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c. For all other walls containing windows, a setback of at least five feet shall be provided.
2. Required building wall on designated streets. Along Riverside Drive and Central Avenue south of Highway 6 0, building walls shall be constructed along or within ten feet of the front property line for a minimum of seventy percent of the primary street frontage and forty percent on secondary street frontages. This requirement may be waived by the director of development services upon finding that:
a. Ground-floor residential uses are proposed, a minimum fifteen -foot setback is proposed, and substantial landscaping will be located between the build -to and ground-floor residential units as a buffer;
b. Entry courtyards, plazas, entries, or outdoor eating areas are located between the build-to line and the building and buildings are constructed at the edge of the courtyard, plaza, or dining area;
c. The building incorporates an alternative entrance design that creates a welcoming entry facing the street.
3. Building entrances.
a. Principal building entries shall front upon the primary street or be in a visually - prominent location as determined by the director of development services. b. Building entries s hall be accented with features such as moldings, lighting, overhangs, or awnings.
4. Building mass and scale.
a. To reduce upper-story building mass, floorplates for the third story and above shall not exceed eighty percent of the ground -floor floorplat e. The director of development services may waive this requirement upon finding the architectural articulation of exterior walls and a sloped roof modulates the visual mass of the top of the building and avoids the appearance of a box-like structure. b. Buildings that are more than one hundred fifty feet in length shall include a minimum two-foot vertical variation in height for at least fifty feet.
5. Pedestrian orientation and accessible pedestrian facilities on designated streets. a. Along Riverside Drive and Central Avenue south of Highway 60, all development on sites over two acres in size shall incorporate such features as plazas, interior walkways, canopies, arcades, paseos, ornamental gates, trellises, lighting, plant materials, seating, fount ains, or other similar features, as appropriate, to support and enhance pedestrian spaces.
b. Outdoor pedestrian space shall be landscaped and shall include appropriate street furniture to encourage pedestrian activity.
c. Clearly marked pedestrian conn ections shall be provided between parking areas and buildings.
d. All sidewalks, crosswalks, courts, plazas and residential buildings shall be designed to be safe, accessible, and convenient for individuals of all abilities, whether travelling by foot, wheelchair, or other mobility aid, consistent with the city's adopted policy on accessible pedestrian facilities. 140
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6. Parking.
a. Parking areas are prohibited between the building and primary street edge. On-site parking shall be in the rear half of the site or within a parking structure. b. Multi-story parking structures within twenty -five feet of a street frontage shall be lined with foundation landscaping at the ground floor.
c. Building siting and parking design shall maximize opportunities for s hared parking, access entries, and driveways in order to minimize the number of curb cuts and thus limit possible conflict between pedestrians and automobiles. d. Whenever possible, vehicle access shall be provided from side streets and alleys to limit the number of driveways along arterial streets.
7. Landscaping.
a. Street trees shall be included along all street frontages with multi -family housing development. Trees shall be selected from a list of city -approved trees and shall be approved by the director of development services prior to installation. b. Where pedestrian paths or walkways cross parking areas or driveways, the paths shall incorporate landscaping and decorative paving to define the pedestrian space.
G. Development standards for the MUO district. All residential -only buildings and mixed use development with residential units in the MUO district shall comply with the development standards in Table 20.09-7 and the supplemental design standards following the table, and with the multipl e-family residential design standards in Section 20.17.050 and the mixed use design standards in Section 20.17.060 to the extent these are not superseded by the supplemental design standards following the table. Non -residential development shall comply with the standards of the base zoning district with which the MUO district is combined and the commercial design standards in Section 20.17.070.
TABLE 20.09-7: DEVELOPMENT STANDARDS FOR RESIDENTIAL AND
MIXED USE DEVELOPMENT IN MUO DISTRICT
Feature Standard Additional
Regulations
Site Requirements
Minimum Lot Area 10,000 sq. ft.
Minimum Lot Width 100 feet
Maximum Lot Coverage 80%
Maximum Floor Area Ratio (non-
residential space) 1.0 Note 1
Minimum Landscape Coverage 15% See Chapter 20.19
Refuse Storage and Recycling See Chapter
20.10.060
Building Form and Location
Maximum Building Height 50 feet Note 2
Minimum Setbacks (ft.):
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Front 10 feet; 15 feet if ground floor is
residential Notes 3 and 5
Rear 10 feet; 15 feet adjacent to a
Residential District See also subsection
(G)(1).
Interior Side 0 feet; 10 feet adjacent to a
Residential district
Street Side 10 feet Notes 3, 4, and 5
Minimum Building Separations 15 feet
Other Requirements
Off-street parking and loading for
non-residential uses See Chapter 20.18
Street curb cuts Note 6
Notes:
[1] Additional FAR is allowed up to 1.25 in mixed use development with affordable rental units.
The amount of additional FAR shall be calculated based on the increase in density allowed for qualifying projects meeting affordable housing criteria. For example, if a project receives a one unit per acre increase in density, then it receives a 0.0625 increase in allowable FAR. [2] Additional height is allowed up to 55 feet for lots with 100 feet of street frontage to enable provision of sloped roofs and common open space for recreational facilities. The upper story above 40 feet shall be setback back an additional seven feet from the interior property line if the project is adjacent to a Residential zoning district.
[3] A minimum 15 feet of front and street side setback shall be provided along primary and secondary arterial streets. A reduced front setback may be allowed on the following streets:
Riverside, Central, and Euclid.
[4] A minimum 20-foot setback must be provided for garages and carports facing a street. [5] Open or covered porches may be constructed in the front and street side setbacks to encroach no closer
than 12 feet to the front property line and 5 feet to the street side property line. [6] New street curb cuts are not allowed on lots with alley access unless approved by the director of development services and the city engineer to accommodate for affordable housing units.
1. Required side and rea r yards for residential uses. In order to provide light and air for residential units and additional separation for rooms that contain areas that require additional privacy considerations, the following minimum setbacks shall apply to any building wall containing windows and facing an interior side or rear yard. The required setbacks apply to that portion of the building wall containing and extending three feet on either side of any window.
a. For any wall containing living room or other primary room windows, a setback of at least fifteen feet shall be provided.
b. For any wall containing sleeping room windows, a setback of at least ten feet shall be provided.
c. For all other walls containing windows, a setback of at least five feet shall be provided.
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2. Required building wall on designated streets. Along Riverside Drive and Central Avenue south of Highway 60, building walls shall be constructed along or within ten feet of the front property line for a minimum of seventy percent of the primary street frontage and forty percent on secondary street frontages. This requirement may be waived by the director of development services upon finding that:
a. Ground-floor residential uses are proposed, a minimum fifteen -foot setback is proposed, and substanti al landscaping will be located between the build -to and ground-floor residential units as a buffer;
b. Entry courtyards, plazas, entries, or outdoor eating areas are located between the build-to line and the building and buildings are constructed at the e dge of the courtyard, plaza, or dining area;
c. The building incorporated an alternative entrance design that creates a welcoming entry facing the street.
3. Required ground floor transparency for non -residential uses. Exterior walls for non - residential ground -floor uses facing and within twenty feet of a front or street side property line shall include windows, doors, or other openings for at least sixty percent of the building wall area between two feet and eight feet above the sidewalk. No wall shall run in a horizontal plane more than twenty-five feet without an opening. a. Openings fulfilling this requirement shall have transparent glazing and provide views into display areas, sales areas, work area, lobbies or other active spaces, and window displays shall be at least three feet in depth. b. Parking garages are not required to meet these transparency requirements. c. Alternatives to the building transparency requirement may be approved by the director of development services for uses that have unique operational requirements making windows or doors infeasible or for street-facing building walls that exhibit architectural relief and detail with landscaping that creates visual interest at the pedestrian level.
4. Building entrances.
a. Principal building entries shall front upon the primary street. b. Building entries shall be accented with features such as moldings, lighting, overhangs, or awnings.
5. Building mass and scale.
a. To reduce upper -story building mass, floorplates for the f ourth story shall not exceed eighty percent of the ground -floor floorplate. The director of development services may waive this requirement upon finding the architectural articulation of exterior walls and a sloped roof modulates the visual mass of the to p of the building and avoids the appearance of a box-like structure. b. Buildings that are more than one hundred fifty feet in length shall include a minimum two-foot vertical variation in height for at least fifty feet. c. To maintain a human -scale at the street level where ground floor commercial space is provided, building storefront widths shall not exceed thirty feet without a recess or a break, which may be a building entry or a separate display window. d. Minimum ground floor height for commerc ial uses, including retail shops, restaurants, and offices: fourteen feet.
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6. Pedestrian orientation and accessible pedestrian facilities on designated streets. a. Along Riverside Drive and Central Avenue south of Highway 60, all development on sites ov er two acres in size shall incorporate features such as plazas, interior walkways, canopies, arcades, paseos, ornamental gates, trellises, lighting, plant materials, seating, fountains, or other similar features, as appropriate, to support and enhance pedestrian spaces.
b. Outdoor pedestrian space shall be landscaped and shall include appropriate street furniture to encourage pedestrian activity.
c. Clearly marked pedestrian connections shall be provided between parking areas and buildings.
d. Encroachments into the public right -of-way are allowed for outdoor seating in conjunction with full -service restaurants and food retailers, provided a minimum six-foot wide walkway and pedestrian clear zone is maintained, and the outdoor eating area is contiguous with interior eating space and does not encroach into the public right-of-way of an adjacent business. An encroachment permit issued by the city is required, and a fee may be charged.
e. All sidewalks, crosswalks, courts, plazas, and residential buildin gs shall be designed to be safe, accessible, and convenient for individuals of all abilities, whether travelling by foot, wheelchair, or other mobility aid, consistent with the city's adopted policy on accessible pedestrian facilities.
