RATES

ASSESSMENT DISTRICT
EXHIBIT 2
374
Proposed Rates
(Election not required)
District Zone
Tract/Parcel
Map
Parcel
Count
FY 2023/24
Per Lot
ASMT
FY 2024/25
Per Lot
ASMT
2002-1 30 16122 4 $167.44 $172.26
2002-1 31 16364 10 $59.71 $61.43
2002-1 32 16381 17 $123.62 $127.18
2002-1 33 SA 2003-12 1 $600.05 $617.32
2002-1 34 SA 2002-23 1 $1,664.49 $1,712.40
2002-1 35 15959 3 N/A $506.37
2002-1 37 16383 11 $155.06 $159.53
2002-1 38 16547 10 $52.91 $54.43
2002-1 39 SA 2003-10 3 $708.74 $729.14
2002-1 40 16931 11 $116.17 $119.51
2002-1 41 SA 2005-10 1 $781.33 $803.82
2002-1 42 16974 42 $22.98 $23.65
2002-1 43 16956 7 $158.95 $163.52
2002-1 44 17249 31 $34.35 $35.33
2002-1 45 16381-1 16 $182.23 $187.47
2002-1 47 16783 12 N/A $32.20
2002-1 48 17469 8 $166.21 $170.99
2002-1 49 17476 4 $97.14 $99.94
2002-1 50 17819 8 $154.87 $159.33
2002-1 51 17798 17 $14.27 $14.68
2002-1 52 SA 2006-10 2 $447.22 $460.09
2002-1 53 SA 2004-22 1 $347.09 $357.08
2002-1 54 AA 2004-40 1 $313.55 $322.57
2002-1 55 SA 2005-36 1 $810.15 $833.47
2002-1 56 17592 11 $222.85 $229.27
2002-1 58 PL 10-0544 1 N/A $537.68
2002-1 59 PL 08-0160 2 $370.87 $381.55
2002-1 60 SA 2007-10 1 $408.67 $420.43
2002-1 61 SA 2001-16 1 $2,811.71 $2,892.64
2002-1 62 19419 3 $719.16 $739.86
2002-1 63 18880 39 $13.87 $14.27
EXHIBIT 2
375
Proposed Rates
(Election not required)
District Zone
Tract/Parcel
Map
Parcel
Count
FY 2023/24
Per Lot
ASMT
FY 2024/25
Per Lot
ASMT
2002-1 65 19323 3 $266.08 $273.73
2002-1 66 18957 84 $59.93 $61.66
2002-1 67 18971-1 53 $69.88 $71.89
2002-1 68 18901 94 N/A $13.31
2002-1 69 18956 59 $15.44 $15.89
2002-2 71 19978 23 $14.65 $15.08
2002-3 72 PL 15-1270 1 N/A $322.47
2002-4 75 18972 147 N/A $12.97
2002-5 77 18923 122 N/A $15.52
2002-6 78 PL 17-0118 1 N/A $614.78
2002-7 79 SA 17-0059 1 $335.54 $345.19
2002-8 80 18924 94 $20.96 $21.56
2002-9 82 SA 16-0671 1 N/A $760.36
2002-10 83 PL 16-0772 1 N/A $829.94
2002-11 84 PL 13-0629 1 $202.53 $208.35
2002-12 85 20058 2 N/A $155.21
TOTAL PROPOSED ASSESSMENT FOR FISCAL YEAR 24-25: $229,440.83 EXHIBIT 2
376
Bureau of Labor Statistics
Series Id:

Series Title:

Area:

Item:

Base Period:

Years:

Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov
2017
2018 100.916 101.897 102.929 103.139 103.241 103.616
2019 103.991 104.749 105.959 105.816 106.412 106.573
2020 107.143 107.162 106.899 107.640 108.201 108.626
2021 109.550 110.981 113.222 114.682 115.557 117.206
2022 118.963 122.127 123.893 125.262 125.272 125.983
2023 127.683 127.707 128.768 129.525 131.372 131.372
2024 131.358
Jan. CPI 2.88%
Consumer Price Index for All Urban Consumers (CPI-U)
Original Data Value
CUURS49CSA0,CUUSS49CSA0
Not Seasonally Adjusted
All items in Riverside-San Bernardino-Ontario, CA, all
b t ll dj t dRiverside-San Bernardino-Ontario, CA
All items
DECEMBER 2017=100
2017 to 2024
Source: Bureau of Labor Statistics Generated on: April 9, 2024 (02:58:39 PM)377 Bureau of Labor Statistics
Dec Annual HALF1 HALF2
100.000
102.732 102.023 103.441
105.697 104.998 106.397
107.672 107.068 108.275
113.875 111.588 116.162
123.784 122.018 125.551
129.545 128.130 130.961
Source: Bureau of Labor Statistics Generated on: April 9, 2024 (02:58:39 PM)378 Engineer’s Report
Fiscal Year 2024-2025
City of Chino
Landscape and Street Light Maintenance
District No. 2002-1
Prepared For
July 2024
379
Table of Contents

Sections
Section i. Engineer’s Statement _________________________________________________ i Section 1. Plans and Specifications ______________________________________________ 1 Section 2. Method of Assessment Apportionment _________________________________ 3 Section 3. Cost Estimate ______________________________________________________ 8 Section 4. Assessment Roll ___________________________________________________ 22

Tables
Table 2-1. Fiscal Year 2024-2025 Proposed Assessments _____________________________ 6 Table 3-1. Fiscal Year 2024-2025 Cost Estimate ____________________________________ 9

Appendices
Appendix A. Fiscal Year 2024-2025 Assessment Roll ________________________________ A-1

380
i. Engineer’s Statement

City of Chino Landscape and Street Lighting District 2002-1 Engineer’s Report for Fiscal Year 2024-2025 i

AGENCY: CITY OF CHINO
PROJECT: LANDSCAPE AND STREET LIGHT MAINTENANCE DISTRICT NO. 2002-1 TO: CITY COUNCIL

CITY OF CHINO

STATE OF CALIFORNIA

Report Pursuant to "Landscaping and Lighting Act of 1972" Pursuant to direction from the City Council (the “City Council”) of the City of Chino (the “City”), State of California, submitted herewith is the Engineer’s Report for Landscape and Street Light Maintenance District No. 2002-1 (the “Report”), consisting o f the following parts, pursuant to the provisions of Division 15, Part 2 of the Streets and Highways Code of the State of California, being the "Landscaping and Lighting Act of 1972" (the “Act”), as amended, commencing with Section 22500 , Article XIII D , and which is in accordance with Resolution No. 2023 - 035 adopted by the City of Chino City Council, San Bernardino County, California ordering the preparation of the Report for Landscape and Street Light Maintenance District No. 2002 -1 (the “District”). This Report is applicable for the ensuing 12-month period, being the Fiscal Year commencing July 1, 2024, to June 30, 2025.

S
ECTION 1 PLANS AND SPECIFICATIONS of the improvements to be maintained and/or improved for the Fiscal Year. The plans and specifications show and describe the existing improvements and are sufficient in showing and describing the general nature, location, and extent of the improvements.

SECTION 2 The METHOD OF ASSESSMENT APPORTIONMENT calculates the receipt of special benefit and the general benefit derived from the installation and maintenance and servicing of the respective improvements located throughout the District, and the methodology used to apportion the total assessment to the properties within the District.

SECTION 3 A COST ESTIMATE of the improvements to be maintained and/or improved for the mentioned Fiscal Year.

SECTION 4 An ASSESSMENT ROLL showing the proportionate amount of the assessment to be charged in proportion to the benefits to be received by each lot or parcel within the boundaries as shown on the Diagram.

381
i. Engineer’s Statement

City of Chino Landscape and Street Lighting District 2002-1 Engineer’s Report for Fiscal Year 2024-2025 ii

WHEREAS, on July 2, 2024, the City Council under the Act adopted its Resolution Initiating Proceedings for the Annual Levy of Assessments and Ordering the Preparation of an Engineer’s Report for the District;

WHEREAS, the Resolution of Initiation directed Webb Municipal Finance, LLC to prepare and file a report presenting plans and specifications describing the general nature, location, and extent of improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the District for the referenced Fiscal Year, a diagram for the District showing the area and properties to be assessed, and an assessment of the estimated costs of the maintenance, operations and ser vicing of the improvements, assessing the net amount upon all assessable lots and -or parcels within the District in proportion to the special benefit received;

NOW THEREFORE, the assessments are made to cover the portion of the estimated costs of maintenance, operation, and servicing of said improvements to be paid by the assessable real property within the District in proportion to the special benefit received.

