Chino City Council
July 16, 2024

SUBDIVISION IMPROVEMENT AGREEMENT
between

CITY OF CHINO
and

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

SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN

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. 18479 — 68 residential lots on approximately 9. 3 acres located near the northwest corner of Bickmore and Hellman Avenues ( hereinafter Subdivision")
Tentative Map No.: 18479 - Approval Date: June 30th, 2015 hereinafter" Approved Tentative Map")
Estimated Total Cost of Improvements: $ 479, 000. 00
Estimated Total Cost of Monumentation: $ 12, 947. 00 ( based upon the plans, including individual lots, subdivision boundary and public improvements).

Security:

Bond No.: 1074986
Surety: The Hanover Insurance Company
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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

TABLE OF CONTENTS

1. Construction Obligations 1

1. 1 Works of Improvement

1. 2 Other Obligations Referenced in Conditions of Tentative Map Approval

1. 3 Intent of Plans

1. 4 Survey Monuments

1. 5 Performance of Work

1. 6 Changes in the Work

1. 7 Defective Work

1. 8 No Warranty by City

1. 9 Authority of the City Engineer

1. 10 Documents Available at the Site

1. 11 Inspection

1. 12 Compliance with Law; Applicable Standards for Improvements

1. 13 Suspension of Work

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 Obligation to Warn Public During Construction

1. 18 Injuryto Public Improvements, Public Propertyor 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

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

5. 3 Payment of Development Impact Fees

6. Acceptance of Offers of Dedication 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

SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT ( this " Agreement") is entered into this 5thday of March, 2019, by and between the CITY OF CHINO, a municipal corporation, organizedandexistingin the Countyof San Bernardino, underand by virtue of the laws of the State of California, (" CITY"), and RICHMOND AMERICAN HOMES ( Subdivider").

RECITALS
A. Subdivider is the owner of, and has obtained approval of a subdivision map identified as Tentative Tract Map No. 18479, ( the " Map"), located in the City of Chino, County of San Bernardino, State of California ( the " Property"), as described on Exhibit " A". The Map requires Subdivider to comply with certain conditions of approval for the development of the Property ( the " Conditions") as described on Exhibit " B".

B. Pursuant to the Conditions, Subdivider, by the Map, has offered for dedication to City for public use of the streets and easements shown on the Map. City desires to accept the streets and easements shown on the Map for public use, and certain other improvements described in this Agreement.

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

D. Subdivider' s agreement to construct and install the Works of Improvement pursuant to this Agreement and its offer of dedication of the streets, easements and other improvements and facilities, as shown on the Map, are a material consideration to City in approving Tract Map No. 18479 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 $ 479, 000. 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 Plans referenced in Section 1.1 is to prescribe a complete work of improvement which Subdivider shall perform or cause to be performed in a manner acceptable to the City Engineer, ( or designee), and in full compliance with all codes and the terms of this Agreement. Subdivider shall complete a functional or operable improvement or facility, even though the Plans may not specifically call out all items of work required for Subdivider' s contractor to complete its tasks, incidental appurtenances, materials, and the like. If any omissions are made or information necessary to carry out the full intent and meaning of the Plans, Subdivider or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the Plans, reference shall be made to the City Engineer whose decision thereon shall be final.

Subdivider recognizes that the Plans consist of general drawings. All authorized alterations affecting the requirements and information given on the Plans shall be in writing and approved by the City Engineer. The Plans shall be supplemented by such working or shop drawings as are necessary to adequately control the work. Without the City Engineer' s prior written approval, no change shall be made by Subdivider or its contractor to any plan, specification, or working or shop drawing after it has been stamped as approved.

1. 4. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments as shown on Tract Map No. 18479 in accordance with the provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City of Chino. Subdivider shall provide security for such obligation as provided in Section 4. 1(a)(iii) and, after setting the monuments, Subdivider shall furnish the City Engineer written notice of the setting of said monuments and written proof of having paid the engineer or surveyor for the setting of said monuments.

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

1. 6. Changes in the Work. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Paragraph 4, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer as determined necessary to accomplish the purposes of this Agreement and to protect the public health, safety, or welfare. The City Engineershall notify Subdivider or its contractor in writing by Correction Notice) at the time a determination has been made to require changes in the work. No field changes performed or proposed by Subdivider or its contractor shall be binding on City unless approved in writing by the City Engineer. The City and Subdivider may mutually agree upon changes to the Works of Improvement, subject to the security requirements in Section 4.

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

1. 8. No Warranty by City. The Plans for the Works of Improvement have been prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no representationor warranty, expressor implied, to Subdivideror to anyotherpersonregarding the adequacy of the Plans or related documents.