7. Parking.
a. Long-term parking and residents' guest parking areas are prohibited between the building and primary street edge. On-site parking shall be in the rear of buildings in the back half of the lot or development site. Short -term drop-off spaces, short-term parking for retail shops, and a limited number of parking spaces for guests of residents may be allowed with valet service in courtyards and at building entries with approval of the planning commission.
b. Multi-story parking structures within twenty -five fe et of a street frontage shall be buffered with foundation planting or lined with commercial, retail, or residential use at the ground floor.
c. Building siting and parking design shall maximize opportunities for shared parking, access entries and driveway s in order to minimize the number of curb cuts and thus limit possible conflict between pedestrians and automobiles. d. Whenever possible, vehicle access shall be provided from side streets and alleys to limit the number of driveways along arterial streets.
8. Landscaping.
a. Street trees shall be included along all street frontages of mixed-use development.
Trees shall be selected from a list of city -approved trees and shall be approved by the director of development services prior to installation. b. Where pedestrian paths or walkways cross parking areas or driveways, the paths shall incorporate landscaping and decorative paving to define the pedestrian space.
H. Open spaces standards for residential projects. The open space requirements of the multiple-family residential design standards in Section 20.17.050 for private areas and 144
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common areas shall apply to all proposed residential development and to residential units in mixed use development with the following modifications. Private areas shall consist of balconies, decks, patios, or fenced yards directly accessible from the residence. Common areas shall consist of landscaped areas, walks, patios, swimming pools, picnic and barbeque areas, playgrounds, children's play areas, playing courts, turf, rooftop areas, gym and fitness facilities, space for yoga, dance and instruction, or other such improvements as are appropriate to enhance the outdoor living environment of the development and to provide recreational facilities for residents. Landscaped c ourtyard entries that are oriented towards the public street and create a welcoming entry feature are also considered common areas. All areas not improved with buildings, parking, vehicular accessways, trash enclosures, and similar items or devoted to per imeter landscaping shall be developed as common areas with the types of attributes described above.
1. Minimum amount of outdoor living area (private or common open space). The minimum percentage of net lot area devoted to permanent open space is twenty percent, and the minimum area to be devoted to outdoor living area (private or common open space) shall be four hundred square feet per unit.
2. Minimum amount of private open space. The minimum amount of private open space shall be at least twenty-five percent of the amount of outdoor living area required. This space shall be provided on patios, decks or balconies shall be as follows:
a. Ground floor units: one hundred fifty square feet patio with a minimum horizontal dimension of ten feet or seventy -two square foot deck with a minimum horizontal dimension of six feet; and
b. Upper level units: seventy-two square feet with a minimum horizontal dimension of six feet.
3. Minimum amount of common open space areas. A minimum of sixty-five percent of the required outdoor living area shall be provided as common open space with a minimum horizontal dimension of twenty feet. This common open space shall be a well - designed, coherent area that is an essential component of the project's design, not merely space left over after the building mass is placed. a. Landscape areas having minimum dimensions of less than twenty feet but at least five feet at any point which are contiguous with and an integral part of the common open space or are connected to the common open space by walkways, may be included in calculating the area of such space. Non -contiguous landscape areas proposed to be included shall not exceed twenty percent of the total area of common open space.
b. Up to one-half of covered patio areas designed to be commonly used by residents of a development may be included in calculation of common open space provided such area does not comprise more than twenty -five percent of the total common open space.
c. Up to fifteen percent of the required common op en space area may be provided within a recreational building.
4. Usability. A surface shall be provided that allows convenient use for outdoor living and/or recreation. Such surface may be any practicable combination of lawn, garden, flagstone, wood plank ing, concrete, or other serviceable, dust -free surfacing. The maximum slope shall not exceed ten percent.
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5. Accessibility.
a. Private open space . The space shall be accessible to only one living unit by a doorway to a habitable room or hallway.
b. Common open space. The space shall be accessible to the living units on the lot. It shall be served by any stairway or other accessway qualifying as an egress facility from a habitable room.
6. Recreational facilities requirements. In high density multi -family or mixed use development with a minimum of twenty -five dwelling units per gross adjusted acre, essential recreational facilities, as prescribed below, may be proposed in lieu of the requirements of major and minor facilities in Section 20.17.050(C) which require more land than may be available in a high density project. These essential recreational facilities may include: 1) a gym or fitness room, 2) space for yoga, dance, or other instruction, 3) enclosed or outdoor space for playing courts or games, 4) children's play area, 5) picnic and barbeque area, or 6) children's daycare space. At least two hundred fifty square feet per unit shall be provided for these recreational facilities, and there shall be a minimum of two of these facilities in projects with ten to fifty units, three of these facilities in projects with fifty-one to one hundred units, and four or more of these facilities in projects with more than one hundred units. No essential recreational facilities are required in a small project, wit h less than ten dwelling units. The space allocated for recreational facilities shall count toward the requirement for common open space, and this space may be within buildings.
I. Minimum affordable housing requirement.
1. Requirement. Residential development projects in an AHO and an MUO district with ten or more dwelling units shall provide the following minimum numbers of affordable housing units:
a. Rental projects: nine percent of the total units affordable to low-income households at an affordable rent.
b. For-sale projects: three percent of the total units in a common interest development for moderate income households at an affordable sales price, provided that all of the units are offered to the public for purchase. c. Projects with both rental units and for sale units: The minimum numbers shall be calculated separately for each type of housing.
2. Calculations. All calculations of the number of affordable units required to be built on - site in a project that result in fractional units sh all be rounded up to the next whole number.
3. Common owners and control . An applicant for development within an AHO or MUO district shall not avoid the requirements of this section by submitting piecemeal planning applications. At the time of the first application for residential development, the applicant shall identify all contiguous property under common ownership and control. The applicant shall not be required to construct housing on contiguous property but must include such property in a comprehensive affordable housing plan.
4. Income qualifications. Household income qualifications shall be those established by the California Department of Housing and Community Development each year for San Bernardino County, as adjusted for household size, purs uant to California Code of Regulations, Title 25, Section 6932, and Health and Safety Code Section 50093. 146
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5. Location, size, design, and distribution of affordable units. Affordable units shall have the same bedroom and bathroom count ratio as the market rate units in a project, be equally distributed within the project, and have the same type or quality of appliances, fixtures, and finishes. The affordable housing units shall be integrated with other housing units in the housing development with regard t o siting and placement within buildings and shall not differ in exterior appearance from the other housing units. The location of the affordable housing units may or may not be on contiguous parcels within the site. In no event shall the affordable housing units be located in only one portion of the housing development or situated in one building of a multi-building development.
6. Timing of construction. All required affordable units shall be made available for occupancy prior to, or concurrently with, t he market -rate units. The affordable units may be constructed in phases if the market -rate units are constructed in phases, provided that the percentage of affordable units developed in each phase shall be equivalent to or greater than the total percentage of affordable units to be developed as part of the residential development until such time that all the affordable units have been built.
J. Alternatives. In lieu of providing the affordable units in the housing development project required by Section 2 0.09.090.D. and I., the requirements of those subsections may be satisfied through one or more of the alternatives set forth below.
1. In-lieu fee.
a. For housing development projects proposing up to twenty units, the developer may, by right, pay a fee in lieu of providing affordable units on site. b. For housing development projects proposing more than twenty units, the developer shall only be allowed to pay in -lieu fees if the planning commission makes a finding that providing affordable units on -site would result in an extreme financial hardship to the developer and make the proposed project financially infeasible. The developer shall submit a request to pay a fee in lieu of providing affordable units on site as part of the project application. Such request shall include sufficient documentation and financial analysis to allow the planning commission to make the required findings. At the city's discretion, the city may contract with a third -party financial consultant to evaluate the documentation and analysis submitted by the applicant and make a recommendation to the city regarding the issues of extreme financial hardship and financial infeasibility. The developer shall be required to reimburse the city for all costs related to hiring any such third -party consultant, which shall be in addition to any other required application fees. The demonstration of financial hardship and infeasibility may be based on, among other things, such factors as project size, site constraints, and/or excessively large aff ordability gaps, or upon a demonstration that in the absence of allowing for payment of in -lieu fees, the imposition of the affordable housing production requirements in this section would violate the California and/or United States Constitutions because it would be a regulatory taking of property without fair and just compensation.
c. In-lieu fees shall be paid as follows:
(i) The amount of the fee shall be calculated using the fee schedule established by resolution of the city council at the time the fee is paid. (ii) One-half of the in-lieu fee required by this subsection shal l be paid (or a letter of credit posted) prior to issuance of a building permit for all or any part of the 147
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housing development project. The remainder of the fee shall be paid before a certificate of occupancy is issued for any unit in the housing developme nt project. In a phased project, payment of fees also may be allowed in phases, corresponding to the number of units in each phase.