382
i. Engineer’s Statement

City of Chino Landscape and Street Lighting District 2002-1 Engineer’s Report for Fiscal Year 2024-2025 iii

I, Matthew E. Webb, a Professional Civil Engineer (employed at Albert A. Webb Associates and retained through an agreement between Webb Municipal Finance, LLC, and my employer) do hereby assess and apportion the total amount of the costs and expenses upon the parcels of land within said District liable therefore and benefited thereby, in proportion to the estimated benefits that each parcel receives, respectively, from said maintenance, works of improvement, and appurtenances. Please note that Albert A. Web b Associates provides engineering advice and related consulting services . Albert A. Webb Associates is not a registered municipal advisor and does not participate in municipal advisory activities, and nothing in this Engineer’s Report is, or should be interpreted to be, municipal advisory services or advice.

Executed this day of 2024.

ALBERT A. WEBB ASSOCIATES
MATTHEW E. WEBB
PROFESSIONAL CIVIL ENGINEER NO. 37385

ENGINEER OF WORK

ON BEHALF OF THE CITY OF CHINO

STATE OF CALIFORNIA

Final approval, confirmation and levy of the annual assessment and all matters in the Engineer's Report were made on the day of 2024, by adoption of Resolution No. By City Council.

CITY CLERK

CITY OF CHINO

STATE OF CALIFORNIA

A copy of the Assessment Roll and Engineer's Report were filed in the City Clerk’s Office on the day of , 2024.

CITY CLERK

CITY OF CHINO

STATE OF CALIFORNIA

383

1. Plans and Specifications

City of Chino Landscape and Street Lighting District 2002-1 Engineer’s Report for Fiscal Year 2024-2025 1

Landscaping and Lighting Act of 1972: Improvements
The law allows the District, by direct benefit assessments, to provide funding for the installation, maintenance, operation, and administration of the following improvements:
• the installation, construction, repair, renovation, or replacement of public lighting facilities, including, but not limited to, traffic signals and streetlights;
• the installation or planting of landscaping in common landscape areas; • the trimming of trees in common landscape areas;
• the installation or construction of statuary, fountains or other ornamental structures and facilities; • the installation of park or recreational improvements; • the maintenance and/or servicing of the above;
• the acquisition of land for park, recreational or open space purposes; • the installation or construction of facilities appurtenant to the above or which are necessary or convenient for the maintenance and servicing; and
• Incidental expenses related to the District.

The Landscape and Lighting Act of 1972, Section 22573, provides that assessments be apportioned with reference to special benefit rather than according to assessed value. The section states:
“The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to estimated benefits to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 {commencing with Section 5000}).” The Act also provides for the classification of various areas within an assessment distri ct into different zones where:
“By reason of variations in the nature, location, and extent of the improvements, the various areas will receive differing degrees of benefit from the improvements; a zone shall consist of all territory which will receive substantially the same degree of benefit from the improvements.” As the assessments are levied on the basis of benefit, they are not a tax, and therefore are not governed by Article XIIIA of the Constitution of the State of California.

Properties owned by public agencies, such as the city, county, state, or federal government, are no longer exempt from assessment pursuant to the passage of Proposition 218. However, said public parcels will not be assessed during Fiscal Year 2024-2025 because the City of Chino invoked an exemption as noted in Article 4.6 Section 53753.5. (b)(2) of Chapter 4 Part 1 of Division 2 of Title 5 of the Government Code:
“Any assessment imposed pursuant to a petition signed by the persons owning all parcels subject to the assessment at the time the assessment is initially imposed.” When public property is not devoted to public use, it is assessed. Right-of-way owned by Southern California Edison Company and railroad operating right-of-way are also exempt from assessment.

Landscape and Street Lighting District 2002-1
The plans and specifications for the improvements within the District are on file and available for public inspection in the office of the City Engineer and are part of this report to the same extent as if said documents were attached hereto. The Assessor’s maps identifying the boundaries of the parcels located within each zone are on file in the office of the County Assessor and are by reference made a part of this report to the same extent as if they were 384

1. Plans and Specifications

City of Chino Landscape and Street Lighting District 2002-1 Engineer’s Report for Fiscal Year 2024-2025 2

attached. A detailed parcel list is included as Appendix C. The general nature and extent of improvements are as follows:

The District was established to provide for the installation, ongoing maintenance, operation, and servicing of landscaping and public street lighting improvements installed in connection with the development of parcels within the District.

Streetlights
The maintenance for streetlight improvements may include, but is not limited to , the repair, removal , and replacement of all or any part necessary to provide for the normal operation of streetlights . Routine repairs include replacing of the light bulb, lamp, glassware, fuse, or photocell. Extraordinary repair includes replacement of the ballast, luminaire, or correction of a wiring problem. Also included are the energy costs of the street light system.

Landscaping
The maintenance for landscape improvements includes, but is not limited to, the repair, removal or replacement of the landscaping; providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, and treating for disease or injury; the removal of trimmings, rubbish, debris, other solid waste; the main tenance, repair and replacement necessary for all irrigation systems ; and the removal of graffiti from walls immediately adjacent to the cultivated areas. Also included are the energy costs of the irrigation system.

The engineering drawings for the improvements to be operated and maintained by the District are on file in the office of the City Engineer and are available for public inspection during normal business hours.

385

2. Method of Assessment Apportionment

City of Chino Landscape and Street Lighting District 2002-1 Engineer’s Report for Fiscal Year 2024-2025 3

Proposition 218 Compliance
On November 5, 1996, California voters approved Proposition 218 , entitled “Right to Vote on Taxes Act ,” which added Article XIIID to the California Constitution. While its title refers only to taxes, Proposition 218 establishes new procedural requirements for the formation and administration of assessment districts. Proposition 218 also requires that with certain specified exception, which are described below, all existing assessment districts must be ratified by the property owners within the District using the new procedures.

Some of these exceptions include:
1) Any assessments imposed exclusively to finance the capital cost or maintenance and operation expenses for streets.
2) Any assessments levied pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment was initially imposed However, even if assessments are initially exempt from Proposition 218, if the assessments are increased in the future, the City will need to comply with the provisions of Proposition 218 for that portion of the increased assessment formula (e.g., CPI increase).

Proposition 218 does not define the term “streets,” however, based on the opinions of the public agency officials, attorneys, assessment engineers, and Senate Bill 919, it has been determined that streets include all public improvements located within the street rights-of-way. This would include median and parkway landscaping, traffic signals, safety lighting, and street lighting.

Proposition 218 defines “assessment” as “any levy or charge upon real property by an agency for a special benefit conferred upon the real property,” Cal ifornia Constitution, Article XIII D, §2(b). A special assessment, sometimes called a “benefit assessment,” is a charge generally levied upon parcels of real property to pay for benefits the parcels receive from local improvements. Special assessments are levied according to statutory authority granted by the Legislature or, in some instances, local charters. Distinguishing among taxes, fees, and assessments can be difficult and often depends on the context in which the distinction is made. For example, taxes, assessments, and property-related fees all may be imposed on property. The key feature that distinguishes an assessment from a tax, fee, or charge is the existence of a special benefit to real property. Without identifying a special benefit, there can be no assessment.

Distinguishing General and Special Benefit
Proposition 218 added a set of procedures and requirements , which a local government must follow to levy an assessment. In addition to notice, hearing, and assessment ballot proceedings, Proposition 218 provides that “only special benefits are assessable” and requires a local government to “separate the general benefits from the special benefits conferred on a parcel.”
By its nature, most public improvement s financed through an assessment district contain an element of public benefit. The test is: does there exist, with relation to the improvement, a special benefit to the property assessed? The law requires that portion of the cost of the improvement, which benefits the public generally to be separated from that portion of the cost of the improvement , which specially benefits assessed properties. Proposition 218 provides the following definition of “Special Benefit”:
“Special Benefit” means a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large. General enhancement of property value does not constitute “special benefit”.

386

2. Method of Assessment Apportionment

City of Chino Landscape and Street Lighting District 2002-1 Engineer’s Report for Fiscal Year 2024-2025 4

Method of Assessment Apportionment
The law, including Article XIIID of the Constitution of the State of California, requires and the statues, including the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following), provide that special assessments, as levied p ursuant to the “Landscaping and Lighting Act of 1972,” must be based solely on the special benefit properties receive from the improvements. The statutes do not specify the method or formula that should be used to apportion the assessment in any special assessment district proceedings. The City of Chino has retained the firm of Webb Municipal Finance, LLC for the purpose of assisting the City of Chino in making an analysis of the facts in Landscape and Street Light Maintenance District No. 2002-1 and recommending to the City of Chino the correct apportionment of the assessment obligation.

In performing the analysis, it was necessary to identify the benefits that the improvements being financed will render to the properties within the boundaries of this Assessment District and to determine the extent to which such properties receive a direct and special benefit as distinguished from that of the general public.