1. 9. Authority of the City Engineer. In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineershall have the authority to decide all questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Subdivider and its contractor.

1. 10. Documents Available at the Site. Subdividershall cause its contractor to keep a copy of all approved Plans at the job site and shall give access thereto to the City' s inspectors and engineers at all times.

1. 11. Inspection. Subdivider shall have an authorized representative on the job site at all times during which work is being done who has full authority to act for Subdivider, or its design engineer, and Subdivider' s contractor( s) regarding the Works of Improvement.

Subdivider shall cause its contractor to furnish the City with every reasonable facility for ascertaining whether or not the Works of Improvement as performed are in accordance with the requirements and intent of this Agreement, including the Plans. If the City inspector requests it, the Subdivider' s contractor, at any time before acceptance of the Works of Improvement, shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected. After examination, the Subdivider' s contractor shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City Engineer ( or designee) shall not be considered as direct control of the individual workmen on the job site. City's inspectors shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement.

The inspection of the work by City shall not relieve Subdivider or its contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted.

1. 12. Compliance with Law; Applicable Standards for Improvements. In addition to the express provisions of this Agreement and the Plans, Subdivider shall cause construction of the Works of Improvement to be completed in accordance with all other applicable federal, state, and local laws, ordinances, rules and regulations. In addition, without limiting the foregoing, the Subdivider shall, at its expense, obtain and comply with the conditions of all necessary permits and licenses for the construction of the Works of Improvement. The Subdivider shall also give all necessary notices and pay all fees and taxes as required by law.

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

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

1. 12. In case of suspension of work for any cause whatsoever, Subdivider and its contractor shall be responsible for all materials and shall store them properly if necessary, and shall providesuitable interim drainage and/or dust controlmeasures, and erect temporarystructures where necessary.

1. 14. Erosion and Dust Control and Environmental Mitigation. All grading, landscaping, and construction activities shall be performed in a manner to control erosion and prevent flooding problems. The City Engineer shall have the authority to require erosion plans to prescribe reasonable controls on the method, manner, and time of grading, landscaping, and construction activities to prevent nuisances to surrounding properties. Plans shall include without limitation temporary drainage and erosion control requirements, dust control procedures, restrictions on truck and other construction traffic routes, noise abatement procedures, storage of materials and equipment, removal of garbage, trash, and refuse, securing the job site to prevent injury, and similar matters.

1. 15. Final Acceptance of Works of Improvement. After Subdivider' s contractor has completed all of the Works of Improvement, Subdivider shall then request a final inspection of the work. If items are found by the City's inspectors to be incomplete or not in compliance with this Agreement or any of the requirements contained or referenced herein, City will inform the Subdivider or its contractor of such items. After the Subdivider' s contractor has completed these items, the procedure shall then be the same as specified above for the Subdivider' s contractor' s initial request for final inspection. If items are found by City' s inspectors to be incomplete or not in compliance after two ( 2) " final" inspections, the City may require the Subdivider or its contractor, as a condition to performing further field inspections, to submit in writing a detailed statement of the work performed subsequent to the date of the previous inspection which was found to be incomplete or not in compliance at that time. Subdivider shall be responsible for payment to City Engineer of re-inspection fees in the amount necessaryto cover the City's costs for additionalfinal inspections, as determined by the City Engineer.

No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by the City Engineer is made. The City Engineer shall make a certification of completion and acceptance on the Works of Improvement by recordation of a Notice of Acceptance on behalf of the City.

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

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

1.16. Vesting of Ownership. Upon recordation of the Notice of Acceptance, ownership of the Works of Improvement shall vest in the City.

1. 17. Subdivider' s Obligation to Warn Public During Construction. Until recordation of the Notice of Acceptance, Subdivider shall give good and adequate warning to the public of any dangerous condition of the Works of Improvements, and shall take reasonable actions to protect the public from such dangerous condition. Until recordation of the Notice of Acceptance, Subdivider shall provide forty- eight ( 48) hours' advance written notice to all 01225. 0006/ 369377. 1 4 of 19
neighboring property owners and tenants affected by Subdivider' s operations or construction of the hours, dates and duration of any planned construction activities.

1. 18. Injury to Public Improvements, Public Property or Public Utility. Until recordation of the Notice of Acceptance of the Works of Improvement, Subdivider assumes responsibility for the care and maintenance of, and any damage to, the Works of Improvements. Subdivider shall replace or repair all Works of Improvements, public property, public utility facilities, and surveying or subdivision monuments and benchmarks which are destroyed or damaged for any reason, regardless whether resulting from the acts of the Subdivider, prior to the recordation of the Notice of Acceptance. Subdivider shall bear the entire cost of such replacementor repairs regardless of what entity owns the underlying property. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer.