(iii) The fees collected shall be deposited in the overlay district affordable housing fund established by Section 20.09.090(M).
2. Land dedication. In lieu of providing affordable units on -site, a developer may request city council approval to dedicate land to the city or to a city -approved affordable housing developer that the director of development services determines i s suitable for the construction of the required number of affordable units and is within one mile of the project site. To accept a land dedication in lieu of on -site affordable units, the city council must determine the fair market value of the dedicated l and is equivalent to or greater than the amount of in -lieu fees that would have been needed to satisfy the housing development project's affordable housing obligation and that the required number of units for very low -income residents will be built on this land based on a proposed conceptual site plan and proforma financial analysis demonstrating project feasibility with available funding.
a. The developer must submit evidence that the land proposed to be dedicated is under the developer's control, will b e conveyed at no cost to the city or a city - approved affordable housing developer with experience building rental housing for very low-income households, is free of any liens, all property taxes and special taxes have been paid, does not contain any hazard ous materials, has the appropriate general plan designation and zoning to allow construction of the required number of units, and has the necessary infrastructure and public improvements to support the required number of affordable units. Only sites within an AHO or MUO district that are within one mile of the project site can be considered for land dedication.
b. The developer must disclose whether any hazardous materials were previously contained on the site; and hazardous materials were previously reme diated, the developer must provide evidence that the cleanup was performed in accordance with applicable law.
c. The land proposed for dedication cannot have been improved with any residential use for at least five years prior to the submission of a land dedication proposal. d. The affordable units to be constructed on the dedicated land shall be at least twenty percent of the total number of units in the project, and these units must be rental units affordable to very low income households.
3. Off-site construction. A market -rate developer may enter into an agreement with an affordable housing developer to construct, own, and operate affordable rental housing units required by Sections 20.09.090(D) and (I), provided:
a. The affordable housing develo per is approved by the director of development services on the basis of recent relevant experience;
b. The affordable housing developer does not request any financial assistance from the city;
c. The affordable rental housing units shall be constructed prior to or concurrently with the market -rate development triggering the affordable housing requirement; and
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d. At least twenty percent of the total number of units to be built on the site shall be rental units affordable to very low-income residents.
K. Review procedures.
1. Preliminary review. A developer requesting additional density above twenty -six units per adjusted gross acre for a rental project under Section 20.09.090(D) shall submit an application for preliminary review, accompanied by the required application fee, for feedback prior to the submittal of any formal requests for approval of additional density.
The purpose of the preliminary review is to determine whether the proposed development is in substantial compliance with applicable pla nning regulations and to establish the basis and procedures for granting the additional density. The following information is required to be submitted for preliminary review in the form of a proposed affordable housing plan in addition to information requi red by the department's preliminary review checklist:
a. Evidence that the project includes the qualifying percentages of affordable units set forth in Section 20.09.090(D) to justify the additional density requested; b. Calculations showing the maximu m base density and the density with the additional units;
c. Number and percentage of total units that are proposed to meet affordability criteria and the income level to which the units will be restricted; and d. A description of any proposed waivers or reductions of development standards or other zoning requirements, consistent with the provisions of Government Code Section 95915(k).
2. Site approval required. All residential development or mixed use development with residential units in an AHO or M UO district shall require approval of a site approval application as outlined under Section 20.23.090. For residential development and mixed use development with residential units, design review by the planning commission shall be undertaken only to determ ine compliance with the city's objective design standards using the site approval process.
3. Additional findings for approval. The planning commission shall grant a site approval if it makes the findings required by Section 20.23.090 and the following a dditional findings:
a. The proposed development meets the affordability criteria for the requested density in accordance with the requirements of subsection (D) and (I); and b. The increased density would not have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, upon public health and safety or the physical environment or on any real property listed in the California Register of Historic Resources.
4. Conditions of approval. The plann ing commission has the authority to impose reasonable conditions that are related and proportionate to what is being requested by the applicant, as deemed necessary and appropriate to ensure that the provisions of the general plan, any applicable specific plan adopted by the city council, and this title are met, including requirements for needed off -site public improvements. The commission may require reasonable guarantees and evidence that such conditions are being, or will be, met.
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5. Special procedures for projects with at least 20 percent affordable units .
Notwithstanding any other provision of this section 20.09.090, owner -occupied and rental multifamily residential developments in either an AHO or MUO district that are located on a site that is inclu ded in Appendix B (Candidate Sites Analysis) of the city’s Sixth Cycle Housing Element (2021 -2029), meet the objective development standards and density requirements in this section, and in which at least 20 percent of the units are affordable to lower income households shall be a use by right. For purposes of this subsection (K)(5), “use by right” shall have the meaning given in Government Code section 65583.2(i), as may be amended. Developments that qualify under this subsection (K)(5) shall be subject to the review procedures in this subsection (K), except that neither the design review nor the site approval shall be considered a “project” for purposes of the California Environmental Quality Act.
L. Required affordable housing agreement for continued a ffordability. Prior to the issuance of a building permit for any residential development project with affordable housing units in an AHO or MUO district, the applicant shall enter into a written agreement with the city ensuring the continued affordability of the affordable dwelling units for a period of not less than seventy-five years or as long as the property is in residential use, whichever is greater, for rental units and forty -five years for for -sale units. The terms and conditions of the agreement shall be binding upon the successor in interest of the developer and shall be recorded in the main office of the San Bernardino County assessor -recorder-clerk. The agreement shall be executed by the city manager, be in a form acceptable to the city attorney, and include provisions for the following:
1. The number and proportion of housing units affordable to moderate -income, low - income, and very low -income households by type, their location, and the number of bedrooms in each one;
2. Standards for maximum qualifying household incomes and maximum rents or sale prices;
3. Minimum home buyer payments and sources of funds for them;
4. The party responsible for certifying rents and sales prices of affordable housing units and reporting this information to the city;
5. The process that will be used to certify incomes of tenants or purchasers of the affordable housing units;
6. The manner in which vacancies will be marketed and filled, including the screening and qualifying of prospective renters and purchasers of the affordable units;
7. Deed restrictions on the affordable housing units binding on property upon sale or transfer and any subsequent sale or transfer;
8. Enforcement mechanisms to ensure that the affordable rental units are continuously occupied by eligible households and are not rented, leased, sublet, assigned, or otherwise transferred to non -eligible households, with reasonable allowances for inherited units and units initially occupied by very low -income individuals who incomes may increase to a low-income level;
9. Provisions allowing moderate income homebuyers to resell the unit at fair market value in return for the city receiving payment equal to the original affordability gap plus a defined share of the equity appreciation achieved on sale, which shall be deposited in the city's overlay district affordable housing fund and used within three years for any of 150
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the purposes described in subdivision (e) of Section 33334.2 of the Health and Safety Code that promote homeownership; and
10. Project phasing, including the timing of completions, and rental or sale of the affordable housing units, in relation to the timing of the market-rate units.
M. Overlay district affordable housing fund. There is a separate fund of the city known as the overlay district affordable housing fund, and all in -lieu fees or other funds collected under this section shall be deposited into the overlay district affordable housing fund. Additional funds from other sources also may be deposited in the overlay distr ict affordable housing fund.
1. Money deposited in the overlay district affordable housing fund may be used to pay for the direct costs associated with administration and enforcement of the affordable housing program established for the AHO and MUO districts.
2. After payment of expenses, at least seventy percent of the remaining money shall be expended to provide housing affordable to low income and very low -income housing holds; the remaining money may be expended to provide housing affordable to moderate-income households.
3. The fund shall be administered by the director of development services.
4. A developer receiving funding from the fund shall implement a local preference in their resident selection criteria.
Section 3. Section 20.21.340 (Senior housing projects) of the Chino Municipal Code is hereby revised to read as follows (additions in red; deletions in bold strikethrough):
20.21.340 - Senior housing projects.
A. Consistency with California Civil Code . Senior housing projects shall be limited to occupancy consistent with section 51.3 of the California Civil Code.
B. Development standards . Except as provided in subsection C, senior Senior housing projects shall be developed in accordance with the development standards and guidelines applicable to the RD 20 zoning district.
C. Projects in the Affordable Housing Overlay or Mixed Use Overlay . Senior housing projects in the Affordable Housing Overlay or the Mixed Use Overlay shall be subject to the density requirements and development stan dards of the overlay in which the project is located, which are found in Section 20.09.090.
Section 4. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any person or circumstanc es, is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or application, and to this end the provisions of this ordinance are declared to be severable. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional.
Section 5. Environmental Review. On April 18, 2023, the City adopted an Addendum to the 6 th Cycle Housing Element Update (2021 -2029) Project Negative Declaration (ND) pursuant to Section 15164 of the California Environmental Quality Act (CEQA) Guidelines for the adoption of the Section 20.09.090 of the Chino Municipal Code . The Addendum determined 151
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that the project was within the scope of the ND, which adequately describe d the activity for the purposes of CEQA, and include d findings supported by substantial evidence that there was no potential for a significant effect on the environment attributable to the adoption of the Section
20.09.090. The revisions in this ordinance fall within the project described in the Addendum and the ND and therefore no further CEQA review is required.
