Agenda packet — Chino City Council, October 1, 2024 (part 1 of 2)

Those persons wishing to speak on any item included on the agenda, or on any matter within the subject matter jurisdiction of the City Council, are invited fill out and submit to the City Clerk a “Request to Speak” form (name and address optional) which is available at the entrance to the City Council Chambers. Additionally, members of the public may submit electronic public comments to CityClerk@cityofchino .org no later than 4:00 p.m. on the day of the meeting. In your email, please include the meeting date, agenda item you are commenting on, and your comment. All comments received by the deadline will be forwarded to the City Council for consideration before action is taken on the matter and will be entered into the record for the meeting specified in email received.

If you require a reasonable accommodation to participate in this meeting per your rights under the Americans with Disabilities Act or for any other reason, please contact the City Clerk ’s Office (909) 334-3306, at least 48 hours prior to the advertised starting time of the meeting.

Any documents produced by the City and distributed to a majority of the City Council regarding any item on this agenda will be made available in the City Clerk ’s Office during normal business hours at City Hall located at 13220 Central Avenue, Chino. In addition, such documents will be posted on the City’s website at www.cityofchino.org.

CHINO CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY, OCTOBER 1, 2024

REGULAR MEETING
AGENDA
CLOSED SESSION – 5:00 PM
OPEN SESSION – 6:00 PM
_________________________________________________________________________________

ROLL CALL
Mayor Eunice M. Ulloa, Mayor Pro Tem Karen C. Comstock, Council Member Curtis Burton, Council Member Christopher Flores, Council Member Marc Lucio.

CLOSED SESSION PUBLIC COMMENTS
This is the time and place for the general public to address the City Council about the closed session items. Ordinance No. 97 -08 (Chino Municipal Code Section 2.04.090) limits speakers to no more than five (5) minutes in which to address the Council, except as provided under Government Code 54954.3(b)(2).

CLOSED SESSION

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9 Deborah Williams v. City of Chino, Case No. CIVDS2019754

2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9 Number of Potential Cases: Two
1 CHINO CITY COUNCIL
OCTOBER 1, 2024 2

FLAG SALUTE

CEREMONIALS
American Cancer Society - Making Strides Against Breast Cancer. Proclaim October 5, 2024, as Making Strides Against Breast Cancer Day.

Emergency Nurses Week. Proclaim October 6-12, 2024 as Emergency Nurses Week.

Domestic Violence Awareness Month. Proclaim October 2024 as Domestic Violence Awareness Month.

Community Planning Month. Proclaim October 2024 as Community Planning Month.

REPORT OUT OF CLOSED SESSION

AGENDA ADDITIONS/REVISIONS

PUBLIC ANNOUNCEMENTS
This is the time and place for the Mayor to inform the public of all upcoming events and past occurrences of communitywide interest and concern.

PUBLIC COMMENTS
This is the time and place for the general public to address the City Council about subjects that do not appear elsewhere on the agenda. Due to Council policy and Brown Act requirements, action will not be taken on any issues not on the Agenda. Ordinance No. 97-08 (Chino Municipal Code Section 2.04.090) limits speakers to no more than five (5) minutes in which to address Council, except as provided under Government Code 54954.3 (b)(2). If more than three (3) persons seek to address the same agenda item or the same subject matter, the Mayor shall establish a maximum period of time not to exceed thirty (30) minutes.

CONSENT CALENDAR
At this time, members of the public may present testimony as to why an item should be removed from the Consent Calendar for separate discussion. Unless a member of the public or City Council requests that an item be removed from the Consent Calendar, all items will be acted upon as a whole and by one vote. Items placed on the Consent Calendar represent routine expenditures and/or actions that support ongoing City operations.

1. Warrants. Approve expenses as audited and within budget for warrants 772327 to 772596, and Electronic Fund Transfers 519944E to 520040E, totaling $4,614,964.21.

2. Minutes. Regular Meeting Minutes for September 17, 2024 (All Members Present).

3. Elected City Officials’ Report Regarding Travel, Training, and Meetings. Receive and file the Elected City Officials’ Report reflecting City Council business related expenses incurred by the City.

4. Amendments to the Conflict of Interest Code. Adopt Resolution No. 2024 -048 amending Appendix A of Chapter 2.60 of the Chino Municipal Code relating to the requirement for City officers and employees to file Statements of Economic Interests.

5. Notice of Completion - Old Schoolhouse Museum Barn & Site Improvements Project (PF201).

Accept the Old Schoolhouse Museum Barn & Site Improvements project (PF201) completed by Micon Construction, Inc., Placentia, CA.
2 CHINO CITY COUNCIL
OCTOBER 1, 2024 3

6. City of Chino Declaration of Intention to Establish Improvement Area 11 in Community Facilities District 2003 -3 and incur Bonded Indebtedness for the Improvement Area. Adopt Resolution 2024-049, declaring the intention to establish Improvement Area No. 11 and Resolution 2024-050, declaring the intention to Incur Bonded Indebtedness for the proposed Improvement Area 11 of the Community Facilities District No. 2003-3.

7. Falloncrest Development Agreement Annual Monitoring Report and Issuance of Certificate of Agreement Compliance. Accept the Annual Monitoring Report for the Falloncrest Development Agreement and Authorize the City Manager, or their Designee, to Issue a Certificate of Agreement Compliance.

8. Final Acceptance of Public Improvements Calvary Chapel Chino Hills Project 4201 Eucalyptus Avenue (M22-0001). Accept public improvements as complete for project M22 -0001; authorize release of the performance bond and initiate the warranty bond; and authorize the City Manager to execute the necessary documents on behalf of the City.

9. Final Acceptance of Public Improvements for Tract Map No. 16420 -3 for the Town Center at The Preserve Development, the Area Bounded by Pine Avenue to the North, East Preserve Loop to the East, Market Street to the South, and Main Street to the West. Accept public improvements as complete for Tract Map No. 16420 -3; authorize release of the performance bond and initiate the warranty bond; and authorize the City Manager to execute the necessary documents on behalf of the City.

10. Replacement Subdivision Improvement Agreements for Tract Map Nos. 20446 & 20446 -1 (Block 3) in The Preserve. Approve Replacement Subdivision Improvement Agreements and Securities with TH The Preserve Chino LLC for Tract Map No. 20446 and Century Communities of California, LLC for Tract Map No. 20446-1.

NEW BUSINESS

11. Introduction of Ordinance No. 2024 -009 Amending Chapter 8.80 of the Chino Municipal Code to Address Changes in Law. Approve the Introduction of Ordinance No. 2024 -009 amending Chino Municipal Code Chapter 8.80 (Health and Safety) to address changes in law brought about by City of Grants Pass, Oregon v. Johnson, et al.

Staff Report By: Matthew Silver, Prosecuting Attorney
RECOMMENDATION: Approve the introduction of Ordinance No. 2024 -009 on first reading that will amend Chapter 8.80 (Health and Safety) of the City of Chino Municipal Code (CMC) to address changes in law brought about by the United States Supreme Court’s ruling in City of Grants Pass, Oregon v. Johnson, et al. , to be read by number and title only, and waive further reading of the Ordinance.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, COUNTY OF SAN BERNARDINO, CALIFORNIA, AMENDING CHINO MUNICIPAL CODE CHAPTER 8.80

REGULATING PUBLIC CAMPING AND PUBLIC STORAGE OF PERSONAL PROPERTY TO

ADDRESS CHANGES IN LAW BROUGHT ABOUT BY CITY OF GRANTS PASS, OREGON V. JOHNSON, ET AL.
3 CHINO CITY COUNCIL
OCTOBER 1, 2024 4

12. Introduction of Ordinance No. 2024 -010 Amending Chapter 2.36 to Add City of Chino Planning Commission Sphere of Influence Members. Approve the Introduction of Ordinance No. 2024-010, to be read by number and title only, and waive further reading of the Ordinance.

Staff Report By: Fred Galante, City Attorney
RECOMMENDATION: Approve the introduction of Ordinance No. 2024-010, amending Chapter

2.36 (Planning Commission) of the Chino Municipal Code (CMC), to provide for the addition of two members of the Chino Planning Commission from the City’s Sphere of Influence, and to provide such members voting and advisory powers as defined, to be read by number and title only, and waive further reading of the Ordinance.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING CHAPTER 2.36 (PLANNING COMMISSION) TO PROVIDE FOR THE ADDITION OF TWO MEMBERS OF THE CHINO PLANNING COMMISSION FROM THE CITY’S

SPHERE OF INFLUENCE, AND TO PROVIDE SUCH MEMBERS VOTING AND ADVISORY

POWERS AS DEFINED THEREIN

MAYOR AND COUNCIL REPORTS
This is the time and place for the Mayor and Council Members to report on prescheduled Council Committee Assignment Meetings that were held since the last Regular Council Meeting, and any other items of interest. Upon request by an individual Council Member, the City Council may choose to take action on any of the subject matters listed below.

Mayor Ulloa
Mayor Pro Tem Comstock
Council Member Burton

13. Community Support Fund - Council Member Burton. Approve community support fund contribution to St. Margaret Mary School 9th Annual Car Show.

Staff Report By: Council Member Burton
RECOMMENDATION: Approve a community support fund contribution of $250 to St. Margaret Mary School.

Council Member Flores

14. Community Support Fund - Council Member Flores. Approve Community Support Fund Contribution to Adrian’s World, Behavior Highway, Autism Society Inland Empire, and Food for Life Ministry.

Staff Report By: Council Member Flores
RECOMMENDATION: Approve a community support fund contribution of $500 to Adrian’s World, $500 to Behavior Highway, $500 to Autism Society Inland Empire, and $500 to Food for Life Ministry.

Council Member Lucio
City Manager's Report
City Attorney's Report
Police Chief's Report
4 CHINO CITY COUNCIL
OCTOBER 1, 2024 5
Director's Report
Fire Chief's Report

ADJOURN
The next Regular Meeting of the City Council will be held on Tuesday, October 15, 2024 at 6:00 p.m. (Closed Session no earlier than 4:00 p.m. if necessary) in these Council Chambers.

I, Natalie Gonzaga, City Clerk of the City of Chino, hereby declare that on Thursday, September 26, 2024 this agenda was posted on the south window of Chino City Hall and this agenda together with all of the agenda reports and related documents were posted on the City’s website at www.cityofchino.org by myself or under my direction.
_______________________________________
Natalie Gonzaga, City Clerk.
5 MEMORANDUM

CITY OF CHINO

COMMUNITY SERVICES, PARKS & RECREATION DEPARTMENT

CITY COUNCIL MEETING DATE: OCTOBER 1, 2024

TO: LINDA REICH, CITY MANAGER
FROM: SILVIA AVALOS, DIRECTOR OF COMMUNITY SERVICES, PARKS &

RECREATION

SUBJECT
..titl e
Proclaim October 5, 2024, as Making Strides Against Breast Cancer Day in the City of Chino. ..end
..body

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

6 7

MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: OCTOBER 1, 2024

TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: LINDA REICH, CITY MANAGER

SUBJECT
..titl e
Proclaim October 6-12, 2024, as Emergency Nurses Week. ..end ..body

8 9

MEMORANDUM

CITY OF CHINO

COMMUNITY SERVICES, PARKS & RECREATION DEPARTMENT

CITY COUNCIL MEETING DATE: OCTOBER 1, 2024

TO: LINDA REICH, CITY MANAGER
FROM: SILVIA AVALOS, DIRECTOR OF COMMUNITY SERVICES, PARKS &

RECREATION

SUBJECT
..titl e
Proclaim October 2024, as Domestic Violence Awareness Month. ..end ..body

10 11

MEMORANDUM

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

CITY COUNCIL MEETING DATE: OCTOBER 1, 2024

TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: WARREN MORELION, AICP, DIRECTOR OF DEVELOPMENT SERVICES

SUBJECT
..titl e
Proclaim October 2024 as Community Planning Month.
..end
..body

12 13

MEMORANDUM

CITY OF CHINO

FINANCE DEPARTMENT

CITY COUNCIL MEETING DATE: OCTOBER 1, 2024

TO: LINDA REICH, CITY MANAGER
FROM: NADYNE LOWRY, ACTING DIRECTOR OF FINANCE

SUBJECT
..titl e
Warrants.
..end

RECOMMENDATION
Approve expenses as audited and within budget for warrants 772327 to 772596, and Electronic Fund Transfers 519944E to 520040E, totaling $4,614,964.21. ..body

FISCAL IMPACT
Sufficient funds have been included in the Fiscal Year 23-24 and 24-25 Operating Budgets.

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

Revenue:

Expenditure:

Transfer In: Transfer Out:
14 CITY COUNCIL MEETING DATE: OCTOBER 1, 2024
TITLE: WARRANTS.

PAGE: 2

BACKGROUND
As prescribed by Government Code Sections 37202 and 37208, the following demand registers are herewith submitted for Council ratification:

NO. WARRANTS CHECK DATE FY AMOUNT

1. 772327 - 772445 8/29/24 24-25 $952,568.53

2. 772446 – 772454 8/29/24 23-24 $75,099.36

3. 772455 – 772456 9/6/24 24-25 $7,360.00

4. 772457 – 772596 9/12/24 24-25 $1,346,801.87

5. 519944E – 519993E 8/30/24 24-25 $700,337.38

6. 519994E – 519996E 8/30/24 23-24 $450,658.65

7. 519997E – 520040E 9/13/24 24-25 $1,082,138.42

TOTAL $4,614,964.21

E: Electronic Fund Transfers
(no check run week of 9/3/24)

ISSUES/ANALYSIS
See attached exhibit for detailed information on warrants exceeding $50,000.

Attachment

15 Council Meeting 10/1/24

CITY OF CHINO
A/P Warrant Register Over $50,000

Check
Number
Check Date Vendor Name Description Amount
772440 08/29/2024 WASTE MANAGEMENT COLLECTION SERVICES $675,076.56 519977 08/30/2024 HUMANE SOCIETY OF POMONA VALLEY ANIMAL CONTROL SERVICES $61,263.00 519992 WATER FACILITIES AUTHORITY IMPORTED WATER PURCHASE $434,912.21 519994 ECONOLITE CONTROL PRODUCTS TRAFFIC SIGNAL CABINET $287,475.55 519996 YUNEX LLC TRAFFIC SIGNAL MAINTENANCE $155,991.30 772459 09/12/2024 ACT 1 CONSTRUCTION, INC. CHINO RANCHO PARK CONSTRUCTION

DEVELOPMENT
$306,470.00
772536 M K SMITH CHEVROLET FLEET CHEVROLET PARTS & SERVICE $74,830.36 772554 OUTDOOR CREATIONS INC. MONUMENT SIGN-CHINO RANCHO PARK $74,016.45 772575 SO CAL EDISON CO SERVICE PERIOD: 07/02-08/31 $420,457.70 520015 09/13/2024 INLAND EMPIRE UTILITIES AGENCY SEWAGE TREATMENT SERVICE $894,049.61 520022 MICON CONSTRUCTION, INC. OLD SCHOOL HOUSE BARN & SITE

IMPROVEMENTS
$56,720.81

11 TOTAL $3,441,263.55

16 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: OCTOBER 1, 2024

TO: LINDA REICH, CITY MANAGER
FROM: NATALIE GONZAGA, CITY CLERK

SUBJECT
..titl e
Minutes.
..end
..body

17 CHINO CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

REGULAR MEETING - CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY, SEPTEMBER 17, 2024

MINUTES
OPEN SESSION – 6:00 PM
_________________________________________________________________________________

CALL TO ORDER
The September 17, 2024, Regular Meeting of the Chino City Council / Successor Agency to the Redevelopment Agency was called to order at 6:02 pm by Mayor Eunice M. Ulloa in the Council Chambers.

ROLL CALL
PRESENT: Mayor Eunice M. Ulloa, Mayor Pro Tem Karen C. Comstock, Council Member Curtis Burton, Council Member Christopher Flores, and Council Member Marc Lucio ABSENT: NONE.

FLAG SALUTE
Girl Scouts from Troops 5181, 1744 and 744 led the Pledge of Allegiance.

CEREMONIALS
Healthy Chino's 20 -Year Anniversary. Recognition of Healthy Chino's 20 -Year Anniversary September 2024.

Mayor Ulloa presented a Certificate of Recognition for the Healthy Chino's 20 Year Anniversary. Mayra Pratt, CSPR Manager, Silvia Avalos, Director of CSPR, Ted Bistarky, CSPR Manager, Brittany Zarcal, CSPR Supervisor, Rachel Phelps, CSPR Coordinator, Daniel Inz, Kaiser Permanente, Aileen Dinkjian, San Antonio Regional Hospital, and Angel Baltazar, were present to accept the recognition.

AGENDA ADDITIONS/REVISIONS
City Manager Linda Reich reported there were no additions or revisions to the agenda.

INFORMATION
External Agency Report. External Agency Report for November 19, 2024 (Covering Meetings from August 1 - August 31, 2024).

Mayor Ulloa announced the External Agency Report was included in the agenda packet. 18 CHINO CITY COUNCIL
SEPTEMBER 17, 2024 2
Economic Development Report for Third Quarter 2024. Receive and File the Quarterly Economic Development Report.

Mayor Ulloa announced the Economic Development Report was included in the agenda packet.

PUBLIC ANNOUNCEMENTS
Mayor Ulloa issued a reminder about the following scheduled community events:
- City of Chino free compost and mulch giveaway is September 21, 2024 from 8:00 am to 12:00 p.m. at 5050 Schaefer Avenue. For information call 909-334-3282. - Community Art Box program is open to residents who would like to participate. To get involved visit cityofchino.org/artbox.

Mayor Ulloa sadly announced the meeting will adjourn in honor and memory of former Mayor Dennis Yates who recently passed away. On behalf of the City Council and Chino Community, Mayor Ulloa extended condolences to the Yates family during this difficult time.

PUBLIC COMMENTS
Pastor Kaylyn Unterkofler, CrossPoint Church, provided the invocation.

Melissa Compani, Representative, San Bernardino County Fourth District Supervisor Curt Hagman's Office, announced upcoming events.

Mike Cargile, spoke regarding political signs in the City.

Mayor Ulloa called up Scout Troop Members and Ayala High School Students to provide introductions.

CONSENT CALENDAR

1. Warrants. Approve expenses as audited and within budget for warrants 772099 to 772326, and Electronic Fund Transfers 519873E to 519943E, totaling $3,628,079.91.

2. Minutes. Regular Meeting Minutes for September 3, 2024 (All Members Present).

4. Report on State and Federal Legislative Issues. Receive and file the Tracked State Legislation report dated August 27, 2024; the attached position letters on legislation; the High Priority Legislative Items Report, and the Washington Update.

5. City of Chino Record Retention Schedules Update. Adopt Resolution No. 2024 -046 approving newly revised Citywide Record Retention Schedules.

6. Microsoft Enterprise Agreement with Dell Marketing LP. Approve a three -year Microsoft Enterprise Agreement with Dell Marketing LP to provide the necessary Microsoft Software Licenses in an amount up to $429,076.08 per year for a total three -year cost not to exceed $1,287,228.24.

7. First Amendment to City Manager’s Employment Agreement. Approve the First Amendment to the City Manager’s Employment Agreement and adopt Resolution No. 2024 -043 approving an amendment to the City’s Classification and Compensation Schedule. 19 CHINO CITY COUNCIL
SEPTEMBER 17, 2024 3

8. 2023-2024 Consolidated Annual Performance and Evaluation Report. Receive and file the Consolidated Annual Performance and Evaluation Report (CAPER) for Community Development Block Grant (CDBG) 2023-2024 Program Year.

9. Approval for Police Department Crime Prevention and Community Outreach Specialist and Human Resources Management Assistant Positions. Adopt Resolution No. 2024 -047, approving one (1) full -time Police Department Crime Prevention and Community Outreach Specialist and one (1) full-time Human Resources Management Assistant.

10. Measure I Five-Year Capital Project Needs Analysis for Fiscal Years 2025/2026 to 2029/2030.

Adopt Resolution No. 2024-045, approving Measure I Five-Year Capital Project Needs Analysis for Fiscal Years 2025/2026-2029/2030.

11. Notice of Completion - Water Line Replacement Central Avenue - Chino Avenue to C Street Project (WA221) and Water Line Replacement Dupont Avenue - Alton Street to Gates Street Project (WA222). Accept Project WA221 and Project WA222 with Mamco, Inc. dba Alabassi, Perris, CA, Contract No. 2023 -175 as complete and authorize the Director of Public Works to file the Notice of Completion.

12. Settlement Agreement between the City of Chino and the Appropriative Pool. Approve ratification of the Settlement Agreement between the City of Chino and the Appropriative Pool, approve to pay the settlement amount of $67,701.53, and authorize the City Manager to execute the necessary documents on behalf of the City.

Motion by Mayor Pro Tem Comstock, seconded by Council Member Flores, to approve the Consent Calendar items 1-12 as presented. The motion carried by the following vote:

AYES: ULLOA, COMSTOCK, BURTON, FLORES, AND LUCIO
NOES: NONE.

ABSENT: NONE.

NEW BUSINESS

13. Support for Proposition 36: The Homelessness, Drug Addiction, and Theft Reduction Act.

Consider approval of Resolution 2024 -044 in Support of Proposition 36: The Homelessness, Drug Addiction, and Theft Reduction Act.

Staff Report By: Police Chief Kevin Mensen
RECOMMENDATION: Review the provided information and consider approval of the attached Resolution 2024 -044 in Support of Proposition 36: The Homelessness, Drug Addiction, and Theft Reduction Act.

Chief Mensen provided a presentation on the item.

Mayor Ulloa asked how this proposition is different from other bills, and Chief Mensen noted the other bills are positive, but noted Proposition 36 will specifically address Proposition 47 revisions needed.

Mayor Pro Tem Comstock discussed Proposition 47 and expressed how important it is for voters to understand how Proposition 36 can help to keep community safe from repeat offenders.

All Council Members expressed support of Proposition 36. 20 CHINO CITY COUNCIL
SEPTEMBER 17, 2024 4
Motion by Council Member Flores, seconded by Mayor Pro Tem Comstock, to approve the attached Resolution 2024-044 in Support of Proposition 36: The Homelessness, Drug Addiction, and Theft Reduction Act. The motion carried by the following vote:

AYES: ULLOA, COMSTOCK, BURTON, FLORES, AND LUCIO
NOES: NONE.

ABSENT: NONE.

14. Memorandum of Agreement (MOA) with the United States Army Corps of Engineers (USACE) to expedite and pay for the permits under USACE’s Section 408 program. (Note: Section 214 of the Federal Water Resources Development Act of 2000 authorizes the Secretary of the Army, after public notice, to accept and expend funds contributed by a non -federal public entity to expedite the valuation of a Section 208 permit review request for a public purpose under the jurisdiction of the Department of the Army.) Approve MOA between the City of Chino and the United States Army Corps of Engineers (USACE) to expedite the permits under USACE’s Section 408 program for City projects.

Staff Report By: Michele Hindersinn, Senior Engineer
RECOMMENDATION: 1) Appropriate $201,208 from the General Fund Reserves (Fund 100) and increase project budget N7207, titled Development Impact Fees for a revised project budget of $376,208; 2) schedule a corresponding year-end transfer in the amount of $201,208 from The Preserve Circulation (Streets, Signals, and Bridges) System Development Impact Fees (Fund 260); 3) approve a Memorandum of Agreement (MOA) between the City of Chino and the United States Army Corps of Engineers (USACE) to expedite the permits under USACE’s Section 408 program for City projects that modify, alter, or occupy existing USACE-constructed flood protection projects; and 4) authorize the City Manager to execute all necessary documents on behalf of the City.

Michele Hindersinn, Senior Engineer, provided a presentation on the item.

Motion by Mayor Pro Tem Comstock, seconded by Council Member Lucio, to 1) Appropriate $201,208 from the General Fund Reserves (Fund 100) and increase project budget N7207, titled Development Impact Fees for a revised project budget of $376,208; 2) schedule a corresponding year -end transfer in the amount of $201,208 from The Preserve Circulation (Streets, Signals, and Bridges) System Development Impact Fees (Fund 260); 3) approve a Memorandum of Agreement (MOA) between the City of Chino and the United States Army Corps of Engineers (USACE) to expedite the permits under USACE's Section 408 program for City projects that modify, alter, or occupy existing USACE-constructed flood protection projects; and 4) authorize the City Manager to execute all necessary documents on behalf of the City. The motion carried by the following vote:

AYES: ULLOA, COMSTOCK, BURTON, FLORES, AND LUCIO
NOES: NONE.

ABSENT: NONE.
21 CHINO CITY COUNCIL
SEPTEMBER 17, 2024 5

15. Approval of Additional Appropriation of $705,400 and a Construction Change Order No. 2 with Hardy & Harper, Inc. for the Street Rehabilitation FY2023 -24 Project (ST241). Appropriate $705,400 to the Transportation Fund (320), with a corresponding year-end transfer in the same amount from General Fund (100) reserves; and approve Change Order No. 2 for $923,990.64 for a new contract amount of $4,229,441.64.

Staff Report By: Albert Espinoza, Deputy Public Works Director/City Engineer RECOMMENDATION: 1) Appropriate $705,400 to the Transportation Fund (320), with a corresponding year-end transfer in the same amount from General Fund (100) reserves; 2) approve Change Order No. 2 for $923,990.64 with Hardy & Harper, Inc., Lake Forest, CA (Contract No. 2024-204) for the Street Rehabilitation Fiscal Year 2023-24 Project (ST241) for a revised total project contract amount not -to-exceed $3,086,241.64 for the specific project (ST241); and 3) authorize the City Manager to execute all necessary documents on behalf of the City.

Albert Espinoza, Deputy Public Works Director/City Engineer, provided a presentation on the item.

Mayor Ulloa inquired about past use of geotechnical services in this area. Hye Jin Lee, Director of Public Works, noted the storm drain pipe in this area was installed over 20 years ago, therefore, staff does not have information about what occurred underground in this area in the past.