Neither the City, nor any officer or employee thereof, shall be liable or responsible for any accident, loss or damage, regardless of cause, occurring to the work or Works of Improvements prior to recordation of the Notice of Acceptance of the work or improvements.

2. Time for Performance.

2. 1. Commencement and Completion Dates. Subject to Sections 2. 2 and 2. 3 below, 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 hereunder may be extended by up to three ( 3) additional one-year periods. Extensions shall be executed in writing by the City Engineer. The City Engineer in his or her sole discretion determines whether or not the Subdivider has established good cause for an extension. As a condition of such extension, the City Engineer may require Subdivider to furnish new security guaranteeing performance of this Agreement, as extended, in 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, Citymayapplythestandardsin effectatthetimeoftheextension.

2. 2. Phasing Requirements. Notwithstanding the provisions of Section 2. 1, the City reserves the right to control and regulate the phasing of completion of specific Works of Improvement as required to comply with applicable City ordinances, regulations, and rules relating to the timely provision of public services and facilities. In addition to whatever other remedies the City may have for Subdivider' s failure to satisfy such phasing requirements, as the same now exist or may be amended from time to time, Subdivider acknowledges City' s right to withhold the issuance of further building permits on the Property until such phasing requirements are satisfied. Prior to issuance of building permits, Subdivider shall provide satisfactory evidence that all applicable requirements that are a condition to issuance of building permits have been satisfied. Such requirements may include the payment of fees, construction of improvements, or both. Final inspections or issuance of Certificates of Occupancy may be withheld from the Subdivider by the City, if, upon a determination by the City Engineer, completion of specific Works of Improvements or other requirements associated with the development of the Property have not been completed to the City Engineer' s satisfaction.
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2. 3. Force Majeure. Notwithstanding the provisions of Section 2. 1, Subdivider' s time for commencement and completion of the Works of Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikes, lockouts, acts or failures to act of a public agency ( including City), required changes to the scope of work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than five ( 5) days prior to City's receipt of a written notice from Subdivider or its contractor detailing the grounds for Subdivider's claim to a right to extend its time for performance hereunder. The City Engineershall evaluateall claims to Force Majeure and the City Engineer' s decision shall be final.

2. 4. Continuous Work. After commencement of construction of the Works of Improvement ( or separate portion thereof), Subdivider shall cause such work to be diligently pursued to completion, and shall not abandon the work for a consecutive period or more than thirty (30) days, events of Force Majeure excepted.

2. 5. Reversion to Acreage. In additionto whatever other rights City may have due to Subdivider's failure to timely perform its obligationshereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Section 66499. 11 through Section 66499. 20. 1. 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, whichever is the later, and if City thereafter initiates proceedings to revert the Property 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 Subdivider shall not be considered in determining City's authority to revert the Property to acreage.

3. Labor.

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

3. 2. Nondiscrimination. In accordance with the California Fair Employment and Housing Act (" FEHA"), California Government Code Section 12940 et seq., Subdivider agrees that Subdivider, its agents, employees, contractors, and subcontractor performing any of the Works of Improvement shall not discriminate, in any way, against any person on the basis of race, ethnicity, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Subdivider shall expressly require compliance with the provisions of this Section in all agreements with contractors and subcontractors for the performance of this Agreement. 01225. 0006/ 369377. 1 6 of 19

3. 3. Licensed Contractors. Subdivider shall cause all of the Works of Improvement to be constructed by contractors and subcontractors with valid California Contractors' licenses for the type of work being performed. All of Subdivider' s contractors and subcontractors shall obtain a valid City of Chino business license prior to performing any work pursuant to this Agreement. Subdivider shall provide the City Engineer with a list of all of its contractors and subcontractors prior to initiating any work, and all valid Contractor' s licenses and business licenses issued thereto as a condition of constructing the Works of Improvements.

3. 4. Worker' s Compensation. Subdivider shall cause every contractor and subcontractor performing any of the Works of Improvementto carry Workers' Compensation Insuranceas required by the Labor Code of the State of California and shall cause each such contractor and subcontractor to submit to City a Certificate of Insurance verifying such coverageprior to such contractoror subcontractorentering onto the job site.

