Exhibit B - Fully Executed SIA TM 19953 — Chino City Council, July 16, 2024

SUBDIVISIONIMPROVEMENTAGREEMENT
between

CITY OF CHINO
and

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

SUBDIVISIONIMPROVEMENTAGREEMENTBETWEEN

THE CITY OF CHINO
AND

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

Security:

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

CITY: SUBDIVIDER:

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

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

TABLE OF CONTENTS

1. Construction Obligations 1

1. 1 Works of Improvement

1. 2
OtherObligationsReferencedinConditionsofTentativeMapApproval

1. 3 Intent of Plans

1. 4 Survey Monuments

1. 5 Performance of Work

1. 6 Changes in the Work

1. 7 Defective Work

1. 8 No Warranty by City

1. 9 Authority of the City Engineer

1. 10 Documents Available at the Site

1. 11 Inspection

1. 12 Compliance with Law; Applicable Standards for Improvements

1. 13 Suspension of Work

1. 14 Erosion and Dust Control and Environmental Mitigation

1. 15 Final Acceptance of Works of Improvement

1. 16 Vesting of Ownership

1. 17 Subdivider's Obligationto Warn PublicDuringConstruction

1. 18 Injuryto PublicImprovements, PublicPropertyor PublicUtility

2. Time for Performance 5

2. 1 Commencement and Completion Dates

2. 2 Phasing Requirements

2. 3 Force Majeure

2. 4 Continuous Work

2. 5 Reversion to Acreage

3. Labor 6

3. 1 Labor Standards

3. 2 Nondiscrimination

3. 3 Licensed Contractors

3. 4 Workers' Compensation

4. Security 7

4. 1 Required Security

4. 2 Form of Security Instruments

4. 3 Subdivider' s Liability

4. 4 Letters of Credit

4. 5 Release of Security Instruments

5. Cost of Construction and Provision of Inspection Service 10

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

5. 2
PaymenttoCityforCostofRelatedInspectionandEngineeringServices5. 3 Payment of Development Impact Fees

6. Acceptance of Offers of Dedication 10

7. Warranty of Work 11

8. Default 11

8. 1 Default by Subdivider

8. 2 Remedies

8. 3 Notice of Violation

8. 4 Remedies Not Exclusive

8. 5 Attorney' s Fees and Costs

8. 6 Waiver

9. Indemnity/ Hold Harmless 12

10. Subdivider' s Indemnity of Project Approval 13

11. Insurance Requirements 14

12. Environmental Warranty 16

13. General Provisions 17

13. 1 Successors and Assigns

13. 2 No Third- Party Beneficiaries

13. 3 No Vesting Rights

13. 4 Subdivider is Not Agent of City

13. 5 Time of the Essence

13. 6 Notices

13. 7 No Apportionment

13. 8 Severability

13. 9 Captions

13. 10 Incorporation of Recitals

13. 11 Interpretation

13. 12 Entire Agreement; Waivers and Amendments

13. 13 Counterparts

14. Authority 18
01225. 0006/ 369377. 1

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

RECITALS
A.

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

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

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

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

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

1. Construction Obligations.

1. 1. Works of Improvement. Subdivider agrees, at its sole cost and expense, to constructor install, or causeto be constructedor installedthe street improvementsmorefully described in Exhibit " B" attached hereto ( the " Works of Improvement"), as the same may be supplemented and revised from time to time as set forth in this Agreement ( said plans and specifications, together with all related documents, the " Plans"). The estimated construction cost for the Works of Improvement is $ 66, 480. 00.
01225. 0006/ 369377. 1 1 of 19

1. 2. Other Obligations Referenced in Conditions of Tentative Map Approval. In addition to the foregoing, Subdivider shall satisfy all of the Conditions on the Map for the Property. The Conditions associated with the Map are included in Exhibit " B" attached hereto.