Mayor Pro Tem Comstock thanked everyone for attending the community meeting regarding the Ramona Avenue closure and expressed support for quality paving standards, including efforts to reduce noise from truck drivers in this part of the community.

Mayor Pro Tem asked if an agreement was met to address the road repairs with the contractor, and Ms. Lee explained staff is collaborating with the contractor in order to address the repairs as soon as possible and not incur unnecessary costs associated with litigation.

Motion by Mayor Pro Tem Comstock, seconded by Council Member Flores, to 1) Appropriate $705,400 to the Transportation Fund (320), with a corresponding year -end transfer in the same amount from General Fund (100) reserves; 2) approve Change Order No. 2 for $923,990.64 with Hardy & Harper, Inc., Lake Forest, CA (Contract No. 2024-204) for the Street Rehabilitation Fiscal Year 2023 -24 Project (ST241) for a revised total project contract amount not -to-exceed $3,086,241.64 for the specific project (ST241); and 3) authorize the City Manager to execute all necessary documents on behalf of the City. The motion carried by the following vote:

AYES: ULLOA, COMSTOCK, BURTON, FLORES, AND LUCIO
NOES: NONE.

ABSENT: NONE.

16. Final Acceptance of Public Improvements for Tract Map No. 18903, Meritage Homes of California, Incorporated. Accept Public Improvements as Complete for Tract Map No. 18903 and Authorize the Release of the Performance Bond and Initiate the Warranty Bond.

Staff Report By: Jesus Plasencia, Assistant City Engineer RECOMMENDATION: 1) Accept public improvements as complete for Tract Map No. 18903; 2) authorize the release of the performance bond and initiate the warranty bond; and 3) authorize the City Manager to execute the necessary documents on behalf of the City. 22 CHINO CITY COUNCIL
SEPTEMBER 17, 2024 6
Mayor Pro Tem Comstock recused herself from this item due to a conflict and left the dais at 7:04 p.m.

Jesus Plasencia, Assistant City Engineer, provided a presentation on the item.

Council Member Lucio asked if staff received comments from residents, and Hye Jin Lee, Director of Public Works confirmed they received positive comments.

Mayor Ulloa inquired about the future paving schedule and the warranty deadline, and Ms. Lee explained the REAS pilot program was implemented and how staff can implement its use on future projects.

Mayor Ulloa asked about the faulty cement work, and Mr. Plasencia explained any known damaged cement work was identified and corrected.

Mayor Ulloa inquired about the mailbox location, and City Manager Reich confirmed the City will provide the accessibility ramp, and no outstanding residential concerns are known.

Council Member Burton provided comments regarding working with the Meritage Homes developer, and City Attorney Galante confirmed the City would be required to work with Meritage on future projects if presented.

Mayor Ulloa requested that a letter be sent to every resident regarding the 1 -year warranty period, and Mr. Plasencia confirmed staff will send out letters to residents.

Council Member Flores commented on the REAS pilot program, and asked if it can be applied to newly paved streets, and Ms. Lee replied yes and explained staff is working on establishing a new pavement system plan and guide.

Council Member Burton asked about the material cost difference, and Ms. Lee explained the cost of REAS is 30% more than regular slurry, however, the REAS lifespan is 7 years, whereas regular slurry is 1 year.

Motion by Council Member Burton, seconded by Council Member Lucio, to 1) Accept public improvements as complete for Tract Map No. 18903; 2) authorize the release of the performance bond and initiate the warranty bond; and 3) authorize the City Manager to execute the necessary documents on behalf of the City. The motion carried by the following vote:

AYES: ULLOA, BURTON, FLORES, AND LUCIO
NOES: NONE.

ABSENT: NONE.

ABSTAIN: COMSTOCK
Mayor Pro Tem Comstock returned to the dais at 7:20 p.m. 23 CHINO CITY COUNCIL
SEPTEMBER 17, 2024 7

MAYOR AND COUNCIL REPORTS
Mayor Ulloa
Mayor Ulloa reported on the following meeting and events including the Omnitrans and San Bernardino County Transportation Authority Board of Directors meeting; Senior Center Birthday Celebrations; San Bernardino County Transportation Authority 60 Freeway Central Avenue Bridge Ribbon Cutting; expressed condolences to the Yates family and announced a Celebration of Life taking place on Thursday, December 5, 2024 from 3:00 - 5:00 p.m. at the Chino Police Department; City Council Workshop; Mayor's Prayer Breakfast; Chino Valley Fire District 9/11 Memorial Ceremony; Omnitrans Administration and Finance Committee meeting; San Bernardino County Transportation Authority Transit Committee meeting; Inland Valley Humane Society meeting; and the Let it Be Sunset Gala.

Mayor Pro Tem Comstock
Mayor Pro Tem Comstock reported on the following meeting and events including media training; City Manager meeting; City Council Workshop; Affordable Housing Project tour; City Manager meeting; City Council meeting; and expressed her condolences to the Yates family.

Council Member Burton
Council Member Burton reported on the following meeting and events including Police Department Swearing in Ceremony; San Bernardino County Transportation Authority 60 Freeway Central Avenue Bridge Ribbon Cutting; media training, City Manager meeting; meeting with Chino Valley Unified School District Board Candidate; Coffee with a Cop at Flo's Cafe; Edwin Rhodes Elementary School meeting regarding traffic; City Council Workshop; Mayor's Prayer Breakfast; Chino Valley Fire District 9/11 Memorial ceremony; City Manager meeting; West End Animal Service Agency briefing; and expressed his condolences to the Yates family.

Council Member Flores

17. Community Support Fund - Council Member Flores. Approve community support fund contribution to UChooz.

Staff Report By: Council Member Flores
RECOMMENDATION: Approve community support fund contribution of $500 to UChooz Positive Youth.

Motion by Council Member Burton, seconded by Council Member Lucio, to approve community support fund contribution of $500 to UChooz Positive Youth. The motion carried by the following vote:

AYES: ULLOA, COMSTOCK, BURTON, FLORES, AND LUCIO
NOES: NONE.

ABSENT: NONE.

Council Member Flores reported on the following meeting and events including San Bernardino County Transportation Authority 60 Freeway Central Avenue Bridge Ribbon Cutting; Inclusion Community Celebration meeting and the event; City Council Workshop; acknowledged Ayala High School students who attended the City Council meeting; expressed condolences to the Yates family; and introduced visitor Donald Wang who attended the City Council meeting. 24 CHINO CITY COUNCIL
SEPTEMBER 17, 2024 8
Council Member Lucio
Council Member Lucio reported on the following meeting and events including a neighborhood watch meeting and encouraged residents to use the MyChino App to report street lights that are out or trees blocking street lights in their neighborhood; he asked City Manager Reich to promote this information to the community; Affordable Housing Southern California Conference; City Council workshop; City Manager meeting; media training; Chaffey College Chino Community Center Oversight Committee meeting; wished his son a Happy Birthday; expressed condolences to the Yates family.

City Manager's Report
City Manager Reich had no report.

City Attorney's Report
City Attorney Galante had no report.

Police Chief's Report
Chief Mensen thanked Council Member Lucio for attending the neighborhood watch meeting; responded to Council Member Flores' inquiry about homelessness, noting City of Chino's point in time homeless count is the second lowest in San Bernardino County; thanked Council Member Burton for attending the Police Department Welcome and Swearing In Ceremony; provided an update on the upcoming Milk Can Football Game preparations; and expressed his condolences to the Yates family.

Mayor Ulloa asked about the neighborhood watch meetings, noting their used to be many active neighborhood watch groups, and Chief Mensen explained his staff is working to bring them back after COVID.

Director's Report
None.

Fire Chief's Report
Fire Chief Williams provided an update on CONFIRE ambulance service injunction; Council Member Burton asked for an approximate time frame of when it will be heard and Chief Williams confirmed the next update will be available after October 8, 2024; Fire Chief Williams thanked the Council for their attendance at the 9/11 memorial ceremony; and announced the Chino Valley Fire District State of the Fire District will be held on October 24, 2024 at Fire Station 61.

ADJOURNED IN MEMORY OF DENNIS R. YATES
Mayor Ulloa adjourned the meeting at 7:59 p.m. in memory of Dennis R. Yates. The next regular meeting of the City Council will be held on Tuesday, October 1, 2024 at 6:00 p.m. (Closed Session no earlier than 4:00 p.m. if necessary) in these Council Chambers.

APPROVED AND ADOPTED THIS 1st DAY OF OCTOBER 2024.
________________________________
EUNICE M. ULLOA, MAYOR
25 CHINO CITY COUNCIL
SEPTEMBER 17, 2024 9
ATTEST:
________________________________

NATALIE GONZAGA, CITY CLERK
**************************************************
(These minutes are not official until signed.)
26 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: OCTOBER 1, 2024

TO: LINDA REICH, CITY MANAGER
FROM: NATALIE GONZAGA, CITY CLERK

SUBJECT
..titl e
Elected City Officials’ Report Regarding Travel, Training, and Meetings.

..end

RECOMMENDATION
Receive and file the Elected City Officials’ Report reflecting City Council business related expenses incurred by the City.

..body

FISCAL IMPACT
Sufficient funding is available in the adopted Fiscal Year 2024-25 Operating Budget.

 Superior Customer Service
 Responsible Long-Range Planning
 Exemplary Leadership
 Public Service Excellence through Internal and External Partnerships

Revenue:

Expenditure: 1002000-43320
Transfer In: Transfer Out:
27 CITY COUNCIL MEETING DATE: OCTOBER 1, 2024
TITLE: ELECTED CITY OFFICIALS’ REPORT REGARDING TRAVEL, TRAINING, AND MEETINGS.

PAGE: 2

BACKGROUND
In accordance with Government Code Sections 53232.2 and 53232.3, implementing Assembly Bill (AB) 1234 on January 1, 2006, the City adopted Resolution No. 2005 -093 establishing a Business-Related Expense Policy. On December 6, 2016, the City approved Resolution No. 2016-075 adopting the latest revisions to this policy. In addition to requiring local agenci es to adopt a business-related expense policy, AB 1234 requires that Elected Officials provide a brief report on meetings attended at the expense of the local agency at the next regular meeting of the legislative body.

ISSUES/ANALYSIS
In response to AB 1234, a report regarding Elected City Officials’ Travel, Training, and Meetings (Exhibit A) was created and is placed on the City Council Agenda Consent Calendar, as needed. The documents that pertain to the items listed on Exhibit A are available for publi c inspection at the City Clerk’s office located in City Hall at 13220 Central Avenue, Chino, CA.

Attachment – Exhibit A

28 Event Date Meeting Purpose
and Subject Matter
Location City Official
Attendees
September 18, 2024 San Bernardino State
of the County
Ontario, CA Mayor Pro Tem
Comstock; Council
Member Burton
September 24, 2024 Inland Empire Latino
Economic & Policy
Summit
Riverside, CA Council Member Lucio

29 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: OCTOBER 1, 2024

TO: LINDA REICH, CITY MANAGER
FROM: NATALIE GONZAGA, CITY CLERK

SUBJECT
..titl e
Amendments to the Conflict of Interest Code.
..end

RECOMMENDATION
Adopt Resolution No. 202 4-048 amending Appendix A of Chapter 2.60 of the Chino Municipal Code relating to the requirement for City officers and employees to file Statements of Economic Interests.
..body

FISCAL IMPACT
There is no fiscal impact.

Revenue: Click or tap here to enter text.

Expenditure:

Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 30 CITY COUNCIL MEETING DATE: OCTOBER 1, 2024
TITLE: AMENDMENTS TO THE CONFLICT OF INTEREST CODE.

PAGE: 2

BACKGROUND
Section 87300 of the California Government Code requires cities to adopt and implement a Conflict of Interest Code. Conflict of Interest Codes require public officials and designated employees who participate in financial decisions to file Statements of Economic Interest.

Disclosure categories include investments, business positions, interests in real property, and sources of income.

Chapter 2.60 of the Chino Municipal Code constitutes the Conflict of Interest Code for the City of Chino. Appendix "A" of this Chapter lists designated employee positions and their corresponding disclosure categor ies. The City is required to update Appendix "A" if there are changes in employee classifications and/or changes in the disclosure categories required for specific positions. Accordingly, Appendix "A" has been updated to include employee classification changes and new classifications that have been adopted since the last update.

The Mayor, Council Members, Planning Commissioners, City Manager, City Attorney, and City Treasurer are not listed in Appendix "A" as they are automatically required to file annual Statements of Economic Interests pursuant to Government Code Section 87200.

ISSUES/ANALYSIS
The following position titles were either added, changed, or removed since the last update in 2022. Therefore, staff recommends the City Council adopt Resolution No. 202 4-048, incorporating the following changes to the list of Designated Positions:

Administration
- Assistant City Attorney (added)
- Communications Manager (added)
- Information Technology Manager (moved)
- Information Technology Supervisor (added)
- Management Analyst (added)
- Public Information Officer (added)
- Strategic Initiatives Manager (added)

Community Services, Parks & Recreation
- Clinical Program Manager (added)
- Community Services, Parks and Recreation Manager (updated) - Deputy Director of Community Services, Parks and Recreation (updated) - Director of Community Services, Parks and Recreation (updated) - Parks and Facilities Manager (added)
- Parks and Capital Projects Manager (changed)
- Senior Management Analyst (added)
Development Services
- Building Official (added)
- Supervising Plans Examiner (added)

Finance
- Assistant Budget Manager (added)
- Budget Coordinator (changed)
- Budget Manager (added)
31 CITY COUNCIL MEETING DATE: OCTOBER 1, 2024
TITLE: AMENDMENTS TO THE CONFLICT OF INTEREST CODE.

PAGE: 3

- Deputy Director of Finance (added)

Human Resources
- Deputy Director of Human Resources/Risk Management (added) - Risk Manager (added)

Police Department
- Deputy Chief of Police (added)
- Police Technical Services Manager (added)
Public Works
- Assistant City Engineer (added)
- City Engineer (changed)
- City Traffic Engineer (moved)
- Contracts and DIF Administrator (added)
- Deputy Director of Public Works - City Engineer (added) - Deputy Director of Public Works - Services (added)
- Senior Management Analyst (added)
- Water Utilities Superintendent (added)

Commissions
- Community Services, Parks and Recreation Commission (updated)

Attachment: Resolution No. 2024-048

32 RESOLUTION NO. 2024-048

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA, AMENDING RESOLUTION NO. 2022-058, APPENDIX
"A" OF CHAPTER 2.60 OF THE CHINO MUNICIPAL CODE (CONFLICT

OF INTEREST CODE)

WHEREAS, Pursuant to Section 2.60.030 of the Chino Municipal Code, persons holding positions in Appendix "A" are designated employees. It has been determined that these persons make or participate in the making of decisions that may foreseeably have a material effect on financial interests. Pursuant to Section 2.60.050, all designated employees must file Statements of Economic Interests with the City of Chino.

WHEREAS, this Resolution shall amend and supersede the employees designated pursuant to Resolution No. 2022-058.

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

Appendix "A" of Chapter 2.60 of the Chino Municipal Code (Conflict of Interest Code) shall be amended to read as follows:

APPENDIX A

Administration
Assistant City Attorney ................................ ................................ ................. 1, 2, 3, 4, 5 Assistant City Manager................................ ................................ .................. 1, 2, 3, 4, 5 Assistant to the City Manager ................................ ................................ ........ 1, 2, 3, 5 City Clerk ................................ ................................ ................................ ...... 1, 2, 3, 5 Communications Manager ................................ ................................ ............ 1, 2, 3, 5 Deputy City Manager................................ ................................ .................... 1, 2, 3, 5 Economic Development Manager ................................ ................................ 2, 3, 4 Information Technology Manager ................................ ................................ ... 1, 2, 3, 5 Information Technology Supervisor ................................ ................................ 1, 2, 3, 5 Management Analyst ................................ ................................ .................... 1, 2, 6 Public Information Officer ................................ ................................ ............. 1, 2, 3, 5 Strategic Initiatives Manager ................................ ................................ ........ 2, 3, 4

Development Services
Accessibility Coordinator ................................ ................................ .............. 2, 3, 4 Building Official ................................ ................................ ............................ 2, 3, 4 City Planner ................................ ................................ ................................ . 1, 2, 3, 4, 5 Deputy Director of Development Services ................................ ................. 1, 2, 3, 4, 5 Director of Development Services ................................ ................................ 1, 2, 3, 4, 5 Management Analyst ................................ ................................ ................... 1, 2, 5 Principal Planner ................................ ................................ .......................... 2, 3, 4 Senior Management Analyst. ................................ ................................ ....... 1, 2, 5 Senior Planner ................................ ................................ ............................. 2, 3, 4 Supervising Building I nspector ................................ ................................ ..... 2, 3, 4 Supervising Code Compliance Inspector ................................ ...................... 2, 3, 4 Supervising Plans Examiner ................................ ................................ ......... 2, 3, 4

33 Resolution No. 2024-048

Page 2 of 4 ends

Community Services
Clinical Program Manager ................................ ................................ ............ 1, 2, 5 Community Services, Parks and Recreation Manager. ................................ .. 1, 2, 5 Deputy Director of Community Services, Parks and Recreation ................... 1, 2, 3, 4, 5 Director of Community Services, Parks and Recreation................................ 1, 2, 3, 4, 5 Management Analyst................................ ................................ .................... 1, 2, 5 Parks and Facilities Manager ................................ ................................ ........ 1, 2, 3, 4, 5 Parks and Capital Projects Manager ................................ .............................. 1, 2, 3, 4, 5 Senior Management Analyst ................................ ................................ ........ 1, 2, 5

Finance
Assistant Budget Manager ................................ ................................ ............ 1, 2, 5 Billing Manager ................................ ................................ ............................. 1, 2, 3, 5 Budget Coordinator ................................ ................................ ....................... 1, 2, 4, 5 Budget Manager ................................ ................................ ............................ 1, 2, 4, 5 Deputy Director of Finance ................................ ................................ ............ 1, 2, 3, 4, 5 Director of Finance ................................ ................................ ........................ 1, 2, 3, 4, 5 Fiscal Services Manager................................ ................................ ................ 1, 2, 3, 5 Management Analyst ................................ ................................ .................... 1, 2, 5 Purchasing Manager ................................ ................................ ..................... 5

Human Resources
Deputy Director of Human Resources/Risk Management. .............................. 1, 2, 3, 4, 5 Director of Human Resources/Risk Management. ................................ .......... 1, 2, 3, 4, 5 Human Resources & Risk Analyst ................................ ............................... 3 Risk Manager ................................ ................................ ............................... 1, 2, 3, 5 Senior Human Resources & Risk Analyst ................................ .................... 1, 2, 3, 5

Police
Administrative Services Manager ................................ ................................ ... 1, 2, 4, 5 Captain ................................ ................................ ................................ ......... 1, 2, 3, 5 Chief of Police ................................ ................................ ............................... 1, 2, 3, 4, 5 Deputy Chief of Police ................................ ................................ ................... 1, 2, 3, 4, 5 Facility Coordinator ................................ ................................ ....................... 3, 5 Lieutenant. ................................ ................................ ................................ .... 1, 2, 3, 5 Police Technical Services Manager ................................ ............................... 1, 2, 4, 5 Senior Management Analyst. ................................ ................................ ....... 1, 2, 5

Public Works
Assistant City Engineer ................................ ................................ ................ 1, 2, 4, 5 Assistant Public Works Services Manager. ................................ .................... 3, 5 Capital Improvement Projects Engineering Manager ................................ ... 1, 2, 4, 5 City Engineer ................................ ................................ ............................... 1, 2, 3, 4, 5 City Traffic Engineer. ................................ ................................ ..................... 5 Contracts and DIF Administrator ................................ ................................ .. 1, 2, 4, 5 Director of Public Works ................................ ................................ ................ 1, 2, 3, 4, 5 Deputy Director of Public Works-City Engineer ................................ .. ……….1, 2, 3, 4, 5 Deputy Director of Public Works-Services ................................ ..................... 1, 2, 4, 5 Management Analyst ................................ ................................ .................... 1, 2, 5 Public Works Project Manager ................................ ................................ ...... 1, 2, 4, 5 Public Works Services Manager ................................ ................................ .... 1, 2, 4, 5 Senior Management Analyst ................................ ................................ .......... 1, 2, 5 Utilities Engineer & Operations Manager ................................ ..................... 1, 2, 4, 5 34 Resolution No. 2024-048

Page 3 of 4 ends

Water and Environmental Manager ................................ ................................ 1, 2, 3, 4, 5 Water Utilities Superintendent ................................ ................................ ...... 1, 2, 4, 5

Commissions
Community Services, Parks and Recreation Commission .............................. 1, 2, 4, 5 Mobile Home Rent Stabilization Commission ................................ .................. 1, 2, 4, 5

Description of Categories:

Category 1: Investments and business positions in, and sources of income from, business entities that do business or own real property within jurisdiction of the City of Chino, plan to do business or own real property within the jurisdiction of the City of Chino within the next year, or have done business or owned real property within the jurisdiction of the City of Chino within the past two years.

Category 2: Interests in real property within two miles of the City of Chino or any land owned within the jurisdiction of the City of Chino.

Category 3: Investments and business positions in, and sources of income from, business entities subject to the regulatory, permit or licensing authority of the designated employee's department.

Category 4: Investments and business positions in, and sources of income from, business entities which engage in land development, construction or the acquisition or sale of real property within the jurisdiction of the City of Chino, within the next year , or have engaged in such activities within the jurisdiction of the City of Chino within the past two years.

Category 5: Investments and business positions in, and sources of income from, business entities that provide services, supplies, materials, machinery, vehicles or equipment of a type purchased or leased by the City of Chino.

Consultants
Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitations:

With respect to consultants, the City Manager shall determine, in writing, if a particular consultant performs a range of duties requiring disclosure hereunder. This determination shall include a description of the consultant's duti es and a statement of the extent of disclosure requirements. A copy of this determination shall be filed with the City Clerk.

NOTE: The City Council, City Manager, City Attorney, City Treasurer and Planning Commissioners are required to submit disclosure statements pursuant to State law (California Government Code Section 87200, et. seq.), not this Code.

APPROVED AND ADOPTED THIS 1st DAY OF OCTOBER 2024.

________________________________
EUNICE M. ULLOA, MAYOR
35 Resolution No. 2024-048

Page 4 of 4 ends

ATTEST:

_____________________________

NATALIE GONZAGA, CITY CLERK

CITY OF CHINO

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) §.

CITY OF CHINO )

I, NATALIE GONZAGA, City Clerk of the City of Chino, do hereby certify that the forgoing Resolution was duly adopted by the City Council at a regular meeting held on the 1ST day of October 2024, by the following votes:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

NATALIE GONZAGA, CITY CLERK

36 MEMORANDUM

CITY OF CHINO

COMMUNITY SERVICES, PARKS & RECREATION DEPARTMENT

CITY COUNCIL MEETING DATE: OCTOBER 1, 2024

TO: LINDA REICH, CITY MANAGER
FROM: SILVIA AVALOS, DIRECTOR OF COMMUNITY SERVICES, PARKS &

RECREATION

SUBJECT
..titl e
Notice of Completion – Old Schoolhouse Museum Barn & Site Improvements Project (PF201). ..end

RECOMMENDATION
1) Accept the Old Schoolhouse Museum Barn & Site Improvements project (PF201) completed by Micon Construction, Inc., Placentia, CA, Contract #2023 -186; 2) authorize the City Manager to file the Notice of Completion; and 3) release the retention funds follo wing the 35 -day lien period.

..body

FISCAL IMPACT
Project PF201 was completed within the adopted project budget.

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

Revenue: Click or tap here to enter text.

Expenditure: 6508310-48005/40010-PF201
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 37 CITY COUNCIL MEETING DATE: OCTOBER 1, 2024
TITLE: NOTICE OF COMPLETION - OLD SCHOOLHOUSE MUSEUM BARN & SITE IMPROVEMENTS PROJECT (PF201).

PAGE: 2

BACKGROUND
On December 13, 2022, City Council awarded a construction Contract #2023 -186 to Micon Construction, Inc., Placentia, CA, in the amount of $1,469,963 with contingencies of $220,495 for a not -to-exceed contract amount of $1,690,458, for the Old Schoolhouse M useum Barn & Site Improvements project.

The project scope of work included constructing a new 722 square foot display barn, including an exhibit gallery, storage room, hand washing station, heating, ventilation, and air conditioning (HVAC) system, electrical, data, and connections for future sec urity cameras. Additional improvements included installation of decomposed granite walkways, walkway lighting, fencing, block wall, parking lot improvements, including a subterranean drainage system, drought tolerant landscaping, and irrigation. Accessib ility improvements included the parking lot, drive approach, and entrance into the Old Schoolhouse Museum facility. All site improvements were designed to mimic the late 1800s time period for the Old Schoolhouse Museum and have met the current Americans with Disabilities Act (ADA) accessibility standards.

ISSUES/ANALYSIS
During construction, there were several unforeseen issues identified in the field and addressed as modifications to the project. These modifications included additional erosion control measures per the Water Quality Management Plans ( WQMP), prevailing wag e rate increases, electrical changes from Delta 1 revisions to Delta 2 revisions, additional steel grates for louvers, and switching the HVAC Samsung unit model (Change Order No. 1), electrical changes per request for information (RFI) number 13, swapping aluminum handrails for stainless steel handrails (Change Order No. 2), electrical modifications for irrigation controller, retro fit of barn - door hardware to accommodate field conditions, SoCal Edison power delays affecting irrigation and extension of temporary fencing, construction of a new accessible route and ADA ramp from parking lot to main entrance with stainless steel handrails (Change Order No. 3), application of natina stain product to newly constructed bell pedestal for blended look to match new s ite amenities (Change Order No. 4), bringing the total contract amount of the project to $1,602,603.37.