4. Security.

4. 1. Required Security.
a) At the time Subdivider executes this Agreement, Subdivider shall furnish to City the following bonds, letters of credit, instruments of credit ( assignment of deposit account) or other security acceptable to City in its sole and absolute discretion and satisfying the requirements of the applicable provisions of this Section 4 below ( hereinafter " Security Instruments"):
i) A Security Instrumentsecuring Subdivider's faithful performance of all of the Works of Improvement (" Faithful Performance Security Instrument"), in the amount of $ 479, 000. 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 239, 500. 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 12, 947. 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 $ 47, 900. 00 01225. 0006/ 369377. 1 7 of 19
equal to 10% of the estimated construction cost set forth in Section 1.1 or a suitable amount determined by the City Engineer.

4. 2. Form of Security Instruments. All Security Instruments shall be in the amounts required under Section 4. 1 ( a) or 4. 1( b), as applicable, shall meet the following minimum requirementsandotherwiseshallbe ina formprovidedbyCityor otherwiseapprovedbythe City Attorney:
a) Bonds. For SecurityInstrumentsprovidedin the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transactsuretybusinessin the Stateof California. Any insurancecompany acting as surety shall have a minimum rating of A-IX, as rated by the current editionof Best's KeyRatingGuidepublishedby A.M. Best's Company, Oldwick, NewJersey, 08858. Any bankactingas suretyshall have a minimumratingof AA, as rated by Moody' s or Standard & Poor' s.
b) Letters of Credit. For Security Instrumentswhich are letters of credit, any letter of credit shall be an original separate unconditional, irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the City Engineer of the City that 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 any such letter of creditand shall further be subject to the provisions of Section 4. 4.
c) Instrument of Credit. For Security Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to City all of Subdivider' s interest in funds on deposit in one or more bank 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 Instrument shall provide that changes may be made in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and without affecting the obligations under such Security Instrument. 01225. 0006/ 369377. 1 8 of 19
iv) If the Subdividerseeks to replace any security with another security, the replacement shall: ( 1) comply with all the requirements for security in this Agreement; ( 2) be provided by the Subdivider to theCityEngineer; and (3) uponitswrittenacceptancebytheCity Engineer, be deemed a part of this Agreement. Upon the City Engineer' 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 City to realize on its security under any Security Instrument, Subdivider agrees to cooperate with City to facilitate City's realization under any Security Instrument, and to take no action to preventCityfromsuchrealizationofanySecurityInstrument. Notwithstandingthegivingofany SecurityInstrumentorthesubsequentexpirationof anySecurityInstrumentor anyfailureby any surety or financial institution to perform its obligations with respect thereto, Subdivider shall be personally liable for performanceunderthis Agreement and for payment of the cost of the laborand materialsfor the improvementsrequiredto be constructedor installedhereby and shall, within ten ( 10) days after written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 4.

4. 4. Letters of Credit.
a) In the event a letter of credit is given pursuant to Section 4. 2( b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit expiring in not less than one ( 1) year, unless City agrees to a lesser term in City's sole and absolute discretion) is not delivered not less than thirty (30) days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit delivered hereunder, issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit. b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Subdivider. If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as provided in the foregoing. Subdivideragrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein, and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City's security interest in such account.

4. 5. Release of Security Instruments. The City shall release all Security Instruments consistent with Government Code Sections 66499. 7 and 66499. 8, Section 19. 09. 010 of the Chino Municipal Code, and as follows:-
a) City shall release the Faithful Performance Security Instrument and Labor and Materials Security Instrument when all of the following have occurred:
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i) Subdividerhasmadewrittenrequestfor releaseandprovided evidence of satisfaction of all other requirements in this Section 4.5; ii) the Works of Improvement have been accepted;
iii) Subdividerhas deliveredthe Maintenanceand Warranty Security Instrument; and
iv) after passage of the time within which lien claims are required to be made pursuant to Title 3 (commencingwith Section 9000) of Part 6 of Division4 of the Civil Code of the State of California. If lien claims have been timely filed, City shall hold the Labor and Materials Security Instrumentuntil such claims have been resolved, Subdivider has provided a statutory bond, or otherwise as required by applicable law.
b) Cityshallreleasethe MaintenanceandWarrantySecurityInstrumentupon 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 responsible for payment of all costs incurred for construction and installation of the Works of Improvement. In the event Subdivider is entitled to reimbursement from City for any of the Works of Improvement, such reimbursement shall be subject to a separate Reimbursement Agreement to be entered into between Subdivider and City prior to construction of the Works of Improvement.

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

Subdivider shall compensate City for all of City's costs reasonably incurred in having its authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Subdivider shall compensate City for all design, plan check, evaluating any proposed or agreed- upon changes in the work. The procedures for deposit and payment of such fees shall be as established by the City. In no event shall Subdivider be entitled to additional inspections or a final 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. Payment of Development ImpactFees. 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 resolutionor resolutionsaccepting all offers of dedication shown on the Map for the Property, with acceptance to become effective upon completionand acceptance by City of the Works of 01225. 0006/ 369377. 1 10 of 19
Improvement. Suchresolution(s) shallauthorizetheCityClerktoexecutetheCertificatemade a part of the Map regardingsaid acceptanceof the offer of dedication.