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

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

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

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

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

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

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

1. 8. No Warranty by City. The Plansfor the Works of Improvementhave been preparedbyoronbehalfofSubdivideror itsconsultantsorcontractors, andCitymakesno representationorwarranty, expressorimplied, toSubdividerortoanyotherpersonregardingthe adequacy of the Plans or related documents.

1. 9. Authority of the City Engineer.

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

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

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

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

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

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

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

1. 12.

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

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

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

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

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

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

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

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

1. 18.

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

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

2. Time for Performance.

2. 1. Commencement and Completion Dates. Subject to Sections 2. 2 and 2.3 below, Subdividershall (i) commencewith constructionand installationof the Worksof Improvement thirty ( 30) days following City' s approval of the Plans (" Commencement Date"); and ( ii) complete or cause to be completed all of the Works of Improvementwithin two (2) years after the Commencement Date. Intheeventgoodcauseexistsasdeterminedby the CityEngineer, the time for commencement of construction or completion of the Works of Improvement hereundermay be extended by up to three (3) additionalone-year periods. Extensions shall be executed in writing by the City Engineer. The City Engineer in his or her sole discretion determineswhether or not the Subdivider has established good cause for an extension. As a conditionofsuchextension, theCityEngineermayrequireSubdividerto furnishnewsecurity guaranteeing performance of this Agreement, as extended, in an increased amount to compensatefor any increasein constructioncosts as determinedby the City Engineer. If Subdivider requests and is granted an extension of time for completion of the improvements, City may apply the standards in effect at the time of the extension.

2. 2. Phasing Requirements. Notwithstanding the provisions of Section 2. 1, the City reserves the right to control and regulate the phasing of completion of specific Works of Improvement as required to comply with applicable City ordinances, regulations, and rules relating to the timely provision of public services and facilities. In addition to whatever other remediesthe City may have for Subdivider's failure to satisfy such phasing requirements, as the samenow exist or may be amendedfromtime to time, SubdivideracknowledgesCity's rightto withholdthe issuanceof furtherbuildingpermitson the Propertyuntil such phasing requirements are satisfied. Prior to issuance of building permits, Subdivider shall provide satisfactory evidence that all applicable requirements that are a condition to issuance of building permits have been satisfied. Such requirements may include the payment of fees, construction of improvements, or both. Final inspections or issuance of Certificates of Occupancymaybe withheldfrom the Subdividerby the City, if, upona determinationby the City Engineer, completion of specific Works of Improvements or other requirements associated with the developmentof the Property have not been completedto the City Engineer's satisfaction.
01225. 0006/ 369377. 1 5 of 19

2. 3. Force Majeure. Notwithstandingtheprovisionsof Section2.1, Subdivider's time forcommencementandcompletionoftheWorksof Improvementshallbeextendedforthe periodofanyenforceddelaycausedduetocircumstancesbeyondthecontrolandwithoutthefault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikes, lockouts, acts or failures to act of a public agency ( including City),required changes to the scope of work required by City, and similar causes; provided, however, thattheperiodofanyenforceddelayhereundershallnotincludeanyperiodlonger thanfive (5) dayspriorto City's receiptof a writtennoticefromSubdivideror its contractor detailingthegroundsfor Subdivider's claimto, a rightto extendits timefor performance hereunder.

TheCityEngineershallevaluateall claimsto ForceMajeureandtheCityEngineer' s decision shall be final.

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

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

3. Labor.

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

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

3. 3. Licensed Contractors. Subdividershallcauseall of theWorksof Improvementto beconstructedbycontractorsandsubcontractorswithvalidCaliforniaContractors' licensesfor the type of work being performed. All of Subdivider's contractorsand subcontractorsshall obtaina validCityof Chinobusinesslicensepriorto performinganyworkpursuantto this Agreement. SubdividershallprovidetheCityEngineerwitha listofallof itscontractorsand subcontractorspriorto initiatinganywork, andall validContractor's licensesandbusiness licensesissuedtheretoasaconditionofconstructingtheWorksofImprovements.