The following is a summary of the final accounting of costs for project PF201:

Contract #2023-186 Contract Contingency
Original Construction Contract Amount $1,469,963.00 $220,495.00 Change Order No. 1 $67,143.97 -$67,143.97
Change Order No. 2 $10,262.84 -$10,262.84
Change Order No. 3 $53,157.81 -$53,157.81
Change Order No. 4 $2,075.75 -$2,075.75
Total Contract & Contingency Balance $1,602,603.37 $87,854.63

Micon Construction, Inc. has satisfactorily completed all work within the project budget and has complied with the terms of the contract. A Notice of Completion has also been prepared for filing with the San Bernardino County Recorder’s Office.

Attachment – Notice of Completion

38 CITY COUNCIL MEETING DATE: OCTOBER 1, 2024
TITLE: NOTICE OF COMPLETION - OLD SCHOOLHOUSE MUSEUM BARN & SITE IMPROVEMENTS PROJECT (PF201).

PAGE: 3

39 RECORDING REQUESTED BY
City of Chino
Community Services, Parks &
Recreation

P.O. Box 667
Chino, CA 91708

AND WHEN RECORDED MAIL TO

City Clerk
City of Chino
P.O. Box 667
Chino, CA 91708-0667
SPACE ABOVE THIS LINE FOR RECORDER’S USE

NOTICE OF COMPLETION

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

Notice is hereby given that:

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

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

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

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

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

Names Addresses

N/A

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

Names Addresses

N/A

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

7. A work of improvement on the property hereinafter described was completed on September 3, 2024

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

Micon Construction, Inc., 1616 Sierra Madre Circle, Placentia, CA 92870 (If no contractor for work of improvement as a whole, insert “none”)

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

Old Schoolhouse Museum Barn & Site Improvements Project

10. The street address of said property is
5493 B Street, Chino, CA 91710, APN No. 1020062250000
(If no street address has been officially assigned, insert “none”)

SIGNATURE OF OWNER NAMED IN PARAGRAPH 2: DATE:

Linda Reich, City Manager

CERTIFICATION FOR NOTICE OF COMPLETION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) §

CITY OF CHINO )

I HEREBY CERTIFY that I am the Director of Community Services, Parks & Recreation for the City of Chino. I have read the foregoing Notice of Completion and know the contents thereof; and I certify that the same is true of my own knowledge.

I declare under penalty of perjury that the foregoing is true and correct. Executed on October 1, 2024, at City of Chino, California.

Silvia Avalos
Director of Community Services, Parks & Recreation

40 MEMORANDUM

CITY OF CHINO

FINANCE DEPARTMENT

CITY COUNCIL MEETING DATE: OCTOBER 1, 2024

TO: LINDA REICH, CITY MANAGER
FROM: NADYNE LOWRY, ACTING DIRECTOR OF FINANCE

SUBJECT
..titl e
City of Chino Declaration of Intention to Establish Improvement Area 11 in Community Facilities District 2003-3 and incur Bonded Indebtedness for the Improvement Area. ..end

RECOMMENDATION
1) Adopt Resolution No. 2024 -049, declaring the City of Chino’s intention to establish Improvement Area No. 11 in Community Facilities District No. 2003 -3; 2) adopt Resolution No. 2024-050 declaring the City of Chino’s Intention to Incur Bonded Indebtedness for the proposed Improvement Area 11 of the Community Facilities District No. 2003 -3; and 3) authorize the City Manager to execute all necessary documents on behalf of the City. ..body

FISCAL IMPACT
The City will receive City Services Tax revenue of approximately $139,182 per year upon build out of Improvement Area 11. This revenue is intended to offset the cost of providing City services to the homes within CFD 2003-3.

Revenue: Click or tap here to enter text.

Expenditure:

Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 41 CITY COUNCIL MEETING DATE: OCTOBER 1, 2024
TITLE: CITY OF CHINO DECLARATION OF INTENTION TO ESTABLISH IMPROVEMENT AREA 11 IN COMMUNITY FACILITIES DISTRICT 2003 -3 AND INCUR BONDED INDEBTEDNESS FOR THE IMPROVEMENT AREA.

PAGE: 2

BACKGROUND
Lewis Operating Corporation (Lewis) is the primary land developer in The Preserve. Lewis is currently developing their land with residential, commercial and community facilities. As part of the development of The Preserve, the City of Chino is requiring Lewis to build the necessary public infrastructure to serve the residents and businesses of the new project area. In order to help Lewis finance the cost of the required infrastructure improvements, the City has formed Community Facilities District (CFD) No. 2003-3.

CFD No. 2003-03 was formed in 2004 and was designed to utili ze Improvement Areas to issue bonds as The Preserve developed over time to finance certain public facilities, and to pay for necessary ongoing municipal services authorized by the Mello -Roos Act and the formation documents with respect to CFD No. 2003 -3. To date, ten Improvement Areas have been established. The public improvements for the Lewis project have consisted of backbone infrastructure such as sewer, water and gas lines, storm drain connections, streets, curb and gutters, streetlight and traffic si gnal improvements, landscaped medians, fire station, joint use community center and other required facilities. Authorized municipal services payable from the improvement areas include maintenance of parks, parkways, and open space; flood and storm protection; operation of storm drainage systems; and public safety services.

On April 2, 2024 , the City Council adopted Resolution’s 2024 -011 and 2024 -012 declaring the City’s intent to establish Improvement Area 11 and its intent to incur Bonded Indebtedness in Improvement Area 11. However, due to the developer’s request to make changes to various elements within the Improvement Area, the required Public Hearing was not held within the required dates. Therefore, the formation process was not finalized and became null and void. As such, Resolution No. 2024-049 will supersede Resolution No. 2024-011, and Resolution No. 2024-050 will supersede Resolution No. 2024-012.

Lewis has finalized the requested changes to the original formation documents and now wishes to proceed with the formation of Improvement Area 11 within CFD No. 2003-3.

ISSUES/ANALYSIS
Current Government Code provisions require the City to adopt a Resolution of Intention to establish the Improvement Area, and to declare its intention to incur bond ed indebtedness for the proposed Improvement Area. The City must also set a public hearing date for no less than 30 days, and no more than 60 days after the date the Resolution of Intention is approved. Prior to the public hearing, a public notice must b e published in a local newspaper. After the public hearing has been held, an election is held for the affected property owners to cast their ballots.

The ballots are then counted, and if the Improvement Area is approved by the property owner(s), the City adopts a resolution determining the formation of the Improvement Area.

On November 5, 2024, a public hearing will be scheduled on the following:

1. Establishment of Improvement Area 11 and the levy of a special tax therein

2. Approval of the proposed bonds for Improvement Area 11

The levy of the proposed special tax shall be subject to approval of the qualified electors of the 42 CITY COUNCIL MEETING DATE: OCTOBER 1, 2024
TITLE: CITY OF CHINO DECLARATION OF INTENTION TO ESTABLISH IMPROVEMENT AREA 11 IN COMMUNITY FACILITIES DISTRICT 2003 -3 AND INCUR BONDED INDEBTEDNESS FOR THE IMPROVEMENT AREA.

PAGE: 3

CFD at a special election. The proposed voting procedure shall be by mail or hand delivered ballots to the landowners in the proposed Improvement Area 11.

Pursuant to Section 53314.9 of the Mello -Roos Community Facilities Act of 1982, the City proposes to authorize bonded indebtedness for financing the acquisition and/or construction of certain public improvements and City developmen t impact fees not to exceed the aggregate principal amount of $20,000,000.

The CFD bonds are payable from and secured by special taxes, which are levied upon each individual property within Improvement Area 11. The General Fund of the City of Chino is no t obligated to pay debt service on the bonds.

Attachments: Resolution No. 2024-049 (Exhibits A, B, C) Resolution No. 2024-050
Reimbursement Agreement
Improvement Area 11 Boundary Map

43 RESOLUTION NO. 2024-049

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,

CALIFORNIA, DECLARING ITS INT ENTION TO ESTABLISH
IMPROVEMENT AREA NO. 11 OF COMMUNITY FACILITIES
DISTRICT NO. 2003-3, TO AUTHORIZE THE LEVY OF A SPECIAL

TAX TO PAY THE COST OF ACQUIRING OR CONSTRUCTING

CERTAIN PUBLIC FACILITIES, PROVIDE CERTAIN SERVICES

AND PAYING FOR CERTAIN INCIDENTAL EXPENSES AND TO

PAY DEBT SERVICE ON BONDED INDEBTEDNESS
WHEREAS, on July 20, 2004, the City Council of the City of Chino (the “City Council”) adopted Resolution No. 2004-055 (the “Resolution of Formation”) to form Community Facilities District No. 2003-3 of the City of Chino (the “Community Facilities District”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, comprising Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the “Act”), and the Community Facilities District has been established for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain public facilities and services which are necessary to meet increased demands placed upon the City of Chino (the “City”) as a result of the development of said real property; and
WHEREAS, the City has received petitions from at least 10% of the owners of the territory described in Exhibit A attached hereto (the “Property”), requesting to establish Improvement Area No. 11 of the Community Facilities District (the “Improvement Area”) to finance (1) the purchase, construction, expansion, improvement or rehabilitation of the public facilities described in Exhibit B hereto (which attachment is incorporated herein by this reference), including all furnishings, equipment and supplies related thereto (collectively, the “Facilities”), which Facilities have a useful life of five years or longer, (2) the services described in Exhibit B hereto (collectively the “Services”) and (3) the incidental expenses to be incurred in co nnection with financing the Facilities and/or Services, and forming the Improvement Area and administering the Community Facilities District (the “Incidental Expenses”); and
WHEREAS, the City Council of the City (the “City Council”), acting as the legislative body of the Community Facilities District, further intends to approve an estimate of the costs of the Facilities, Services and the Incidental Expenses for the Improvement Area; and WHEREAS, it is the intention of the City Council to consider financing the Facilities, Services and the Incidental Expenses through the formation of the Improvement Area, and the sale of bonds (excluding the Services) in an amount not to exceed $20,000,000 (the “Obligations”) and the levy of a special tax to pay debt service on the Obligations, provided that the bond sale and special tax levy are approved at elections to be held for the Improvement Area; and WHEREAS, the City Council, acting as the legislative body of the Community Facilities District, previously initiated proceedings to form the proposed Improvement Area pursuant to Resolution No. 2024-011 adopted on April 2, 2024 (the “Prior Resolution”);

NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF CHINO AS FOLLOWS:

Section 1. Intention. The City Council declares its intention to conduct proceedings pursuant to said Article 3.5 of the Act for the establishment of Improvement Area No. 11 of the 44 Resolution No. 2024-049

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2 Community Facilities District with boundaries coterminous with the Property. It is further proposed that the boundaries of the Improvement Area shall be the legal boundaries as described in Exhibit A hereto which boundaries shall, upon recordation of the boundary map for the Improvement Area of the Community Facilities District, include the entirety of any parcel subject to taxation by Community Facilities District within the Improvement Area , except where indicated on the boundary map, and as depicted on the boundary map of the Improvement Area of the Community Facilities District which is on file with the City Clerk. The City Clerk is hereby directed to sign the original boundary map of the Improvement Area of the Community Facilities District and record it with all proper endorsements thereon with the County Recorder of the County of San Bernardino within 15 days after the adoption of this resolution, all as required by Section 3111 of the Streets and Highways Code of the State of California.

Section 2. Name of the Community Facilities District . The name of the existing Community Facilities District is “Comm unity Facilities District No. 2003-3 of the City of Chino, County of San Bernardino, State of California,” and the name of the proposed Improvement Area shall be “Improvement Area No. 11 of Community Facilities District No. 2003-3 of the City of Chino, County of San Bernardino, State of California.”
Section 3. Types of Facilities and Services to be Financed by the Improvement Area .

The Facilities proposed to be provided within the Improvement Area are public facilities as defined in the Act. The City Council hereby finds and determines that the description of the Facilities, Services and Incidental Expenses herein is sufficiently informative to allow taxpayers within the Improvement Area to understand what the funds of the Improvement Area may be used to finance, the Facilities, Services and Incidental Expenses expected to be incurred, including the cost of planning and designing the Facilities, the costs of forming the Improvement Area, issuing bonds, levying and collecting a special tax within the Improvement Area a nd the annual administration costs of the Improvement Area. The City Council hereby finds that the proposed Facilities and Services are necessary to meet increased demands placed upon the City as a result of development occurring in the Improvement Area. The Facilities may be acquired from one or more of the property owners as completed public facilities or may be constructed by or on behalf of the City and paid for with bond proceeds. Any portion of the Facilities may be financed through a lease or lease-purchase arrangement if the City hereafter determines that such arrangement is of benefit to the City.

Section 4. Special Taxes. Except where funds are otherwise available, it is the intention of the City Council to levy annually in accordance with the procedures contained in the Act a special tax, secured by a continuing lien against all non-exempt real property in the Improvement Area, sufficient to pay for the Facilities, Services and Incidental Expenses and the principal and interest and other periodic costs on bonds or other indebtedness issued to finance the Facilities and Incidental Expenses, including the establishment and replenishment of any reserve funds deemed necessary by the City, and any remarketing, credit enhancement and liquidity facility fees (including such fees for instruments which serve as the basis of a reserve fund in lieu of cash) attributable to the Improvement Area. The rate and method of apportionment and manner of collection of the special tax in the Improvement Area is described in det ail in Exhibit C attached hereto (which attachment is incorporated herein by this reference). Exhibit C allows each landowner within the Improvement Area to estimate the maximum amount that may be levied against each parcel.

If special taxes of the Impr ovement Area are levied against any parcel used for private residential purposes, (i) the maximum special tax rate shall not be increased except to the extent permitted in the rate and method, (ii) Special Tax A shall not be levied later than the 2067-68 45 Resolution No. 2024-049

Page 3 of 21 ends

3 Fiscal Year and Special Tax B shall be levied in perpetuity as long as the Services are being provided, (iii) under no circumstances shall such special tax in the Improvement Area be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within the Improvement Area by more than ten percent (10%).

The special tax is based on the expected demand that each parcel of real property within the Improvement Area will place on the Facilities and Services and on the benefit that each parcel derives from the services to be provided by the Facilities. The City Council hereby determines the rate and method of apportionment of the special tax set forth in Exhibit C to be reasonable.

The special tax is apportioned to each parcel on the foregoing basis pursuant to Section 53325.3 of the Act; and such special tax is not on or based upon the value or ownership of real property.

In the event that a portion of the property within the Improvement Area shall become for any reason exempt, wholly or partially, from the levy of the special tax specified in Exhibit C, the City Council shall, on behalf of the Community Facilities District, cause the levy to be increased, subject to the limitation of the maximum special tax for a parcel as set forth in Exhibit C, to the extent necessary upon the remaining property within the Improvement Area which is not exempt in order to yield the special tax revenues required for the purposes described in this Section. The obligation to pay special taxes may be prepaid as provided in the rate and method of apportionment set forth in Exhibit C, as such rate and method may be amended hereafter.

Section 5. Public Hearing . A combined public hearing (the “Hearing”) on the establishment of the Improvement Area, the proposed rate and method of apportionment of the special tax and the proposed issuance of bonds to finance the Facilities and the Incidental Expenses shall be held at 6:00 p.m., or as soon thereafter as practicable, on November 5, 2024, at the City of Chino Council Chambers, 13220 Central Avenue, Chino, California. If the City Council determines to form the Improvement Area, a special election will be held to authorize the issuance of the bonds and the levy of the special tax in accordance with the procedures contained in Government Code Section 53326. If such election is held, the proposed voting procedure at the election will be a landowner vote with each landowner who is the owner of record of land within the Improvement Area at the close of the Hearing, or the authorized representative thereof, having one vote for each acre or portion thereof owned within the Improvement Area. Ballots for the special election may be distributed by mail or by personal service.

At the time and place set forth above for the Hearing, the City Council will receive testimony as to whether the Improvement Area shall be established and whether special taxes shall be levied in accordance with the proposed method of apportionment of the special tax, and whether Obligations shall be issued to finance Facilities and Incidental Expenses of the Improvement Area.

At the time and place set forth above for the Hearing, any interested person, including all persons owning lands or registered to vote within the Improvement Area, may appear and be heard.

Section 6. Notice. The City Clerk is hereby authorized and directed to publish a notice (the “Notice”) of the Hearing pursuant to Section 6061 of the Government Code in a newspaper of general circulation published in the area of the Improvement Area. The City Clerk is further authorized and directed to mail a copy of the Notice to each of the landowners within the boundaries of the Improvement Area at least 15 days pr ior to the Hearing. The Notice shall contain the text or a summary of this Resolution, the time and place of the Hearing, a statement that the testimony of all interested persons or taxpayers will be heard, a description of the protest rights of the registered voters and landowners in the Improvement Area and a description of the 46 Resolution No. 2024-049

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4 proposed voting procedure for the election required by the Act. Such publication shall be completed at least seven (7) days prior to the date of the Hearing.

Section 7. Reports re Facilitie s and Services . Each City officer who is or will be responsible for providing the Facilities and Services within the Improvement Area, if it is established, is hereby directed to study the Improvement Area and, at or before the time of the Hearing, file a report with the City Council containing a brief description of the public facilities and services by type which will in his or her opinion be required to meet adequately the needs of the Improvement Area and an estimate of the cost of providing those public facilities and services.

Section 8. Advance of Funds. The City may accept advances of funds or work -in-kind from any source, including, but not limited to, private persons or private entities, for any authorized purpose, including, but not limited to, paying any cost incurred by the City in creating the Improvement Area. The City may enter into an agreement with the person or entity advancing the funds or work -in-kind, to repay all or a portion of the funds advanced, or to reimburse the person or entity for the value, or cost, whichever is less, of the work-in-kind, as determined by the City Council, with or without interest.

Section 9. Maximum Bonded Indebtedness . The reasonably expected maximum principal amount of the Obligations is Twenty Million Dollars ($20,000,000).

Section 10. Reservation of Rights. Except to the extent limited in any bond resolution or trust indenture related to the issuance of bonds, the City Council hereby reserves to itself all rights and powers set forth in Section 53344.1 of the Act (relating to tenders in full or partial payment).

Section 11. Prior Resolution. This Resolution hereby amends, restates and supersedes the Prior Resolution in its entirety.

Section 12. This Resolution shall be effective upon its adoption.

PASSED AND ADOPTED by the City Council at a regular meeting held on the 1st day of October 2024.

CITY COUNCIL OF THE CITY OF CHINO:

By:_____________________________________
Eunice M. Ulloa,
Mayor of the City of Chino
ATTEST:
________________________________
Natalie Gonzaga
City Clerk of the City of Chino

47 Resolution No. 2024-049

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5 STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss.

CITY OF CHINO )
I, NATALIE GONZAGA, City Clerk of the City of Chino, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Chino at a regular meeting held on the 1st day of October 2024, by the following votes:

AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS

NATALIE GONZAGA, CITY CLERK
Attachments: Exhibit A, B and C

48 A-1

EXHIBIT A

DESCRIPTION OF THE PROPOSED IMPROVEMENT AREA
The property in the City of Chino, County of San Bernardino, California, identified by the San Bernardino County Assessor as Assessor’s Parcel Nos.:
1057-181-29-0-000 (portion)
1057-181-30-0-000 (portion)
1057-181-36-0-000 (portion)

49 B-1

EXHIBIT B

DESCRIPTION OF PUBLIC FACILITIES AND SERVICES

TYPES OF PUBLIC FACILITIES
The types of Facilities that are proposed by CFD No. 2003-3 and financed with the proceeds of special taxes and bonds issued by CFD No. 2003-3 consist of backbone infrastructure needed for new development, such as roadway, bridge, sewer, water, reclaimed water, dry utilities, storm drain, street and parkway landscaping, curb and gutter, medians, median landscaping, traffic signals, entry signage, parks, trails, fire facilities, library facilities and public community facilities, and appurtenances and appurtenant work, and development impact fees that are used by the City to construct infrastructure.

The facilities are necessary for development of the property within the boundaries of the district and are generally intended to comply with the requirements of The Preserve Specific Plan, dated March 2003, as it may be amended.

The amount of bond proceeds disbursed with respect to dry utilities and the City’s 12% administrative fee relating to Public Facilities shall be approved by the City and shall not exceed the limitations established by federal and state law applicable to tax-exempt municipal bonds.

The description of Public Facilities is general in nature. The final nature and location of the Public Facilities will be determined upon preparation of final plans and specifications.

TYPES OF SERVICES
The types of Services that are proposed to be provided by CFD No. 2003-3 and funded with the proceeds of special taxes levied by CFD No. 2003-3 consist of services permitted under the Mello-Roos Community Facilities Act of 1982 including, without limitation, maintena nce of parks, parkways and open space, flood and storm protection services the operation of storm drainage systems, and public safety services. All of the services financed must be provided within the boundaries of or for the benefit of CFD No. 2003-3.

50 C-1

EXHIBIT C

RATE AND METHOD OF APPORTIONMENT FOR
COMMUNITY FACILITIES DISTRICT NO. 2003-3

OF THE CITY OF CHINO
(IMPROVEMENT AREA NO. 11)
The following sets forth the Rate and Method of Apportionment for the levy and collection of Annual Special Tax A and Annual Special Tax B in Improvement Area No. 11 of the City of Chino (“City”) Community Facilities District No. 2003 -3 (“CFD No. 2003-3”). An Annual Special Tax A and Annual Special Tax B shall be levie d on and collected in Improvement Area No. 11 of CFD No. 2003-3 each Fiscal Year, in an amount determined through the application of the Rate and Method of Apportionment described below. All of the real property within Improvement Area No. 11, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided.

SECTION A

DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Acquisition Agreement” means the Acquisition Agreement dated as of May 18, 2004 by and between the City and Chino Development Corporation, et al, as it may be amended. “Acre” or “Acreage” means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the applicable Final Map, or if the land area is not shown on the applicable Final Map, the land area shall be calculated by the City Engineer.
“Act” means the Mello-Roos Community Facilities Act of 1982 as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California. “Administrative Expenses” means any ordinary and necessary expenses allocable to the Special Tax A Requirement and to the Special Tax B Requirement which are incurred by the City on behalf of Improvement Area No. 11 related to the determination of the amount of the levy of Special Tax A and Special Tax B, the collection of Special Tax A and Special Tax B including the expenses of collecting delinquenci es, the administration of Bonds, the payment of salaries and benefits of any City employee whose duties are directly related to the administration of Improvement Area No. 11, and costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2003-3 relating to Improvement Area No. 11. “Administrator” means an official of the City, or designee thereof, responsible for, among other things, determining the annual amount of the levy and collection of the Special Tax A and Special Tax B.
“Agricultural Buffer Property” means all Assessor’s Parcels which have a restriction on development due to their location being within 100 feet of existing animal use pursuant to the “DEVELOPMENT PLAN, General Development Standards, Right -to-Farm, Development Standards” section of the Preserve Specific Plan approved on March 25, 2003. 51 C-2

“Annual Special Tax A” means for each Assessor’s Parcel, the Special Tax A actually levied in a given Fiscal Year on any Assessor’s Parcel.
“Annual Special Tax B” means for each Assessor’s Parcel, the Special Tax B actually levied in a given Fiscal Year on any Assessor’s Parcel.
“Approved Property” means all Assessor’s Parcels of Taxable Property other than Provisional Undeveloped Property: (i) that are included in a Final Map that was recorded prior to the January 1st preceding the Fiscal Year in which the Special Tax A is being levied, and (ii) that have not been issued a building permit on or before March 1st preceding the Fiscal Year in which the Special Tax A is being levied.
“Assessor’s Parcel” means a lot or parcel of land designated on an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number within the boundaries of Improvement Area No. 11. “Assessor’s Parcel Map” means an official map of the Asses sor of the County designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means that number assigned to a lot or parcel of land by the County Assessor for purposes of identification.
“Assigned Annual Special Tax A” means the Special Tax A of that name described in Section D below.
“Backup Annual Special Tax A” means the Special Tax A of that name described in Section E below.
“Bonds” means those bonds issued by or on behalf of CFD No. 2003 -3 Improvement Area No. 11, or any refunding thereof, to which Special Tax A within Improvement Area No. 11 has been pledged.
“Boundary Map” means a recorded map of the CFD No. 2003-3 which indicates the boundaries of Improvement Area No. 11 of CFD No. 2003-3.
“Building Square Footage” or “BSF” means the square footage of assessable internal living space, exclusive of garages or other structures not used as living space, as determined by reference to the building permit application for such Assessor’s Parcel and subject to verification by City Staff.
“Calendar Year” means the period commencing January 1 of any year and ending the following December 31.
“CFD No. 2003 -3” means Community Facilities District No. 2003 -3 Improvement Area No. 11 established by the City under the Act.
“City” means the City of Chino, or its designee.
“City Council” means the City Council of the City of Chino, acting as the legislative body of CFD No. 2003-3, or its designee.
52 C-3

"Consumer Price Index" or “CPI” means the index published monthly by the U.S. Department of Labor, Bureau of Labor Statistics for all urban consumers in the Riverside -San Bernardino- Ontario area. In the event this index ceases to be published, the Consumer Price Index shall be another index as determined by the Administrator that is reasonably comparable to the Consumer Price Index for the Riverside-San Bernardino-Ontario.
“County” means the County of San Bernardino.
“Developed Property” means all Assessor’s Parcels of Taxable Property other than Provisional Undeveloped Property that: (i) are included in a Final Map that was recorded prior to January 1st preceding the Fiscal Year in which the Special Tax A is being levied, and (ii) a building permit was issued on or before March 1st preceding the Fiscal Year in which the Special Tax A or Special Tax B is being levied.
“Exempt Property” means all Assessor’s Parcels designated as being exempt from both Special Tax A and Special Tax B as provided for in Section L.
“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 4285 that creates individual lots for which building permits may be issued without further subdivision. “Fiscal Year” means the period commencing July 1 of any year and ending the following June