7. Warranty of Work. Subdivider shall guarantee all Works of Improvement against defective materials and workmanship for a period of one ( 1) year from the date of final acceptance.

If anyof theWorksof Improvementshouldfail or provedefectivewithinsaidone 1) yearperiodduetoanyreasonotherthanimpropermaintenance, or if anysettlementoffill or backfill occurs,
or shouldany portionof the Worksof Improvementfail to fulfill any requirements of the Plans, Subdivider, within fifteen ( 15) days after written notice of such defects, orwithinsuchshortertimeasmayreasonablybedeterminedbytheCityintheevent of emergency, shallcommenceto repairor replacethe sametogetherwithanyotherwork which may be damaged or displaced in so doing. Should Subdivider fail to remedy defective materialand/or workmanshipor make replacementsor repairswithin the periodof time set forth above, City may make such repairs and replacementsand the actual cost of the required laborandmaterialsshallbechargeableto andpayablebySubdivider. Thewarrantyprovided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law.

8. Default.

8. 1. Default by 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 performsubstantialconstruction work for a period for 20 consecutive calendar days after commencement of the work; d) Subdivider' s insolvency, appointment of a receiver, or the filing of any petition in bankruptcy, either voluntary or involuntary, which Subdivider fails to discharge within 30 days;
e) The commencement of a foreclosure action against the subdivision or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or f) Subdivider' s failure to perform any other obligation under this Agreement.

8. 2. Remedies. The City reserves all remedies available to it at law or in equity for a default or breach of Subdivider's obligations under this Agreement. The City shall have the right, subjecttothisSection, todrawuponorusetheappropriatesecurityto mitigatetheCity'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 thecostof completingthe requiredimprovements. TheCitymayusethe sumsprovidedbythe securitiesfor the completionof the Works of Improvementin accordancewith the plans. In the 01225. 0006/ 369377. 1 11 of 19
eventthe Subdividerfailsto cureanydefaultunderthisAgreementwithin20 daysafterthe 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, plansandotherpropertythatareat theworksiteandthatare 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.

Subdividerspecifically recognizesthat the determinationof whether a reversion to acreage or rescissionof the Subdivisionconstitutesan adequateremedyfor defaultby the Subdivider shall be within the sole discretionof the City.

8. 4. Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, the Subdivider agrees that the choice of remedyor remediesforSubdivider's breachshallbeinthediscretionof theCity. Additionally, anyremedyspecificallyprovidedinthisAgreementshallbein additionto, andnotexclusiveof, City's rightto pursueany other administrative, legal, or equitableremedyto which it may by 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 reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment.

8. 6. Waiver. No waiver by the City of any breach or default by the 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. Subdividerfurtheragreesto protect, defend, indemnifyand holdharmlessCity, its officials, boardsand commissions, and membersthereof, agents, and employeesfrom any andall claims, demands, causesof action, liabilityor lossof 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
in the performance of this Agreement, except for such claims, demands, causes of action, liability or loss arising out of the sole active negligence of the City, its officials, boards, commissions, the members thereof, agents and employees, including all claims, demands, causesof action, liabilityor lossbecauseof or arisingoutof, in wholeor in part, thedesignor constructionof the improvements. This indemnificationand agreement to hold harmless shall extendto injuriesto personsand damagesor takingof propertyresultingfrom the designor construction of said Subdivision, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the 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 the approvedimprovementplansor 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 thisparagraphshallremaininfullforceandeffectfor ten (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 Subdividerof 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 harmlessthe City. Nothingin this Sectionprohibitsthe 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 required to pay or perform any settlement unless the settlement is approved by the Subdivider. 01225. 0006/ 369377. 1 13 of 19