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

4. Security.

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

This Agreementshall not be effective for any purpose until such Security Instruments are supplied to and approved by City in accordance herewith. b) Required Security Instrument for Maintenance and Warranty. Prior to the City Council' s acceptance of the Works of Improvement and recordation of a Noticeof Completion, Subdividershall delivera SecurityInstrumentwarranting the work accepted for a period of one ( 1) year following said acceptance Maintenance and Warranty Security Instrument"), in the amount of $ 6, 648. 00 01225. 0006/ 369377. 1 7 of 19
equal to 10% of the estimatedconstructioncost set forth in Section1.1 or a suitable amount determinedby the City Engineer.

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

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

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

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

4. 5. Release of Security Instruments. The City shall release all Security Instruments consistent with Government Code Sections 66499. 7 and 66499. 8, Section 19. 09. 010 of the Chino Municipal Code, and as follows:
a) City shall release the Faithful PerformanceSecurity Instrument and Labor and Materials Security Instrument when all of the following have occurred:
01225. 0006/ 369377. 1 9 of 19
i)
Subdividerhasmadewrittenrequestforreleaseandprovided
evidenceofsatisfactionofallotherrequirementsinthisSection4.5; ii) the Works of Improvementhave been accepted;
iii)
Subdividerhasdeliveredthe MaintenanceandWarrantySecurity Instrument; and iv) after passageof the time within which lien claims are required to bemadepursuantto Title3 (commencingwithSection9000) of Part6 ofDivision4 oftheCivilCodeoftheStateofCalifornia. Iflien claims have been timely filed, City shall hold the Labor and MaterialsSecurityInstrumentuntilsuchclaimshavebeenresolved, Subdividerhasprovideda statutorybond, or otherwiseas required by applicable law.
b) CityshallreleasetheMaintenanceandWarrantySecurityInstrumentupon Subdivider' s written request upon the expiration of the warranty period, and settlementof any claims filed duringthe warranty period. c) The City may retain from any security released, an amount sufficient to covercostsandreasonableexpensesandfees, includingreasonableattorney's fees.

5. Cost of Construction and Provision of Inspection Service.

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

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

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

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

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

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

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

8. Default.

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

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

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

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

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

8. 5. Attorney' s Fees and Costs. In the eventthat Subdividerfails to performany obligationunderthisAgreement, Subdivideragreesto payallcostsandexpensesincurredby City in securing performance of such obligations, including costs of suit and reasonable attorney' s fees. In the event of any dispute arising out of Subdivider's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailingpartyin such action, in additionto any otherreliefwhichmay be granted, shall be entitled to recover its reasonable attorney' s fees and costs. Such attorney' s fees and cost shallincludefees andcostson any appeal, and in additiona partyentitledto attorney's fees and costs shall be entitled to all other reasonablecosts incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment.

8. 6. Waiver. No waiver by the City of any breach or default by the Subdivider shall be consideredvalid unless in writing, and no suchwaiver by the City shall be deemed a waiver of any subsequent breach or default by the Subdivider.

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

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

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

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

10. Subdivider's Indemnityof ProjectApproval. Subdividershall defend, indemnify, and hold harmless the City and its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning the Subdivision. The City shall promptly notify the Subdivider of any claim, action, or proceedingand cooperatefully in the defense of any such claim, action, or proceeding. In the event City fails to promptly notify the Subdivider of any claim, action, or proceeding, or if the City fails to cooperate in the defense, the Subdivider shall not thereafter be responsible to defend, indemnify, or hold harmless the City. Nothing in this Section prohibits the City from participatingin the defense of any claim, action, or proceeding if City bears its own attorney's fees and costs and defends the action in good faith. Subdividershall not be required to pay or perform any settlement unless the settlement is approved by the Subdivider. 01225. 0006/ 369377. 1 13 of 19