30. “Improvement Area No. 11” means Improvement Area No. 11 of CFD No. 2003-3, as identified on the boundary map for CFD No. 2003-3 Improvement Area No. 11. “Land Use Type” means Residential Property, Multifamily Residential Property, or Non - Residential Property.
“Maximum Special Tax A” means for each Assessor’s Parcel of Taxable Property, the maximum Special Tax A, determined in accordance with Section C that can be levied in any Fiscal Year on such Assessor’s Parcel.
“Maximum Special Tax B” means for each Assessor’s Parcel of Developed Property, the maximum amount of Special Tax B, determined in accordance with Section I that can be levied in any Fiscal Year on such Assessor’s Parcel.
“Multifamily Residential Property” means all Parcels of Developed Property for which a building permit has been issued for the purpose of constructing a building or buildings comprised of attached Units available for rental by the general public, not for sale to an end user, and under common management, as determined by the Administrator.
“Non-Residential Property” means all Assessor’s Parcels of Developed Property for which a building permit was issued for any type of non-residential use. “Partial Prepayment Amount” means the amount required to prepay a portion of the Special Tax A obligation for an Assessor’s Parcel, as described in Section H. 53 C-4

“Prepayment Amount” means the amount required to prepay the Special Tax A obligation in full for an Assessor’s Parcel, as described in Section G.
“Proportionately” means for Special Tax A that the ratio of the Annual Special Tax A levy to the applicable Assigned Annual Special Tax A is equal for all applicable Assessor’s Parcels. In the case of Special Tax B, means that the ratio of the Annual Special Tax B levy to the applicable Maximum Special Tax B is equal for all applicable Assessor’s Parcels. In case of Developed Property subject to the apportionment of the Annual Special Tax A under Step Four of Section F, “Proportionately” means that the quotient of (a) Annual Special Tax A less the Assigned Annual Special Tax A divided by (b) the Backup Annual Special Tax A less the Assigned Annual Special Tax A, is equal for all applicable Assessor’s Parcels.
“Provisional Undeveloped Property” means all Assessor’s Parcels of Taxable Property subject to Special Tax A that would otherwise be classified as Exempt Property pursuant to the provisions of Section L, but cannot be classified as Exempt P roperty because to do so would reduce the Acreage of all Taxable Property within the applicable Zone below the required minimum Acreage set forth in Section L.
“Residential Property” means all Assessor’s Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units, which is not Multifamily Residential Property.
“Services” means services permitted under the Act including, without limitation, maintenance of parks, parkways and op en space, flood and storm protection services the operation of storm drainage systems, and public safety services. All of the services financed must be provided within the boundaries of or for the benefit of CFD No. 2003-3. “Special Tax A” means any of th e special taxes authorized to be levied on Taxable Property within Improvement Area No. 11 by CFD No. 2003-3 pursuant to the Act to fund the Special Tax A Requirement.
“Special Tax B” means the special tax authorized to be levied in each Fiscal Year on eac h Assessor's Parcel of Developed Property to fund the Special Tax B Requirement. “Special Tax A Requirement” means, subject to the Maximum Special Tax A, the amount required in any Fiscal Year to pay: (i) the debt service or the periodic costs on all outst anding Bonds due in the Calendar Year that commences in such Fiscal Year, (ii) Administrative Expenses (apportioned between Special Tax A and Special Tax B), (iii) the costs associated with the release of funds from an escrow account, (iv) any amount required to establish or replenish any reserve funds established in association with the Bonds, and (v) the collection or accumulation of funds for the acquisition or construction of facilities or payment of fees authorized by CFD No. 2003 -3 by the levy on Deve loped Property of the Assigned Annual Special Tax A, as required by the Acquisition Agreement provided that the inclusion of such amount does not cause an increase in the levy of Special Tax A on Approved Property or Undeveloped Property as set forth in Step Two and Three of Section F, less (vi) any amount available to pay debt service or other periodic costs on the Bonds pursuant to any applicable fiscal agent agreement, or trust agreement. “Special Tax B Requirement” means, subject to the Maximum Special Tax B, that amount to be collected in any Fiscal Year to pay for Services as required to meet the needs of CFD No. 2003-3 in both the current Fiscal Year and the next Fiscal Year. The costs of Services to be covered shall be the direct costs for (i) Servi ces, and (ii) Administrative Expenses (apportioned 54 C-5

between Special Tax A and Special Tax B); less (iii) a credit for funds available to reduce the Annual Special Tax B levy, if any, as determined by the Administrator. Under no circumstances shall the Special Tax B Requirement include funds for Bonds. “Taxable Property” means all Assessor’s Parcels within Improvement Area No. 11, which are not Exempt Property.
“Undeveloped Property” means all Assessor’s Parcels of Taxable Property which are not Developed Property, Approved Property or Provisional Undeveloped Property. “Unit” means any residential structure.
“Zone(s)” means Zone 1 or Zone 2 as identified below.
“Zone 1” means the specific area identified on the Boundary Map as Zone 1 of Improvement Area No. 11, consisting of Lots 1 through 59 of Tract 20466-1. “Zone 2” means the specific area identified on the Boundary Map as Zone 2 of Improvement Area No. 11, consisting of Lots 1 through 55 of Tract 20466.

SECTION B
CLASSIFICATION OF ASSESSOR’S PARCELS
Each Fiscal Year, beginning with Fiscal Year 2025 -26, each Assessor’s Parcel within Improvement Area No. 11 shall be classified as Taxable Property or Exempt Property. In addition, each Assessor’s Parcel of Taxable Property shall be further classified as Developed Property, Approved Property, Undeveloped Property, or Provisional Undeveloped Property. In addition, each Assessor’s Parcel of Developed Property, Approved Property, Undeveloped Property and Provisional Undeveloped Property shall be classified a s being within Zone 1 or Zone 2. If an Assessor’s Parcel of Approved Property, Undeveloped Property, or Provisional Undeveloped Property is located within more than one Zone, it shall be deemed to be entirely within the Zone in which the largest portion o f its Acreage is located. In addition, each Assessor’s Parcel of Developed Property shall further be classified as Residential Property, Multifamily Residential Property, or Non-Residential Property.

SECTION C

MAXIMUM SPECIAL TAX A

1. Developed Property
The Maximum Special Tax A for each Assessor’s Parcel of Residential Property, Multifamily Residential Property, or Non-Residential Property in any Fiscal Year shall be the greater of (i) the Assigned Annual Special Tax A or (ii) the Backup Annual Special Tax A.

2. Approved Property, Undeveloped Property, and Provisional Undeveloped Property The Maximum Special Tax A for each Assessor’s Parcel classified as Approved Property, Undeveloped Property, or Provisional Undeveloped Property in any Fiscal Year shall be the Assigned Annual Special Tax A.
55 C-6

SECTION D

ASSIGNED ANNUAL SPECIAL TAX A

1. Developed Property
Each Fiscal Year, each Assessor’s Parcel of Residential Property, Multifamily Residential Property, or Non-Residential Property shall be subject to an Assigned Annual Special Tax A.

The Assigned Annual Special Tax A applicable to an Assessor's Parcel of Developed Property shall be determined using the Tables below.

TABLE 1

ASSIGNED ANNUAL SPECIAL TAX A RATES
FOR DEVELOPED PROPERTY WITHIN ZONE 1
Land Use Type Building Square Footage Rate
Residential Property Less than 2,800 $8,710 per Unit
Residential Property 2,800 – 3,000 $9,035 per Unit
Residential Property 3,001 – 3,200 $9,360 per Unit
Residential Property Greater than 3,200 $9,685 per Unit Multifamily Residential Property N/A $80,952 per Acre
Non-Residential Property N/A $80,952 per Acre

TABLE 2

ASSIGNED ANNUAL SPECIAL TAX A RATES
FOR DEVELOPED PROPERTY WITHIN ZONE 2
Land Use Type Building Square Footage Rate
Residential Property Less than 2,700 $8,620 per Unit
Residential Property 2,700 – 2,900 $8,900 per Unit
Residential Property 2,901 – 3,100 $9,180 per Unit
Residential Property 3,101 – 3,300 $9,460 per Unit
Residential Property 3,301 – 3,500 $9,740 per Unit
Residential Property 3,501 – 3,700 $10,020 per Unit
Residential Property Greater than 3,700 $10,300 per Unit Multifamily Residential Property N/A $75,283 per Acre
Non-Residential Property N/A $75,283 per Acre

2. Approved Property, Undeveloped Property, and Provisional Undeveloped Property Each Fiscal Year, each Assessor’s Parcel of Approved Property, Undeveloped Property, and Provisional Undeveloped Property shall be subject to an Assigned Annual Special Tax A. The Assigned Annual Special Tax A rate for an Assessor’s Parcel classif ied as Approved Property, Undeveloped Property, or Provisional Undeveloped Property shall be determined pursuant to Table 3 below:
56 C-7

TABLE 3

ASSIGNED ANNUAL SPECIAL TAX A RATES

FOR APPROVED PROPERTY, UNDEVELOPED PROPERTY,

AND PROVISIONAL UNDEVELOPED PROPERTY
Zone Minimum Taxable Acreage Rate
Zone 1 6.68 $80,952 per Acre
Zone 2 7.25 $75,283 per Acre
If an Assessor’s Parcel of Approved Property or Undeveloped Property includes an area that would be classified as Agricultural Buffer Property, the Acreage of the Assessor’s Parcel for purposes of levying the Assigned Annual Special Tax A shall exclude the Acreage of the area that would be classified as Agricultural Buffer Property.

SECTION E

BACKUP ANNUAL SPECIAL TAX A
For each Zone, at the time a Final Map is recorded, the City shall determine which Zone the Final Map area lies within and the Backup Annual Special Tax A for all Assessor’s Parcels classified or reasonably expected to be classified as Residential Property within such Final Map area shall be determined by multiplying the Maximum Special Tax A rate for Undeveloped Property for the applicable Zone by the total Acreage of Taxable Property, excluding the Provisional Undeveloped Property Acreage area, or Multifamily Residential Property and/or Non -Residential Property Acreage area if any, in such Final Map area and any Acreage reasonably expected to be classified as Exempt Property, and dividing such amount by the total number of such Assessor’s Parcels of Residential Property. In no circumstance shall the total Acreage of Taxable Property in each Zone be less than the acreage set forth in Table 3.

If the Final Map area described in the preceding paragraph lies within more than one Zone, the Backup Special Tax for Parcels of Residential Property or Parce ls expected to be classified as Residential Property shall be determined by multiplying the Maximum Special Tax A rate for Undeveloped Property for the applicable Zone in which the majority of each Assessor Parcel lies by the total Acreage of each Assessor Parcel.

The Backup Annual Special Tax A for Multifamily Residential Property shall be its Annual Assigned Special Tax A Rate.

Notwithstanding the foregoing, if Assessor’s Parcels which are classified or to be classified as Residential Property or Multifamily Residential Property are subsequently changed by recordation of a lot line adjustment, Final Map amendment, new Final Map or similar instrument, then the Backup Annual Special Tax A shall be recalculated within the area that has been changed to equal the amount of Backup Annual Special Tax A that would have been generated if such change did not take place.

SECTION F

METHOD OF APPORTIONMENT OF THE ANNUAL SPECIAL TAX A
Commencing Fiscal Year 2025 -26 and for each subsequent Fiscal Year, the City Council shall levy Annual Special Tax A in accordance with the following steps:
57 C-8

Step One: The Annual Special Tax A shall be levied Proportionately on each Assessor's Parcel of Developed Property at up to 100% of the applicable Assigned Annual Special Tax A rates i n Table 1 and Table 2 to satisfy the Special Tax A Requirement.

Step Two: If additional moneys are needed to satisfy the Special Tax A Requirement after the first step has been completed, the Annual Special Tax A shall be levied Proportionately on each Assessor's Parcel of Approved Property at up to 100% of the applicable Assigned Annual Special Tax A to satisfy the Special Tax A Requirement.

Step Three: If additional moneys are needed to satisfy the Special Tax A Requirement after the first two steps have been completed, the Annual Special Tax A shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property up to 100% of the Assigned Annual Special Tax A for Undeveloped Property applicable to each such Assessor's Parcel as needed to satisfy the Special Tax A Requirement.

Step Four: If additional moneys are needed to satisfy the Special Tax A Requirement after the first three steps have been completed, then the Annual Special Tax A on each Assessor's Parcel of Developed Property for which the Maximum Special Tax A is the Backup Annual Special Tax A shall be increased Proportionately from the Assigned Annual Special Tax A up to 100% of the Backup Annual Special Tax A as needed to satisfy the Special Tax A Requirement.

Step Five: If additional moneys are needed to satisfy the Special Tax A Requirement after the first four steps have been completed, the Annual Special Tax A shall be levied Proportionately on each Assessor's Parcel of Provisional Undeveloped Property up to 100% of the Assigned Annual Special Tax A applicable to each such Assessor's Parcel as needed to satisfy the Special Tax A Requirement.

SECTION G

PREPAYMENT OF ANNUAL SPECIAL TAX A
The following definition applies to this Section G:
“Outstanding Bonds” means all previously is sued Bonds issued and secured by the levy of Special Tax A which will remain outstanding after the first interest and/or principal payment date following the current Fiscal Year, excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of Maximum Special Tax A.

Prepayment:

The Special Tax A obligation of an Assessor's Parcel of Developed Property, an Assessor's Parcel of Approved Property, an Assessor's Parcel of Undeveloped Property, and an Assessor’s Parcel of Provisional Undeveloped Property may be prepaid in full, provided that there are no delinquent Special Tax A, penalties, or interest charges outstanding with respect to such Assessor’s Parcel at the time the Special Tax A obligation would be prepaid. The Prepayment Amoun t for an Assessor’s Parcel eligible for prepayment shall be determined as described below.

An owner of an Assessor’s Parcel intending to prepay the Special Tax A obligation shall provide the City with written notice of intent to prepay, and within five (5) days of receipt of such notice, 58 C-9

the City shall notify such owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by Improvement Area No. 11 in calculating the proper amount of a prepayment. Within fifteen (15) days of receipt of such non -refundable deposit, the City shall notify such owner of the prepayment amount of such Assessor’s Parcel.

The Prepayment Amount for each applicable Assessor's Parcel shall be calculated according to the following formula (capitalized terms defined below):

Payoff Amount
plus Administrative Fee
equals Prepayment Amount
As of the date of prepayment, the Prepayment Amount shall be calculated as follows:

1. For an Assessor’s Parcel of Developed Property and Provisional Undeveloped Property, compute the Assigned Annual Special Tax A applicable to the Assessor’s Parcel. For an Assessor’s Parcel of Approved Property, compute the Assigned Annual Special Tax A as though it was already designated as Developed Property based upon the building permit issued or expected to be issued for that Assessor’s Parcel. For an Assessor’s Parcel of Undeveloped Property compute the Assigned Annual Special Tax A as though it was already designated as Developed Property based upon the building permit issued or expected to be issued for that Assessor’s Parcel.

For each Assessor’s Parcel of Developed Property, Approved Property, Undeveloped Property, or Provisional Undeveloped Prope rty to be prepaid, compute the present value of the remaining Annual Assigned Special Tax A payments using a discount rate that is equal to the weighted average interest rate on the Outstanding Bonds and the remaining term of the Outstanding Bonds determined by a Financial Advisor selected by the City. For any prepayment that occurs prior to the first issuance of Bonds, the discount rate used in this calculation shall be 5.5% and the term shall be the period in which the Special Tax A may be levied as provided in Section K less ten years. This is the “Payoff Amount.”

2. For each Assessor’s Parcel of Developed Property, Approved Property, Undeveloped Property, or Provisional Undeveloped Property to be prepaid, divide the Assigned Annual Special Tax A compu ted pursuant to the first paragraph in paragraph 1 of this Section G for such Assessor's Parcel by the sum of the estimated Assigned Annual Special Tax applicable to all Assessor’s Parcels of Taxable Property at build out, as reasonably determined by the City.

3. Multiply the quotient computed pursuant to paragraph 2 by the Outstanding Bonds.

The product shall be the “Bond Redemption Amount”.

4. Multiply the Bond Redemption Amount by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed with the proceeds of the Bond Redemption Amount. This product is the “Redemption Premium.”

5. Compute the amount needed to pay interest on the Bond Redemption Amount to be redeemed with the proceeds of the Prepayment Amount until the earliest cal l date for the Outstanding Bonds.
59 C-10

6. Determine the amount of interest earnings to be derived from the reinvestment of the Bond Redemption Amount plus the Redemption Premium in State and Local Government Series Treasury Obligations until the earliest call d ate for the Outstanding Bonds.

7. Subtract the amount computed pursuant to paragraph 6 from the amount computed pursuant to paragraph 5. This difference is the “Defeasance Cost.”

8. Estimate the administrative fees and expenses associated with the prepayme nt, including the costs of computation of the Prepayment Amount, the costs of redeeming Bonds, and the costs of recording any notices to evidence the prepayment and the redemption. This amount is the “Administrative Fee.”

9. Calculate the “Reserve Fund Credit” as the lesser of: (a) the expected reduction in the applicable reserve requirements, if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirements in ef fect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the applicable reserve funds on the prepayment date. Notwithstanding the foregoing, if the reserve fund requirement is satisfied by a surety bond or other instrument at the time of the prepayment, then no Reserve Fund Credit shall be given.

Notwithstanding the foregoing, the Reserve Fund Credit shall in no event be less than zero.

10. The “Amount to Call Bonds” is equal to the sum of the Bond Redemption Amount, the Redemption Premium, and the Defeasance Cost, less the Reserve Fund Credit (the Amount to Call Bonds will be transferred to the debt service fund and used to defease or call bonds).

11. The Prepayment Amount is the sum of the Payoff Amount and the Adm inistrative Fee.

12. From the Prepayment Amount, the Amount to Call Bonds will be transferred to the debt service fund and used to defease or call bonds pursuant to the fiscal agent agreement or escrow agreement; the Administrative Fee will be transferred to the Administrative Fund or functionally equivalent fund or account pursuant to the fiscal agent agreement and used to pay administrative expenses; the remainder will be transferred to the Surplus Taxes Fund or functionally equivalent fund or account pursuant to the fiscal agent agreement.

With respect to the Special Tax A obligation that is prepaid pursuant to this Section G, the City Council shall indicate in the records of Improvement Area No. 11 that there has been a prepayment of the Special Tax A ob ligation and shall cause a suitable notice to be recorded in compliance with the Act within thirty (30) days of receipt of such prepayment to indicate the prepayment of the Special Tax A obligation and the release of the Special Tax A lien on such Assessor’s Parcel, and the obligation of such Assessor’s Parcel to pay such Special Tax A shall cease.

Notwithstanding the foregoing, no prepayment will be allowed unless the amount of Special Tax A that may be levied on Taxable Property after such full prepayment , net of Administrative 60 C-11

Expenses, shall be at least 1.1 times the regularly scheduled annual interest and principal payments on all Outstanding Bonds in each future Fiscal Year.

SECTION H

PARTIAL PREPAYMENT OF ANNUAL SPECIAL TAX A
The Special Tax A obligation of an Assessor's Parcel of Developed Property, Approved Property, Undeveloped Property, or Provisional Undeveloped Property, for which a building permit has been issued or is expected to be issued, as calculated in this Section H below, may be partially prepaid, provided that there are no delinquent Special Tax A, penalties, or interest charges outstanding with respect to such Assessor’s Parcel at the time the Special Tax A obligation would be prepaid.

The Partial Prepayment Amount shall be calculated according to the following formula:

PP = PG x F
The terms above have the following meanings:

PP = the Partial Prepayment Amount.

PG = the Prepayment Amount calculated according to Section G.

F = the percent by which the owner of the Assessor’s Parcel is partially prepaying the Special Tax A obligation.

With respect to any Assessor’s Parcel that is partially prepaid, the City Council shall indicate in the records of Improvement Area No. 11 that there has been a partial prepayment of the Special Tax A obligation and shall cause a suitable notice to be recorded in compliance with the Act within thirty (30) days of receipt of such partial prepayment of the Special Tax A obligation, to indicate the partial prepayment of the Special Tax A obligation and the par tial release of the Special Tax A lien on such Assessor’s Parcel, and the obligation of such Assessor’s Parcel to pay such prepaid portion of the Special Tax A shall cease.

Notwithstanding the foregoing, no partial prepayment will be allowed unless the amount of Special Tax A that may be levied on Taxable Property after such partial prepayment, net of Administrative Expenses, shall be at least 1.1 times the regularly scheduled annual interest and principal payments on all currently Outstanding Bonds in each future Fiscal Year.

SECTION I

MAXIMUM SPECIAL TAX B

1. Developed Property
Maximum Special Tax B
The Maximum Special Tax B for each Assessor’s Parcel of Developed Property for each Land Use Type is shown in the Tables below.

On each July 1, commencing July 1, 2025, the Maximum Special Tax for Residential Property for the prior Fiscal Year shall be increased by (i) an amount equal to the percentage change increase in the Consumer Price Index for the twelve month period ending in March of the prior Fiscal Year, not to exceed 7%. 61 C-12

The Maximum Special Tax for Multifamily Residential Property and Non -Residential Property shall not increase.

TABLE 4

MAXIMUM SPECIAL TAX B RATES
FOR DEVELOPED PROPERTY WITHIN ZONE 1
Land Use Type Building Square Footage Rate
Residential Property Less than 2,800 $1,082 per Unit
Residential Property 2,800 – 3,000 $1,125 per Unit
Residential Property 3,001 – 3,200 $1,168 per Unit
Residential Property Greater than 3,200 $1,200 per Unit Multifamily Residential Property N/A $10,054 per Acre
Non-Residential Property N/A $10,054 per Acre

TABLE 5

MAXIMUM SPECIAL TAX B RATES
FOR DEVELOPED PROPERTY WITHIN ZONE 2
Land Use Type Building Square Footage Rate
Residential Property Less than 2,700 $1,071 per Unit
Residential Property 2,700 – 2,900 $1,115 per Unit
Residential Property 2,901 – 3,100 $1,146 per Unit
Residential Property 3,101 – 3,300 $1,195 per Unit
Residential Property 3,301 – 3,500 $1,220 per Unit
Residential Property 3,501 – 3,700 $1,241 per Unit
Residential Property Greater than 3,700 $1,276 per Unit Multifamily Residential Property N/A $9,334 per Acre
Non-Residential Property N/A $9,334 per Acre

2. Approved Property, Undeveloped Property, and Provisional Undeveloped Property No Special Tax B shall be levied on Approved Property, Undeveloped Property, or Provisional Undeveloped Property.

3. Method of Apportionment of the Maximum Special Tax B Commencing with Fiscal Year 2025-26 and for each following Fiscal Year, the City shall levy the Special Tax B at up to 100% of the applicable Maximum Special Tax B, Proportionately on each Assessor’s Parcel of Developed Property until the amount of Special Tax B equals the Special Tax B Requirement.

SECTION J

PREPAYMENT OF ANNUAL SPECIAL TAX B
Special Tax B cannot be prepaid.

SECTION K

TERM OF SPECIAL TAX A AND SPECIAL TAX B
62 C-13

For each Fiscal Year that any Bonds are outstanding the Annual Special Tax A shall be levied on all Assessor’s Parcels subject to the Annual Special Tax A. If any delinquent Annual Special Tax A amounts remain uncollected prior to or after all Bonds are retired, the Annual Special Tax A may be levied to the extent necessary to reimburse Improvement Area No. 11 for uncollected Annual Special Tax A amounts associated with the levy of such Annual Special Tax A amounts, but not later than the 2068-69 Fiscal Year.

Special Tax B shall be levied in perpetuity as long as the Services are being provided.

SECTION L

EXEMPT PROPERTY
The City shall classify as Exempt Property within the applicable Zone, (i) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by the State of California, Federal or other local governments, including school districts, (ii) Assessor’s Parcels which are used as place s of worship and are exempt from ad valorem property taxes because they are owned by a religious organization, (iii) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by a homeowners' association, (iv) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, (v) Assessor’s Parcels which are privately owned and are encumbered by or restricted solely for public use s or classified as Agricultural Buffer Property, or (vi) other types of public uses determined by the City Council.

Notwithstanding the foregoing, the City Council for purposes of levying the Special Tax A shall not classify an Assessor's Parcel as Exempt Property if such classification would reduce the sum of all Taxable Property within the applicable Zone to less than the Acreage amounts listed in Table 6 below. Assessor's Parcels which cannot be classified as Exempt Property because such classification would reduce the Acreage of all Taxable Property within the applicable Zone to less than the Acreage amounts listed in Table 6 will be classified as Provisional Undeveloped Property, and will be subject to the levy of Special Tax A pursuant to Step Five in Section F.

TABLE 6

MINIMUM TAXABLE ACRES
Zone Acres
Zone 1 6.68
Zone 2 7.25

SECTION M

APPEALS AND INTERPRETATIONS
Any property owner claiming that the amount or application of the Special Tax A or Special Tax B is not correct may file a written notice of appeal with the City Council not later than twelve months after having paid the first installment of the Special Tax A or Special Tax B that is disputed.

A representative(s) of CFD No. 2003-3 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of Special Tax A or Special Tax B, and r ule on the appeal. If the representative’s decision requires that the Special Tax A or Special Tax B for an Assessor’s Parcel be modified or changed in favor of the property owner,
The representative shall take any of the following actions, in order of priority, to correct the error:
63 C-14

(i) if possible, amend the Special Tax levy on the property owner’s Assessor’s Parcel(s) for the current Fiscal Year, if prior to the payment date, (ii) require the CFD to reimburse the property owner for the amount of the overpayment to the extent of available CFD funds, or
(iii) grant a credit against, eliminate, or reduce the future Special Taxes on the property owner’s Assessor’s Parcel(s) in the amount of the overpayment.

The City may interpret this Rate and Method of Apportionment of Special Tax for purposes of clarifying any ambiguity and make determinations relative to the amount of Administrative Expenses.

SECTION N

MANNER OF COLLECTION
The Annual Special Tax A or Annual Special Tax B shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that Improvement Area No. 11 may collect Annual Special Tax A and Annual Special Tax B at a different time or in a different manner if necessary to meet its financial obligations.