The method of apportionment of assessment is described below.

Street Lighting
The Street Lighting maintenance provided by the District applies to both Interior Street Lights and Perimeter Street Lights located within the District boundaries. The primary benefits of street lighting consist of safety for pedestrians, motorists and residents living and owning property in the District during the nighttime hours. Street lighting increases nighttime safety on the roads and streets by improving traffic circulation and reducing nighttime accidents, improved ingress and egress to property, improved access of emergency vehicles and reduction in vandalism and other criminal activities.

Interior Street Lights are defined as those located on streets that are not considered a Primary Arterial, Major Arterial, or Secondary Arterials as identified by the City’s General Plan. Based on their location and function, these lights provide a distinc t and special benefit to all developed parcels within the District. Each and every parcel within the District receives a particular and distinct benefit from the operation and on-going maintenance of the Interior Street Lights over and above any general benefits that are provided and as such, the entire cost associated with these lights is assessed equally to each lot or parcel of benefiting tracts or parcel maps designated by Zones within the District.

Perimeter Street Lights are defined as those lights located on streets that are classified as Primary Arterials, Major Arterials, or Secondary Arterials as identified by the City’s General Plan. Based on their location and function, the Perimeter Street Lights provide both special and general benefit to all developed parcels within the various Zones in the District. Due to the general benefit that is provided to the surrounding community from the operation and on-going maintenance of these lights, the City contributes 50 percent (50%) of the total annual cost related to the operation and maintenance for all perimeter lights with the various Zones in the District. The remaining 50 percent (50%) of the operation and maintenance cost is assessed equally to each lot or parcel of benefiting tracts or parcel maps designated by Zones within the District.

Landscaping
The landscape maintenance provided to the various zones within the District applies to both Interior Landscaping and Perimeter Landscaping. The primary benefits that well-maintained landscaping provide are the beautification and enhancement of the desirability of the surroundings. These improvements provide special benefit to those developments that are directly adjacent to the landscape improvements as well as some general benefit. It also creates surroundings that are more pleasant for the motorists, residents, equestrians, and pedestrians within the District. Interior Landscaping is defined as areas within the District boundaries that are not considered a Primary Arterial, Major Arterial, or Secondary Arterials as identified by the City’s General Plan. Each and every parcel within 387

2. Method of Assessment Apportionment

City of Chino Landscape and Street Lighting District 2002-1 Engineer’s Report for Fiscal Year 2024-2025 5

the District receives a particular and distinct benefit from the on- going maintenance of the Interior Landscaping over and above any general benefits that are provided and as such, the entire cost associated with these areas of landscaping is assessed equally to each lot or parcel of benefiting tracts or parcel maps designated by Zones within the District.

Perimeter Landscaping is defined as areas within the District boundaries that are classified as Primary Arterials, Major Arterials, or Secondary Arterials as identified by the City’s General Plan. Based on their location and purpose, the Perimeter Landscaping provides both special and general benefit to all developed parcels within the various Zones in the District. Due to the general benefit that is provided to the surrounding community from the on-going maintenance of these landscaped areas, the City cont ributes 50 percent (50%) of the total annual cost related to any perimeter landscape maintenance with the various Zones in the District. The remaining 50 percent (50%) of the maintenance cost is assessed equally to each lot or parcel of benefiting tracts or parcel maps designated by Zones within the District.

Annual Adjustments
Per direction of the District’s Engineer’s Report, commencing with Fiscal Year 2004-2005, the assessments may be increased annually for inflation, based on the Consumer Price Index – All Urban Consumers for the Los Angeles – Riverside-Orange County Area (C PI), as determined by the United States Department of Labor, Bureau of Labor Statistics, or its successor. Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index, this Department shall use a revised index or comparable system for determining fluctuations in the cost of living, as approved by the City Council. The Maximum Assessment is defined as the initial Assessment (approved by property owners within the District) adjusted annually by the CPI. If the proposed annual assessment for a given Fiscal Year is less than or equal to the calculated Maximum Assessment , then the proposed annual assessment is not considered an increased assessment.

In January 2018, the United States Department of Labor, Bureau of Labor Statistics, discontinued the Los Angeles - Riverside - Orange County Consumer Price Index and created a new Riverside - San Bernardino – Ontario Consumer Price Index. This new index is what was used to escalate the Maximum Assessment Rate, for each zone, by 7.33% for Fiscal Year 2024-2025.

Each of the parcels within the zones listed below has been deemed to receive proportional special benefit from the maintenance and operation of the improvements within that zone. The Fiscal Year 2024-2025 assessments per zone are as follows:

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2. Method of Assessment Apportionment

City of Chino Landscape and Street Lighting District 2002-1 Engineer’s Report for Fiscal Year 2024-2025 6

Table 2-1 – Fiscal Year 2024-2025 Proposed Assessments

Levy
Benefit Units
(BU)
Maximum
Assessment
per BU
Actual
Assessment
per BU
% of
Maximum Zone Costs
Zone 01 $7,415.26 82 $90.44 $90.43 99.99% $7,494.51 Zone 02 $3,716.04 6 $619.34 $619.34 100.00% $3,716.04 Zone 03 $14,218.71 121 $117.51 $117.51 100.00% $14,218.71 Zone 04 $4,778.69 19 $251.519148 $251.51 100.00% $4,824.13 Zone 05 $232.50 15 $15.502733 $15.50 99.98% $232.50 Zone 06 $2,426.87 19 $127.731584 $127.73 100.00% $2,426.87 Zone 07 $729.03 19 $38.372843 $38.37 99.99% $729.03 Zone 08 $3,095.68 4 $773.926098 $773.92 100.00% $3,095.68 Zone 09 $19,308.96 23 $839.529601 $839.52 100.00% $23,107.75 Zone 10 $982.85 11 $89.358741 $89.35 99.99% $982.85 Zone 11 $2,130.94 2 $1,065.471193 $1,065.47 100.00% $2,130.94 Zone 12 $70,666.96 238 $296.920938 $296.92 100.00% $95,060.13 Zone 13 $690.03 17 $40.598676 $40.59 99.98% $690.03 Zone 14 $321.90 6 $53.654294 $53.65 99.99% $321.90
Zone 15 $1,038.24 8 $129.788202 $129.78 99.99% $1,038.24 Zone 16 $1,440.23 11 $130.933660 $130.93 100.00% $1,931.64 Zone 17 $12,084.12 18 $671.342523 $671.34 100.00% $12,084.12 Zone 18 $13,558.16 308 $44.022034 $44.02 100.00% $31,080.20 Zone 19 $2,886.54 1 $2,886.541155 $2,886.54 100.00% $2,886.54 Zone 20 $491.54 14 $35.118701 $35.11 99.98% $491.54 Zone 21 $360.22 2 $180.110255 $180.11 100.00% $360.22 Zone 22 $904.50 15 $60.305761 $60.30 99.99% $904.50 Zone 23 $429.97 19 $22.635812 $22.63 99.97% $429.97 Zone 24 $956.34 14 $68.310950 $68.31 100.00% $956.34 Zone 26 $55.94 1 $55.945210 $55.94 99.99% $55.94
Zone 27 $3,728.44 17 $219.329175 $219.32 100.00% $4,187.98 Zone 28 $917.19 9 $101.919729 $101.91 99.99% $917.19 Zone 29 $2,135.10 22 $97.051533 $97.05 100.00% $2,135.10 Zone 30 $689.04 4 $172.261264 $172.26 100.00% $689.04 Zone 31 $614.30 10 $61.438202 $61.43 99.99% $614.30 Zone 32 $2,162.06 17 $127.184888 $127.18 100.00% $2,162.06 Zone 33 $617.32 1 $617.323765 $617.32 100.00% $617.32 Zone 34 $1,712.40 1 $1,712.407651 $1,712.40 100.00% $1,712.40 Zone 35 $1,519.11 3 $506.376197 $506.37 100.00% $1,519.11 Zone 37 $1,754.83 11 $159.531060 $159.53 100.00% $1,754.83 Zone 38 $544.30 10 $54.435288 $54.43 99.99% $544.30 Zone 39 $2,187.42 3 $729.149103 $729.14 100.00% $2,187.42 Zone 40 $1,314.61 11 $119.518130 $119.51 99.99% $1,720.05 Zone 41 $803.82 1 $803.825155 $803.82 100.00% $803.82 Zone 42 $993.30 42 $23.651104 $23.65 100.00% $993.30 Zone 43 $1,144.64 7 $163.527147 $163.52 100.00% $1,144.64 Zone 44 $1,095.23 31 $35.339983 $35.33 99.97% $1,095.23 Zone 45 $2,999.52 16 $187.477632 $187.47 100.00% $2,999.52 389