11. InsuranceRequirements. Subdivider, atSubdivider'ssolecostandexpenseandforthe fulltermofthisAgreementandanyextensionsthereto, shallobtainandmaintainallofthe followingminimuminsurancerequirementsin a formapprovedbytheCity's authorizeddesigneeforRiskManagementpriortocommencinganywork:
a) Commercial General Liability policy with a minimum $ 1 million combined singlelimitforbodilyinjuryandpropertydamageprovidingallofthefollowing minimum coverage without deductibles:
i) Premisesoperations; includingX, C, and U coverage; ii) Owners' and contractors' protection;
iii) Blanket contractual;
iv) Completed operations; and
v) Products.
b) Commercial Business Auto policy with a minimum $ 1 million combined singlelimitfor bodilyinjuryandpropertydamage, providingall of thefollowing minimum coverage without deductibles:
i) Coverage shall apply to any and all leased, owned, hired, or non- owned vehicles used in pursuit of any of the activities associated with this Agreement; and
ii) Any and all mobile equipment including cranes which are not coveredunderthe aboveCommercialBusinessAuto policy shall have said coverage provided under the Commercial General Liability policy.
c) Workers Compensationand Employers' Liability policy in accordance with the laws of the State of Californiaand providingcoveragefor any and all employees of the Subdivider:
i) This policy shall provide coverage for Workers' Compensation Coverage A); and
i) This policy shall provide coverage for $ 1, 000, 000 Employers' Liability ( Coverage B).
ii) Pursuant to Labor Code section 1861, Subdivider by executing this Agreement certifies: " I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract"
01225. 0006/ 369377. 1 14 of 19
iii) Priorto commencementof work, theSubdividershallfilewiththe City's RiskManagera Certificateof Insuranceor certificationof permissionto self-insureworkers' compensationconformingto the requirements of the Labor Code.
d) Endorsements. All ofthefollowingendorsementsarerequiredto bemade a part of each of the above-requiredpoliciesas stipulated below:
i) "
TheCityof Chino, itsofficers, employeesandagentsarehereby added as additional insureds."
ii) " This policy shall be considered primary insurance with respect to any other valid and collectibleinsurancethe City may possess, including any self- insuredretentionthe City may have and any other insurance the City does possess shall be considered excess insurance only."
iii) " This insurance shall act for each insured and additional insured as though a separate policy has been written for each. This, however, will notactto increasethe limitof theinsuringcompany."
iv) " Thirty (30) dayspriorwrittennoticeof cancellationshallbegivento the City of Chino in the event of cancellation and/ or reduction in coverage, exceptthat ten (10) dayspriorwrittennoticeshallapply in the event of cancellation for non- payment of premium." Such notice shall be sent to the Risk Manager at the address indicated in Subsection f below.
v) Subsection d( iv) hereinabove " Cancellation Notice" is the only endorsement required of the Workers' Compensation and Employers' Liability policy.
e) Admitted Insurers. All insurance companies providing insurance to the Subdivider under this Agreement shall be admitted to transact the business of insurance by the California Insurance Commissioner.
f) Proof of Coverage. Copies of all required endorsements shall be attached to the Certificate of Insurance which shall be provided by the Subdivider's insurance company as evidence of the coverage required herein and shall be mailed to:

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

12. EnvironmentalWarranty.

12. 1.