64 1

RESOLUTION NO. 2024-050

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,

CALIFORNIA, TO INCUR BONDED INDEBTEDNESS WITHIN
IMPROVEMENT AREA NO. 11 OF COMMUNITY FACILITIES
DISTRICT NO. 2003-3 OF THE CITY OF CHINO
WHEREAS, on July 20, 2004, the City Council of the City of Chino (the “City Council”) adopted Resolution No. 2004-55 (the “Resolution of Formation”) to form Community Facilities District No. 2003-3 of the City of Chino (the “Community Facilities District”) pursuant to the Mello- Roos Community Facilities Act of 1982, as amended, comprising Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the “Act”), and the Community Facilities District has been established for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain public facilities and services which are necessary to meet increased demands placed upon the City of Chino (t he “City”) as a result of the development of said real property; and
WHEREAS, upon receipt of a petition as provided in Section 53339.2 of the Act, the City Council of the City (the “City Council”) instituted proceedings to establish Improvement Area No. 11 of the Community Facilities District (the “Improvement Area”) with boundaries coterminous with the property described in Exhibit A to the resolution of intention to establish the Improvement Area (the “Resolution of Intention ”) adopted by the City Council on October 1 , 202 4 (the “Property”). The Resolution of Intention stated the City Council’s intention establish the Improvement Area and to finance (1) the purchase, construction, expansion, improvement or rehabilitation of the public facilities described in Exhibit B to the Resolution of Intention, including all furnishings, equipment and supplies related thereto (collectively, the “Facilities”), (2) the services described in Exhibit B to the Resolution of Intention (collectively the “ Services”) and (3) the incidental expenses to be incurred in connection with financing the Facilities and/or Services, and forming the Improvement Area and administering the Community Facilities District (the “Incidental Expenses”); and
WHEREAS, the City Council estimates that the amount required to finance the Facilities and Incidental Expenses is approximately $20,000,000; and WHEREAS, in order to finance the Facilities and Incidental Expenses, the City Council intends to authorize the issuance of bonds in an amount not to exceed $20,000,000, the repayment of which is to be secured by special taxes levied in accordance with Section 53328 of the Act on all property in the Improvement Area , other than those properties exempted from taxation in the rate and m ethod of apportionment set forth in Exhibit C to the Resolution of Intention; and
WHEREAS, the City Council, acting as the legislative body of the Community Facilities District, previously initiated proceedings to incur bonded indebtedness within the prop osed Improvement Area pursuant to Resolution No. 2024-012 adopted on April 2, 2024 (the “Prior Resolution”);

NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF CHINO AS FOLLOWS:

SECTION 1. The above recitals are true and correct.
65 Resolution 2024-050

Page 2 of 3 ends

SECTION 2. It is necessary to incur bonded indebtedness within the boundaries of the Improvement Area in an amount not to exceed $20,000,000, in order to finance certain of the costs of the Facilities and Incidental Expenses, as permitted by the Act.

SECTION 3. The indebtedness will be incurred for the purpose of financing the costs of the Facilities and the Incidental Expenses, including, but not limited to, the funding of reserve funds for the bonds, the financing of costs associated with the issuance of the bonds and all other costs and expenses necessary to finance the Facilities which are permitted to be financed pursuant to the Act.

SECTION 4. It is the intent of the City Council to authorize the sale of bonds in one or more series, which bonds may be issued to fund Facilities costs and Incidental Expenses in the maximum amount set forth in Section 2, and which bonds may bear interest at a rate not in excess of the maximum rate permitted by law at the time that the bonds are issued. The term of the bonds of each series shall be determined pursuant to a resolution of this City Council authorizing the issuance of the bonds of such series, but such term shall in no event exceed 40 years from the date of issuance of the bonds of such series, or such longer term as is then permitted by law.

SECTION 5. A combined public hearing (the “Hearing”) on the proposed debt issue and the levy of special taxes shall be held at 6:00 p.m. or as soon thereafter as practicable, on November 5, 2024, at the City Council’s Chambers, 13220 Central Avenue, Chino, California.

SECTION 6. At the time and place set forth in this Resolution for the Hearing, any interested persons, including all persons owning land or registered to vote within proposed the Improvement Area, may appear and be heard.

SECTION 7. The City Clerk is hereby directed to publish a notice of the Hearing (the “Notice”) pursuant to Section 6061 of the Government Code in a newspaper of general circulation published in the area of the proposed Improvement Area. Such publication shall be completed at least seven days prior to the date of the Hearing. The City Clerk is further directed to mail a copy of the Notice to each of the landowners within the boundaries of the proposed Improvement Area at least 15 days prior to the Hearing.

SECTION 8. This Resolution hereby amends, restates and supersedes the Prior Resolution in its entirety.

PASSED AND ADOPTED by the City Council at a regular meeting held on the 1st day of October 2024.

CITY COUNCIL OF THE CITY OF CHINO:
____________________________
EUNICE M. ULLOA, MAYOR

ATTEST:

NATALIE GONZAGA, CITY CLERK

CITY OF CHINO
66 Resolution 2024-050

Page 3 of 3 ends

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss.

CITY OF CHINO )

I, NATALIE GONZAGA, City Clerk of the City of Chino, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Chino at a regular meeting held on the 1st day of October 2024, by the following votes:

AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS

NATALIE GONZAGA, CITY CLERK
67 68
69 70
71 72
73 SAN BERNARDINO COUNTY RECORDER’S CERTIFICATE

THIS MAP HAS BEEN FILED UNDER DOCUMENT NUMBER
_________________ THIS _____ DAY OF _________________,
20____, AT ____ __ M., IN BOOK ____ OF ________________ AT PAGE ____, AT THE REQUEST OF CITY OF CHINO IN
THE AMOUNT OF $____________.

CHRIS WILHITE

ASSESSOR-RECORDER-COUNTY CLERK

SAN BERNARDINO COUNTY
BY: __________________________________

DEPUTY RECORDER
SHEET 1 OF 1 SHEET

THIS MAP CORRECTLY SHOWS THE LOT OR PARCEL OF

LAND INCLUDED WITHIN THE BOUNDARIES OF THE COMMUNITY
FACILITIES DISTRICT. FOR DETAILS CONCERNING THE LINES

AND DIMENSIONS OF LOTS OR PARCELS REFER TO THE SAN
BERNADINO COUNTY ASSESSOR'S MAPS FOR FISCAL YEAR 2023-2024.

PROPOSED BOUNDARY MAP

IMPROVEMENT
AREA No. 11
71 83
EUCLID

EL PRADO

BICKMORE

CHINO-CORONA

SULTANA
M

OUNTAIN

KIMBALL GROVE
M

ILL CREEK

SAN ANTONIO BON VIEW
PINE
EUCLID

I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING THE

PROPOSED BOUNDARY OF COMMUNITY FACILITIES DISTRICT
NO. 2003-3, IMPROVEMENT AREA No. 11 OF THE CITY OF CHINO,

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, WAS

APPROVED BY THE CITY COUNCIL OF THE CITY OF CHINO AT
A REGULAR MEETING THEREOF, HELD ON THE ____ DAY OF
_____________,20___, BY IT'S RESOLUTION
NO._________________.
_____________________________________________

CITY CLERK, CITY OF CHINO

FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF
CHINO THIS ___ DAY OF ______________, 20___.

BY: _______________________________

CITY CLERK, CITY OF CHINO
COMMUNITY FACILITIES DISTRICT NO. 2003-3
IMPROVEMENT AREA No. 11

CITY OF CHINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA

VICINITY MAP

NOT TO SCALE
0 300 600
Feet
M:\GIS-Assessment\Chino\CFD_2003-3_IA_11_Boundary.mxd

CHINO-CORONARD

EAST PRESERVE LP
LEGEND

PROPOSED IMPROVEMENT AREA BOUNDARY

LOT BOUNDARY

PARCEL BOUNDARY

ASSESSOR'S PARCEL NUMBER (APN)XXXX-XXX-XX-XXXX

ASSESSOR PARCEL NUMBERS
1057-181-29-0000 (PORTION)
1057-181-30-0000 (PORTION)
1057-181-36-0000 (PORTION)

FOR DETAILS CONCERNING THE LINES AND

DIMENSIONS OF THE TRACT/LOT(S) INCLUDED

WITHIN THE BOUNDARIES OF THE PROPOSED

COMMUNITY FACILITIES DISTRICT, REFER TO

THE COUNTY RECORDER'S TRACT MAP FILED
UNDER DOCUMENT NUMBER 2024-0035635,
THE 15TH DAY OF FEBRUARY 2024 AT
2:49 P.M. IN BOOK NUMBER 367 OF TRACT
MAPS AT PAGE 41-45.
74 MEMORANDUM

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

CITY COUNCIL MEETING DATE: OCTOBER 1, 2024

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

SUBJECT
..titl e
Falloncrest Development Agreement Annual Monitoring Report and Issuance of Certificate of Agreement Compliance.
..end

RECOMMENDATION
Accept the Annual Monitoring Report for the Falloncrest Development Agreement and Authorize the City Manager, or their Designee, to Issue a Certificate of Agreement Compliance. ..body

FISCAL IMPACT
There is no fiscal impact.

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

Revenue: Click or tap here to enter text.

Expenditure:

Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 75 CITY COUNCIL MEETING DATE: OCTOBER 1, 2024
TITLE: FALLONCREST DEVELOPMENT AGREEMENT ANNUAL MONITORING REPORT AND ISSUANCE OF CERTIFICATE OF AGREEMENT COMPLIANCE.

PAGE: 2

BACKGROUND
On July 6, 2021, Loyola Properties and the Pietersma Family Trust, referred to as Falloncrest (Developers) entered into a Developmental Agreement (DA) with the City. The DA was executed to vest certain land use entitlements so that the Developers could improve/develop the property generally located on Pine Avenue bounded by West and East Preserve Loop Roads. In total, the property in question is approximately 100 acres, and at the time of the DA’s approval, operated as a dairy.

At full buildout, the Fallonc rest at the Preserve Master Plan will facilitate the development of up to 1,139 residential units and 155,194 square feet of commercial uses.

ISSUES/ANALYSIS
The DA has been in place for a little over three years, and pursuant to Article 12, the DA calls for an annual review of DA terms and conditions, along with the production of an Annual Monitoring Report (AMR). The AMR is intended to demonstrate the Developer’s compliance with specific DA terms. These conditions encourage the development’s progress to the City’s benefit. All applicable terms and conditions are identified in the AMR, which is attached as Exhibit B to this report.

In June 2024, the Developers submitted the AMR and requested a Certificate of Agreement Compliance (CAC) to affirm that they are progressing to meet all applicable DA obligations. The CAC memorializes and acknowledges the Developers’ continuous efforts from August 5, 2023 to August 5, 202 4. Staff has reviewed the AMR in conjunction with the DA and believes a CAC can be issued to the Developers for the identified time period. Therefore, it is recommended that the City Council authorize the City Manager to issue the third CAC for the Falloncrest DA.

Attachments: Exhibit A: Certificate of Agreement Compliance Exhibit B: Annual Monitoring Report

76 Certificate of Compliance 2024 1

RECORDING REQUESTED BY

AND WHEN RECORDED MAIL TO:

CITY OF CHINO
PO BOX 667
CHINO, CA 91708-0667
ATTN: DEVELOPMENT SERVICES

DEPARTMENT

Fee Exempt – Government Code 6103 SPACE ABOVE THIS LINE FOR RECORDER’S USE

CERTIFICATE OF AGREEMENT COMPLIANCE

FALLONCREST DEVELOPMENT AGREEMENT/ANNUAL MONITORING REPORT 2023-2024

WHEREAS, the City of Chino (“City”) and Loyola Properties 1, L.P. a California Limited Partnership and Ronald C. Pietersma and Kristine B. Pietersma, Trustees of the Pietersma Family Trust (collectively, “Owner” of the property) entered into the FALLONCREST DEVELOPMENT AGREEMENT (the “Agreement”) on July 6, 2021 , effective on August 5, 2021; as Contract No. 2022-141; and

WHEREAS, the City Council of the City of Chino approved the Agreement by adoption of Ordinance No. 2021-009 on July 6, 2021;

WHEREAS, the City Clerk of the City of Chino recorded a copy of the Agreement with the County Recorder of San Bernardino County as Document No. 202 1-0440320, pursuant to Governm ent Code Section 65868.5; and

WHEREAS, the Owner submitted a request in June 202 4 for a Certificate of Agreement Compliance related to the Annual Monitoring Report for the years 202 3-2024 pursuant to Article 12.4 of the Agreement; and

WHEREAS, at the October 15, 2024 City Council meeting, the City Manager submitted a report to the City Council containing City staff’s analysis of such annual monitoring report, setting forth the evidence of good faith compliance with the terms of the Agreement; and

WHEREAS, at the October 15, 2024 City Council meeting, the City Council reviewed the annual monitoring report and authorized staff to execute a Certificate of Agreement Compliance for the Falloncrest Development Agreement covering the years 2023-2024.

77 Certificate of Compliance 2024 2
NOW THEREFORE, the City Council of the City of Chino hereby finds, determines, and declares as follows:

SECTION 1.

A. The Owners are in good faith compliance with the Agreement; and

B. The Owners have sold and closed several tracts to homebuilders (KB – TTM 19979/ TTM 20399 & TriPointe Homes (TPH) – TTM 20312 -1 and -2) and copies of the Agreement were provided to homebuilders, and any related rights and obligations have been assigned. The majority of the site is vacant and the dairy operations have ceased.

C. The City recognizes that regarding Section 2.6.1 of the Agreement, sales of parcels to homebuilders is progressing according to the phasing plan, along with the development of the Public and Private parks as outlined in Section 2.8 of the Agreement.

D. Although the development of all phases has not yet occurred as mentioned in Section 2.4 of the Agreement, the City acknowledges that 1 0 more years remain for this obligation to be met.

E. That Phase 1 of the Water District Improvement Financing was paid by TPH on July 21, 2022 prior to the first anniversary of the effective date completing this obligation.

F. The Owner has entered into a Pine Avenue DIF Pre-Payment agreement and has paid to the City the approximate 1.8 million owed and the $30,000 maintenance obligation.

G. TPH has included the 0.4 -acre park within their approved map for Phase 1 and is constructing approximately seven (7) acres of the 10.78 acre park in accordance with the Park phasing plan. The balance of the 10.7 -acre park shall be constructed with Phase 3 as required by the DA. The second 0.4 -acre park will be constructed with Phase 2.

H. Based on the information known or made known to the City Council of the City of Chino after the most recent Annual Review, the Agreement remains in effect; and the Owner is not in default; and

I. The date of next the Annual Review is anticipated to be in October 2025.

SECTION 2.

A. Any Owner may record this Certificate with the County Recorder.

78 Certificate of Compliance 2024 3
B. Whether or not this Certificate is relied upon by an Owner or an assignee of transferee of an Owner, the City shall not be bound by such a Certificate if a default existed at the time of the Annual Review but was concealed from or otherwise not known to the City Council of the City of Chino.

CITY OF CHINO

By:

Warren Morelion, AICP
Director of Development Services

ATTEST:

By:

Natalie Gonzaga, City Clerk
79 FALLONCREST DEVELOPMENT AGREEMENT

ANNUAL MONITORING REPORT
JUNE 2024

In accordance with section 12.1 of the “Development Agreement by and between City of Chino and Loyola Properties 1, L.P. a California Limited Partnership and Ronald C. Pietersma and Kristine B.

Pietersma, Trustees of the Pietersma Family Trust, dated February 15, 1992” known as the “FallonCrest DA”, this document shall meet the compliance requirement and Owner requests a Certificate of Agreement Compliance in accordance with Section 12.4.

General Information:
• Recording Number: 2021-0440320
• Effective Date: August 5, 2021 (30 days after 2nd reading at City Council (July 7, 2021) • Term: 20th Anniversary of the effective Date = August 5, 2041 Current Status of Site & remaining Entitlements:
• Currently, and consistent with the DA update last year, Owner has sold and closed several tracts to homebuilders (KB – TTM 19979/TTM 20399 & TriPointe Homes (TPH) – TTM 20312-1). Tract 20312-2 is currently also under contract with TriPointe Homes (TPH) and as they await SCE confirmation of service capacity, they are processing their TTM, site plan, improvement plans and architecture packages. The majority of the site is vacant and the dairy operations have ceased. Copies of the Development Agreement were provided to homebuilders and any related rights/obligations have been assigned.
o KB has completed grading and its improvements to E. Preserve Loop, Bickmore and Pine are underway. The Tentative “B” map (TTM 20399) has been approved. Models are open and houses are for sale.
o TPH also has an approved Tentative “B” Map (TTM 20446). o TTM 20312-2 is under contract with TPH and they anticipate to close in the next few months, pending SCE confirmation of service capacity.

Development Agreement Obligations:
• Section 2.4 – Development of all phases has not yet occurred, however, 10 more years still remain for this obligation to be met.
• Section 2.6.1 – Phasing Plan – Sales of parcels to homebuilders is progressing according to the phasing plan.
• Section 2.7 – Water Supply – Phase 1 “Water DIF” will be paid by TPH on or prior to the first anniversary of the effective date. This payment was made by TPH on July 21, 2022, completing this obligation.
• Section 2.8 – Public & Private Parks – TPH has included the 0.4 acre park within their approved B Map for phase 1 and is constructing approximately 7 acres of the 10.7 acre park in accordance with the Park phasing plan. The balance of the 10.7 acre park shall be constructed with phase 3 80 (TTM 20312-3) as required by the DA. The 2nd 0.4 acre park within TTM 20312-2 will be constructed by the pending buyer, TPH.
• Section 2.9 – SCE Easement Improvements – TPH will be constructing the portion of the SCE easement within their tract (TTM 20312-1) and will be seeking fee credit per this section.

Remaining sections will be constructed by phase per the phasing plan. A large portion of the SCE easement lies within TTM 20312-2, and is being designed during their TTM/Site Plan/MSA approval process that TPH is currently going through.
• Section 2.10 – Affordable Housing – all builders should be paying affordable housing fees per section 2.10.3, while Owner plans and designs a potential location for the 82 affordable housing units within Phase 3 (TTM 20312-3). Owner is currently working with Jamboree Housing and has been coordinating with City staff the funding, design and location of the potential 82 units. • Section 2.11 – Pine Improvements – Owner has entered into a Pine Ave DIF Pre-Payment agreement and has paid to the City the approx. $1.8M owed and the $30k maintenance obligation. Owner has coordinated with staff to assign portions of the DIF credits for the approx. $1.8M DIF pre-payment to Homebuilders.
• Section 2.12 & 2.13 – Maintenance HOA’s – Each homebuilder will form their own HOA and enter the PMMC.
• Section 2.14 – CFD – Each homebuilder will form their own CFD and in some cases, may cooperate with each other.
• Section 3.4 – Right of Way and Improvements – Per the development agreement phasing plan, right of way will be dedicated and improvements will be constructed by each individual homebuilder.
o Section 3.4.3 – Traffic Fair Share Payment – All Traffic Fair Share payments (City of Chino and other Cities identified in the Traffic Study) have been made to the City of Chino. • Section 12.4 – Certificate of Agreement Compliance – Owner hereby requests from City a Certificate of Agreement Compliance, based on this document.

81 MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: OCTOBER 1, 2024

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

SUBJECT
..titl e
Final Acceptance of Public Improvements Calvary Chapel Chino Hills Project 4201 Eucalyptus Avenue (M22-0001).
..end

RECOMMENDATION
1) Accept public improvements as complete for project M22 -0001; 2) authorize release of the performance bond and initiate the warranty bond; and 3) authorize the City Manager to execute the necessary documents on behalf of the City.
..body

FISCAL IMPACT
There are sufficient funds included in the City’s Operating Budget to support the ongoing maintenance activities related to the public improvements being accepted.

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

Revenue: Click or tap here to enter text.

Expenditure:

Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 82 CITY COUNCIL MEETING DATE: OCTOBER 1, 2024
TITLE: FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS CALVARY CHAPEL CHINO HILLS PROJECT 4201 EUCALYPTUS AVENUE (M22-0001).

PAGE: 2

BACKGROUND
Calvary Chapel Chino Hills Foundation, located at 4201 Eucalyptus Avenue (see Exhibit A), proposed to build a new accessible pedestrian sidewalk on the north side of Eucalyptus Avenue. The sidewalk was intended to extend from Appian Way to approximately 517 feet east of the intersection. This project aimed to improve pedestrian access to the church from a nearby industrial property, which has been used frequently as an overflow parking lot by parishioners.

In December 2022, the Development Services Department approved an Engineering Cost Estimate provided by Calvary Chapel for the design and construction of the sidewalk. The City also required the installation of traffic interconnect conduit and pull box imp rovements on Eucalyptus Avenue be made alongside the sidewalk installation to enable the future extension of the existing fiber network, which is expected to connect to the Ramona Avenue signalized intersection with a future project. On February 21, 2023, Calvary Chapel entered into a Public Improvement Agreement with the City and posted the necessary securities to ensure timely completion of the public improvements on Eucalyptus Avenue (Exhibit B).

The contractor, Bergman KPRS, LLC, constructed the public improvements on behalf of Calvary Chapel Hills Foundation. All public improvements were completed in September 2023 and a construction punch list was generated to initiate the closure of the project. During the construction phase, the builder borrowed Cit y traffic equipment to complete the project and it was replaced in kind in January 2024. Additionally, City staff coordinated with the developer’s engineer to complete the project closeout process which included finalizing the as-built drawings that occurred in August 2024.

ISSUES/ANALYSIS
The public improvements that are being accepted by the City of Chino include a constructed 6-ft wide sidewalk, an extension of traffic signal interconnect conduit, and a pull box. The public improvements completed hav e been constructed in compliance with the City’s standards/specifications and accessibility requirements and to the satisfaction of the Public Works Inspector, City Engineer, and City Traffic Engineer. The public improvements were fully funded by the Calvary Chapel Chino Hills Foundation.

Security for a one -year warranty period has been submitted to the City. Under the warranty bond obligation, the developer will correct any defects found within one year of the City Council’s acceptance of the Project. Also , upon completion and final acceptance, the public improvements shall become the sole exclusive property of the City to operate and maintain.

Attachments: Exhibit A – Location Map
Exhibit B – Public Improvement Agreement

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MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: OCTOBER 1, 2024

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

SUBJECT
..titl e
Final Acceptance of Public Improvements for Tract Map No. 16420 -3 for the Town Center at The Preserve Development, t he Area Bounded by Pine Avenue to the North, East Preserve Loop to the East, Market Street to the South, and Main Street to the West. ..end

RECOMMENDATION
1) Accept public improvements as complete for Tract Map No. 16420 -3; 2) authorize release of the performa nce bond and initiate the warranty bond; and 3) authorize the City Manager to execute the necessary documents on behalf of the City.
..body

FISCAL IMPACT
There are sufficient funds included in the City’s Operating Budget to support the ongoing maintenance activities related to the public improvements being accepted.

Revenue: Click or tap here to enter text.

Expenditure:

Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 124
CITY COUNCIL MEETING DATE: OCTOBER 1, 2024
TITLE: FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT MAP NO. 16420 -3

FOR THE TOWN CENTER AT THE PRESERVE DEVELOPMENT, THE AREA BOUNDED BY

PINE AVENUE TO THE NORTH, EAST PRESERVE LOOP TO THE EAST, MARKET STREET TO THE SOUTH, AND MAIN STREET TO THE WEST.

PAGE: 2

BACKGROUND
In 2008, the City’s Planning Commission approved an “A” level Master Site Approval (“MSA”) and Tentative Tract Map No. 16420 to subdivide 522 acres of land generally located south of Pine Avenue, west of Hellman Avenue, and north and east of Chino Corona R oad for what is known as the South of Pine area in The Preserve. The purpose of the original MSA was to establish large parcels, and major backbone street systems for both future residential and non - residential development within the master plan area.

This development project was divided into five (5) phases as referenced in Exhibit 1, titled Phasing Map. More recently, on April 5, 2021, the City’s Planning Commission approved Chino Preserve Development Corporation’s application for a “B” level MSA and Ten tative Tract Map 20326 to further master plan "Phase 5" under the original 2008 MSA (Exhibit 2 titled, Location Map Tract Map No. 20326).

Tract Map No. 16420-3, as presented by the developer, consists of a subdivision of 31.11 acres of land for the Town C enter at The Preserve, which includes commercial/retail with live/work units and the Main Street apartment community to the east within Tentative Tract Map 20326.

This project is bounded by Pine Avenue to the north, East Preserve Loop to the east, future Market Street to the south, and future Main Street to the west (Exhibit 3, titled Location Map Tract Map No. 16420-3).

The Engineering Conditions of Approval (“COA”) for these tracts required the developer, Chino Preserve Development Corporation, to design and construct certain public and private improvements expanding on the existing backbone infrastructure in the area including, but not limited to, potable water lines; street improvements; sewer improvements; and storm drain improvements. The public impro vements completed by the developer necessitated the execution of a Subdivision Improvement Agreement and posting securities that the City Council approved on September 7, 2021 (Exhibit 4). It should be noted that the costs associated with the design and co nstruction of the required public improvements are completely offset by the applicant. There is no direct fiscal impact on the City.

The public improvements have been completed according to the approved plans and have been constructed to the satisfaction of the City Engineer. The project's overall completion was slightly delayed due to extensive coordination with other ongoing developments in the area. This coordination was crucial to ensure that all related projects aligned and did not interfere with each other. Additionally, the punch list detailing remaining tasks to close out the project were more extensive than initially anticipated. Addressing these issues required additional time and effort, further extending the overall project timeline.

ISSUES/ANALYSIS
The public improvements that are being accepted by the City of Chino include domestic and recycled water, street, sewer, and storm drain improvements as shown on Exhibit 5. The public improvements completed have been constructed in compliance with t he City’s standards/specifications, and accessibility requirements, and to the satisfaction of the Public Works Inspector and City Engineer. All public improvements that were part of the COA for these tracts were fully funded by the developer.