2. Method of Assessment Apportionment

City of Chino Landscape and Street Lighting District 2002-1 Engineer’s Report for Fiscal Year 2024-2025 7

Levy
Benefit Units
(BU)
Maximum
Assessment
per BU
Actual
Assessment
per BU
% of
Maximum Zone Costs
Zone 47 $386.40 12 $32.200302 $32.20 100.00% $386.40 Zone 48 $1,367.92 8 $170.998657 $170.99 99.99% $1,367.92 Zone 49 $399.76 4 $99.941211 $99.94 100.00% $399.76 Zone 50 $1,274.64 8 $159.335812 $159.33 100.00% $1,274.64 Zone 51 $249.56 17 $14.682689 $14.68 99.98% $249.56 Zone 52 $920.18 2 $460.096637 $460.09 100.00% $920.18 Zone 53 $357.08 1 $357.083516 $357.08 100.00% $357.08 Zone 54 $322.57 1 $322.576594 $322.57 100.00% $322.57 Zone 55 $833.47 1 $833.476897 $833.47 100.00% $833.47 Zone 56 $2,521.97 11 $229.273833 $229.27 100.00% $2,521.97 Zone 58 $537.68 1 $537.682336 $537.68 100.00% $537.68 Zone 59 $763.10 2 $381.554665 $381.55 100.00% $763.10 Zone 60 $420.43 1 $420.435154 $420.43 100.00% $420.43 Zone 61 $2,892.64 1 $2,892.645926 $2,892.64 100.00% $2,892.64 Zone 62 $2,219.58 3 $739.861738 $739.86 100.00% $2,219.58 Zone 63 $556.53 39 $14.271434 $14.27 99.99% $556.53 Zone 65 $821.19 3 $273.738430 $273.73 100.00% $821.19 Zone 66 $5,179.44 84 $61.663103 $61.66 99.99% $5,179.44 Zone 67 $3,810.17 53 $71.896495 $71.89 99.99% $3,810.17 Zone 68 $1,251.14 94 $13.317239 $13.31 99.95% $1,251.14 Zone 69 $937.51 59 $15.894555 $15.89 99.97% $937.51 Zone 71 $346.84 23 $15.080436 $15.08 100.00% $346.84 Zone 72 $322.47 1 $322.478385 $322.47 100.00% $322.47 Zone 75 $1,906.59 147 $12.978170 $12.97 99.94% $1,906.59 Zone 77 $1,893.44 122 $15.526516 $15.52 99.96% $1,893.44 Zone 78 $614.78 1 $614.780892 $614.78 100.00% $614.78 Zone 79 $345.19 1 $345.199390 $345.19 100.00% $345.19 Zone 80 $2,026.64 94 $21.568454 $21.56 99.96% $2,026.64 Zone 82 $760.36 1 $760.363379 $760.36 100.00% $760.36 Zone 83 $829.94 1 $829.945009 $829.94 100.00% $829.94 Zone 84 $208.35 1 $208.359782 $208.35 100.00% $208.35 Zone 85 $310.42 2 $155.219471 $155.21 99.99% $310.42

Future Annexations
It is anticipated that additional properties will be annexed to the District from time to time and will be assessed according to the adopted methodology and rates.

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3. Cost Estimate

City of Chino Landscape and Street Lighting District 2002-1 Engineer’s Report for Fiscal Year 2024-2025 8

Annual costs for the Fiscal Year include maintenance, servicing and operation of public lighting and landscaping, and incidental expenses. Incidental expenses may include engineering, consulting, and legal costs for the administration of the District, finance department expenses for processing payments, and the cost of submittal of the annual assessments to the County of San Bernardino Auditor for placement on the tax roll.

The Fiscal Year 2024-2025 estimated costs of the improvements for the District were determined by the City and are summarized in Table 3-1.

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3. Cost Estimate

City of Chino Landscape and Street Lighting District 2002-1 Engineer’s Report for Fiscal Year 2024-2025 9

Table 3-1 – Fiscal Year 2024-2025 Cost Estimates

Budget Item Zone 01 Zone 02 Zone 03 Zone 04 Zone 05 Zone 06

LANDSCAPE MAINTENANCE
Interior Landscape Maintenance $1,833.21 $0.00 $0.00 $0.00 $0.00 $0.00 Perimeter Landscape Maintenance1 $2,326.16 $0.00 $7,880.98 $3,590.54 $0.00 $906.49 Subtotal Landscape Maintenance $4,159.37 $0.00 $7,880.98 $3,590.54 $0.00 $906.49

STREET LIGHT MAINTENANCE
Interior Street Light Maintenance $1,930.98 $0.00 $1,306.39 $340.80 $0.00 $227.20 Perimeter Street Light Maintenance1 $253.05 $1,113.42 $378.44 $151.83 $122.13 $241.19 Subtotal Street Light Maintenance $2,184.03 $1,113.42 $1,684.83 $492.63 $122.13 $468.39

EQUESTRIAN TRAIL MAINTENANCE
Interior Equestrian Trail Maintenance $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Perimeter Equestrian Trail Maintenance1 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Subtotal Equestrian Trail Maintenance $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

PLANNED CAPITAL IMPROVEMENT EXPENDITURES
Landscape Improvements CIP Expenditures $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Lighting Improvements CIP Expenditures $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Subtotal Capital Improvement Expenditures $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

GENERAL BENEFIT EXPENSES
Landscape General Benefit - City Contribution1 $2,326.16 $0.00 $7,880.98 $3,590.54 $0.00 $906.49 Lighting General Benefit - City Contribution1 $253.05 $1,113.42 $378.44 $151.83 $122.13 $241.19 Equestrian General Benefit - City Contribution1 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Subtotal General Benefit Expenses - Contributions $2,579.21 $1,113.42 $8,259.42 $3,742.37 $122.13 $1,147.68

OPERATIONAL RESERVES FUNDING
Operation Reserves Collection $0.00 $556.71 $2,917.03 $0.00 $61.06 $687.44 Operational Reserve Contribution $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

CAPITAL IMPROVEMENT FUNDING
Capital Improvement Reserves Collection $0.00 $1,843.87 $0.00 $0.00 $27.14 $115.06 Subtotal Capital Improvement and Reserve Funding $0.00 $2,400.58 $2,917.03 $0.00 $88.21 $802.50

ADMINISTRATION
Total Annual District Administration $1,151.11 $202.05 $1,735.87 $740.96 $22.16 $249.49 Subtotal Administrative Cost $1,151.11 $202.05 $1,735.87 $740.96 $22.16 $249.49 Total Cost Amount $7,494.51 $3,716.04 $14,218.71 $4,824.13 $232.50 $2,426.87 Total Amount for Levy Submission $7,415.26 $3,716.04 $14,218.71 $4,778.69 $232.50 $2,426.87 Total City Subsidy ($79.25) $0.00 $0.00 ($45.44) $0.00 $0.00

DISTRICT
Total Parcels 82 6 121 19 15 19
Total Benefit Units 82 6 121 19 15 19
Calculated Annual Assessment Rate per Benefit Unit $90.43 $619.34 $117.51 $251.51 $15.50 $127.73 Maximum Assessment Rate per Benefit Unit $90.44 $619.34 $117.51 $251.52 $15.50 $127.73 1 Amount Reflects 50% of Calculated Cost

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3. Cost Estimate

City of Chino Landscape and Street Lighting District 2002-1 Engineer’s Report for Fiscal Year 2024-2025 10

Budget Item Zone 07 Zone 08 Zone 09 Zone 10 Zone 11 Zone 12

LANDSCAPE MAINTENANCE
Interior Landscape Maintenance $0.00 $0.00 $4,802.88 $0.00 $0.00 $54,177.77 Perimeter Landscape Maintenance1 $0.00 $1,404.00 $12,067.85 $0.00 $0.00 $18,219.88 Subtotal Landscape Maintenance $0.00 $1,404.00 $16,870.73 $0.00 $0.00 $72,397.66

STREET LIGHT MAINTENANCE
Interior Street Light Maintenance $227.20 $113.60 $908.79 $0.00 $0.00 $4,089.57 Perimeter Street Light Maintenance1 $176.00 $50.61 $151.83 $626.95 $640.35 $1,128.45 Subtotal Street Light Maintenance $403.20 $164.21 $1,060.62 $626.95 $640.35 $5,218.02

EQUESTRIAN TRAIL MAINTENANCE
Interior Equestrian Trail Maintenance $0.00 $136.84 $1,627.19 $0.00 $0.00 $1,895.85 Perimeter Equestrian Trail Maintenance1 $0.00 $68.61 $0.00 $0.00 $0.00 $947.93 Subtotal Equestrian Trail Maintenance $0.00 $205.45 $1,627.19 $0.00 $0.00 $2,843.78