Section 6. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its second reading and adoption.
Section 7. Certification. The City Clerk of the City of Chino shall certify to the passage and adoption of this Ordinance and shall cause the same to be published in the Chino Champion, a newspaper of general circulation, within said City in accordance with the provisions of the Government Code.
ADOPTED THIS 3RD DAY OF DECEMBER 2024.
By:
EUNICE M. ULLOA, MAYOR
ATTEST:
By:
NATALIE GONZAGA, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) §
CITY OF CHINO )
I, Natalie Gonzaga , City Cle rk of the City of Chino do hereby certify that the foregoing Ordinance of the City of Chino was duly adopted by said City Council at a regular meeting held on the 3rd day of December 2024 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
By:
NATALIE GONZAGA, CITY CLERK
152
01225.0005/949050.1
RESOLUTION NO. 2024-004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA ADOPTING THE CITY OF CHINO 2021-2029 HOUSING
ELEMENT
WHEREAS, the City has received a mandate from the State of California and the California Department of Housin g and Community Development (HCD) t o update the Housing Element of t he General Plan, in order to set forth the City’s strategy to preserve and enhance the community’s residential character, expand housing opportunities for all economic sectors, and provide guidance and direction for local government officials in all matters related to housing; and
WHEREAS, on January 17, 2023, the City Council adop ted an updated Housing Element, which included a program for the creation of an Affordable Housing Overlay and Mixed Use Overlay in order to accommodate Chino’s share of the regional housing need for lower - income households; and
WHEREAS, following adoption, the Housing Element was sent to the California Department of Housing and Community Development (HCD), which requested amendments to the Housing Element before it could be certified; and
WHEREAS, on April 18, 2023, following a recommendation by the Plan ning Commission, the City Council adopted Section 20.09.090 of the Chino Municipal Code, establishing regulati ons and standards for the Affordable Housing Overlay and Mixed Use Overlay; and
WHEREAS, HCD reviewed Section 20.09.090, per the requirements of state law, and determined that revisions were required in order for the City to comply with the requirements i n Housing Element law, particularly Government Code 65583.2; and
WHEREAS, City staff and the City’s Housing Element consultant have worked closel y with HCD to make revisions to the Housing Element and to Section 20.09.090 , as well as Sections 20.04.030 and 20.21.340, in order to comply with state Housing Element laws. These amendments are included as a separate ordinance (Ordinance No. 2024-003); and
WHEREAS, on December 20, 2023, the Planning Commission held a duly noticed public hearing for the proposed 2021-2029 Housing Element changes and for PL23-0133 and adopted Resolution No. PC2023-035, reaffirming their recommendation for the City Council to adopt the 2021-2029 Housing Element and Municipal Code Amendments; and
WHEREAS, all provisions of the California Government Code and Chino Municipal Code related to the 2021 -2029 Housing Element have been complied with, including a noticed public hearing; and
WHEREAS, the City Council has completed its study of the proposed amendments to the 2021-2029 Housing Element; and
WHEREAS, on November 5, 2024, the City Council held a duly -noticed public hearing and continued the Public Hearing to November 19, 2024 to consider all documentary and verbal 153
RESOLUTION NO. 2024-004
01225.0005/949050.1
evidence concerning the amendments to the 2021-2029 Housing Element and closed the public hearing.
NOW, THEREFORE, the City Counci l of the City of Chino, California, does hereby FIND, DETERMINE, and RESOLVE as follows:
A. The foregoing recitals are true and correct and incorporated herein.
B. Based on substantial evidence, both written and oral, from the public hearing, the City Council makes the following findings and takes the following actions regarding the 2021-2029 Housing Element Update:
1. CEQA Findings. On January 4, 2022, the City Council adopted a Negative Declara tion (State Clearinghouse No. 2021100569) for the 2021 -2029 Housing Element update.
The proposed amendments to the 2021 -2029 Housing Element are sufficiently addressed in the Negative Declaration, and therefore no further environmental review is required.
2. Findings For Non -Vacant Sites. The City Council finds, pursuant to Government Code Section 65583.2(g)(2) and based on substantial evidence described in Section 4 and Appendix B of the 2021 – 2029 Housing Element, that any existing uses on sites identified to accommodate affordable housing are likely to be discontinued during the planning period, and therefore do not constitute an impediment to additional residential development during the period covered by the 2021 -2029 Housing Element. Any sites identified to accommodate 2021 -2029 RHNA need that have existing structures, improvements and/or activities demonstrate a likelihood for redevelopment during the 2021-2029 planning period. Parcels with existing uses or activities that were not likely to be disco ntinued during the planning period were generally removed if they had conditions suggesting continued use or activity during the planning period.
3. Approval of 2021-2029 Housing Element. The City Council hereby approves the updates 2021-2029 Housing Elemen t. City Staff are permitted to make minor non -substantive technical edits, including fixing typos and/or grammatical errors , as necessary for final certification.
4. Actions by the City Clerk . The City Clerk is hereby directed to attest as to the adoption of this Resolution as of the date set forth below and forthwith transmit a copy of this Resolution, by regular mail, to the Applicant at the address of record set forth in the Application.
PASSED, APPROVED AND ADOPTED THIS 19TH DAY OF NOVEMBER 2024.
EUNICE M. ULLOA, MAYOR
ATTEST:
154
RESOLUTION NO. 2024-004
01225.0005/949050.1
NATALIE GONZAGA, CITY CLERK
State of California )
County of San Bernardino ) §
City of Chino )
I, Natalie Gonzaga, City Clerk of the City of Chino, do hereby certify the foregoing Resolution was duly adopted by the Chi no City Council at a regular meeting held on the 19th day of November 2024, by the following votes:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
NATALIE GONZAGA, CITY CLERK
155
MEMORANDUM
CITY OF CHINO
POLICE DEPARTMENT
CITY COUNCIL MEETING DATE: NOVEMBER 19, 2024
TO: LINDA REICH, CITY MANAGER
FROM: KEVIN MENSEN, CHIEF OF POLICE
SUBJECT
..titl e
Police Helicopter Grant Funds/Award of Bids for Purchase and Completion of Police Helicopter. ..end
RECOMMENDATION
..recommendation
1) Establish and appropriate a project budget (IE259) in the amount of $3,703,336.49 for the Police Helicopter, consisting of $2,703,336.49 from Law Enforcement DIF Fund 231 and $1,000,000.00 of grant funding from San Bernardino County; 2) approv e a contract with the County of San Bernardino to accept $1,000,000.00 in grant funding for the purchase of a police helicopter; 3) award a contract to Bell Helicopters Textron of Fort Worth, Texas, in the amount of $2,166,585.00 for the purchase of a new Bell 505 Police Helicopter; 4) award a contract to Hangar One Avionics of Carlsbad, California, in the amount of $1,347,175.50 for the purchase and installation of critical police mission equipment on a new Bell 505 Police Helicopter; 5) approve payment of California Use Tax to the California Department of Tax and Fee Administration in the amount of $189,576.19 for the out -of-state purchase of a police helicopter; and 6) authorize the City Manager to sign the required documents on behalf of the City. ..body
FISCAL IMPACT
Appropriate $3,703,336.49 to the Equipment Management Fund 660 (IE259) with a backfill from the Law Enforcement Development Impact Fee Fund 261. Also, appropriate the Grant expense and revenue accounts (G4258), in the amount of $1,000,000.00 . There is suff icient Law Enforcement DIF fund balance for this request.
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
Superior Customer Service
Financial Stability
Responsible Long-Range Planning
Exemplary Leadership
Public Service Excellence through Internal and External Partnerships Effective Technology
Revenue:
Expenditure: 6607400-40010-IE259/6607400-59500-
40010/G4258
Transfer In: Transfer Out:
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CITY COUNCIL MEETING DATE: NOVEMBER 19, 2024
TITLE: POLICE HELICOPTER GRANT FUNDS/AWARD OF BIDS FOR PURCHASE AND COMPLETION OF POLICE HELICOPTER.
PAGE: 2
BACKGROUND
The City of Chino is a rapidly growing city that was recently named a Top 10 Boomtown in the United States. With this remarkable growth has come increased demands on police services.
The State’s continuing disregard for the safety of our residents with the underfunding of the State Prison has created an increased threat to the safety of our community. The State has exacerbated the tenuous security situation with the addition of death row inmates. The use of innovative policing resources and technologies is essential to scaling the Police Department’s ability to keep Chino a safe place to live, work, and play.
The Police Department currently relies on air support from the San Bernardino County Sheriff and Ontario Police Department’s; however, assistance is not always available when needed .
Their resources are shared across multiple jurisdictions, leading to delayed or no response. The Police Department also uses drones; however, drones are limited in their ability to provide the needed patrol capability afforded by the helicopter.
Recognizing the need for air support, the City began exploring the concept of a police helicopter program in 2001. In 2017, the City of Chino established Project LE -010 within the Law Enforcement Development Impact Fee (DIF) Program to prepare for this acquisition. Earlier this year, the Police Department secured a $1 million grant from San Bernardino County Supervisor Curt Hagman’s office which, along with DIF fees, will cover the entire purchase price of a police helicopter. The grant from the County requires a 25% fund match and that these funds only be used to purchase a police helicopter.