Additionally, some of the public improvements are master-planned facilities detailed in the City’s Development Impact Fee and Nexus Calculation Report. These facilities are eligible for credit or 125
CITY COUNCIL MEETING DATE: OCTOBER 1, 2024
TITLE: FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT MAP NO. 16420 -3

FOR THE TOWN CENTER AT THE PRESERVE DEVELOPMENT, THE AREA BOUNDED BY

PINE AVENUE TO THE NORTH, EAST PRESERVE LOOP TO THE EAST, MARKET STREET TO THE SOUTH, AND MAIN STREET TO THE WEST.

PAGE: 3

reimbursement under the City's Municipal Code Chapter 3.45 and in acco rdance with the construction credit and reimbursement agreement approved by the City Council on September 7, 2021 (Exhibit 6). Following the review and approval of the final "as-built" plans, specifications, and supporting documentation by staff, a reconci liation of the actual costs will be presented to the City Council at a subsequent meeting.

Security for a one -year warranty period has been submitted to the City. Under the warranty bond obligation, the developer will correct any defects found within one y ear of the City Council’s acceptance of the Project. Also, upon completion and final acceptance, the public improvements shall become the sole exclusive property of the City to operate and maintain. The following maintenance obligations will commence follo wing acceptance of the public improvements:

Domestic Water: By the City
Recycled Water: By the City
Public Sewer: By the City
Storm Drain: By the City
Public Street Sweeping: By the City
Public Streetlights: By the PMMC
In-Tract Landscaping: By the PMMC

Attachments: Exhibit 1 - Phasing Map TM 16420
Exhibit 2 - Location Map Tract Map No. 20326
Exhibit 3 - Location Map Tract Map No. 16420-3
Exhibit 4 - Subdivision Improvement Agreement
Exhibit 5 - Infrastructure Map
Exhibit 6 - DIF Construction Credit & Reimbursement Agreement

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EXHIBIT 1

PHASING MAP
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Exhibit 2
Tract Map 20326

LOCATION MAP
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Exhibit 3
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MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: OCTOBER 1, 2024

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

SUBJECT
..titl e
Replacement Subdivision Improvement Agreements for Tract Map Nos. 20446 & 20446 -1 (Block 3) in The Preserve.
..end

RECOMMENDATION
1) Approve a replacement Subdivision Improvement Agreement and securities with TH The Preserve Chino LLC, a California limited liability company for Tract Map No. 20446; 2) approve a replacement Subdivision Improvement Agreement and securities with Century Communities of California, LLC, a Delaware limited liability company for Tract Map No. 20446 -1; and 3) authorize the City Manager to execute all necessary documents on behalf of the City. ..body

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

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

Revenue: Click or tap here to enter text.

Expenditure:

Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 209
CITY COUNCIL MEETING DATE: OCTOBER 1, 2024
TITLE: REPLACEMENT SUBDIVISION IMPROVEMENT AGREEMENTS FOR TRACT MAP NOS. 20446 & 20446-1 (BLOCK 3) IN THE PRESERVE.

PAGE: 2

BACKGROUND
In 2008, the City’s Planning Commission approved an “A” level Master Site Approval and Tentative Tract Map No. 16420 to subdivide 522 acres of land generally located south of Pine Avenue, west of Hellman Avenue, and north and east of Chino Corona Road for what is known as the South of Pine area in The Preserve. The purpose of the original Master Site Approval was to establish large parcels, and phase major backbone street systems for both future residential and non-residential development within the master plan area.

On February 23, 20 22, the City’s Planning Commission conditionally approved a Development Modification to the Master Site Approval and Tentative Tract Map No. 16420. The modification removed the phased development concept originally approved, divided the larger land area in to smaller lots to be reconveyed for development, and established improvement areas for future development. It is important to note that the Developer modification also incorporated conditions of approval for improvements along Pine Avenue for associated d evelopments within the larger project area to help facilitate needed improvements to the area.

Subsequently, on September 19, 2022 , the City’s Planning Commission approved Master Site Approval PL21-0045 and Tentative Tract Map No. 20446 to create 114 numbered lots and 7 lettered lots to accommodate 114 single -family homes (known as “Block 3”). This project is generally located on the north side of Chino Corona Road between East Preserve Loop and Legacy Park Street as shown in Exhibit A. Tract Map No. 16420 (as amended) require d surety for portions of offsite improvements within the Tentative Tract Map No. 20446 area.

As a result, the City Council approved Chino Preserve Development Corporation’s (“developer”) Final Tract Map No.16420-5 on November 21, 2023, to subdivide 24.91 acres within Block 3 as shown in Exhibit B.

On February 6, 2024, the City Council approved the developer’s Final Tract Map No. 20446 and No. 20446 -1. This subdivided the previously approved Tract Map No. 16420 -5 for the development of a 10.78 -acre subdivision consisting of 55 single -family residential units (Tract Map No. 20446) and a 10.53 -acre subdivision consisting of 59 single -family residential units (Tract Map No 20446 -1). These subdivisions are in the Low -Density Residential land use designation area of The Preserve within Block 3, as shown on Exhibit C and C-1.

The Engineering Conditions of Approval (COA) for Block 3 required public improvements including, but not limited to curb, gutter, sidewalk, streetlight s, asphalt concrete pavement, median/parkway landscape, sewer, water, recycled water and drainage improvements. To guarantee the completion of these public improvements, the developer entered into a Subdivision Improvement Agreement (SIA) and obtain ed the necessary securities for the improvements.

The requirements established during the tentative map approval have been fulfilled through the execution of the SIA for Tract Map Nos. 20446 and 20446 -1, which were approved by the City Council in February 2024. Additionally, the necessary securities have been posted to guarantee the construction of public improvements conditioned for Block 3. The City Attorney reviewed and approved the SIA and respective securities, which are attached as Exhibit D and D-1.

ISSUES/ANALYSIS
Under typical conditions, a bond release occurs only after all required public improvements are completed. However, there are always exceptions. Recently, Chino Preserve Development Corporation sold Tract Map No. 20446 to TH The Preserve C hino LLC (its sole member and 210
CITY COUNCIL MEETING DATE: OCTOBER 1, 2024
TITLE: REPLACEMENT SUBDIVISION IMPROVEMENT AGREEMENTS FOR TRACT MAP NOS. 20446 & 20446-1 (BLOCK 3) IN THE PRESERVE.

PAGE: 3

manager is Trumark Homes LLC ) and Tract Map No. 20446 -1 to Century Communities of California, LLC. These new builders will take over the remaining work for each respective tract that was going to be completed by Chino Preserve Development Corporation. This transition requires new Subdivision Improvement Agreements and securities. The new builders provided updated cost estimates for the remaining work on each tract, leading the City to reduce Chino Preserve Development Corporati on’s bonds in line with the existing agreements, reflecting the work already completed and the tasks being handed over to the new builders.

The requirements made at the time of tentative map approval have been met by the execution of the replacement Subdivision Improvement Agreements for Tract Map Nos. 20446 and 20446- 1 and by posting the necessary securities to guarantee the construction of the remaining public improvements conditioned for Block 3.

The City Attorney reviewed and approved the new Subdivision Improvement Agreement s and respective securities, which are attached as Exhibit E and E-1.

Attachments: Exhibit A Location Map Master Site Approval PL21-0045 Exhibit B Location Map Tract Map No. 16420-5
Exhibit C Location Map Tract Map No. 20446
Exhibit C-1 Location Map Tract Map No. 20446-1
Exhibit D Subdivision Improvement Agreement Tract Map No. 20446 Exhibit D-1 Subdivision Improvement Agreement Tract Map No. 20446-1 Exhibit E Subdivision Improvement Agreement Tract Map No. 20446 Exhibit E-1 Subdivision Improvement Agreement Tract Map No. 20446-1

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EXHIBIT A

LOCATION MAP
MSA / TTM 20446 BLOCK 3

Project Site
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01225.0006/366470.2 Updated 10-2020

SUBDIVISION IMPROVEMENT AGREEMENT

by and between

CITY OF CHINO

and

TH THE PRESERVE CHINO LLC
347
01225.0006/366470.2 SU

BDIVISION IMPROVEMENT AGREEMENT BETWEEN

THE CITY OF CHINO
AND

TH THE PRESERVE CHINO LLC

Agreement Date: October 1, 2024

Subdivider Name:

Subdivision Description: 10.78-acre subdivision consisting of 55 single-family residential units generally located south of Legacy Park Street between East Preserve Loop and Chino Corona Road in the Low-Density Residential land use designation area of The Preserve within Block 3.

Tentative Map No.: 20446

Estimated Total Cost of Improvements: $842,984.87

Estimated Total Cost of Monumentation : $8,385.00 (based upon the plans, including individual lots, subdivision boundary and public improvements).

Security:

Bond No.: ____________________

Surety: ___________________

TH The Preserve Chino LLC, a California limited liability company 348
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Designees for the Service of Written Notice:

C
ITY: SUBDIVIDER :

Jesus Plasencia
Assistant City Engineer

13220 Central Avenue
Chino, CA 91710

(909) 334-3417
[email protected]

Marsha Santry
Director – Forward Planning

450 Newport Center Dr., Ste. 300
Newport Beach, CA 92660

(949) 306-4899
[email protected]

CITY PROJECT INSPECTOR

Isaac Ortega
Permit & Inspection Supervisor

13220 Central Avenue
Chino, CA 91710

(909) 334-3501
[email protected]

349
01225.0006/366470.2

TABLE OF CONTENTS

1. Construction Obligations

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 Injury to Public Improvements, Public Property or Public Utility

2. Time for Performance

2.1 Commencement and Completion Dates

2.2 Phasing Requirements

2.3 Force Majeure

2.4 Continuous Work

2.5 Reversion to Acreage

3. Labor

3.1 Labor Standards

3.2 Nondiscrimination

3.3 Licensed Contractors

3.4 Workers’ Compensation

4. Security

4.1 Required Security

4.2 Form of Security Instruments

4.3 Subdivider’s Liability

4.4 Letters of Credit

4.5 Release of Security Instruments

5. Cost of Construction and Provision of Inspection Service

5.1 Subdivider Responsible for All Related Costs of Construction 350
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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

7. Warranty of Work

8. Default

8.1 Default by Subdivider

8.2 Remedies

8.3 Remedies Not Exclusive

8.4 Attorney’s Fees and Costs

8.5 Waiver

9. Indemnity/Hold Harmless

10. Subdivider’s Indemnity of Project Approval

11. Insurance Requirements

12. Environmental Warranty

13. General Provisions

13.1 Successors and Assigns

13.2 No Third-Party Beneficiaries

13.3 No Vesting Rights

13.4 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

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1 S

UBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (this “Agreement”) is entered into this 1 st day of October, 2024, by and between the CITY OF CHINO, a municipal corporation, organized and existing in the County of San Bernardino, under and by virtue of the laws of the State of California, ( “CITY”), and TH The Preserve Chino LLC, a California limited liability company (Subdivider”).

RECITALS
A. Subdivider is the owner of and has obtained approval of a subdivision map identified as Tentative Tract Map No. 20446, (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 Final Map No. 20446 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, drainage, domestic water, sanitary sewer, street lighting, landscaping, utility, and other 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 352
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2 specifications, together with all related documents, the “Plans”). The estimated construction cost for the Works of Improvement is $842,984.87.

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 Plan s 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 Final Map No. 20446 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 Engineer shall 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 353
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3 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.

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 representation or warranty, express or implied, to Subdivider or to any other person regarding 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 Engineer shall 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 . Subdivider shall cause its contractor to keep a copy of all approved Plans at the job site and shall give access thereto to the City ’s inspectors and engineers at all times.

1.11. 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. 354
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4 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

1.12. In case of suspension of work for any cause what soever, Subdivider and its contractor shall be responsible for all materials and shall store them properly if necessary and shall provide suitable interim drainage and/or dust control measures, and erect temporary structures where necessary.

1.14. 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 inspector s 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 necessary to cover the City ’s costs for additional final inspections, as determined by the City Engineer.

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

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

The date on which the Works of Improvement will be considered as complete shall be the date of the Notice of Acceptance.
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5 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 re cordation of the Notice of Acceptance, Subdivider shall provide forty-eight ( 48) hours’ advance written notice to all 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 replacement or repairs regardless of what entity owns the underlying property. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer.

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

2. Time for Performance.

2.1. Commencement and Completion Dates . Subject to Section s 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, City may apply the standards in effect at the time of the extension.

2.2. Phasing Requirements . Notwithstanding the provisions of Section 2.1, the City reserves the right to control and regulate the phasing of completion of specific Works of Improvement as required to comply with applicable City ordinances, regulations, and rules relating to the timely provision of public services and facilities. In addition to whatever other remedies the City may have for Subdivider ’s failure to satisfy such phasing requirements, as 356
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6 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.

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, pandemics, 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 Engineer shall evaluate all claims to Force Majeure and make a reasonable determination regarding the length of any extension of time for commencement and/or completion of the Works of Improvement 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 addition to whatever other rights City may have due to Subdivider’s failure to timely perform its obligations hereunder, 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.

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 357
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7 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.

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 Improvement to carry Workers ’ Compensation Insurance as required by the Labor Code of the State of California and shall cause each such contractor and subcontractor to submit to City a Certificate of Insurance verifying such coverage prior to such contractor or subcontractor entering onto the job site.

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 Instrument Securing Subdivider’s faithful performance of all of the Works of Improvement ( “Faithful Performance Security Instrument”), in the amount of $843,000.00 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 $421,500.00 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 $8,385.00 equal to 100% of the cost thereof.
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8 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 $84,300.00 equal to 1 0% of the estimated construction cost set forth in Section 1.1 or a suitable amount determined by the City Engineer.

4.2. Form of Security Instruments . All Security Instruments shall be in the amounts required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following minimum requirements and otherwise shall be in a form provided by City or otherwise approved by the City Attorney:
(a) Bonds. For Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California. Any insurance company acting as surety shall have a minimum rating of A -IX, as rated by the current edition of Best ’s Key Rating Guide published by A.M. Best ’s Company, Oldwick, New Jersey, 08858. Any bank acting as surety shall have a minimum rating of AA, as rated by Moody’s or Standard & Poor’s.
(b) Letters of Credit . For Security Instruments which are letters of credit, any letter of credit shall be an original separate unconditional, irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the City Engineer of the City that 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 expiration of any such letter of credit and shall further be subject to the provisions of Section 4.4.
(c) Instrument of Credit . For Security Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to City all of Subdivider’s interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. (d) General Requirements for all Security Instruments.
(i) Payments under any Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the City of Chino, State of California (and the Security Instrument shall so provide).
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9 (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. (iv) If the Subdivider seeks to replace any security with another security, the replacement shall: (1) comply with all the requirements for security in this Agreement; (2) be provided by the Subdivider to the City Engineer; and (3) upon its written acceptance by the City Engineer, be deemed a part of this Agreement. Upon the City Engineer’s acceptance of a replacement security, the former security shall be released by 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 prevent City from such realization of any Security Instrument. Notwithstanding the giving of any Security Instrument or the subsequent expiration of any Security Instrument or any failure by any surety or financial institution to perform its obligations with respect thereto, Subdivider shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10) days after written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 4.

4.4. Letters of Credit.
(a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit (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 360
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10 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 Performance Security Instrument and Labor and Materials Security Instrument when all of the following have occurred:
(i) Subdivider has made written request for release and provided evidence of satisfaction of all other requirements in this Section 4.5; (ii) the Works of Improvement have been accepted;
(iii) Subdivider has delivered the Maintenance and Warranty Security Instrument; and
(iv) after passage of the time within which lien claims are required to be made pursuant to Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California . If lien claims have been timely filed, City shall hold the Labor and Materials Security Instrument until such claims have been resolved, Subdivider has provided a statutory bond, or otherwise as required by applicable law.
(b) City shall release the Maintenance and Warranty Security Instrument upon Subdivider’s written request upon the expiration of the warranty period, and settlement of any claims filed during the warranty period. (c) The City may retain from any security released, an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorney ’s fees.

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 361
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11 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 Improvement until all City fees and charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections.

5.3. Payment of Development Impact Fees . Subdivider shall pay Development Impact Fees pursuant to and in accordance with Chino Municipal Code Chapter 3.40 or 3.45, as applicable.

6. Acceptance of Offers of Dedication . The City Council shall pass as appropriate resolution or resolutions accepting all offers of dedication shown on the Map for the Property, with acceptance to become effective upon completion and acceptance by City of the Works of Improvement. Such resolution(s) shall authorize the City Clerk to execute the Certificate made a part of the Map regarding said acceptance of 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 any of the Works of Improvement should fail or prove defective within said one (1) year period due to any reason other than improper maintenance, or if any settlement of fill or backfill occurs, or should any portion of the Works of Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen (15) days after written notice of such defects, or within such shorter time as may reasonably be determined by the City in the event of emergency, shall commence to repair or replace the same together with any other work which may be damaged or displaced in so doing. Should Subdivider fail to remedy defective material and/or workmanship or make replacements or repairs within the period of time set forth above, City may make such repairs and replacements, and the actual cost of the required labor and materials shall be chargeable to and payable by Subdivider. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law.

8. Default.

8.1. Default by 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 perform substantial construction work for a period for 20 consecutive calendar days after commencement of the work; 362
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12 (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, subject to this Section, to draw upon or use the appropriate security to mitigate the 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 improvements and, therefore, City ’s damages for Subdivider ’s default shall be measured by the cost of completing the required improvements. The City may use the sums provided by the securities for the completion of the Works of Improvement in accordance with the plans. In the event the Subdivider fails to cure any default under this Agreement within 20 days after the City mails a notice of such default to the Subdivider and the Subdivider ’s surety, Subdivider authorizes the City to perform the obligation for which Subdivider is in default and agrees to pay the entire cost of such performance by the City. The City may take over the work and complete the Works of Improvement, by contract or by any other method City deems appropriate, at the expense of the Subdivider. In such event, City, without liability for doing so, may complete the Works of Improvement using any of Subdivider ’s materials, appliances, plans and other property that are at the work site and that are necessary to complete the Works of Improvement.

8.3. 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 remedy or remedies for Subdivider’s breach shall be in the discretion of the City. Additionally, any remedy specifically provided in this Agreement shall be in addition to, and not exclusive of, City’s right to pursue any other administrative, legal, or equitable remedy to which it may by entitled.

8.4. Attorney’s Fees and Costs . In the event that Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney’s fees. In the event of any dispute arising out of 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 363
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13 accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment.

8.5. 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. Subdivider further agrees to protect, defend, indemnify and hold harmless City, its officials, boards and commissions, and members thereof, agents, and employees from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, acts or omissions of Subdivider, its agents, employees, contractors and subcontractors 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, causes of action, liability or loss because of or arising out of, in whole or in part, the design or construction of the improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said 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.

Recordation of the Notice of Acceptance by the City of the Works of Improvements shall not constitute an assumption by the City of any responsibility for any damage or taking covered by this Section. City shall not be responsible for the design or construction of the property to be dedicated or the improvements pursuant to the approved improvement p lans or map, regardless of any negligent action or inaction taken by the City in approving the plans or map, unless the particular improvement design was specifically required by City over written objection by Subdivider submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design.

After recordation of the Notice of Acceptance , the Subdivider shall remain obligated to eliminate any latent defect in design or dangerous condition caused by the design or construction defect for a period of one (1) year ; however, Subdivider shall not be responsible for routine maintenance. 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.

Subdivider shall reimburse the City for all costs and expenses, including but not limited to fees and charges of architects, engineers, attorneys, and other professionals, and court costs, incurred by City in enforcing this Section.
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14 10. Subdivider’s Indemnity of Project Approval. Subdivider shall defend, indemnify, and hold harmless the City and its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning the Subdivision. The City shall promptly notify the Subdivider of any claim, action, or proceeding and cooperate fully in the defense of any such claim, action, or proceeding. In the event City fails to promptly notify the 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 participating in the defense of any claim, action, or proceeding if City bears its own attorney ’s fees and costs and defends the action in good faith. Subdivider shall not be required to pay or perform any settlement unless the settlement is approved by the Subdivider.

11. Insurance Requirements. Subdivider, at Subdivider’s sole cost and expense and for the full term of this Agreement and any extensions thereto, shall obtain and maintain all of the following minimum insurance requirements in a fo rm approved by the City’s authorized designee for Risk Management prior to commencing any work:
(a) Commercial General Liability policy with a minimum $1 million combined single limit for bodily injury and property damage providing all of the following minimum coverage without deductibles:
(i) Premises operations; including X, C, and U coverage; (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 single limit for bodily injury and property damage, providing all of the following minimum coverage without deductibles:
(i) Coverage shall apply to any and all leased, owned, hired, or non - owned vehicles used in pursuit of any of the activities associated with this Agreement; and
(ii) Any and all mobile equipment including cranes which are not covered under the above Commercial Business Auto policy shall have said coverage provided under the Commercial General Liability policy. (c) Workers Compensation and Employers ’ Liability policy in accordance with the laws of the State of California and providing coverage for any and all employees of the Subdivider:
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15 (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.”
(iii) Prior to commencement of work, the Subdivider shall file with the City’s Risk Manager a Certificate of Insurance or certification of permission to self -insure workers ’ compensation conforming to the requirements of the Labor Code.
(d) Endorsements. All of the following endorsements are required to be made a part of each of the above-required policies as stipulated below:
(i) “The City of Chino, its officers, employees and agents are hereby added as additional insureds.”
(ii) “This policy shall be considered primary insurance with respect to any other valid and collectible insurance the City may possess, including any self- insured retention the 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 not act to increase the limit of the insuring company.” (iv) “Thirty (30) days prior written notice of cancellation shall be given to the City of Chino in the event of cancellation and/or reduction in coverage, except that ten (10) days prior written notice shall apply in the event of cancellation for non -payment of premium. ” Such notice shall be sent to the Risk Manager at the address indicated in Subsection f below.
(v) Subsection d(iv ) hereinabove “Cancellation Notice ” is the only endorsement required of the Workers’ Compensation and Employers’ Liability policy.
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16 (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

12. Environmental Warranty.

12.1. Prior to the acceptance of any dedications or Works of Improvement by 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) Neither the property to be dedicated nor Subdivider are in violation of 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) Neither Subdivider nor any other person with 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 “Hazardous Substances” shall mean any substance or material which is capable of posing a risk of injury to health, safety or property, including all those materials and substances designated as hazardous or toxic by any federal, state or local law, ordinance, rule, regulation or policy, including but not limited to, all of those materials and substances defined as “Toxic Materials” in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30, as the same shall be amended from time to time, or any other materials requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies. (c) Subdivider has not caused or permitted the release of and has no knowledge of the release or presence of any Hazardous Substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. (d) Subdivider’s prior and present use of the property to be dedicated has not resulted in the release of any hazardous substance on the property to be dedicated.
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17 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 property to be dedicated or any part thereof to be subject to any restrictions on its ownership, occupancy, use for the purpose for which it is intended, transferability or suit under any environmental law.

13. General Provisions.

13.1. Successors and Assigns . This Agreement shall be binding upon all successors and assigns to Subdivider ’s right, title, and interest in and to the Property and any portion thereof. Subdivider hereby consents to City recording this Agreement as official records of San Bernardino County, affecting fee title interest to the Property to provide constructive notice of the rights and obligations incurred by Subdivider in the City ’s approval of this Agreement. In the event the Property is subsequently conveyed by Subdivider to a third party prior to completion of the Works of Improvement, whereby the third party is intended to assume Subdivider’s responsibilities with regard to this Agreement, (the “Replacement Subdivider ”), the rights and obligations of this Agreement shall transfer to the Replacement Subdivider; however, the Security Instruments required pursuant to Section 4 of this Agreement, and furnished by Subdivider as a condition of the City ’s approval of this Agreement, shall remain Subdivider’s responsibility to maintain until such time as Subdivider and its Replacement Subdivider enter into a Transfer and Assignment of Subdivision Agreement, (the “Transfer Agreement”), to acknowledge the transfer of fee title to the Property from the Subdivider to its Replacement Subdivider, and to acknowledge the rights and obligations associated with this Agreement upon the Replacement Subdivider, including Replacement Subdivider ’s responsibility to furnish replacement Security Instruments meeting the City’s approval pursuant to Section 4 of this Agreement. Until such time as a Transfer Agreement, meeting the City ’s approval, is executed by Subdivider and its Replacement Subdivider, and replacement Security Instruments meeting City ’s approval are furnished by the Replacement Subdivider, Subdivider retains sole responsibility for maintaining all Security Instruments required pursuant to Section 4 of this Agreement.

13.2. No Third -Party Beneficiaries . This Agreement is intended to benefit only the parties hereto and their respective successors and assigns. Neither City nor Subdiv ider 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. 368
01225.0006/366470.2
18 13.3. No Vesting Rights. Performance by the Subdivider of this Agreement shall not be construed to 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 provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date is delivered in person, or, if mailed, on the date of deposit in the United States Mail.

Notice shall be provided to the persons listed on Pages 1 and 2 of this Agreement by the parties for this purpose.

Either party may provide a new designated representative and/or address by written notice as provided in this Section.

13.7. No Apportionment. Nothing contained in this Agreement shall preclude City from expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering into agreements with other subdividers for the apportionment of costs of water and sewer mains, or other improvements pursuant to the provisions of the City ordinances providing, therefore. Nor shall anything in the Agreement commit City to any such apportionment.

13.8. Severability. I f any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.

13.9. Captions. The captions of this Agreement are for convenience and reference only and shall not be used in the interpretation of any provision of this Agreement.

13.10. Incorporation of Recitals. The recitals to this Agreement are hereby incorporated into the terms of this Agreement.

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

13.12. Entire Agreement; Waivers and Amendments . This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to all or part of the subject matter hereof, except as may be expressly provided herein. All waivers of the provisions of this Agreement must be in writing and signed by an authorized representative of the party to be charged, and all amendments hereto must be in writing and signed by the appropriate representatives of both parties.
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19 13.13. Counterparts. This Agreement may be executed in one or more counterparts, all of which taken together shall be deemed one original.