GENERAL BENEFIT EXPENSES
Landscape General Benefit - City Contribution1 $0.00 $1,404.00 $12,067.85 $0.00 $0.00 $18,219.88 Lighting General Benefit - City Contribution1 $176.00 $50.61 $151.83 $626.95 $640.35 $1,128.45 Equestrian General Benefit - City Contribution1 $0.00 $68.61 $0.00 $0.00 $0.00 $947.93 Subtotal General Benefit Expenses - Contributions $176.00 $1,523.22 $12,219.68 $626.95 $640.35 $20,296.26

OPERATIONAL RESERVES FUNDING
Operation Reserves Collection $201.60 $886.83 $0.00 $242.14 $320.17 $0.00 Operational Reserve Contribution $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

CAPITAL IMPROVEMENT FUNDING
Capital Improvement Reserves Collection $51.07 $113.33 $0.00 $0.00 $1,054.22 $0.00 Subtotal Capital Improvement and Reserve Funding $252.67 $1,000.16 $0.00 $242.14 $1,374.39 $0.00

ADMINISTRATION
Total Annual District Administration $73.17 $321.86 $3,549.21 $113.77 $116.20 $14,600.68 Subtotal Administrative Cost $73.17 $321.86 $3,549.21 $113.77 $116.20 $14,600.68 Total Cost Amount $729.03 $3,095.68 $23,107.75 $982.85 $2,130.94 $95,060.13 Total Amount for Levy Submission $729.03 $3,095.68 $19,308.96 $982.85 $2,130.94 $70,666.96 Total City Subsidy $0.00 $0.00 ($3,798.79) $0.00 $0.00 ($24,393.17)

DISTRICT
Total Parcels 19 4 23 11 2 238
Total Benefit Units 19 4 23 11 2 238
Calculated Annual Assessment Rate per Benefit Unit $38.37 $773.92 $839.52 $89.35 $1,065.47 $296.92 Maximum Assessment Rate per Benefit Unit $38.37 $773.93 $839.53 $89.36 $1,065.47 $296.92 1 Amount Reflects 50% of Calculated Cost

393

3. Cost Estimate

City of Chino Landscape and Street Lighting District 2002-1 Engineer’s Report for Fiscal Year 2024-2025 11

Budget Item Zone 13 Zone 14 Zone 15 Zone 16 Zone 17 Zone 18

LANDSCAPE MAINTENANCE
Interior Landscape Maintenance $0.00 $0.00 $0.00 $1,115.75 $3,707.88 $0.00 Perimeter Landscape Maintenance1 $0.00 $0.00 $167.93 $235.20 $2,195.42 $24,112.16 Subtotal Landscape Maintenance $0.00 $0.00 $167.93 $1,350.95 $5,903.30 $24,112.16

STREET LIGHT MAINTENANCE
Interior Street Light Maintenance $0.00 $0.00 $170.40 $284.00 $270.49 $0.00 Perimeter Street Light Maintenance1 $223.35 $50.61 $101.22 $0.00 $202.44 $2,194.31 Subtotal Street Light Maintenance $223.35 $50.61 $271.62 $284.00 $472.93 $2,194.31

GENERAL BENEFIT EXPENSES
Landscape General Benefit - City Contribution1 $0.00 $0.00 $167.93 $235.20 $2,195.42 $24,112.16 Lighting General Benefit - City Contribution1 $223.35 $50.61 $101.22 $0.00 $202.44 $2,194.31 Equestrian General Benefit - City Contribution1 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Subtotal General Benefit Expenses - Contributions $223.35 $50.61 $269.15 $235.20 $2,397.86 $26,306.46

OPERATIONAL RESERVES FUNDING
Operation Reserves Collection $111.67 $25.30 $219.78 $0.00 $3,188.12 $0.00 Operational Reserve Contribution $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

CAPITAL IMPROVEMENT FUNDING
Capital Improvement Reserves Collection $314.48 $236.80 $299.15 $0.00 $1,362.70 $0.00 Subtotal Capital Improvement and Reserve Funding $426.15 $262.11 $518.92 $0.00 $4,550.82 $0.00

ADMINISTRATION
Total Annual District Administration $40.53 $9.18 $79.76 $296.69 $1,157.07 $4,773.74 Subtotal Administrative Cost $40.53 $9.18 $79.76 $296.69 $1,157.07 $4,773.74 Total Cost Amount $690.03 $321.90 $1,038.24 $1,931.64 $12,084.12 $31,080.20 Total Amount for Levy Submission $690.03 $321.90 $1,038.24 $1,440.23 $12,084.12 $13,558.16 Total City Subsidy $0.00 $0.00 $0.00 ($491.41) $0.00 ($17,522.04)

DISTRICT
Total Parcels 17 6 8 11 18 308
Total Benefit Units 17 6 8 11 18 308
Calculated Annual Assessment Rate per Benefit Unit $40.59 $53.65 $129.78 $130.93 $671.34 $44.02 Maximum Assessment Rate per Benefit Unit $40.60 $53.65 $129.79 $130.93 $671.34 $44.02 1 Amount Reflects 50% of Calculated Cost

394

3. Cost Estimate

City of Chino Landscape and Street Lighting District 2002-1 Engineer’s Report for Fiscal Year 2024-2025 12

Budget Item Zone 19 Zone 20 Zone 21 Zone 22 Zone 23 Zone 24

LANDSCAPE MAINTENANCE
Interior Landscape Maintenance $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Perimeter Landscape Maintenance1 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Subtotal Landscape Maintenance $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

STREET LIGHT MAINTENANCE
Interior Street Light Maintenance $0.00 $0.00 $0.00 $186.63 $0.00 $397.60 Perimeter Street Light Maintenance1 $860.37 $122.13 $50.61 $122.13 $101.22 $101.22 Subtotal Street Light Maintenance $860.37 $122.13 $50.61 $308.76 $101.22 $498.82

GENERAL BENEFIT EXPENSES
Landscape General Benefit - City Contribution1 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Lighting General Benefit - City Contribution1 $860.37 $122.13 $50.61 $122.13 $101.22 $101.22 Equestrian General Benefit - City Contribution1 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Subtotal General Benefit Expenses - Contributions $860.37 $122.13 $50.61 $122.13 $101.22 $101.22

OPERATIONAL RESERVES FUNDING
Operation Reserves Collection $430.18 $61.06 $25.30 $154.38 $50.61 $249.41 Operational Reserve Contribution $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

CAPITAL IMPROVEMENT FUNDING
Capital Improvement Reserves Collection $1,439.86 $286.18 $275.12 $385.34 $259.77 $117.60 Subtotal Capital Improvement and Reserve Funding $1,870.04 $347.25 $300.43 $539.71 $310.38 $367.00

ADMINISTRATION
Total Annual District Administration $156.13 $22.16 $9.18 $56.03 $18.37 $90.52 Subtotal Administrative Cost $156.13 $22.16 $9.18 $56.03 $18.37 $90.52 Total Cost Amount $2,886.54 $491.54 $360.22 $904.50 $429.97 $956.34 Total Amount for Levy Submission $2,886.54 $491.54 $360.22 $904.50 $429.97 $956.34 Total City Subsidy $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

DISTRICT
Total Parcels 1 14 2 15 19 14
Total Benefit Units 1 14 2 15 19 14
Calculated Annual Assessment Rate per Benefit Unit $2,886.54 $35.11 $180.11 $60.30 $22.63 $68.31 Maximum Assessment Rate per Benefit Unit $2,886.54 $35.12 $180.11 $60.31 $22.64 $68.31 1 Amount Reflects 50% of Calculated Cost

395

3. Cost Estimate

City of Chino Landscape and Street Lighting District 2002-1 Engineer’s Report for Fiscal Year 2024-2025 13

Budget Item Zone 26 Zone 27 Zone 28 Zone 29 Zone 30 Zone 31

LANDSCAPE MAINTENANCE
Interior Landscape Maintenance $0.00 $2,358.04 $0.00 $770.32 $0.00 $0.00 Perimeter Landscape Maintenance1 $0.00 $801.47 $0.00 $440.01 $268.18 $0.00 Subtotal Landscape Maintenance $0.00 $3,159.51 $0.00 $1,210.33 $268.18 $0.00

STREET LIGHT MAINTENANCE
Interior Street Light Maintenance $0.00 $284.00 $0.00 $397.60 $0.00 $0.00 Perimeter Street Light Maintenance1 $28.40 $101.22 $354.27 $50.61 $60.34 $188.08 Subtotal Street Light Maintenance $28.40 $385.22 $354.27 $448.21 $60.34 $188.08