A police helicopter acts as an effective force multiplier which will allow the Police Department to deploy its ground resources more efficien tly. The rapid response time of the helicopter will reduce response times, increase officer and citizen safety, allow for more efficient call handling during peak times, manage pursuits and quickly resolve critical incidents, including those at the state p rison. The use of the helicopter in a patrol capacity will also serve as an effective deterrent to crime.
The ongoing operational costs for the police helicopter are anticipated to be approximately $620,000 per year in additional Police Department funding which represents an increase to the Police budget of approximately 1.2%. The operational costs will be included in the FY 2025 - 2026 budget as delivery of the completed helicopter and initial operations will take place in mid to late 2025.
The addition of a police helicopter will significantly enhance the Chino Police Department’s ability to respond to emergencies, manage incidents, and maintain public safety in a rapidly growing city. With secured funding from both grant and DIF sources, the helicopter pro gram represents a necessary and responsible investment. Approval of this request will enable Chino to meet current and future policing challenges.
ISSUES/ANALYSIS
The City currently has $2.0 million allocated under Project LE -010 in the Development Impact Fee (DIF) program for the Police Helicopter Program. This allocation does not reflect the cost escalations that have occurred over the past few years. To address these cost increases, the City is preparing a comprehensive update to the DIF program, which includes a revised cost estimate of $2.7 million for the Police Helicopter Program.
There is sufficient fund balance within the DIF program to cover the updated costs associated with the helicopter purchase. In addition, the Law Enforcement Facilit ies, Vehicles, and 157
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PAGE: 3
Equipment DIF will also undergo a comprehensive update as part of this process. As part of the adjustment, funds initially earmarked for a solar panel project will be redirected to support other law enforcement projects slated for future implementation as the solar panel project is being completed through a power purchase agreement. This reallocation of funds will help offset the increased costs for supplies, equipment, police substation, the helicopter, and other police vehicles as the City plans for ongoing needs moving forward.
In June 2024, the City Council authorized issuing bids to acquire and fully equip a new police helicopter to meet the operational needs of the Police Department. In alignment with the City's Purchasing Code, two separate Invitations for Bids (IFBs) were issued: one for the purchase of a police helicopter and the other for the acquisition and installation of mission -specific equipment.
The City published IFB# 2024 -0017 PD, titled "Chino Police Department Helicopt er," on Planet Bids, ensuring full compliance with the City’s purchasing policy. The City received (1) one proposal by the closing date, as detailed below:
CONTRACTOR COST
Bell Helicopters Textron, Fort Worth, Texas $2,166,585.00 The single bid from Bell Helicopters Textron was deemed to be responsive . Staff recommends that the City Council award a contract to Bell Helicopters Textron in the amount of $2,166,585 to supply a new Bell 505 Police Helicopter . This amount includes $26,700 for the required manufacturer training program. Because the helicopter will be delivered from out -of-state, a California Use Tax of $189,576.19 will be due and payable directly to the State of California.
The City published IFB# 2024 -0021 PD, titled “PD Helicopter Retrofit V.2,” on Planet Bids, fully adhering to the City’s purchasing policy. The City received (3) three bids by the closing date, as detailed below:
CONTRACTOR COST
Century Helicopters $1,195,376.07
Hangar One Avionics, Inc. $1,347,175.50
CNC Technologies, LLC $1,450,939.39
Following a thorough bid evaluation, staff determined Century Helicopters as non -responsive due to a location requirement for Southern California -based service providers. Staff identified Hangar One Avionics, Inc. as the lowest responsi ve and responsible bidder. Staff recommends awarding a contract to Hangar One Avionics, Inc. for $1,347,175.50 to supply and install the necessary mission equipment for the new helicopter, in line with bid specifications and cost - effectiveness.
In summary, these recommended awards to Bell Helicopters Textron and Hangar One Avionics, Inc. provide the Chino Police Department with a fully outfitted helicopter that meets operational needs, that aligns with the City’s purchasing policy.
Lastly, staff recommends that the City Council approve the contract with the County of San Bernardino accepting the $1,000,000.00 in grant funds for the purchase of the helicopter and authorize the City Manager to sign the required documents on the City’s behalf.
Attachments:
1. Bell Helicopters Textron Proposal
158
CITY COUNCIL MEETING DATE: NOVEMBER 19, 2024
TITLE: POLICE HELICOPTER GRANT FUNDS/AWARD OF BIDS FOR PURCHASE AND COMPLETION OF POLICE HELICOPTER.
PAGE: 4
2. Hangar One Avionics Bid
3. Contract with San Bernardino for Receipt of Grant Funds
159
CHINO POLICE DEPARTMENT
Bell 505
August 2024
160
i
RESTRICTED DISCLOSURE NOTICE
The data contained in this proposal is proprietary to Bell Textron Inc. (Bell) and constitute trade secrets for purposes of the Trade Secret and Freedom of Information Acts. No disclosure outside the City of Chino , either in the United States or abroad, or reproduction of any part of the information supplied is to be made, and no manufacture, sale, or use of any invention or discovery disclosed herein shall be made, except by written authorization of Bell. This res triction does not limit the State of Minnesota the right to use information contained in such data if it is lawfully obtained from another source without restriction.
This informational document is subject to applicable U.S. and Canadian Government Export and Import laws and regulations. The data provided in this proposal should not be furnished to other parties, including U.S. and Canadian Government sanctioned countries and denied or designated parties, or re-exported without the required U.S. and/or Canadian Government licenses.
COPYRIGHT
© 2024 Bell Textron Inc.
All registered trademarks are the property of their respective owners. 161
CHINO POLICE DEPARTMENT
Bell 505
1 - Executive Summary
August 2024 1-i
Bell Textron Inc.
Use of data contained on this sheet is subject
to the restriction on page i of this document.
1 EXECUTIVE SUMMARY
1.1 Company Information
With over 87 years of aviation experience and expertise providing the safest and most reliable helicopters in the industry, Bell’s firm commitment to customer satisfaction and continuing product improvements is represented in the Bell 505 Jet Ranger X helicopter. Customer Support Representatives are available 24 hours a day, 7 days a week, 365 days a year. With the highest part availability rate in the industry, Bell is prepared to support all operations of the Chino Police Department.
1.2 Bell 505 Overview
The Bell 505, shown in Figure 1-1 is a
versatile light single- engine turbine
helicopter. The Bell 505 was designed and
equipped with ergonomic controls in mind.
Proven cyclic controls, adjustable pedals,
and collective mounted engine control
switches create an excellent solution for
helicopter training. With dual -channel
FADEC and fully integrated Garmin
G1000H™ NXi Glass Cockpit, the Bell 505
provides a pilot -friendly, modern cockpit
design.
The Bell 505 was certified by the Transport
Canada Civil Aviation (TCCA) in
December 2016, followed by the Federal
Aviation Administration (FAA) , European
Union Aviation Safety Agency (EASA) and
over 40 other countries. As a newly
certified aircraft, the Chino Police Department pilots will train in an aircraft that meets the latest crashworthiness and safety standards. In February 2023, the Bell 505 completed its first flight fueled solely by 100% Sustainable Aviation Fuel (SAF), marking the first -ever single engine helicopter to fly with 100% SAF. Bell collaborated with Safran Helicopter Engines, Neste, GKN Aerospace and Virent Inc. to make this Bell 505 flight possible. It is a monumental achievement for sustainability and decarbonization in the rotorcraft industry.
1.2.1 Competitive Comparison
The Bell 505 (Figure 1-2) compares favourably across multiple categories to other aircraft in its category.
Figure 1-1. The Bell 505. Design with Safety as top priority. 162
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Bell 505
1 - Executive Summary
August 2024 1-ii
Bell Textron Inc.
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to the restriction on page i of this document.
Product Comparison
Performance Bell 505 Airbus
EC 120B
Robinson
R-66
MD
Helicopters
MD 500E
Leonardo
AW09
Max Gross Weight 3,680 lb
1,669 kg
3,781 lb
1,715 kg
2,700 lb
1,225 kg
3,000 lb
1,361 kg
3,968 lb
1,209 kg
Useful Load
(Standard
Configuration)
1,500 lb
680 kg
1,583 lb
718 kg
1,420 lb
644 kg
1,519 lb
689 kg
(Information Not
Available)
Altitude Performance
(Service Ceiling)
18,610 ft
5,672 m
17,000 ft
5,182 m
14,000 ft
4,267 m
13,900 ft
4,237 m
12,795 ft
3,900 m
HIGE Altitude
Performance
(Maximum GW, ISA)
14,450 ft
4,404 m
9,250 ft
2,819 m
>10,000 ft
>3,048 m
8,500 ft
2,591 m
4,232 ft
1,290 m
HOGE Altitude
Performance
(Maximum GW, ISA)
10,460 ft
3,188 m
7,600 ft
2,316 m
>10,000 ft
>3,048 m
6,800 ft
2,073 m
2,690 ft
820 m
Maximum Cruise
Speed
125 knots
232 km/h
120 knots
222 km/h
125 knots
232 km/h
133 knots
246 km/h
111 knots
206 km/h
Figure 1-2. Bell 505 Competitive Comparison.