14. Authority. The persons executing this Agreement on behalf of the parties warrant the (I) party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into of this Agreement does not violate any provisions of any other agreement to which said party is bound. [SIGNATURES ON NEXT PAGE]
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20 IN WITNESS WHEREOF, the City and the Subdivider have caused this Agreement to be executed the day and year first above written.

APPROVED AS TO FORM: APPROVED AS TO CONTENT:

___________________________ _____________________________ Fred Galante, City Attorney Hye Jin Lee, P.E.

Director of Public Works

TH The Preserve Chino LLC,
a California limited liability company

By:

Name: Richard P. Douglass
Its: Authorized Agent

CITY OF CHINO

Dr. Linda Reich, City Manager

Date:

ATTEST:

By
Natalie Gonzaga, City Clerk

Dated: ___________________________

371
01225.0006/366470.2

372
01225.0006/366470.2 A-1

EXHIBIT “A”

LOCATION MAP
[attached]
373
"A"
374
01225.0006/366470.2 B-1
EXHIBIT “B”
TRACT MAP NO. 20446 WORKS OF IMPROVEMENT
A. Removal of undesirable, dangerous and dead plant materials and roots.

B. All onsite and offsite grading as specified on the approved grading plan.

C. Relocation of all public utility structures as necessary to properly construct the required improvements.

D. Storm drain facilities as required and shown on the approved construction plans and in accordance with City Standards.

E. Sanitary sewers constructed as shown on the approved, engineered plans and in accordance with City Standards.

F. Water mains, valves, hydrants, services, meters and appurtenances to serve each lot as shown on the approved construction plans and in accordance with City Standards.

G. Underground installation of all electrical, telephone, cable television and any other energy or communication lines that abut or are within the project site.

H. A street lighting system (City-owned) in accordance with City Standards.

I. Disposal of all rocks and debris located within any public right -of-way within said development or on the boundary streets thereof.

J. Installation of concrete curbs, gutters, sidewalks, cross gutters, driveways and intersections as shown on approved construction plans and in accordance with City Standards.

K. Installation of asphalt concrete or Portland Cement Concrete Street pavement on base material as shown on approved construction plans and in accordance with City Standards.

L. Street signs at intersections per the City Standards.

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

N. 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 Director of Development Services or his designee and on his order, to complete the improvements in accordance with the plans and specifications on file as hereinbefore specified, or any changes required or ordered by said Engineer which, in his opinion, are necessary or required to complete this work. 375

CITY OF CHINO

STREETS
EA Tree Removal 800.00$ -$
CY Concrete Removal 325.00$ -$
- CY AC Pavement Removal 100.00$ -$ CY Imported Common Fill (Incl. Compaction) 34.00$ -$ SF Preparation of Subgrade, Sidewalk and Paving 1.00$ -$ LF PCC 8" Curb & 24" Gutter on 6" AB 26.00$ -$ LF PCC 6" Curb & 24" Gutter on 6" AB 24.00$ -$ LF PCC Curb Only 20.00$ -$
LF 8" A.C. Berm 20.00$ -$
SF 8" PCC Cross Gutter on 6" AB 16.00$ -$ 14,200 SF 4" PCC Sidewalk 5.80$ 82,360.00$ 12,282 SF 6" PCC Thick Drive Approach on 6" AB 12.50$ 153,525.00$ SF 8" PCC Thick Drive Approach on 6" AB 15.00$ -$ LF 2" x 6" Redwood Header 7.50$ -$
6 EA Street Sign and Post 475.00$ 2,850.00$ 7 EA Traffic Sign and Post 400.00$ 2,800.00$ EA Reflector Sign and Post 175.00$ -$
11 EA Painted Legend 6.50$ 71.50$ SF Prime or Tack Coat 0.08$ -$
TON AC Variable - <300T 130.00$ -$
667 TON AC Variable - >300T 120.00$ 80,056.40$ TON CAB Variable - <300T 100.00$ -$
TON CAB Variable - >300T 90.00$ -$
EngCostEstimate Page 1 of 11 Effective Date: January 1, 2021 376

CITY OF CHINO

STREETS
8 EA Adjust Sewer Manhole to Grade 950.00$ 7,600.00$ EA Adjust Sewer Cleanout to Grade 500.00$ -$ 8 EA Adjust Water Valve and Can to Grade 525.00$ 4,200.00$ 18 EA Street Light (HOA Owner) 7,700.00$ 138,600.00$ 1 EA Electrical Pedestal 6,500.00$ 6,500.00$ EA Lot Monument Setting Fee 550.00$ -$
LF Sawcut A.C. 3.00$ -$
LF Sawcut Concrete 3.00$ -$
SF Cold Plane A.C. 2" Thick 0.28$ -$
Signing & Striping for
LF Arterial 19.00$ -$
LF Collector 13.00$ -$
LF Local 7.00$ -$
EA Traffic Signal (8 - Phase Controller) 350,000.00$ -$ EA Modify existing Traffic Signal per Quadrant 75,000.00$ -$ LF Chain Link Fence
4 foot Residential Grade (Add $7.00/LF for Removal
of Existing Fence) 25.00$ - $
6 foot School fence (Add $9.00/LF for Removal of
Existing Fence) 35.00$ - $
EA Utility Poles
Transmission 11,500.00$ -$
Distribution 8,000.00$ -$
Service 3,000.00$ -$
EngCostEstimate Page 2 of 11 Effective Date: January 1, 2021 377

CITY OF CHINO

STREETS
SF
Landscape (Including shrubs, Hardscape, Irrigation,
Ground Cover, Lighting, Installation Labor and Connection to Existing Systems) 15.00$ - $
LF
14 foot Median with Landscape, Irrigation, Lighting,
Hardscape, Curb, Gutter & Pavement 300.00$ - $ Rail Road Crossing
LS
Safety Equipment (Complete Including Crossing
Gates, Signs, and Lights) 500,000.00$ - $
SF Track Crossing (Concrete) 175.00$ -$
SF Approach 4.00$ -$
8 EA S.W. Ramps (A.D.A. Compliant) 4,000.00$ 32,000.00$ EA Traffic Signal Loops 600.00$ -$
100 SF 4" to 6" Fresno River Cobble Pavement 10.00$ 1,000.00$ LF Metal Beam Guard Rail 70.00$ -$
62,220 SF Slurry Seal 0.12$ 7,466.40$

STREETS
STREET SUBTOTAL 519,029.30 $
LS Mobilzation (5% of Construction Cost) 5% 25,951.47$
LS Traffic Control (5% of Construction Cost) 5% 25,951.47$ LS Clear & Grub Site (5% of Construction Cost) 5% 25,951.47$ LS Excavation (Clean Material) (5% of Construction Cost) 5% 25,951.47$ GRAND TOTAL STREETS ONLY 622,835.16$
EngCostEstimate Page 3 of 11 Effective Date: January 1, 2021 378

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract 20446 Trumark Homes
LOCATION : SE Corner East Preserve Loop & Legacy Park Street By: Paul Schenck
DATE: July 23, 2024
Quantity Unit Item Unit Total Cost
Price Per Item
WATER
LF Trench Support/Shoring (6 foot depth) 15.00$ -$ CY Pipe Bedding & Compaction (Imported) 90.00$ -$ LF
6" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration 80.00$ - $ LF
8" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration. 100.00$ - $ LF
12" Pipe & Fittings Installed, including excavation,
bedding, backfill and pavement restoration 135.00$ - $ LF
18" Pipe & Fittings Installed, including excavation,
bedding, backfill and pavement restoration 175.00$ - $ LF Removal, Disposal of ACP and Backfill 150.00$ -$ EA 6" Gate Valve 2,000.00$ -$
EA 8" Gate Valve 2,600.00$ -$
EA 12" Gate Valve 4,500.00$ -$
EA 18" Gate Valve 7,500.00$ -$
EA Fire Hydrant Assembly per City Std. 7,500.00$ -$ EA Blow-off Assembly 4" per City Std. 8,600.00$ -$ EA 1" Air Relief Assembly 4,500.00$ -$
EA 1" Water Service/Meter 3,500.00$ -$
EA 2" Water Service/Meter 4,500.00$ -$
WATER
WATER SUBTOTAL -$
1 LS Punchlist Items prior to City turnover 25,000.00$ 25,000.00$ LS Mobilzation (5% of Construction Cost) 5% -$
LS Traffic Control (5% of Construction Cost) 5% -$
GRAND TOTAL WATER ONLY 25,000.00$
EngCostEstimate Page 4 of 11 Effective Date: January 1, 2021 379

CITY OF CHINO

RECYCLED WATER
LF Trench Support/Shoring (6 foot depth) 15.00$ -$ CY Pipe Bedding (Imported) 90.00$ -$
LF
6" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration 80.00$ - $ LF
8" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration. 100.00$ - $ LF
12" Pipe & Fittings Installed, including excavation,
bedding, backfill and pavement restoration 135.00$ - $ LF
18" Pipe & Fittings Installed, including excavation,
bedding, backfill and pavement restoration 175.00$ - $ EA 6" Gate Valve 2,000.00$ -$
EA 8" Gate Valve 2,600.00$ -$
EA 12" Gate Valve 4,500.00$ -$
EA 18" Gate Valve 7,500.00$ -$
EA Fire Hydrant Assembly per City Std. 7,500.00$ -$ EA Blow-off Assembly 5" per City Std. 8,600.00$ -$ EA 2" Air Relief Assembly 4,500.00$ -$
EA 1" Water Service/Meter 3,500.00$ -$
EA 2" Water Service/Meter 4,500.00$ -$

RECYCLED WATER
RECYCLED WATER SUBTOTAL -$
LS Mobilzation (5% of Construction Cost) 5% -$
LS Traffic Control (5% of Construction Cost) 5% -$
GRAND TOTAL RECYCLED WATER ONLY -$
EngCostEstimate Page 5 of 11 Effective Date: January 1, 2021 380

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract 20446 Trumark Homes
LOCATION : SE Corner East Preserve Loop & Legacy Park Street By: Paul Schenck
DATE: July 23, 2024
Quantity Unit Item Unit Total Cost
Price Per Item
SEWER
LF Trench Support/Shoring 15.00$ -$
LF
4" V.C.P Installed, including excavation, bedding, backfill and pavement restoration $75.00 -$
LF
6" V.C.P Installed, including excavation, bedding, backfill and pavement restoration $85.00 -$
LF
8" V.C.P Installed, including excavation, bedding, backfill and pavement restoration $93.00 -$
LF
12" V.C.P. Installed, including excavation, bedding,
backfill and pavement restoration $123.00 -$
LF
15" V.C.P. Installed, including excavation, bedding,
backfill and pavement restoration $143.00 -$
LF
18" V.C.P. Installed, including excavation, bedding,
backfill and pavement restoration $163.00 -$
LF
21" V.C.P. Installed, including excavation, bedding,
backfill and pavement restoration $193.00 -$
LF
24" V.C.P. Installed, including excavation, bedding,
backfill and pavement restoration $208.00 -$
EA Sewer Saddle $450.00 -$
EA Wyes 4" x 8" Typical $225.00 -$
EA 48" Sewer Manhole $4,700.00 -$
EA 60" Sewer Manhole $7,500.00 -$
EA Sewer Cleanout $1,800.00 -$
SEWER
SEWER SUBTOTAL -$
1 LS Punchlist Items prior to City turnover 25,000.00$ 25,000.00$ LS Mobilization (5% of Construction Cost) 5% -$
LS Traffic Control (5% of Construction Cost) 5% -$
GRAND TOTAL SEWER ONLY 25,000.00$
EngCostEstimate Page 6 of 11 Effective Date: January 1, 2021 381

CITY OF CHINO

STORM DRAIN
LF 24" X 36" C.M.P.A. (10 Gauge) 230.00$ -$
LF 27" x 43" C.M.P.A (10 Gauge) 250.00$ -$
EA Storm Drain Manhole #1 10,000.00$ -$
EA Junction Structure #2 (24" or larger) 8,850.00$ -$ EA Junction Structure #4 (24" or smaller) 4,000.00$ -$ EA Outlet Structure 7,000.00$ -$
EA Catch Basin 3.5' Width 7,200.00$ -$
EA Catch Basin 7' Width/L.D. 7,900.00$ -$
EA Catch Basin 10' Width/L.D. 9,950.00$ -$
EA Catch Basin 14' Width/L.D. 11,000.00$ -$
EA Catch Basin 21' Width/L.D. 13,000.00$ -$
LF
18 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 200.00$ - $ LF
24 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 240.00$ - $ LF
27 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 260.00$ - $ LF
30 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 280.00$ - $ LF
33 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 295.00$ - $ LF
36 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 310.00$ - $ LF
39 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 320.00$ - $ LF
42 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 330.00$ - $ LF
45 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 360.00$ - $ LF
48 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 385.00$ - $ LF
54 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 440.00$ - $ LF
60 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 500.00$ - $ EngCostEstimate Page 7 of 11 Effective Date: January 1, 2021 382

CITY OF CHINO

STORM DRAIN
LF
66 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 560.00$ - $ LF
72 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 625.00$ - $ LF
78 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 690.00$ - $ LF
84 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 765.00$ - $ LF
90 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 830.00$ - $ LF
96 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 920.00$ - $ LF
102 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 1,000.00$ - $ LF
108 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 1,075.00$ - $ LF
7' x 6' RCB Installed, including excavation, bedding,
backfill and pavement restoration 700.00$ - $ LF
7' x 8.5' RCB Installed, including excavation, bedding, backfill and pavement restoration 820.00$ - $ LF
7' x 9.5' RCB Installed, including excavation, bedding, backfill and pavement restoration 870.00$ - $ LF
8' x 11' RCB Installed, including excavation, bedding,
backfill and pavement restoration 1,000.00$ - $ LF
8' x 13' RCB Installed, including excavation, bedding,
backfill and pavement restoration 1,100.00$ - $ LF
9' x 9' RCB Installed, including excavation, bedding,
backfill and pavement restoration 1,000.00$ - $ LF
9' x 12' RCB Installed, including excavation, bedding,
backfill and pavement restoration 1,100.00$ - $ LF
4' x 6' RCB Installed, including excavation, bedding,
backfill and pavement restoration 680.00$ - $ EA 36" CSP RISER 2,500.00$ -$
LF 30" CSP PIPE, 14 GUAGE 240.00$ -$
LF 24" CSP PIPE, 14 GUAGE 200.00$ -$
EA CONCRETE COLLAR 600.00$ -$
EA BRICK & MORTAR PLUG 300.00$ -$

STORM DRAIN
STORM DRAIN SUBTOTAL -$
1 LS Punchlist Items prior to City turnover 25,000.00$ 25,000.00$ LS Mobilization (5% of Construction Cost) 5% -$
EngCostEstimate Page 8 of 11 Effective Date: January 1, 2021 383

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract 20446 Trumark Homes
LOCATION : SE Corner East Preserve Loop & Legacy Park Street By: Paul Schenck
DATE: July 23, 2024
Quantity Unit Item Unit Total Cost
Price Per Item
LS Traffic Control (5% of Construction Cost) 5% -$
GRAND TOTAL STORM DRAIN ONLY 25,000.00$
EngCostEstimate Page 9 of 11 Effective Date: January 1, 2021 384

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract 20446 Trumark Homes
LOCATION : SE Corner East Preserve Loop & Legacy Park Street By: Paul Schenck
DATE: July 23, 2024
Quantity Unit Item Unit Total Cost
Price Per Item
DIRECT COSTS GRAND TOTAL STREETS ONLY 622,835.16 $
GRAND TOTAL WATER ONLY 25,000.00$
GRAND TOTAL RECYCLED WATER ONLY -$
GRAND TOTAL SEWER ONLY 25,000.00$
GRAND TOTAL STORM DRAIN ONLY 25,000.00$

GRAND TOTAL (FOR PLAN CHECK & INSPECTION FEE
DETERMINATION) 697,835.16$
PROJECT ADDITIVES Project Contingencies 10% 69,783.52$
Construction Staking 3% 20,935.05$
Soils Testing 1% 6,978.35$
Material Testing 1% 6,978.35$
Construction Inspection 4.8% 33,496.09$
Contract Administration 1% 6,978.35$
GRAND TOTAL (FOR BOND AMOUNTS) 842,984.87$
EngCostEstimate Page 10 of 11 Effective Date: January 1, 2021 385

CITY OF CHINO

BY ENGINEER
Prepared By: C. Berard
R.C.E. Number: 45183
Expiration:

Place R.C.E. Stamp and Signature Here (required)

BY CITY
Faithful Performance Bond (100% of Construction Cost) 843,000.00$ Labor & Material Bond (50% of Construction Cost) 421,500.00$ Warranty Bond (10% of Construction Cost) 84,300.00$
EngCostEstimate Page 11 of 11 Effective Date: January 1, 2021 386

DEVELOPMENT ENGINEERING DIVISION CONDITIONS OF APPROVAL Reviewed/Approved By: JP Date: 9/7/22

TRACT MAP NO. 20446 (PL21-0045 MSA and PL21-0057)

DATE: July 25, 2022 PC MEETING DATE: September 19, 2022

PROJECT DESCRIPTION: 21.90 acre Master Site Approval for the future development of 114 SFR.

PROJECT LOCATION: 8340 Chino Corona Road

APPLICANT: Chino Preserve Development Corp PROJECT ENGINEER: Felicia Marshall

PRIOR TO THE FIVE MAJOR DEVELOPMENT EVENTS, THE APPLICANT SHALL SATISFY AND FULFILL ALL CONDITIONS OUTLINED BELOW. FAILURE TO COMPLY WITH ANY CONDITIONS OF

APPROVAL SHALL BE DEEMED JUST CAUSE FOR REVOCATION OF PROJECT APPROVAL BY THE PLANNING COMMISSION. HOWEVER, THE DIRECTOR OF DEVELOPMENT SERVICES SHALL HAVE

THE AUTHORITY TO APPROVE MINOR DEVIATIONS IN THE CONDITIONS OF APPROVAL, AND ALL PLANS INCLUDING THE CONSTRUCTION DRAWINGS.

COMPLY WITH ALL CONDITIONS OF APPROVAL FROM TENTATIVE TRACT MAP 16420 – (AMENDED) INCLUDING BUT NOT LIMITED TO CONSTRUCTION OF OFFSITE PUBLIC IMPROVEMENTS NEEDED TO SERVE THE PROJECT.

1.0 PRIOR TO MAP RECORDATION:

1.1 Provide a preliminary Title Report no older than 60 days.

1.2 Submit a preliminary soils report to the project engineer for review and approval in accordance with Government Code, Section 66434.5.

1.3 Make the following dedications:

Street Name Distance Direction From C/L
Chino Corona Road 66 feet R/W 33 feet each side
Legacy Park Street 40 feet ½ width to the south
East Preserve Loop 83 feet R/W 40 feet to the west and 43 feet to the east
A through F Street 60 feet R/W 30 feet each side

1.3a Dedicate to the City a 25-foot wide public utility easement, located at the south end of the tract (Lot F).

1.3b Prepare and record necessary drainage easements to implement the project in accordance with drainage law.

1.3c Easements:
• 1 foot sidewalk easements at right-of-way radial corner returns.

1.4 Provide a set of proposed Covenants, Conditions and Restrictions (CC&R) for review and approval.

The proposed CC&Rs shall contain the Association’s/Owner’s maintenance obligations with respect to various facilities including, but not limited to, right-of-way landscaping, sidewalks, utilities, street li ghts, and Water Quality Management Plan (WQMP) features. This document must be submitted to and approved by the City before it is submitted to any other governmental entity.

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Attachment: Eng COA Block 3 - TTM 20446 PL21-0045 and PL21-0057 (PL21-0045 (MSA) and PL21-0057 (TTM 20446) - Block 3 The Preserve) 387
TRACT MAP NO. 20446 2 July 25, 2022

1.5 Execute a Subdivision Agreement and submit security in an amount acceptable to the City Engineer to guarantee construction of the public improvements listed in 2.7. All security must be accessible to the City at any time and in a form acceptable to the Assistant City Manager , pursuant to Government Code, Section 66499.

1.6 Tract 16420 (amended) map will dedicate and require surety for portions of offsite improvements within the TTM 20446 area. Further, TTM 20446 is intended to be recorded in two phases. Each phase may be recorded independent of the other. Applicants for each phase must post surety related to improvements within each respective map phase.

1.7 Provide a Monumentation Bond in an amount specified in writing by a Registered Engineer or Licensed Land Surveyor of Record.

1.8 Submit an exhibit with a list of proposed street names for the interior streets to the Street Naming Committee for name(s) selection. Please provide one alternate street name for each street.

1.9 Comply with all applicable requirements of the City Municipal Code.

1.10 Existing pedestrian facilities on the frontage of the devel opment, open to the public within the development, shall be evaluated for accessibility. The street frontage includes all adjacent pedestrian facilities, including crosswalks, created by, prolongated from, or connected to any required sidewalks improvement s. The frontage may include sidewalks, curb ramps, connecting crosswalks (marked and unmarked), and their associated pedestrian facilities (on- street parking space, etc.).
a. The following existing improvements shall be made compliant with accessibility regulations as a part of this project:
i. park/recreation play facilities
ii. sidewalks/walks
iii. shared-use paths/multi-purpose paths
iv. curb ramps
v. crosswalk pavement and associated pedestrian facilities (pedestrian push buttons, maneuvering, clear space)
vi. driveway approaches crossings
vii. parking space

b. Improvements that are non-compliant with the accessibility standards in effect at the time of construction or alteration, shall be brought up to current accessibility standards. This work shall be incorporated into the scope of this project and shall be completed prior to acceptance by the City.
c. Improvements that are compliant with the accessibility standards in effect at the time of construction, shall be documented on a separate construction plan with detailed specifications (running and cross slopes of all pedestrian walking surfaces, locations and dimensions and slopes of maneuvering spaces and landings, width of sidewalk, width, and vertical clearance from obstructions). The accessibility of existing improvements will be verified by City inspection staff upon completion of the project.

Discrepancies between documented existing conditions and existing conditions as measured by City staff shall be remedied and brought up to accessibility standards as part of the project.

1.11 Pay all applicable fees pursuant to City Municipal Code including, but not limited to, plan check fees.

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Attachment: Eng COA Block 3 - TTM 20446 PL21-0045 and PL21-0057 (PL21-0045 (MSA) and PL21-0057 (TTM 20446) - Block 3 The Preserve) 388
TRACT MAP NO. 20446 3 July 25, 2022

1.12 Provide evidence of sufficient stormwater treatment capacity availability for the Mill Creek Wetlands.

2.0 PRIOR TO ISSUANCE OF BUILDING PERMITS FOR ANY LOT WITHIN THE SUBDIVISION/ PRIOR TO ISSUANCE OF CONSTRUCTION PERMITS:

2.1 Record Tract Map No. 20446 pursuant to the Subdivision Map Act and in accordance with City Municipal Code. Provide a duplicate photo Mylar of the recorded map to the City Engineer's office.

2.2 All required plans and studies shall be prepared by a Registered Professional Engineer and submitted to the project engineer for review and approval. All project plans must be approved by the City Engineer's office before a Building Permit will be issued. All maps, studies, calculation sheets, reports, etc. must be on and/or folded in an 11-inch x 8 1/2-inch standard format.

2.3 Provide a parking plan with summary that is subject to review and approval by the City Traffic Engineer.

2.4 Prepare and submit a drainage study, including supporting hydraulic and hydrological data to the project engineer for approval. The study shall confirm or recommend changes to the City's adopted Master Drainage Plan by identifying off- site and on-site storm water runoff impacts resulting from build-out of permitted General Plan land uses. In addition, the study shall identify the project's contribution and shall provide locations and sizes of catchments and system connection points and all downstream drainage-mitigating measures.

2.5 Prepare and submit a final grading plan showing building footprints, pad elevations, finished grades, drainage routes, retaining walls, erosion control, slope easements and other pertinent information in accordance with Appendix J of the California Building Code, latest edition.

2.6 Provide a certificate, from a Registered Civil Engineer, certifying that the finished grading has been completed in accordance with the City approved grading plan.

2.7 Design full public improvements for all impacted and interior streets/facilities in accordance with the City Municipal Code, Standards and Specifications. Such public improvements may include, but not be limited to the following: (Please coordinate and verify all requirements with the project engineer.)

6.3.e
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Attachment: Eng COA Block 3 - TTM 20446 PL21-0045 and PL21-0057 (PL21-0045 (MSA) and PL21-0057 (TTM 20446) - Block 3 The Preserve) 389
TRACT MAP NO. 20446 4 July 25, 2022

Street Names
“A” – “F” East
Preserve
Loop
Chino
Corona
Road
Legacy
Park
Street
Curb & Gutter (Offset from Centerline) 18’ both
sides
27’ both
sides
20’ both
sides
20’ both
sides
Sidewalk (Width) 5’ both
sides
6’ on
east and
5’ on
west side
5’ both
sides
10’ on
south
side
Asphalt Concrete Pavement on Aggregate Base
(Width from Centerline)

16’ 25’ 18’ 18’
Asphalt Concrete Overlay
Street Lights X X X X
Median Island and Landscaping X
Parkway Landscaping X X X X
Striping and Traffic Controls X1 X X X
Traffic Signal Interconnect
Conduit System for CATV X X X
Sewer4 X X X
Storm Drain3 X X X
Domestic Water X2
Recycled Water X8 X X X
Fire Hydrants as required by CVIFD X X X X
Other: Landscape Lot X5 X6 X7
1 Paint 20’ white curb adjacent to community mailboxes per CMC 10.28.040 (C), white paint indicates 3- minute parking for mailboxes. White curb shall not overlap with red curb at corners or crosswalks. 2 Public water mains shall not extend into lettered lots. 3 Line F Storm drain must be complete for this tract to tie into. There are also improvements that are required to the system to the south of the tract, which ties into Line F. 4 The proposed sewer connects at the south end of Main Street. Sewer improvements from the tract will need to extend to the south, into Chino Corona Road, and continue southwest.