GENERAL BENEFIT EXPENSES
Landscape General Benefit - City Contribution1 $0.00 $801.47 $0.00 $440.01 $268.18 $0.00 Lighting General Benefit - City Contribution1 $28.40 $101.22 $354.27 $50.61 $60.34 $188.08 Equestrian General Benefit - City Contribution1 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Subtotal General Benefit Expenses - Contributions $28.40 $902.69 $354.27 $490.62 $328.52 $188.08

OPERATIONAL RESERVES FUNDING
Operation Reserves Collection $14.20 $0.00 $177.13 $11.34 $164.26 $94.04 Operational Reserve Contribution $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

CAPITAL IMPROVEMENT FUNDING
Capital Improvement Reserves Collection $8.19 $0.00 $321.50 $164.26 $136.65 $298.04 Subtotal Capital Improvement and Reserve Funding $22.39 $0.00 $498.63 $175.60 $300.91 $392.09

ADMINISTRATION
Total Annual District Administration $5.15 $643.25 $64.29 $300.97 $59.62 $34.13 Subtotal Administrative Cost $5.15 $643.25 $64.29 $300.97 $59.62 $34.13 Total Cost Amount $55.94 $4,187.98 $917.19 $2,135.10 $689.04 $614.30 Total Amount for Levy Submission $55.94 $3,728.44 $917.19 $2,135.10 $689.04 $614.30 Total City Subsidy $0.00 ($459.54) $0.00 $0.00 $0.00 $0.00

DISTRICT
Total Parcels 1 17 9 22 4 10
Total Benefit Units 1 17 9 22 4 10
Calculated Annual Assessment Rate per Benefit Unit $55.94 $219.32 $101.91 $97.05 $172.26 $61.43 Maximum Assessment Rate per Benefit Unit $55.95 $219.33 $101.92 $97.05 $172.26 $61.44 1 Amount Reflects 50% of Calculated Cost

396

3. Cost Estimate

City of Chino Landscape and Street Lighting District 2002-1 Engineer’s Report for Fiscal Year 2024-2025 14

Budget Item Zone 32 Zone 33 Zone 34 Zone 35 Zone 37 Zone 38

LANDSCAPE MAINTENANCE
Interior Landscape Maintenance $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Perimeter Landscape Maintenance1 $0.00 $0.00 $0.00 $204.35 $0.00 $0.00 Subtotal Landscape Maintenance $0.00 $0.00 $0.00 $204.35 $0.00 $0.00

STREET LIGHT MAINTENANCE
Interior Street Light Maintenance $506.10 $0.00 $0.00 $137.52 $340.80 $186.63 Perimeter Street Light Maintenance1 $491.74 $101.22 $455.49 $68.76 $376.17 $0.00 Subtotal Street Light Maintenance $997.84 $101.22 $455.49 $206.28 $716.96 $186.63

GENERAL BENEFIT EXPENSES
Landscape General Benefit - City Contribution1 $0.00 $0.00 $0.00 $204.35 $0.00 $0.00 Lighting General Benefit - City Contribution1 $491.74 $101.22 $455.49 $68.76 $376.17 $0.00 Equestrian General Benefit - City Contribution1 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Subtotal General Benefit Expenses - Contributions $491.74 $101.22 $455.49 $273.11 $376.17 $0.00

OPERATIONAL RESERVES FUNDING
Operation Reserves Collection $498.92 $50.61 $227.74 $205.31 $358.48 $93.31 Operational Reserve Contribution $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

CAPITAL IMPROVEMENT FUNDING
Capital Improvement Reserves Collection $484.22 $447.12 $946.51 $816.36 $549.28 $230.49 Subtotal Capital Improvement and Reserve Funding $983.14 $497.73 $1,174.26 $1,021.67 $907.76 $323.81

ADMINISTRATION
Total Annual District Administration $181.07 $18.37 $82.66 $86.81 $130.10 $33.87 Subtotal Administrative Cost $181.07 $18.37 $82.66 $86.81 $130.10 $33.87 Total Cost Amount $2,162.06 $617.32 $1,712.40 $1,519.11 $1,754.83 $544.30 Total Amount for Levy Submission $2,162.06 $617.32 $1,712.40 $1,519.11 $1,754.83 $544.30 Total City Subsidy $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

DISTRICT
Total Parcels 17 1 1 3 11 10
Total Benefit Units 17 1 1 3 11 10
Calculated Annual Assessment Rate per Benefit Unit $127.18 $617.32 $1,712.40 $506.37 $159.53 $54.43 Maximum Assessment Rate per Benefit Unit $127.18 $617.32 $1,712.41 $506.38 $159.53 $54.44 1 Amount Reflects 50% of Calculated Cost

397

3. Cost Estimate

City of Chino Landscape and Street Lighting District 2002-1 Engineer’s Report for Fiscal Year 2024-2025 15

Budget Item Zone 39 Zone 40 Zone 41 Zone 42 Zone 43 Zone 44

LANDSCAPE MAINTENANCE
Interior Landscape Maintenance $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Perimeter Landscape Maintenance1 $0.00 $1,014.67 $0.00 $0.00 $471.27 $0.00 Subtotal Landscape Maintenance $0.00 $1,014.67 $0.00 $0.00 $471.27 $0.00

STREET LIGHT MAINTENANCE
Interior Street Light Maintenance $0.00 $0.00 $101.22 $0.00 $113.60 $279.94 Perimeter Street Light Maintenance1 $556.71 $151.83 $151.83 $253.05 $50.61 $82.56 Subtotal Street Light Maintenance $556.71 $151.83 $253.05 $253.05 $164.21 $362.50

EQUESTRIAN TRAIL MAINTENANCE
Interior Equestrian Trail Maintenance $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Perimeter Equestrian Trail Maintenance1 $0.00 $289.35 $0.00 $0.00 $0.00 $0.00 Subtotal Equestrian Trail Maintenance $0.00 $289.35 $0.00 $0.00 $0.00 $0.00

GENERAL BENEFIT EXPENSES
Landscape General Benefit - City Contribution1 $0.00 $1,014.67 $0.00 $0.00 $471.27 $0.00 Lighting General Benefit - City Contribution1 $556.71 $151.83 $151.83 $253.05 $50.61 $82.56 Equestrian General Benefit - City Contribution1 $0.00 $289.35 $0.00 $0.00 $0.00 $0.00 Subtotal General Benefit Expenses - Contributions $556.71 $1,455.86 $151.83 $253.05 $521.88 $82.56

OPERATIONAL RESERVES FUNDING
Operation Reserves Collection $278.35 $0.00 $126.52 $126.52 $317.74 $181.25 Operational Reserve Contribution $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

CAPITAL IMPROVEMENT FUNDING
Capital Improvement Reserves Collection $1,251.33 $0.00 $378.33 $567.81 $76.11 $485.71 Subtotal Capital Improvement and Reserve Funding $1,529.69 $0.00 $504.85 $694.33 $393.84 $666.95

ADMINISTRATION
Total Annual District Administration $101.02 $264.19 $45.92 $45.92 $115.32 $65.78 Subtotal Administrative Cost $101.02 $264.19 $45.92 $45.92 $115.32 $65.78 Total Cost Amount $2,187.42 $1,720.05 $803.82 $993.30 $1,144.64 $1,095.23 Total Amount for Levy Submission $2,187.42 $1,314.61 $803.82 $993.30 $1,144.64 $1,095.23 Total City Subsidy $0.00 ($405.44) $0.00 $0.00 $0.00 $0.00

DISTRICT
Total Parcels 3 11 1 42 7 31
Total Benefit Units 3 11 1 42 7 31
Calculated Annual Assessment Rate per Benefit Unit $729.14 $119.51 $803.82 $23.65 $163.52 $35.33 Maximum Assessment Rate per Benefit Unit $729.15 $119.52 $803.83 $23.65 $163.53 $35.34 1 Amount Reflects 50% of Calculated Cost

398

3. Cost Estimate

City of Chino Landscape and Street Lighting District 2002-1 Engineer’s Report for Fiscal Year 2024-2025 16

Budget Item Zone 45 Zone 47 Zone 48 Zone 49 Zone 50 Zone 51

LANDSCAPE MAINTENANCE
Interior Landscape Maintenance $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Perimeter Landscape Maintenance1 $0.00 $0.00 $587.53 $0.00 $985.64 $0.00 Subtotal Landscape Maintenance $0.00 $0.00 $587.53 $0.00 $985.64 $0.00

STREET LIGHT MAINTENANCE
Interior Street Light Maintenance $809.76 $0.00 $113.60 $93.31 $0.00 $0.00 Perimeter Street Light Maintenance1 $366.39 $109.02 $56.80 $0.00 $0.00 $190.58 Subtotal Street Light Maintenance $1,176.15 $109.02 $170.40 $93.31 $0.00 $190.58