11. InsuranceRequirements. Subdivider, atSubdivider's solecostandexpenseandforthe fulltermof thisAgreementandanyextensionsthereto, shallobtainandmaintainall of the followingminimuminsurancerequirementsin a formapprovedby the City's authorized designeefor RiskManagementpriorto commencinganywork:
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 singlelimit for bodilyinjuryand propertydamage, providingall of the following minimum coverage without deductibles:
i) Coverage shall apply to any and all leased, owned, hired, or non- owned vehicles used in pursuit of any of the activities associated with this Agreement; and
ii) Any and all mobile equipment including cranes which are not covered under the above Commercial Business Auto policy shall have said coverage provided under the Commercial General Liability policy.
c) Workers Compensationand 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."
01225. 0006/ 369377. 1 14 of 19
iii) Prior to commencement of work, the Subdivider shall file with the City's Risk Manager a Certificate of Insurance or certification of permissionto self-insureworkers' compensationconformingto the requirements of the Labor Code.
d) Endorsements. All of the following endorsements are required to be made a part of each of the above-required policies as stipulated below:
i) " 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 insuranceshall act for each insured and additional insured as though a separate policy has been written for each. This, however, will notactto increasethelimitofthe insuringcompany."
iv) " Thirty (30) dayspriorwrittennoticeof cancellationshallbegivento the City of Chino in the event of cancellation and/or reduction in coverage, except that ten ( 10) dayspriorwrittennoticeshall apply in the event of cancellation for non- payment of premium." Such notice shall be sent to the Risk Manager at the address indicated in Subsection f below.
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

12. Environmental Warranty.

12. 1. Prior to the acceptanceof any dedicationsor Works of Improvementby City, Subdivider shall provide City with a written warranty in a form substantially similar to Exhibit C" attached hereto and incorporated herein by reference, that:
a)
Neitherthe propertyto be dedicatednor Subdividerare in violationof any environmental law, and neither the property to be dedicated nor the Subdivider are subject to any existing, pending or threatened investigation by any federal, state or local governmental authority under or in connection with the environmental laws relating to the property to be dedicated. b) NeitherSubdivider nor any other personwith Subdivider's permission to be upon the property to be dedicated shall use, generate, manufacture, produce, or release, on, under, or about the property to be dedicated, any Hazardous Substance except in compliance with all applicable environmental laws. For the purposes of this Agreement, the term " HazardousSubstances" shall meanany substanceor materialwhichis capableof posinga risk of 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. Subdividershall give prompt written noticeto City of:
a) Any proceeding or 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 property to be dedicated relating to any loss or injury resulting from any hazardous substance; and
d) Subdivider's discoveryof any occurrenceor conditionon any property adjoining or in the vicinity of the property to be dedicated that could cause the 01225. 0006/ 369377. 1 16 of 19
propertytobededicatedoranypartthereoftobesubjecttoanyrestrictionsonits ownership, occupancy, useforthepurposeforwhichit isintended, transferabilityor suit under any environmental law.

13. General Provisions.

13. 1. SuccessorsandAssigns. ThisAgreementshallbe bindinguponall successors andassignstoSubdivider's right, title, andinterestinandtothePropertyandanyportionthereof. Subdividerherebyconsentsto City recordingthis Agreementas officialrecordsof SanBernardinoCounty, affectingfeetitleinteresttothePropertytoprovideconstructivenotice 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 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 acknowledgethe transfer of fee title to the Property from the Subdivider to its Replacement Subdivider, and to acknowledgethe 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. 2. No Third- Party Beneficiaries. This Agreement is intended to benefit only the parties hereto and their respective successorsand 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 respect to any change in any zoning or building law or ordinance.

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

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

13. 6. Notices. Unless otherwise specified in this Agreement, all notices required or 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. 0006/ 369377. 1 17 of 19
Notice shall be provided to the persons listed on Pages 1 and 2 of this Agreement by the parties for this purpose.

Eitherparty may providea new designatedrepresentativeand/or addressby written notice as provided in this Section.

13.7. NoApportionment. Nothingcpntainedin this Agreementshall precludeCity from expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering into agreements with other subdividers for the apportionment of costs of water and sewer mains,
or other improvementspursuantto the provisionsof the City ordinances providing therefore. Nor shall anything in the Agreement commit City to any such apportionment.

13. 8. Severability. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unlessamended or modifiedby mutual written consentof the parties.

13.9. Captions. ThecaptionsofthisAgreementareforconvenienceandreferenceonly and shall not be used in the interpretation of any provision of this Agreement.

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

13.11. Interpretation. This Agreementshall be interpretedin 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 negotiationsand previousagreementsbetweenthe partieswith respectto all or part of the subject matter hereof, except as may be expressly provided herein. All waivers of the provisionsof 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 executingthisAgreement, suchpartyis formally bound to the provisions of this Agreement, and (iv) the entering into of this Agreement does not violate any provisionsof any other agreementto which said party is bound.

SIGNATURES ON NEXT PAGE]
01225. 0006/ 369377. 1 18 of 19
IN WITNESS WHEREOF, the City and the Subdivider have caused this Agreement to be executed the day and year first above written.