PriortotheacceptanceofanydedicationsorWorksof ImprovementbyCity,SubdividershallprovideCitywithawrittenwarrantyina formsubstantiallysimilarto Exhibit C" attached hereto and incorporatedherein by reference, that:
a)
NeitherthepropertytobededicatednorSubdividerareinviolationofany environmentallaw, and neitherthe propertyto be dedicatednor the Subdivider aresubjectto anyexisting, pendingor threatenedinvestigationby anyfederal, state or local governmental authority under or in connection with the environmentallaws relatingto the propertyto be dedicated. b) NeitherSubdividernoranyotherpersonwithSubdivider's permissionto be uponthe propertyto be dedicatedshalluse, generate, manufacture, produce, or release, on, under, or about the property to be dedicated, any Hazardous Substanceexceptin compliancewith all applicableenvironmentallaws. For the purposes of this Agreement, the term " HazardousSubstances" shall meanany substanceor materialwhichis capableof posinga riskof injuryto health, safety or property, including all those materials and substances designated as hazardous or toxic by any federal, state or local law, ordinance, rule, regulation or policy, including but not limited to, all of those materials and substances defined as "Toxic Materials" in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30, as the same shall be amended from time to time, or any other materials requiring remediation under federal, state or local laws, ordinances, rules, regulationsor policies. c) Subdivider has not caused or permitted the release of, and has no knowledge of the release or presence of, any Hazardous Substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacentto, or in the vicinity of, the property to be dedicated. d) Subdivider' s prior and present use of the property to be dedicated has not resulted in the release of any hazardous substance on the property to be dedicated.

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

13. General Provisions.

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

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

13. 3. No Vesting Rights. Performance by the Subdivider of this Agreement shall not be construedto vest Subdivider's rights with 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. 00061369377. 1 17 of 19
NoticeshallbeprovidedtothepersonslistedonPages1and2 ofthisAgreementbytheparties for this purpose.

Eitherpartymayprovidea newdesignatedrepresentativeand/oraddressbywritten notice as provided in this Section.

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

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

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

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

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

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

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

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

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

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

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

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

0.A.
s...

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

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

State of California
County of Orange
On March4, 2019, beforeme, T Ris, NotaryPublic, personallyappearedSondraHarris, whoprovedto meonthebasisof satisfactoryevidencetobetheperson(s)whosename(s) is/a-re subscribedto thewithininstrumentandacknowledgedto methathe/she/they executed the same in his/ her/ thei- r authorized capacity( ies), and that by his/her/their signature( s) on the instrument the person( s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

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

Relocationof all publicutilitystructuresas necessaryto properlyconstructthe required improvements.

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

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

E. Installationof asphaltconcreteor PortlandCementConcretestreet pavementon basematerialasshownonapprovedconstructionplansandinaccordancewithCity Standards.

F. Street signs at intersections per the City Standards.

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

H. Setting monuments as required by the State Code.

The Subdivider shall also perform all work and furnish all materials necessary, in the opinion of the Assistant City Manager/ Director of Public Works or his designee and on his order, to complete the improvements in accordance with the plans and specifications on file as hereinbefore specified, or any changes required or ordered by said Engineer which, in his opinion, are necessary or required to complete this work. 01225. 0006/ 369377. 1 B- 1
EXHIBIT " C"
TRACT NO. 19953

RICHMOND AMERICAN HOMES

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

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

2. NeitherSubdividernoranyotherpersonwithSubdivider's permissionto be upon the property to be dedicated has used, generated, manufactured, produced, or released, on, under, or aboutthe propertyto be dedicated, any HazardousSubstance exceptin compliancewith all applicableenvironmentallaws. For the purposesof this warranty, the term " Hazardous Substances" shall mean any substance or material whichis capableof posinga riskof injuryto health, safetyor property, includingall thosematerialsandsubstancesdesignatedas hazardousor toxic by any federal, state or local law, ordinance, rule, regulationor policy, including but not limited to, all of those materials and substances defined as "Toxic Materials" in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30, as the same shall be amended from time to time, or any other materials requiring remediation under federal, state or local laws, ordinances, rules, regulationsor policies.

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

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

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

Eachof the undersignedpersonsdeclaresunderpenaltyof perjurythatthe foregoing is true and correct.

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

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

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

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

WHEREAS, saidPrincipalisrequiredunderthetermsofsaidagreementtofurnishabondforthefaithfulperformance of said agreement.