GENERAL BENEFIT EXPENSES
Landscape General Benefit - City Contribution1 $0.00 $0.00 $587.53 $0.00 $985.64 $0.00 Lighting General Benefit - City Contribution1 $366.39 $109.02 $56.80 $0.00 $0.00 $190.58 Equestrian General Benefit - City Contribution1 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Subtotal General Benefit Expenses - Contributions $366.39 $109.02 $644.33 $0.00 $985.64 $190.58

OPERATIONAL RESERVES FUNDING
Operation Reserves Collection $588.07 $54.51 $378.96 $46.66 $110.14 $23.78 Operational Reserve Contribution $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

CAPITAL IMPROVEMENT FUNDING
Capital Improvement Reserves Collection $1,021.87 $189.75 $93.49 $242.86 $0.00 $0.00 Subtotal Capital Improvement and Reserve Funding $1,609.94 $244.26 $472.45 $289.51 $110.14 $23.78

ADMINISTRATION
Total Annual District Administration $213.43 $33.12 $137.54 $16.93 $178.86 $34.58 Subtotal Administrative Cost $213.43 $33.12 $137.54 $16.93 $178.86 $34.58 Total Cost Amount $2,999.52 $386.40 $1,367.92 $399.76 $1,274.64 $249.56 Total Amount for Levy Submission $2,999.52 $386.40 $1,367.92 $399.76 $1,274.64 $249.56 Total City Subsidy $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

DISTRICT
Total Parcels 16 12 8 4 8 17
Total Benefit Units 16 12 8 4 8 17
Calculated Annual Assessment Rate per Benefit Unit $187.47 $32.20 $170.99 $99.94 $159.33 $14.68 Maximum Assessment Rate per Benefit Unit $187.48 $32.200302 $171.00 $99.94 $159.34 $14.68 1 Amount Reflects 50% of Calculated Cost

399

3. Cost Estimate

City of Chino Landscape and Street Lighting District 2002-1 Engineer’s Report for Fiscal Year 2024-2025 17

Budget Item Zone 52 Zone 53 Zone 54 Zone 55 Zone 56 Zone 58

STREET LIGHT MAINTENANCE
Interior Street Light Maintenance $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Perimeter Street Light Maintenance1 $366.39 $50.61 $50.61 $303.66 $744.19 $241.55 Subtotal Street Light Maintenance $366.39 $50.61 $50.61 $303.66 $744.19 $241.55

GENERAL BENEFIT EXPENSES
Landscape General Benefit - City Contribution1 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Lighting General Benefit - City Contribution1 $366.39 $50.61 $50.61 $303.66 $744.19 $241.55 Equestrian General Benefit - City Contribution1 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Subtotal General Benefit Expenses - Contributions $366.39 $50.61 $50.61 $303.66 $744.19 $241.55

OPERATIONAL RESERVES FUNDING
Operation Reserves Collection $183.19 $25.30 $25.30 $151.83 $372.09 $120.78 Operational Reserve Contribution $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

CAPITAL IMPROVEMENT FUNDING
Capital Improvement Reserves Collection $304.11 $271.98 $237.47 $322.88 $1,270.65 $129.26 Subtotal Capital Improvement and Reserve Funding $487.30 $297.29 $262.78 $474.71 $1,642.74 $250.03

ADMINISTRATION
Total Annual District Administration $66.49 $9.18 $9.18 $55.10 $135.04 $46.09 Subtotal Administrative Cost $66.49 $9.18 $9.18 $55.10 $135.04 $46.09 Total Cost Amount $920.18 $357.08 $322.57 $833.47 $2,521.97 $537.68 Total Amount for Levy Submission $920.18 $357.08 $322.57 $833.47 $2,521.97 $537.68 Total City Subsidy $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

DISTRICT
Total Parcels 2 1 1 1 11 1
Total Benefit Units 2 1 1 1 11 1
Calculated Annual Assessment Rate per Benefit Unit $460.09 $357.08 $322.57 $833.47 $229.27 $537.68 Maximum Assessment Rate per Benefit Unit $460.10 $357.08 $322.58 $833.48 $229.27 $537.682336 1 Amount Reflects 50% of Calculated Cost

400

3. Cost Estimate

City of Chino Landscape and Street Lighting District 2002-1 Engineer’s Report for Fiscal Year 2024-2025 18

Budget Item Zone 59 Zone 60 Zone 61 Zone 62 Zone 63 Zone 65

STREET LIGHT MAINTENANCE
Interior Street Light Maintenance $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Perimeter Street Light Maintenance1 $253.05 $101.22 $1,214.64 $910.98 $151.83 $273.96 Subtotal Street Light Maintenance $253.05 $101.22 $1,214.64 $910.98 $151.83 $273.96

GENERAL BENEFIT EXPENSES
Landscape General Benefit - City Contribution1 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Lighting General Benefit - City Contribution1 $253.05 $101.22 $1,214.64 $910.98 $151.83 $273.96 Equestrian General Benefit - City Contribution1 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Subtotal General Benefit Expenses - Contributions $253.05 $101.22 $1,214.64 $910.98 $151.83 $273.96

OPERATIONAL RESERVES FUNDING
Operation Reserves Collection $126.52 $50.61 $607.32 $455.49 $75.91 $136.98 Operational Reserve Contribution $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

CAPITAL IMPROVEMENT FUNDING
Capital Improvement Reserves Collection $337.61 $250.23 $850.27 $687.80 $301.23 $360.54 Subtotal Capital Improvement and Reserve Funding $464.13 $300.84 $1,457.59 $1,143.29 $377.15 $497.52

ADMINISTRATION
Total Annual District Administration $45.92 $18.37 $220.42 $165.31 $27.55 $49.71 Subtotal Administrative Cost $45.92 $18.37 $220.42 $165.31 $27.55 $49.71 Total Cost Amount $763.10 $420.43 $2,892.64 $2,219.58 $556.53 $821.19 Total Amount for Levy Submission $763.10 $420.43 $2,892.64 $2,219.58 $556.53 $821.19 Total City Subsidy $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

DISTRICT
Total Parcels 2 1 1 3 39 3
Total Benefit Units 2 1 1 3 39 3
Calculated Annual Assessment Rate per Benefit Unit $381.55 $420.43 $2,892.64 $739.86 $14.27 $273.73 Maximum Assessment Rate per Benefit Unit $381.55 $420.44 $2,892.65 $739.86 $14.27 $273.74 1 Amount Reflects 50% of Calculated Cost

401

3. Cost Estimate

City of Chino Landscape and Street Lighting District 2002-1 Engineer’s Report for Fiscal Year 2024-2025 19

Budget Item Zone 66 Zone 67 Zone 68 Zone 69 Zone 71 Zone 72

STREET LIGHT MAINTENANCE
Interior Street Light Maintenance $2,539.34 $1,608.25 $0.00 $0.00 $0.00 $0.00 Perimeter Street Light Maintenance1 $188.08 $253.05 $542.09 $303.66 $72.98 $139.94 Subtotal Street Light Maintenance $2,727.42 $1,861.30 $542.09 $303.66 $72.98 $139.94

GENERAL BENEFIT EXPENSES
Landscape General Benefit - City Contribution1 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Lighting General Benefit - City Contribution1 $188.08 $253.05 $542.09 $303.66 $72.98 $139.94 Equestrian General Benefit - City Contribution1 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Subtotal General Benefit Expenses - Contributions $188.08 $253.05 $542.09 $303.66 $72.98 $139.94

OPERATIONAL RESERVES FUNDING
Operation Reserves Collection $1,363.71 $930.65 $271.05 $151.83 $36.49 $69.97 Operational Reserve Contribution $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

CAPITAL IMPROVEMENT FUNDING
Capital Improvement Reserves Collection $593.38 $680.46 $303.83 $426.92 $224.13 $75.82 Subtotal Capital Improvement and Reserve Funding $1,957.09 $1,611.11 $574.88 $578.75 $260.62 $145.79

ADMINISTRATION
Total Annual District Administration $494.93 $337.76 $134.17 $55.10 $13.24 $36.74 Subtotal Administrative Cost $494.93 $337.76 $134.17 $55.10 $13.24 $36.74 Total Cost Amount $5,179.44 $3,810.17 $1,251.14 $937.51 $346.84 $322.47 Total Amount for Levy Submission $5,179.44 $3,810.17 $1,251.14 $937.51 $346.84 $322.47 Total City Subsidy $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