APPROV D AS TO FORM: APPR VED AS TO CONTENT:

A,
r
Fred Galante, City Attorney Nicholas S. ig ori, AICP
Director of Development Services
RICHMON! AMERI HOMES:__ __
By: JdIAJd43" II'
ignature a d Date)
Name: SoNbRM H6eRIS
Please type or print name)
Title: VICE PoESt i, EN 1"
Please type or print title)

CITY OF CHINO
Matthew al nt , City Manager
Dated: 3 20. 11
ATTEST:

B C C._.)
Ange Robles,-City Clerk
Dated: 3 • ato • a
01225. 0006/ 369377. 1 19 of 19

CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT
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 satisfactoryevidenceto betheperson(s)whosename(s) is/aresubscribedto thewithininstrumentandacknowledgedto methathe/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 underPENALTY OF PERJURYunderthelawsof the Stateof Californiathat the foregoing paragraph is true and correct.

WITNESS my n nd official seal.
f Notary Public- California
Orange County
Commission 2195522
Signature)
u.'
MyComm.ExpiresMay5,2021
Affix Seal)
EXHIBIT " A"
TRACT MAP 18479 LEGAL DESCRIPTION
Legaldescription is pending the final recordationof Tract Map No. 18479with the San Bernardino County Recorder' s Office.
01225. 0006/ 369377. 1 A- 1
EXHIBIT " B"
TRACT MAP 18479 WORKS OF IMPROVEMENT
A. Removalof undesirable, dangerousanddeadplantmaterialsandroots.

B.

Relocationof all publicutilitystructuresas necessaryto properlyconstructthe required improvements.

C. Disposalof all rocksanddebrislocatedwithinanypublicright-of-waywithinsaid development or on the boundary streets thereof.

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

E. Installationof asphaltconcreteor PortlandCementConcretestreet pavementon basematerialasshownonapprovedconstructionplansandinaccordancewithCity Standards.

F. Street signs at intersectionsper 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 completethe improvementsin accordancewith the plans and specifications on file as hereinbeforespecified, 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
EXHIBIT " C"
TRACT NO. 18479

RICHMOND AMERICAN HOMES

ENVIRONMENTAL WARRANTY
As a condition precedent to acceptance of the dedications and public improvementsto be conveyedby the above-namedSubdividerto the Cityof Chinofor theabove-referencedSubdivision, Subdividerherebywarrantsto the Cityof Chinothat:

1. Neitherthe propertyto be dedicatednorSubdividerare in violationof any environmental law, and neither the property to be dedicated nor the Subdivider are subjectto any existing, pending or threatenedinvestigationby any federal, state or local governmentalauthorityunderor in connectionwiththe environmentallawsrelatingto the property to be dedicated.

2. NeitherSubdividernor any otherpersonwith Subdivider'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 anyfederal, 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 dedicatedor the migrationof any hazardoussubstancefrom 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 personsexecutingthiswarrantyherebyrepresentandwarrantto the Cityof Chino, and Subdivider hereby represents and warrants, that the signators hereto have the legal power, right and authority to execute this warranty on behalf of the Subdivider and thatthe 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 otherpartyis 01225. 0006/ 369377. 1 C- 1
requiredto executethis warrantyand makethe representationshereinon behalfof the Subdividerto the City of Chino.

Eachof the undersignedpersonsdeclaresunderpenaltyof perjurythat the foregoing is true and correct.

Dated: 3I 1
I
SUBDIVIDER*
By:

RIC • AMERICAN HOMES
Proof of authorizationfor Subdivider's signatures is requiredto be submitted concurrently with this environmental warranty.
01225. 0006/ 369377. 1 C- 2

EXECUTEDINTRIPLICATE)
Bond No.: 1074986
Contract No.:

Approved:

FAITHFULPERFORMANCEBOND
Tract Map No. 18479
WHEREAS,theCityCounciloftheCityofChino, StateofCalifornia, hereinafterdesignatedas"CITY"andRICHMOND AMERICAN HOMES,* hereinafter designated as " PRINCIPAL," have entered into an agreement wherebyPrincipalagreestoinstallandcompletecertaindesignatedpublicimprovements, whichsaidagreement, datedFebruary5th,2019,andidentifiedasProjectNo. TractMapNo. 18479, isherebyreferredtoandmadeaparthereof; and of Maryland, Inc.

WHEREAS, saidPrincipalisrequiredunderthetermsofsaidagreementtofurnishabondforthefaithfulperformance of said agreement.

NOW, THEREFORE, we, the Principal and The Hanover Insurance Company as surety, are heldandfirmlybounduntotheCityofChinointhepenalsumofFourHundredSeventy-NineThousandDollars479,000.00) lawfulmoneyoftheUnitedStates,forthepaymentofwhichsumwellandtrulytobemade,webindourselves,ourheirs, successors, executors, andadministrators,jointlyandseverally, firmlybythesepresents.