1.2.2 Direct Operating Costs
A summary of the preliminary direct operating costs for the Bell 505 is provided in Figure 1-3.
Direct Operating Costs
Parts Labor
(Labor Rate
$95/Hour)
Total
Airframe Direct Maintenance $168.83 $44.79 $213.62
Powerplant - Safran Helicopter Engines Arrius 2R
(Quantity 1)
$97.03
Fuel and Lubricants (fuel @ $4/per gallon, lubricants 1% of fuel)
$130.49
Grand Total with Fuel $441.14
Figure 1-3. Bell 505 Direct Cost of Operations in U.S. Dollars per Flight Hour. Performance doesn’t need to come at a cost.
1.2.3 Versatility
The Bell 505 can be customized to serve multiple missions, from VIP transportation to HEMS operations, shown in Figure 1-4. This versatility in operations, combined with Bell’s world -class customer support, provides an inimitable flying experience. 163
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Bell 505
1 - Executive Summary
August 2024 1-iii
Bell Textron Inc.
Use of data contained on this sheet is subject
to the restriction on page i of this document.
The Bell 505 EMS Interior from United Rotorcraft The Bell 505 in a Law Configuration Mission Figure 1-4. The Bell 505 can be Customized to Serve Multiple Missions. Class-leading, Multi-mission capability.
1.3 MSG-3 Maintenance
The Maintenance Steering Group-3 (MSG-3) process was used on the Bell 505 to establish the initial schedule maintenance intervals and will be used over the service life of the Bell 505 to reduce Direct Maintenance Costs (DMCs). The process is led by a steering group composed of representatives from Bell, regulatory authorities, and operators. This approach improves safety by addressing maintenance of significant items at a system lev el, by zones, instead of at the individual component level. The objective i s to sustain the highest level of safety and reliability while improving cost and operational readiness. Some benefits in utilizing the MSG -3 methodology are:
• To ensure realization of the inherent safety and reliability levels of the equipment • To restore safety and reliability to their inherent levels when deterioration has occurred • To obtain the information necessary for design improvement of those items whose inherent reliability proves inadequate
• To accomplish these goals at a minimum total cost, including maintenance costs and the costs of resulting failures
• Selects fewer scheduled maintenance tasks
• Reduction of maintenance tasks – provides for a safer operation
1.4 Customer Services and Support
Bell’s world -class customer support organization ensures that the Chino Police Department benefits from an Integrated Logistics Support System that will deliver daily readiness rates acceptable to the Chino Police Department for the life of the program. Please refer to Section 3 for a full description of Bell’s #1-rated Aftermarket Support organization and offerings. With a keen 164
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Bell 505
1 - Executive Summary
August 2024 1-iv
Bell Textron Inc.
Use of data contained on this sheet is subject
to the restriction on page i of this document.
focus on customer satisfaction and impeccable service, Bell is the industry leader in Customer Support. Bell has over 350 direct points of contact to ensure the customer’s aircraft are flying safely and efficiently.
Bell’s central supply center in Fort Worth, Texas is located to provide domestic and global support for sales, parts distribution and aircraft services. This Bell-owned facility allows for support that is more responsive to customers for helicopter customizing, completions / deliveries, spare parts, and repair / overhaul of major components. If the other supply centers do not possess the required part, Bell either removes the part from a new helicopter on the assembly line or authorizes vendors to work overtime and expedite shipping of the part. Bell in turn expedites shipping the part to the closest supply center at no additional cost to the customer. The customer only pays to expedite shipping costs from the closest supply center to the customers’ location.
Bell is the proven leader in the following measured categories: response times, spares availability, cost of parts, speed in AOG service, technical manuals, technical representatives, and service satisfaction. Another strong indicator of Bell’s commitment to its customers is the extensive and responsive support organization, which services every aircraft ever built by Bell. Bell’s unmatched worldwide spares availability and warranty coverage plays a huge role in achieving excellence in customer service.
Bell’s factory-supported Repair and Overhaul capabilities, combined with its globally dispersed Customer Service Facilities, provide experienced, capable response to customer issues. Bell is the only manufacturer that has trained Customer Support Representatives around the globe to help customers with technical advice and assistance - a service that is free to all customers.
The Bell Asia Supply Center, located in Singapore, is strategically located to support the growing customer base in Asia Pacific. This facility has 8,000- line items for global support. Customer aircraft are in good hands with OEM -trained and experienced repair technicians. Additionally, on-site support for robust warranty protection and Customer Advantage Plans are available. The facility provides an on -site training academy with two (2) maintenance training and three (3) training rooms.
The Bell Calgary Supply Center, located in Calgary, Canada. Located on the North-West side of the Calgary International Airport, the facility is part of a larger Air Freight and Logistics Center.
The Calgary facility is a neighbor to global leaders in transportation and logistics such as FedEx, Purolator, and UPS. The facility supports helicopter owners in Canada and beyond with OEM-trained and experienced repair technicians, on -site support for our robust warranty protection and Customer Advantage Plan. The Calgary Supply Center supports “Aircraft -On- Ground” service for operators located in the north-western part of the United States.
The Bell Amsterdam Supply Center is responsible for supporting customers in more than 50 countries in the EMEAR region. This location sells and distributes Bell parts, Aeronautical Accessories and 3
rd party vendor items to Bell Dealers, Authorized Service Facilities and Operators in EMEAR. Repairs and third part vendor purchases are also handled here. Bell prioritizes and responds to customer needs based upon a sense of urgency to keep customer aircraft operationally available.
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Bell 505
1 - Executive Summary
August 2024 1-v
Bell Textron Inc.
Use of data contained on this sheet is subject
to the restriction on page i of this document.
1.5 Training
Bell is recognized around the world as the premier helicopter training organization. The Bell Training Academy has instructed over 3 00,000 pilots and maintenance personnel and invested significantly in the infrastructure required to conduct initial and recurrent pilot or mechanic training.
The training program will provide a full menu of options for training to the Chino Police Department’s instructor pilots and maintenance training to maintenance instructors.
Pilot training protocols include robust classroom periods, flight training device sessions, and flights in dedicated training aircraft, while mechanic training involves classroom and maintenance trainer sessions. All Bell training courses are designed with the goal of safe, cost -effective operation of the aircraft. The training plan and schedule will be tailored to meet the specific requirements of the Chino Police Department.
All Bell training courses are designed with the goal of safe, cost-effective operation of the aircraft.
The training plan and schedule will be tailored to meet the specific requirements of the Chino Police Department. Please refer to Section 4 for more information.
1.6 Summary
The Bell 505 Jet Ranger X (Figure 1-5)
offers the best value as a multi -mission
helicopter. The helicopter will be certified
to the most demanding airworthiness
standards and provide the best
combination of performance, safety,
customer support, and training.
Regional Customer Service Engineers can
provide on-site assistance, when needed.
The combination of the Bell 505 with Bell’s
industry-leading customer support
provides the best value short light single
helicopter solution available in the market.
The Bell 505 is easily supported through
Bell’s worldwide commercial channels
strategically located in Asia, Europe and
North America.
Following the reliable, proven, legacy of the OH -58, TH-57, Bell 206 Jet Ranger, Bell 206 Long Ranger, and 407 aircraft, Bell has built more than 5, 600 light single engine turbine helicopters.
The Bell 505 is anticipated to have the same success. The Bell team stands ready to meet with the Chino Police Department to commence discussions on all supplies and services included in this proposal.
Figure 1-5. The Light Single Choice for Multipurpose
Operations. The high performance Bell 505 is backed by #1 ranked customer support and is the optimal helicopter for Multipurpose operations.
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Bell 505
2 – Technical Requirements/Compliance Matrix
August 2024 2-1
Bell Textron Inc.
Use of data contained on this sheet is subject
to the restriction on page i of this document.
2 TECHNICAL DESCRIPTIONS
2.1 Bell 505 Helicopter Overview
The Bell 505’s proven cyclic
controls, adjustable pedals, and
collective mounted engine control
switches create an excellent
solution for helicopter training. With
dual-channel FADEC and fully
integrated Garmin G1000H ™
Glass Cockpit, the Bell 505
provides a pilot -friendly, modern
cockpit design (Figure 1-1).
A first -in-class fully integrated
Garmin G1000H NXi Integrated
Avionics System delivers an
unparalleled flying experience by
greatly reducing pilot workload.
The Garmin G1000H NXi flight
deck, featuring dual 10.4-inch (26.4
cm) displays, provide critical flight
information for crews at a glance,
enhancing situational awareness
and safety.
The aircraft is powered by the Safran Helicopter Engines (HE) Arrius 2R engine featuring a first- in-class, dual channel Full Authority Digital Engine Control (FADEC) engine control that delivers exceptional performance along with a maximum cruise speed of 125 kts (232 kph).
The Bell 505 offer customers great life cycle costs and a higher resale value than the competition.
The Bell 505 also offers a flat floor and removable seats, which will allow customers to reconfigure the aircraft quickly for their needs and also use the aircraft for other purposes.
As a training helicopter, the Bell 505 prepares student pilots for other modern aircraft and more advanced models. It also offers wrap -around windows and a power situation indicator which greatly increase situational awareness during training and a high inertia rotor system provides students with excellent autorotation capabilities. The Bell 505 has a proven engine and rotor drive system common to the Bell 206, a widely used training aircraft. As a newly certified aircraft, students will be up to date with the latest standards.