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

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

Aspartoftheobligationsecuredherebyandinadditiontothefaceamountspecifiedtherefor, thereshall beincludedcostsandreasonableexpensesandfeesincludingreasonableattorneys' fees, incurredbyCityinsuccessfullyenforcingsuchobligation, alltobetaxedascostsandincludedinanyjudgmentrendered.

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

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

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

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

NOTARYACKNOWLEDGMENT

STATE OF COLORADO
ss.

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

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

September 22, 2022

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. @tt)

THEHANOVEERINSURANCECOMPANY
t"

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

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

ThisCertificatemaybesignedbyfacsimileunderandbyauthorityofthefollowingresolutionoftheBoardofDirectorsofTheHanoverInsuranceCompany,MassachusettsBayInsuranceCompanyandCitizensInsuranceCompanyofAmerica.

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

THEHANOVERINSURANCECOMPANY

MASSACHUSETTSBAYINSURANCECOMPANY

CITIZENSINSURANCECOMPANYOFAMERICA
6nif1/
144-1 riles ..

Margosian, Vice Presiident

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

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

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

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

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

Shouldtheconditionofthisbondbefullyperformed, thenthisobligationshallbecomenullandvoid,otherwiseit shallbe and remainin full forceandeffect.

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

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

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

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

Page 1 of 1 ends

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

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

I certifyunderPENALTYOFPERJURYunderthelawsoftheStateof Californiathat the foregoing paragraph is true and correct.

RHONDA HARPER
WITNESS my hand and official seal.

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

NOTARYACKNOWLEDGMENT

STATE OF COLORADO
ss.

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

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

September 22, 2022

THEHANOVERINSURANCECOMPANY

MASSACHUSETTSBAYINSURANCECOMPANY

CITIZENSINSURANCECOMPANYOFAMERICA

POWERS OF ATTORNEY

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

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

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

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

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

ThisCertificatemaybesignedbyfacsimileunderandbyauthorityofthefollowingresolutionoftheBoardofDirectorsofTheHanoverInsuranceCompany,MassachusettsBayInsuranceCompanyandCitizensInsuranceCompanyofAmerica.

THEHANOVERINSURANCECOMPANY

MASSACHUSETTSBAYINSURANCECOMPANYCITIZENSINSURANCECOMPANYOFAMERICA 6nii/
144-1
Margosian, Vice President

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

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

WHEREAS, saidPrincipalisrequiredunderthetermsofsaidagreementtofurnishabondforthewarranty of said improvements.

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

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

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

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

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

Page 1 of 1 ends

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

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

I certify underPENALTY OF PERJURYunderthelawsof the Stateof California that the foregoing paragraph is true and correct.

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

NOTARYACKNOWLEDGMENT

STATEOF COLORADO

COUNTY OF DENVER
ss.

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

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

September 22, 2022
I

THEHANOVERINSURANCECOMPANY

MASSACHUSETTSBAYINSURANCECOMPANY

CITIZENSINSURANCECOMPANYOFAMERICA

POWERS OF ATTORNEY

MOON THEHANOVERINSURANCECOMPANY
y{
vI. cay,

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

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

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

ThisCertificatemaybesignedbyfacsimileunderandbyauthorityofthefollowingresolutionoftheBoardofDirectorsofTheHanoverInsuranceCompany,MassachusettsBayInsuranceCompanyandCitizensInsuranceCompanyofAmerica.

THEHANOVERINSURANCECOMPANY

MASSACHUSETTSBAY INSURANCECOMPANY

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

9. 11

MEMORANDUM

CITY OF CHINO

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

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

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

FISCAL IMPACT
ThereisnodirectfiscalimpacttotheCity.

Revenue: Expenditure:

Transfer In: Transfer Out:

CONSENT CALENDAR
Packet Pg. 127 ,

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

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

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

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

Followingdiscussion, thePlanningCommissionunanimouslyapprovedthesemajorrevisionstothe Site Approval.

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

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

CONSENT CALENDAR
I Packet Pg. 128

Chino City CouncilJuly 16, 2024

Chino City Council
July 16, 2024