Theconditionofthisobligationissuchthatif theabove-boundPrincipal, hisor itsheirs, executors, administrators,successors,orassigns,shallinallthingsstandtoandabideby,andwellandtrulykeepandperformthecovenants, 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, extension of time,alteration, or additionto the termsof the agreementorto the workor to the specifications.

INWITNESSWHEREOF, thisinstrumenthasbeendulyexecutedbyPrincipalandSuretyabovenamed, on March 5 , 2019
The Hanover Insurance CompanyP CIPAL SURETY
By. By: .----
Kathleen . Freund, Attorney- in- Fact

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

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, 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 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.

RHONDA HARPER
Notary Public- California
WITNESS my hand and official seal. Orange County z
z \ Z7.
9 Commission# 2151999
MyCoy
resm.Expi May 30_2020
gnature) Affix Seal)

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 8 20064038639
My Commission Expires 09-22- 2022
No ary Public
My Commission Expires:

September 22, 2022

THE HANOVER INSURANCE COMPANY

MASSACHUSETTS BAY INSURANCE COMPANY

CITIZENS INSURANCE COMPANY OF AMERICA

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,contracts of indemnity or other writings obligatory in the nature thereof, as follows:

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. y,,,,,
k, THEHANOVERINSURANCECOMPANY
ifi. MASSACHUSETTSBAYINSURANCECOMPANY
z
M
lay,

40. `''
mas, Vice President

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.

BARBARAA. GARLICK
7 Notary Public
Commonwealth of MassadwsNls
77 MyCommission Expitis Sept, 21, 2018 t
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

CITIZENSINSURANCECOMPANYOFAMERICA
6nMargosian,Vice President

EXECUTEDIN TRIPLICATE)
Bond No.: 1074986
Contract No.:

Approved:

LABOR AND MATERIAL BOND
Tract Map No. 18479
WHEREAS,theCityCounciloftheCityofChino, StateofCalifornia, hereinafterdesignatedas"CITY"andRICHMOND AMERICAN HOMES,' hereinafter designated as " PRINCIPAL," have entered into an agreement wherebyPrincipalagreestoinstallandcompletecertaindesignatedpublicimprovements, whichsaidagreement,datedFebruary5th,2019, andidentifiedasProjectNo. TractMapNo. 18479, isherebyreferredtoandmadeaparthereof; and of Maryland, Inc.

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

NOW, THEREFORE, saidPrincipalandtheundersigned, ascorporatesurety, areheldandfirmlybounduntotheCityofChino, andallcontractors, subcontractors, laborers,material, men, andotherpersonsemployedintheperformanceoftheaforesaidagreementandreferredtointheaforesaidCodeofCivilProcedureinthesumofTwo Hundred Thirty- Nine Thousand Five Hundred Dollars($ 239,500.00)formaterialsfurnishedorlaborthereonof anykind, orforamountsdueundertheUnemploymentInsuranceActwithrespecttosuchworkorlabor, thatsaidsuretywillpaythesameinanamountnotexceedingtheamounthereinabovesetforth, andalsoincasesuitis broughtuponthisbond, willpay, inadditiontothefaceamountthereof, costsandreasonableexpensesandfees,includingreasonableattorneys'fees, incurredbyCityinsuccessfullyenforcingsuchobligation, tobeawardedandfixedbythecourt, andtobetaxedascostsandtobeincludedinthejudgmentthereinrendered.

Itisherebyexpresslystipulatedandagreedthatthisbondshallinuretothebenefitofanyandallpersons,companies, andcorporationsentitledtofileclaimsunderTitle15 (commencingwithSection3082) ofPart4of Division3oftheCivilCode, soastogivearightofactiontothemortheirassignsinanysuitbroughtuponthisbond.

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

Thesuretyherebystipulatesandagreesthatnochange, extensionoftime, alteration, oradditiontothe termsoftheagreementorthespecificationsaccompanyingthesameshallinanywayaffectitsobligationsonthisbond,anditdoesherebywaivenoticeofanysuchchange, extensionoftime, alteration,oraddition.

INWITNESSWHEREOF, thisinstrumenthasbeendulyexecutedbyPrincipalandSuretyabovenamed,on March 5 , 2019 TheHanoverInsuranceCompanyI CIPAL SURETY
By: By:

KathleenK. Freund, Attorney-in-Fact

SIGNATURE( S) MUST BE NOTARIZED
Document No. 16354( PWFORMS\ BONDS- L& Mkev. 04/ 2017)

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)

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

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

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

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)

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

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:

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, 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

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

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