2.2 Bell 505 Configuration
The basic Bell 505 comes standard with the following:
Airframe
• Hybrid composite / metallic structure with composite side panels and aft fuselage skins
Figure 1-1. The Light Single Choice for Multipurpose Operations.
The high-performance Bell 505 is backed by Bell’s top ranked customer support and is the optimal helicopter for multipurpose operations.
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Bell 505
2 – Technical Requirements/Compliance Matrix
August 2024 2-2
Bell Textron Inc.
Use of data contained on this sheet is subject
to the restriction on page i of this document.
• Doors (three), one large hinged pilot and copilot door on LH and RH side, one hinged passenger door on the copilot side, copilot side doors open to unobstructed 55 inches (140 cm)
• Landing gear, tubular skid type with replaceable skid shoes (painted black) • Lock for luggage compartment
• Baggage Compartment: 18 ft3, 250 lb (0.51 m3, 113 kg) capacity with one composite door on pilot side
• Aluminum alloy fuselage (over 240 ft3 [6.8 m3]) loading space • Glass windshields
• Tail Skid (tail rotor guard)
• Tail boom, monocoque structure with vertical fin and fixed horizontal stabilizer • Rupture Resistant Fuel Tank: 84.85 gallons (321 liters) • Multiple paint schemes and color options available at config.bh.com Integrated Avionics System with Garmin G100H NXi Suite
• Two 10.4- inch (26.4 cm) high resolution display units, providing Primary Flight Display (PFD) and Multi-Function Display (MFD) functionalities
• One audio control panel with clearance recording and Automatic Speech Recognition (ASR) capability
• One Mode S transponder with extended squitter, including Traffic Information Service (TIS), with ADS-B out capability
• One engine and airframe interface unit
• Flight Data Recording of standard aircraft and engine parameters • Integrated Avionics Unit, consisting of a 16-watt VHF communication transceiver with 8.33 kHz spacing, VHF navigation, WAAS GPS navigation, and glideslope receiver • One Air Data Attitude Heading Reference Unit (ADAHRS) with Outside Air Temperature (OAT) probe and Magnetometer Unit
• Integrated Engine Indication and Crew Alerting System (EICAS), including Power Situation Indicator (PSI) that provides an integrated display presentation of all critical engine parameters into a single indicator to present the power “margin” remaining • Fuel flow indication with range ring display capability • Electronic Standby Instrument System
Electrical
• Auxiliary power outlet (28 VDC System)
• External power and grounding receptacle
• Solid state voltage regulator
• Static Ports, Unheated
• Single LED landing light and dual LED taxi lights
• Single LED landing light and dual LED taxi lights
• Battery, 17 amp-hour Lithium Ion
• Starter-generator (165 ampere)
• Heated pitot tube
• LED lighting (interior/exterior)
• Lighted baggage compartment
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Interior
• 5-place ICS allows audio access for all seats
• Cargo tie-downs in cabin and baggage compartment
• LED cabin lighting and crew lighting
• 5-place energy crash attenuating seats with 4-point shoulder harnesses • Structural provisions for mounting of external hardware • Fire extinguisher (Cockpit)
• Handholds for ingress/egress
• Cabin heater and defogger
• Decals and exit lighting/labels
• Bulkhead mounted passenger seats, foldable, quick disconnect • Helmet hooks (Pilot & Copilot)
• First aid kit
Manuals (not included in empty weight)
• Garmin Pilot’s Handbook (available electronically)
• Garmin Cockpit Reference Guide (available electronically) • Aircraft maintenance manuals (aircraft maintenance manuals are available on ePubs located here: https://www.bellflight.com), Fault isolation manual, Wiring diagrams, Engine maintenance manual, Engine operating manual, Engine parts manual, Ground station software (aircraft data display)
• Operating manuals: Rotorcraft flight manual, aircraft logbook, engine logbook Powerplant
• Safran HE Arrius 2R gas turbo -shaft engine with dual channel FADEC and automatic backup
• Automatic startup
• Interchangeable modules
• Engine data recording system (Automatic cycle and flight hour counting, stored in cockpit avionics system)
• Surge and flame-out protection
• Engine Inlet Barrier Filter
Rotors and Controls
• Main rotor, semi-rigid, two-bladed, teetering type with precone and underslung feathering axis. All metal blades that are moisture proof and epoxy encapsulated. Flap restraints. • High visibility main rotor blades
• Adjustable pedals
• Cyclic mounted Intercom / Transmit Switch
• Tail rotor, semi-rigid, two-bladed, teetering type
• Hydraulic boost system (pump and reservoir module)
• Mechanical flight control linkages throughout
• Pilot's cyclic grip has provisions for optional equipment control 169
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Transmission Drive System
• Soft mounted LIVE pylon isolation system
• Kaflex (non-lubricated) input drive shafts
• Freewheeling unit (between engine and main transmission) • Oil Cooler
• Oil filter with replaceable type cartridge
• Main transmission 2 stage 15.22:1 planetary reduction • Gearbox, tail rotor with 2.3:1 spiral bevel gear reduction • Hydraulic pump (for cyclic and collective boost controls) • Oil pump constant pressure
2.3 Accessory Kits
2.3.1 Dual Pilot Controls
The Dual Controls Kit (Figure 2-1) provides dual flight control capability either for operations requiring a two- man flight crew or for pilot training. The kit adds cyclic and collective sticks and anti-torque pedals for the left front seat. Similar to the main controls in appearance and relative position, they provide all the major functions as well as identical control "feel”. The collective stick includes a fully functioning twist - trip throttle control. The directional pedals can be adjusted for leg length.
Since the instrument panel, radio pedestal, fire extinguisher, cockpit light are all centrally located and within easy sight and reach of both crew positions, there is no need to relocate anything in the cockpit. The quick disconnect feature means that the cyclic and collective sticks are rapidly removable without tools.
The installation of the litter kit requires the removal of the dual controls.
2.3.2 Rotor Brake
The Rotor Brake Kit incorporates a completely self-contained hydraulic system consisting of a rotor brake disk, dual brake assemblies, a master cylinder with an operating handle and hydraulic hoses and lines.
The brake disk is located on the driveshaft between the main rotor transmission input shaft and
the freewheeling unit. The rotor brake handle, located on the floor between the crew seats, can be operated by either the pilot or the copilot. When the rotor is stopped, the handle, shown in (Figure 2-2), can be turned 90° into the parking brake locked position. The rotor brake is normally applied at or below 38% rotor RPM.
Figure 2-1. Bell 505 Dual Controls.
Figure 2-2. Rotor Brake Handle in
Cockpit.
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2.3.3 Automatic Door Openers Pilot/Copilot Door
The Automatic Door Openers open the crew doors when the door latches are released. The sturdy gas cylinders are equipped with an exclusive feature that controls the rate of opening and prevents doors from traveling past normal open positions. This helps prevent damage to the doors and
airframe when sudden wind gusts or rotor wash impinges on the door. The door openers also provide easy entrance and exit for the flight crew. The Bell 505 Door Opener Kit (Figure 2-3) can be procured for the left crew door, the right crew door or both crew doors. The two- door kit weighs 2.0 lb (0.9 kg).
2.3.4 Cowling Access Door
The Bell 505 Engine Wash Access Door (Figure 2 -4)
provides a convenient means to wash the engine without having to remove the aft engine cowling.
The installation utilizes a hinged door with ¼” fasteners.
Figure 2-4. Crew Door Opener.
OEM Engine
Wash Quick
Disconnect
Plug 69392004
FWD
505 Looking IB Aft Lower Engine Compartment505 Looking IB Aft Engine Cowling
Figure 2-3. Crew Door Opener.
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2.3.5 High Skid Gear (includes Flitestep)
The High Skid Gear kit provides an additional
6.5” (16.5 cm) of clearance over the standard
gear. The additional clearance may be
required for equipment installation and
landing and operating in certain terrain. It is
slightly longer and wider than standard gear
as shown in Figure 2-5.
• A minimal reduction in speed due to
increased drag.
• Not compatible with Emergency Floats
• Requires a Crew Step kit installed
• Extended fatigue life of the skid gear
components
• Kit does not include 505 712 001 or
003 crew steps (order separately)
Flitestep are full length steps running from the
forward to Aft crodss tubes
2.3.6 Baggage Door Kit – Left hand Side (AA)
The basic aircraft comes equipped with a single access to the baggage / cargo compartment, located on the right side of the fuselage. This kit adds an identical baggage door on the left side of the fuselage (Figure 2-6) allowing access from both sides of fuselage. To compliment this kit, an optional partition kit will be available to divide the compartment (LH/RH sides).
Figure 2-5 High Skid Gear (FliteStep not shown)
Figure 2-6 Baggage Door Kit.
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2.3.7 Pre Flight Step / Handle Kit (AA)
This kit (Figure 2-7) offers handhold and footrest assist for pre-flighting the top of the aircraft.
2.3.8 Tail Rotor Gearbox Cover
The configuration includes an Aeronautical Accessories
(STC) non-metal composite Tail Rotor Gearbox Cover
(Figure 2-8) that improves aesthetics and provides
protection from the environment. Still provides easy access for pre-flights.