The sewer in Lot E, Lot G, and Lot H shall be private.
5 The landscape lots for East Preserve Loop varies from 8’ to 10’ on the east side of the street. 6 The landscape lots for Chino Corona Road is 10’ on the west side of the street. 7 The landscape lots for Legacy Park Street is 5’ on the south side of the street. 8 Recycled water mains are not required in-tract, but the parkways within the tract must use recycled water.

2.8 All improvements shall comply with federal, state, and local accessibility regulations and standards.

The review or approval of plans and specifications by the City does not permit the violation of any section of the federal law, state law, building code, or local ordinance. Where accessibility standards are contradictory, the provision that provides the most accessible (restrictive) conditi on shall apply. Where the project’s conditions of approval conflict with accessibility regulations and standards, the prevailing provision shall be determined by City’s Accessibility Coordinator and City Engineer.

2.9 Obtain design and plan approval from appropriate utility companies for undergrounding all utility lines adjoining and interior to the project, including power lines of 34.5 kV or less, pursuant to City Municipal Code, Chapter 13.32.

6.3.e
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Attachment: Eng COA Block 3 - TTM 20446 PL21-0045 and PL21-0057 (PL21-0045 (MSA) and PL21-0057 (TTM 20446) - Block 3 The Preserve) 390
TRACT MAP NO. 20446 5 July 25, 2022

2.10 Prepare and submit a sewer collection system analysis to determine if downstream facilities are adequate to handle the proposed development. The analysis will evaluate the proposed point(s) of connection and determine if there are any system deficiencies or needed improvements in order for the proposed development to be connected to the City’s sanitary sewer collection system. The study shall be an amendment to update the latest Sewer Master Plan for the Subarea 2 (The Preserve) for the identified tributary areas in the master that are different from the proposed project site.

2.11 Pay all applicable fees pursuant to City Municipal Code including, but not limited to, the Development Impact Fees (DIF) and Sewage Facilities Development Fee (SFDF). The actual amount of fees due to the City will be based on the fee schedule in place on the date that the fees are due, or the date that they are paid, whichever occurs last. The fee amount stated in this notice is subject to change based on (1) annual adjustments for inflation, pursuant to Chino Municipal Code, Chapter 3.40.100 or 3.45.100, (2) revisions to the Chino Municipal Code, and (3) updates to the fee studies and nexus reports adopted by the City.

Developer is solely responsible for remaining informed about changes in the fee amounts. City shall have no obligation to inform Developer of changes in the fee amounts unless Developer requests notice of such changes, pursuant to Government Code Section 66019(b) and Chino Municipal Code Chapter 3.40.080(B) or 3.45.080(B).

2.12 All projects developing one (1) acre or more of total land area, or which are part of a larger phased development that will disturb one acre of land, are required to obtain coverage under the State Water Resources Control Board’s (SWRCB) General Permit for storm water discharges associated with construction activity. Proof of filing a Notice of Intent (NOI) with the SWRCB for coverage under this permit is required. A copy of the Waste Discharger’s Identification Number (WDID), issued by the SWRCB, must be submitted to the Project Engineer prior to issuance of gradi ng permits. More detailed information regarding this General Permit, applicable fee information and the necessary forms to complete the NOI are available by calling (916) 341-5537 or on the SWRCB web site at http://www.swrcb.ca.gov/water_issues/programs/stormwater/constpermits.shtml

2.13 Pursuant to Santa Ana Regional Water Quality Control Board Order Number R8- 2010-0036, NPDES Permit No. CAS618036, prepare a project- specific Water Quality Management Plan (WQMP) and submit to the project engineer for review and approval. To address NPDES Permit requirements to the maximum extent practicable, the project shall be designed to specify preferential use of Low Impact Development Best Management Practices that reduce pollutants and runoff volume through structural measures (e.g. infiltration, harvesting, and bio-treatment) and non-structural measures (e.g. preserving natural areas, clustering development, and reducing impervious areas). The WQMP shall conform to the requirements of the San Bernardino County Stormwater Program, 2013 WQMP Technical Guidance Document.

2.14 Any future maintenance and repair of domestic or fire service laterals and sewer laterals to the project site shall be the sole responsibility of the applicant/property owner in accordance with City Code, Chapter 13.04.175 and 13.12.150.

2.15 Convey ownership of all existing onsite water wells to the City and convert to monitoring wells as directed by the City’s Public Works Environmental staff and Water Utilities Supervisor. Prepare and record any necessary easements to provide the City with access to the monitoring wells. Any existing water wells that cannot be feasibly converted to monitoring wells shall be destroyed (per City Standard No. 465).

2.16 City staff shall determine the type of water (potable or recycled) to be used for grading operations, dust control activities, and common area/public landscape irrigation at the time of permit issuance.

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Attachment: Eng COA Block 3 - TTM 20446 PL21-0045 and PL21-0057 (PL21-0045 (MSA) and PL21-0057 (TTM 20446) - Block 3 The Preserve) 391
TRACT MAP NO. 20446 6 July 25, 2022

2.17 All public street corners shall have a minimum curb radii per City Municipal Code, Chapter 19.06 and City Standards and Specifications.

2.18 Provide adequate sight distance (per City Standard No. 865) for each project driveway and at all intersections. Landscaping type and height shall be maintained to ensure sight distance requirements are perpetuated.

2.19 Submit to the City electronic files, in Adobe Acrobat PDF format, of all submittals, including reports, studies, improvement plans and City redlines of previous submittals.

2.20 Comply with all requirements of the Traffic Impact Analysis (TIA) dated July 5, 2022 including construction of required improvements and mitigation measures as shown on the Mitigation Monitoring and Reporting Program, to mitigate impacts.

3.0 PRIOR TO REQUEST AND RELEASE OF ANY OCCUPANCY PERMITS:

3.1 Construct and secure Development Services Department approval of all public facilities enumerated under Section 2.7 above (per Resolution No. 88-23).

3.2 The applicant’s Civil Engineer shall field verify that all BMPs are designed, constructed, and functional in accordance with the approved WQMP. BMPs shall also be inspected by Public Works Environmental staff. Coordinate inspection with staff and submit a completed City of Chino BMP field verification form for review and approval

3.3 Pay all remaining applicable fees pursuant to City Municipal Code.

4.0 PRIOR TO FINAL ACCEPTANCE/PROJECT CLOSEOUT:

4.1 Complete all Conditions of Approval listed under Sections 1-3 above.

4.2 Slurry seal along all streets impacted by the development as directed by City staff. Install signing and striping per approved plans.

4.3 Submit to the City a letter from the surveyor indicating monuments required for the map have been set and they have been fully paid for their services.

4.4 Submit to the City, electronic files of Tract/Parcel Map and “as -built” improvement plans in AUTOCAD, Ersi GIS shape and Adobe Acrobat PDF formats. AUTOCAD files shall be submitted as an etransmitted zip file of the CAD drawings with all base files attached. Scanned resolution of PDF shall be a minimum of 360 dpi.

6.3.e
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Attachment: Eng COA Block 3 - TTM 20446 PL21-0045 and PL21-0057 (PL21-0045 (MSA) and PL21-0057 (TTM 20446) - Block 3 The Preserve) 392
TRACT MAP NO. 20446 7 July 25, 2022

5.0 PINE AVENUE PUBLIC IMPROVEMENTS

5.1 The City shall design and the Developer shall construct per City Standards the following required improvements on Pine Avenue between Euclid and Mayhew Avenues to the satisfaction of the City Engineer. Applicant shall receive Development Impact Fee (DIF) credit for the construction of improvements identified in the City’s latest DIF Nexus Study and any agreed to interim improvements:
a. Widen Pine Avenue to provide two westbound lanes, a two- way left turn lane, and two eastbound lane. Provide two westbound left turn lanes and two northbound right turn lanes at the Euclid Avenue inter section. Improvements shall include but are not limited to AC pavement, curb, gutter, traffic signal modification, signing, and striping.
b. Restripe Pine Avenue to increase the capacity of the two westbound left turn lanes at the Pine & Euclid intersection to the satisfaction of the City. c. Install temporary striping to accommodate a transition between lane configurations at Mayhew Avenue.
d. Slurry seal along streets impacted by the construction of public improvements as directed by City staff. Install traffic controls, signing and striping per approved plans.

5.1.a Within one year of obtaining right -of-way from the applicable offsite pro perty owners and obtaining required permits from the State and federal agencies, construct and secure Development Services Department approval of all required improvements.

5.2 The developer shall construct Pine Avenue between Meadowhouse Avenue and Rincon Meadows Avenue, generally described as Pine Avenue Stage 3, including northerly side ultimate width, curb, gutter, sidewalk, parkway, and street lights, two (2) through lanes in each direction and related public improvements including traffic control. This condition shall apply to entitlements approved after or on the date of the approval of this tentative map.

5.2.a Within one year of obtaining required permits from local, State and federal agencies, construct and secure Development Services Department approval of all required improvements in accordance with plans approved by the City. The City shall, at its discretion, have the ability to restrict the issuance of building permits should the Developer not construct and complete all required improvements prior to the one year period.

6.3.e
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Attachment: Eng COA Block 3 - TTM 20446 PL21-0045 and PL21-0057 (PL21-0045 (MSA) and PL21-0057 (TTM 20446) - Block 3 The Preserve) 393

Rev. 9/7/2222

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

DEVELOPMENT ENGINEERING DIVISION

ITEMS REQUIRED FOR FIRST PLAN CHECK SUBMITTAL

TRACT MAP NO. Error! Reference source not found.

PROJECT ENGINEER: Felicia Marshall
DATE: 7/19/2022

A COPY OF THIS CHECK LIST MUST BE SUBMITTED WITH THE FIRST PLAN CHECK

1 Copy of Development Engineering Division Conditions of Approval

2 Sets of Maps (Subdivision Only)

2 Copies of preliminary Title Report (no older than six months) (Subdivision Only)

2 Copies of Closure Calculations (Subdivision Only)

1 Set of Referenced Maps (Subdivision Only)

2 Copies of Preliminary Soils Report (no older than sixty days)

2 Copies of lot line adjustment certificate

2 Copies of lot merger

2 Copies of right-of-way dedication

4 Sets of Rough Grading Plans

5 Sets of Precise Grading Plans

4 Sets of Storm Drain Plans

2 Copies of Hydrology and Hydraulic Calculations with Backup Data (Signed and Sealed by a Registered Civil Engineer)

2 Copies of Engineering Cost Estimate (On City Forms) with Engineer’s Wet Signature and Stamp

3 Sets of Street Improvements Plans

3 Copies of Cross-Sections (if street plans are required) at 50’ intervals and extended a minimum of 100’ beyond limits of improvements

2 Sets of Sewer Plans

3 Sets of Domestic Water Plans

2 Sets of Recycled Water Plans

2 Sets of Street Light Plans including a Photometric Diagram

2 Copies of Voltage Drop Calculations (Signed and Sealed by a Registered Engineer)

2 Sets of Signing and Striping Plans

1 Sets of Traffic Signal Interconnect Plans

2 Sets of Traffic Signal Plans

1 Water Quality Management Plan

1 6.3.e
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Attachment: Eng COA Block 3 - TTM 20446 PL21-0045 and PL21-0057 (PL21-0045 (MSA) and PL21-0057 (TTM 20446) - Block 3 The Preserve) 394
01225.0006/366470.2 C-1

EXHIBIT “C”
TRACT MAP NO. 20446

TRUMARK HOMES LLC

ENVIRONMENTAL WARRANTY
As a condition precedent to acceptance of the dedications and public improvements to be conveyed by the above -named Subdivider to the City of Chino for the above-referenced Subdivision, Subdivider hereby warrants to the City of Chino that:

1. Neither the property to be dedicated nor Subdivider are in violation of 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.

2. Neither Subdivider nor any other person with Subdivider ’s permission to be upon the property to be dedicated has used, generated, manufactured, produced, or released, on, under, or about the property to be dedicated, any Hazardous Substance except in compliance with all applicable environmental laws. For the purposes of this warranty, the term “Hazardous Substances ” shall mean any substance or material which is capable of posing a risk of injury to health, safety or property, including all those materials and substances designated as hazardous or toxic by any federal, state or local law, ordinance, rule, regulation or policy, including but not limited to, all of those materials and substances defined as “Toxic Materials” in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30, as the same shall be amended from time to time, or any other materials requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies.

3. 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 release of any Hazardous Substance on the property to be dedicated.

5. All persons executing this warranty hereby represent and warrant to the City of Chino, and 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 that the signators hereto have sufficient knowledge or expertise, either personally, through reasonable inspection and investigation of the property, or through reasonable reliance upon the investigation and professional opinion of Subdivider ’s environmental experts, to make the representations herein, and that no consent of any other party is 395
01225.0006/366470.2 C-2

required to execute this warranty and make the representations herein on behalf of the Subdivider to the City of Chino.

Each of the undersigned persons declares under penalty of perjury that the foregoing is true and correct.

Dated: _________________________

T
H The Preserve Chino LLC, a California limited liability company

By:

*Proof of authorization for Subdivider ’s signatures is required to be submitted concurrently with this environmental warranty.

396
01225.0006/366470.2 Updated 10-2020

SUBDIVISION IMPROVEMENT AGREEMENT

by and between

CITY OF CHINO

and

CENTURY COMMUNITIES OF CALIFORNIA, LLC
397
01225.0006/366470.2

SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN

THE CITY OF CHINO
AND

CENTURY COMMUNITIES OF CALIFORNIA, LLC

Agreement Date: October 1, 2024

Subdivider Name:

Subdivision Description: 10.53-acre subdivision consisting of 59 single-family residential units generally located south of Legacy Park Street between East Preserve Loop and Chino Corona Road in the Low-Density Residential land use designation area of The Preserve within Block 3.

Tentative Map No.: 20446-1

Estimated Total Cost of Improvements: $869,400.58

Estimated Total Cost of Monumentation : $10,105.00 (based upon the plans, including individual lots, subdivision boundary and public improvements).

Security:

Bond No.: ____________________

Surety: ___________________

Century Communities of California, LLC, a Delaware limited liability company 398
01225.0006/366470.2
Designees for the Service of Written Notice:

CITY: SUBDIVIDER:

Jesus Plasencia
Assistant City Engineer

13220 Central Avenue
Chino, CA 91710

(909) 334-3417
[email protected]

Paul Kim
Senior Land Project Manager

4695 MacArthur Court, Suite 300
Newport Beach, CA 92660

(949) 344-2215
[email protected]

CITY PROJECT INSPECTOR

Isaac Ortega
Permit & Inspection Supervisor

13220 Central Avenue
Chino, CA 91710

(909) 334-3501
[email protected]

399
01225.0006/366470.2

TABLE OF CONTENTS

1. Construction Obligations

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 Injury to Public Improvements, Public Property or Public Utility

2. Time for Performance

2.1 Commencement and Completion Dates

2.2 Phasing Requirements

2.3 Force Majeure

2.4 Continuous Work

2.5 Reversion to Acreage

3. Labor

3.1 Labor Standards

3.2 Nondiscrimination

3.3 Licensed Contractors

3.4 Workers’ Compensation

4. Security

4.1 Required Security

4.2 Form of Security Instruments

4.3 Subdivider’s Liability

4.4 Letters of Credit

4.5 Release of Security Instruments

5. Cost of Construction and Provision of Inspection Service

5.1 Subdivider Responsible for All Related Costs of Construction 400
01225.0006/366470.2

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

7. Warranty of Work

8. Default

8.1 Default by Subdivider

8.2 Remedies

8.3 Remedies Not Exclusive

8.4 Attorney’s Fees and Costs

8.5 Waiver

9. Indemnity/Hold Harmless

10. Subdivider’s Indemnity of Project Approval

11. Insurance Requirements

12. Environmental Warranty

13. General Provisions

13.1 Successors and Assigns

13.2 No Third-Party Beneficiaries

13.3 No Vesting Rights

13.4 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

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1 S

UBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (this “Agreement”) is entered into this 1st day of October, 2024, by and between the CITY OF CHINO, a municipal corporation, organized and existing in the County of San Bernardino, under and by virtue of the laws of the State of California, (“CITY”), and Century Communities of California, LLC , a Delaware limited liability company (Subdivider”).

RECITALS
A. Subdivider is the owner of, and has obtained approval of a subdivision map identified as Tentative Tract Map No. 20446-1 , (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”.

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 Final Map No. 20446-1 for the Property and permitting development of the Property to proceed.

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, drainage, domestic water, sanitary sewer, street lighting, landscaping, utility, and other 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 402
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2 specifications, together with all related documents, the “Plans”). The estimated construction cost for the Works of Improvement is $869,400.58.

1.4. Survey Monuments . Before final approval of street improvements, Subdivider shall place survey monuments as shown on Final Map No. 20446-1 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.

1.6. 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 Engineer shall 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 403
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3 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.

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. 404
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4 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

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.
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5 1.16. Vesting of Ownership. Upon recordation of the Notice of Acceptance, ownership of the Works of Improvement shall vest in the City.

2. Time for Performance.

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 406
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6 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.

3. Labor.

3.2. Nondiscrimination. In accordance with the California Fair Employment and Housing Act (“FEHA”), California Government Code Section 12940 et seq., Subdivider agrees 407
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7 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.

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 Instrument securing Subdivider ’s faithful performance of all of the Works of Improvement ( “Faithful Performance Security Instrument”), in the amount of $869,400.00 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 $434,700.00 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 $10,105.00 equal to 100% of the cost thereof.
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8 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 $86,900.00 equal to 1 0% of the estimated construction cost set forth in Section 1.1 or a suitable amount determined by the City Engineer.

4.2. Form of Security Instruments . All Security Instruments shall be in the amounts required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following minimum requirements and otherwise shall be in a form provided by City or otherwise approved by the City Attorney:
(a) Bonds. For Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California. Any insurance company acting as surety shall have a minimum rating of A -IX, as rated by the current edition of Best ’s Key Rating Guide published by A.M. Best ’s Company, Oldwick, New Jersey, 08858. Any bank acting as surety shall have a minimum rating of AA, as rated by Moody’s or Standard & Poor’s.
(b) Letters of Credit . For Security Instruments which are letters of credit, any letter of credit shall be an original separate unconditional, irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the City Engineer of the City that 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 expiration of any such letter of credit and shall further be subject to the provisions of Section 4.4.
(c) Instrument of Credit . For Security Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to City all of Subdivider’s interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. (d) General Requirements for all Security Instruments.
(i) Payments under any Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the City of Chino, State of California (and the Security Instrument shall so provide).
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9 (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. (iv) If the Subdivider seeks to replace any security with another security, the replacement shall: (1) comply with all the requirements for security in this Agreement; (2) be provided by the Subdivider to the City Engineer; and (3) upon its written acceptance by the City Engineer, be deemed a part of this Agreement. Upon the City Engineer’s acceptance of a replacement security, the former security shall be released by the City.

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 410
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10 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.

5. Cost of Construction and Provision of Inspection Service.

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 411
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11 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 Improvement until all City fees and charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections.

5.3. Payment of Development Impact Fees . Subdivider shall pay Development Impact Fees pursuant to and in accordance with Chino Municipal Code Chapter 3.40 or 3.45, as applicable.

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 any of the Works of Improvement should fail or prove defective within said one (1) year period due to any reason other than improper maintenance, or if any settlement of fill or backfill occurs, or should any portion of the Works of Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen (15) days after written notice of such defects, or within such shorter time as may reasonably be determined by the City in the event of emergency, shall commence to repair or replace the same together with any other work which may be damaged or displaced in so doing. Should Subdivider fail to remedy defective material and/or workmanship or make replacements or repairs within the period of time set forth above, City may make such repairs and replacements and the actual cost of the required labor and materials shall be chargeable to and payable by Subdivider. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law.

8. Default.

8.1. Default by 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 perform substantial construction work for a period for 20 consecutive calendar days after commencement of the work; 412
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12 (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.

8.4. Attorney’s Fees and Costs . In the event that Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney’s fees. In the event of any dispute arising out of 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 413
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13 accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment.

Subdivider shall reimburse the City for all costs and expenses, including but not limited to fees and charges of architects, engineers, attorneys, and other professionals, and court costs, incurred by City in enforcing this Section.
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14 10. Subdivider’s Indemnity of Project Approval. Subdivider shall defend, indemnify, and hold harmless the City and its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning the Subdivision. The City shall promptly notify the Subdivider of any claim, action, or proceeding and cooperate fully in the defense of any such claim, action, or proceeding. In the event City fails to promptly notify the 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 participating in the defense of any claim, action, or proceeding if City bears its own attorney ’s fees and costs and defends the action in good faith. Subdivider shall not be required to pay or perform any settlement unless the settlement is approved by the Subdivider.

11. Insurance Requirements. Subdivider, at Subdivider’s sole cost and expense and for the full term of this Agreement and any extensions thereto, shall obtain and maintain all of the following minimum insurance requirements in a fo rm approved by the City’s authorized designee for Risk Management prior to commencing any work:
(a) Commercial General Liability policy with a minimum $1 million combined single limit for bodily injury and property damage providing all of the following minimum coverage without deductibles:
(i) Premises operations; including X, C, and U coverage; (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 single limit for bodily injury and property damage, providing all of the following minimum coverage without deductibles:
(i) Coverage shall apply to any and all leased, owned, hired, or non - owned vehicles used in pursuit of any of the activities associated with this Agreement; and
(ii) Any and all mobile equipment including cranes which are not covered under the above Commercial Business Auto policy shall have said coverage provided under the Commercial General Liability policy. (c) Workers Compensation and Employers ’ Liability policy in accordance with the laws of the State of California and providing coverage for any and all employees of the Subdivider:
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15 (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.”
(iii) Prior to commencement of work, the Subdivider shall file with the City’s Risk Manager a Certificate of Insurance or certification of permission to self -insure workers ’ compensation conforming to the requirements of the Labor Code.
(d) Endorsements. All of the following endorsements are required to be made a part of each of the above-required policies as stipulated below:
(i) “The City of Chino, its officers, employees and agents are hereby added as additional insureds.”
(ii) “This policy shall be considered primary insurance with respect to any other valid and collectible insurance the City may possess, including any self- insured retention the 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 not act to increase the limit of the insuring company.” (iv) “Thirty (30) days prior written notice of cancellation shall be given to the City of Chino in the event of cancellation and/or reduction in coverage, except that ten (10) days prior written notice shall apply in the event of cancellation for non -payment of premium. ” Such notice shall be sent to the Risk Manager at the address indicated in Subsection f below.
(v) Subsection d(iv ) hereinabove “Cancellation Notice ” is the only endorsement required of the Workers’ Compensation and Employers’ Liability policy.
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16 (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

12. Environmental Warranty.

12.1. Prior to the acceptance of any dedications or Works of Improvement by 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) Neither the property to be dedicated nor Subdivider are in violation of 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) Neither Subdivider nor any other person with 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 “Hazardous Substances” shall mean any substance or material which is capable of posing a risk of injury to health, safety or property, including all those materials and substances designated as hazardous or toxic by any federal, state or local law, ordinance, rule, regulation or policy, including but not limited to, all of those materials and substances defined as “Toxic Materials” in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30, as the same shall be amended from time to time, or any other materials requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies. (c) Subdivider has not caused or permitted the release of and has no knowledge of the release or presence of any Hazardous Substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. (d) Subdivider’s prior and present use of the property to be dedicated has not resulted in the release of any hazardous substance on the property to be dedicated.
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17 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 property to be dedicated or any part thereof to be subject to any restrictions on its ownership, occupancy, use for the purpose for which it is intended, transferability or suit under any environmental law.

13. General Provisions.

13.2. No Third -Party Beneficiaries . This Agreement is intended to benefit only the parties hereto and their respective successors and assigns. Neither City nor Subdiv ider 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. 418
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18 13.3. No Vesting Rights. Performance by the Subdivider of this Agreement shall not be construed to vest Subdivider ’s rights with respect to any change in any zoning or building law or ordinance.

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

Notice shall be provided to the persons listed on Pages 1 and 2 of this Agreement by the parties for this purpose.

Either party may provide a new designated representative and/or address by written notice as provided in this Section.

13.9. Captions. The captions of this Agreement are for convenience and reference only and shall not be used in the interpretation of any provision of this Agreement.

13.10. Incorporation of Recitals. The recitals to this Agreement are hereby incorporated into the terms of this Agreement.

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

13.12. Entire Agreement; Waivers and Amendments . This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to all or part of the subject matter hereof, except as may be expressly provided herein. All waivers of the provisions of this Agreement must be in writing and signed by an authorized representative of the party to be charged, and all amendments hereto must be in writing and signed by the appropriate representatives of both parties.
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19 13.13. Counterparts. This Agreement may be executed in one or more counterparts, all of which taken together shall be deemed one original.

14. Authority. The persons executing this Agreement on behalf of the parties warrant the (I) party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into of this Agreement does not violate any provisions of any other agreement to which said party is bound. [SIGNATURES ON NEXT PAGE]
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20 IN WITNESS WHEREOF, the City and the Subdivider have caused this Agreement to be executed the day and year first above written.

APPROVED AS TO FORM: APPROVED AS TO CONTENT:

___________________________ _____________________________ Fred Galante, City Attorney Hye Jin Lee, P.E.

Director of Public Works

CENTURY COMMUNITIES OF

CALIFORNIA, LLC

By:
(Signature and Date)

Name: Thomas J. Hilderbrandt
(Please type or print name)

Title: Vice President
(Please type or print title)

CITY OF CHINO

Dr. Linda Reich, City Manager

Date:

ATTEST:

By
Natalie Gonzaga, City Clerk

Dated: ___________________________

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422
01225.0006/366470.2 A-1

EXHIBIT “A”

LOCATION MAP
[attached]
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"A"
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01225.0006/366470.2 B-1
EXHIBIT “B”
TRACT MAP NO. 20446-1 WORKS OF IMPROVEMENT
A. Removal of undesirable, dangerous and dead plant materials and roots.