DISTRICT
Total Parcels 84 53 94 59 23 1
Total Benefit Units 84 53 94 59 23 1
Calculated Annual Assessment Rate per Benefit Unit $61.66 $71.89 $13.31 $15.89 $15.08 $322.47 Maximum Assessment Rate per Benefit Unit $61.66 $71.90 $13.317239 $15.89 $15.08 $322.48 1 Amount Reflects 50% of Calculated Cost

402

3. Cost Estimate

City of Chino Landscape and Street Lighting District 2002-1 Engineer’s Report for Fiscal Year 2024-2025 20

Budget Item Zone 75 Zone 77 Zone 78 Zone 79 Zone 80 Zone 82

STREET LIGHT MAINTENANCE
Interior Street Light Maintenance $0.00 $0.00 $0.00 $0.00 $105.30 $0.00 Perimeter Street Light Maintenance1 $979.93 $987.81 $286.89 $66.32 $218.82 $286.89 Subtotal Street Light Maintenance $979.93 $987.81 $286.89 $66.32 $324.12 $286.89

GENERAL BENEFIT EXPENSES
Landscape General Benefit - City Contribution1 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Lighting General Benefit - City Contribution1 $979.93 $987.81 $286.89 $66.32 $218.82 $286.89 Equestrian General Benefit - City Contribution1 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Subtotal General Benefit Expenses - Contributions $979.93 $987.81 $286.89 $66.32 $218.82 $286.89

OPERATIONAL RESERVES FUNDING
Operation Reserves Collection $489.97 $493.91 $143.44 $33.16 $162.06 $143.44 Operational Reserve Contribution $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

CAPITAL IMPROVEMENT FUNDING
Capital Improvement Reserves Collection $219.28 $195.85 $135.26 $233.68 $1,445.85 $280.84 Subtotal Capital Improvement and Reserve Funding $709.25 $689.75 $278.71 $266.84 $1,607.91 $424.29

ADMINISTRATION
Total Annual District Administration $217.41 $215.87 $49.19 $12.03 $94.61 $49.19 Subtotal Administrative Cost $217.41 $215.87 $49.19 $12.03 $94.61 $49.19 Total Cost Amount $1,906.59 $1,893.44 $614.78 $345.19 $2,026.64 $760.36 Total Amount for Levy Submission $1,906.59 $1,893.44 $614.78 $345.19 $2,026.64 $760.36 Total City Subsidy $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

DISTRICT
Total Parcels 147 122 1 1 94 3
Total Benefit Units 147 122 1 1 94 1
Calculated Annual Assessment Rate per Benefit Unit $12.97 $15.52 $614.78 $345.19 $21.56 $760.36 Maximum Assessment Rate per Benefit Unit $12.978170 $15.526516 $614.780892 $345.20 $21.57 $760.36 1 Amount Reflects 50% of Calculated Cost

403

3. Cost Estimate

City of Chino Landscape and Street Lighting District 2002-1 Engineer’s Report for Fiscal Year 2024-2025 21

Budget Item Zone 83 Zone 84 Zone 85

LANDSCAPE MAINTENANCE
Interior Landscape Maintenance $0.00 $0.00 $0.00
Perimeter Landscape Maintenance1 $0.00 $0.00 $0.00
Subtotal Landscape Maintenance $0.00 $0.00 $0.00

STREET LIGHT MAINTENANCE
Interior Street Light Maintenance $0.00 $0.00 $0.00
Perimeter Street Light Maintenance1 $430.33 $6.72 $86.33 Subtotal Street Light Maintenance $430.33 $6.72 $86.33

EQUESTRIAN TRAIL MAINTENANCE
Interior Equestrian Trail Maintenance $0.00 $0.00 $0.00 Perimeter Equestrian Trail Maintenance1 $0.00 $0.00 $0.00 Subtotal Equestrian Trail Maintenance $0.00 $0.00 $0.00

PLANNED CAPITAL IMPROVEMENT EXPENDITURES
Landscape Improvements CIP Expenditures $0.00 $0.00 $0.00 Lighting Improvements CIP Expenditures $0.00 $0.00 $0.00 Subtotal Capital Improvement Expenditures $0.00 $0.00 $0.00

GENERAL BENEFIT EXPENSES
Landscape General Benefit - City Contribution1 $0.00 $0.00 $0.00 Lighting General Benefit - City Contribution1 $430.33 $6.72 $86.33 Equestrian General Benefit - City Contribution1 $0.00 $0.00 $0.00 Subtotal General Benefit Expenses - Contributions $430.33 $6.72 $86.33

OPERATIONAL RESERVES FUNDING
Operation Reserves Collection $215.16 $3.36 $43.17
Operational Reserve Contribution $0.00 $0.00 $0.00

CAPITAL IMPROVEMENT FUNDING
Capital Improvement Reserves Collection $118.05 $182.07 $156.09 Subtotal Capital Improvement and Reserve Funding $333.21 $185.43 $199.25

ADMINISTRATION
Total Annual District Administration $66.40 $16.21 $24.83 Subtotal Administrative Cost $66.40 $16.21 $24.83
Total Cost Amount $829.94 $208.35 $310.42
Total Amount for Levy Submission $829.94 $208.35 $310.42 Total City Subsidy $0.00 $0.00 $0.00

DISTRICT
Total Parcels 1 1 2
Total Benefit Units 1 1 2
Calculated Annual Assessment Rate per Benefit Unit $829.94 $208.35 $155.21 Maximum Assessment Rate per Benefit Unit $829.945009 $208.36 $155.219471 1 Amount Reflects 50% of Calculated Cost

404

4. Assessment Roll

City of Chino Landscape and Street Lighting District 2002-1 Engineer’s Report for Fiscal Year 2024-2025 22

The boundaries of Landscape and Street Light Maintenance District No. 2002 -1 coincide with the boundaries of the parcels included within the District as of the time of the adoption of the R esolution of Intention and the Initiation of these proceedings.

Reference is made to the County Assessor's Roll and Maps for a detailed description of the lines and dimensions of any lot or parcel. The lines and dimensions of each lot shall conform to those shown on the County Assessor's Maps for the Fiscal Year to which the "Report" applies.

Please refer to Appendix A for the Fiscal Year 2024-2025 Assessment Roll.

405

APPENDIX A
Fiscal Year 2024-2025 Assessment Roll

406
APN Levy Amount APN Levy Amount
CC08SP10 - LMD 2002-1 01
CITY OF CHINO LMD 2002-1
Fiscal Year 2024-25 Assessment Roll
1016122010000 $90.43
1016122020000 $90.43
1016122030000 $90.43
1016122040000 $90.43
1016122050000 $90.43
1016122060000 $90.43
1016122070000 $90.43
1016122080000 $90.43
1016122090000 $90.43
1016122100000 $90.43
1016122110000 $90.43
1016122120000 $90.43
1016122130000 $90.43
1016122140000 $90.43
1016122150000 $90.43
1016122160000 $90.43
1016122170000 $90.43
1016122180000 $90.43
1016122190000 $90.43
1016122200000 $90.43
1016131050000 $90.43
1016131060000 $90.43
1016131070000 $90.43
1016131080000 $90.43
1016131090000 $90.43
1016131100000 $90.43
1016131110000 $90.43
1016131120000 $90.43
1016131130000 $90.43
1016131140000 $90.43
1016131150000 $90.43
1016131160000 $90.43
1016131170000 $90.43
1016131180000 $90.43
1016131190000 $90.43
1016131200000 $90.43
1016131210000 $90.43
1016131220000 $90.43
1016131230000 $90.43
1016131240000 $90.43
1016131250000 $90.43
1016131260000 $90.43
1016131270000 $90.43
1016131280000 $90.43
1016131290000 $90.43
1016131300000 $90.43
1016131310000 $90.43
1016131320000 $90.43
1016131330000 $90.43
1016131340000 $90.43
1016131350000 $90.43
1016131360000 $90.43
1016131370000 $90.43
1016131380000 $90.43
1016131390000 $90.43
1016131400000 $90.43
1016131410000 $90.43
1016131420000 $90.43
1016131430000 $90.43
1016131440000 $90.43
1016131450000 $90.43
1016131460000 $90.43
1016131470000 $90.43
1016131480000 $90.43
1016131490000 $90.43
1016131500000 $90.43
1016131510000 $90.43
1016131520000 $90.43
1016131530000 $90.43
1016131540000 $90.43
1016131550000 $90.43
1016131560000 $90.43
1016131570000 $90.43
1016131580000 $90.43
1016131590000 $90.43
1016131600000 $90.43
1016131610000 $90.43
1016131620000 $90.43
1016131630000 $90.43
1016131640000 $90.43
1016131650000 $90.43
1016131660000 $90.43
82 $7,415.26

Page 1 of 86 ends

Chino City CouncilJuly 16, 2024

Chino City Council
July 16, 2024