2.3.9 Hard Point (Forward Location)
The Forward Hard Point ( Figure 2-9) will
accommodate any EO/IR sensor (Camera)
weighing 65 pounds (29.5 kg) or less and is 15.2
inches (386 mm) or less in diameter and 18.0 inches
(457.2 mm) or less in height.
2.3.10 Hard Point (AFT Location)
The configuration includes a hard point on the Aft Fuselage for mounting a searchlight. The Aft Mount will accommodate any searchlight weighing 70 pounds (29.5 kg) or less and is 15.0 inches (381 mm) or less in diameter and 19.0 inches (482.6 mm) or less in height.
Figure 2-8. Tail Rotor Gearbox Cover.
Forward Location Aft Location
Figure 2-9. Hard Points.
Figure 2-7 Pre Flight Step / Handle Kit.
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2.3.11 Wire Strike Protection System
The Wire Strike Protection System (WSPS) shown in (Figure 2-10), provides the added safety and a proven track record of saving lives and helicopter during wire strike incidents. It provides protection against inadvertent flight into horizontally strung mechanical, electrical transmission, and communication wires or cables.
The WSPS:
• Reduces the possibility of wires entering into the cockpit area and flight control damage during a wire strike
• Decreases the possibility of wires becoming entangled in the landing gear
• Is effective against multiple wire strikes
• Consists of upper cutter/deflector, a windshield deflector and lower cutter/deflector
• Each cutter is equipped with high tensile steel cutting blades
2.3.12 Expanded Avionics Shelf (AA)
The configuration includes Aeronautical Accessories STC Expanded Avionics Shelf that provides a larger Avionics Shelf with a maximum shelf capacity of 100 lbs (45 kg) and is installed in lieu of the smaller Avionics Shelf (max capacity 25 lb/11.3 kg) when more mounting area or shelf capacity is needed. The shelf installs in the truss area utilizing eight truss mounting brackets.
2.3.13 Avionics Rain Shield Kit
The configuration includes the Aeronautical Accessories (STC) Avionics Rain Shield ( Figure 2-11) divert water
away from the avionics shelf and circuit breaker panels with water falling on the aircraft (storm or washing) while on the ground. Garmin systems, circuit breakers, and
battery remain dry during DO -160G Section 10, Class R
criteria testing on the aircraft. Compatible with the Bell 505 Avionics Shelf and 505 Expanded Avionics Shelf.
Avionics Shelves can be easily accessed. Allows airflow keeping electronic components at reasonable
temperatures. Does not reduce usable area on Avionics
Shelves.
2.3.14 Solar Advantage Windshield, Clear (Pilot &
Co-pilot)
Windshields with UV and Glare reduction. Heat load reduction as much as 20 degrees with current inexpensive technology. Protection of the interior equipment from the damaging UV and high heat build-up in the cockpit. Additionally, this would assist the climate control and greenhouse effects experienced in the cabin.
Figure 2-11. Avionics Rain Shield.
Figure 2-10. Wire Strike
Protection System (WSPS)
Kit.
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2.3.15 Avionics Upgrade
The Garmin HTAWS, Synthetic Vision and GTS -800 TAS furthers enhance the exceptional situational awareness provided by the Garmin glass cockpit includes software activation of the Helicopter Terrain Avoidance and Warning System (HTAWS) and the Helicopter Synthetic Vision Technology (HSVT) within the G1000H™ GXi flight deck. It also includes the installation a Garmin GTS-800 Traffic Awareness System (TAS).
The HTAWS offers “forward looking” terrain and obstacle avoidance (FLTA) capability to alert, in advance, where potential hazards may exist. In addition to terrain and obstacle alerting, Garmin’s HTAWS system also features voice callouts, or VCOs, which audibly announce the helicopter’s height above terrain when descending below 500 feet. VCO altitude callouts operate in all HTAWS modes, and Garmin’s technology allows you to select multiple callouts, in one hundred- foot intervals, descending from 500 down to 100 feet. The radar altimeter couples with the HTAWS to provide better situational awareness within 500 feet of the ground.
The Garmin Synthetic Vision System (SVS) software in the G1000H ™ GXi integrated avionics suite. Garmin’s Synthetic Vision Technology (SVT) presents a three- dimensional depiction of terrain, obstacles and traffic on the G1000H™ GXi PFD so that the display replicates what a pilot would see outside the cockpit on a clear day. This brings an unprecedented level of situational awareness to the pilot especially when flying in conditions of reduced visibility or darkness. This results in enhanced safety and reduced pilot workload.
Garmin’s SVT seamlessly blends information about the aircraft position with topographical databases to create and display real-time 3D images. SVT presents the necessary information in ways that are easy to understand. Land, water and sky are clearly differentiated with shading and textures that are like the topographical colors found on the multi -function display (MFD) moving map. SVT works seamlessly to alert pilots of potential ground hazards by displaying terrain and obstacles that pose a threat to the aircraft with appropriate TAWS alert coloring.
Pilots will also appreciate SVT’s pathways, or Highway-In-The-Sky (HITS) guidance. Depicted as 3D “flying rectangles”, pathway guidance symbols help pilots stay on course when flying en route legs, VNAV legs, GPS/WAAS vertical approach procedures, ILS approach procedures, and arrival and departure procedures. When on an ILS approach, pilots will take advantage of Garmin’s patent-pending system whereby SVT relies on ILS signals to position the pathway. Therefore, when pilots fly through the SVT boxes on an ILS approach, they will automatically fly the precision glideslope. Pathways may be enabled or disabled via a PFD softkey. 175
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The Garmin GTS -800 TAS provides expanded traffic alerts through both active and passive surveillance capabilities, and the ability to process 1090 MHz ADS-B extended squitter from other aircraft. The
GTS-800 TAS System replaces the standard
configuration TIS (Traffic Information System), using
active interrogation of Mode S and Mode C
transponders to provide Traffic Advisories to the pilot independent of the air traffic control system.
2.3.16 Emergency Locator Transmitter
The E -04 121.5/406 MHz Emergency Locator
Transmitter ELT), shown in (Figure 2-12), is designed for use in general and commercial aviation aircraft. Older
generation ELTs were very limited in their ability to rapidly locate and identify a downed aircraft. Often it took several passes of the orbiting satellites to get an approximate fix on a downed aircraft. The older generation ELTs gave
rescuers no information on type of aircraft, owner /
operator, or contact information. Location accuracy with older generation ELTs was limited to about a 15 to
20-mile radius and could take several hours to provide
accurate location data. The new generation 406 MHz
ELTs provide much better, and faster location accuracy.
For new generation 406 MHz ELTs without GPS position
information, the average time to process, and identify the aircraft location is one (1) to two (2) hours, with a search radius of about two (2) miles or less. The model E -04 ELT is interfaced to the Garmin G1000H™ GPS. With GPS information, the time to locate the aircraft position is 10 minutes or less, with an accuracy of about 300 feet.
2.3.17 Radar Altimeter - Garmin GRA55
The Garmin GRA -55 radar altimeter’s digital signal processing technology can intelligently process hundreds of altitude readings every second and filter out anomalies, smooth altitude tracking and crosscheck data and system integrity. These benefits combine to provide a smooth and consistent readout of the altitude Above Ground Level (AGL). The GRA 55 ( Figure 2-13) is designed to work in a multitude of environments, allowing you to go from rough terrain to tree canopies, sand to choppy water and know exactly how much room you have to maneuver. The GRA
55’s self-testing technology continuously monitors incoming data and system integrity to help assure that the altitude provided is accurate, even in low -visibility conditions. In most installations, this self-testing technology eliminates the need for the pilot to interact with the GRA 55 in any way.
Figure 2-12. Emergency Locator
Transmitter and Antenna.
Figure 2-13. Garmin GRA 55 Radar
Altimeter.
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2.3.18 Second VHF Comm - Garmin GTR 225B
The configuration includes the installation of a Garmin GTR 225 VHF- AM Radio, pictured in (Figure 2-14). Installation of the GTR 225 provides a 16-Watt back-up VHF radio in case the VHF radio provided by the G1000H™ GXI Flight Deck becomes inoperative.
The GTR 225 is available with 25 kHz frequency channel spacing and 8.33 kHz channel spacing.
In addition to traditional communication features, the GTR 225 incorporates several functions that save time and effort. It comes with an airport identifier that will automatically find an airport frequency based on a built -in, updateable database.
When coupled with the G1000H ™ GXi GPS source, you
can also view the facility name and type when tuned to a valid station. The GTR 225 also allows you to store and recall commonly used or recently used frequencies by an assigned name. All information is displayed prominently on the device's large sunlight-readable LCD display.
With its standby frequency -monitoring feature, the GTR 225 gives you the ability to listen to ATIS while monitoring Air Traffic Control. Swapping your active and standby frequencies is done with a single touch of a button. No longer will you have to worry about missing an ATC call or other critical transmission.
You can also use the built -in timer to assist with approaches, holds and other assigned maneuvers.
2.3.19 Pilot and Co-Pilot Foot Switch ICS/XMIT
The configuration includes a Pilot and Co -pilot
Foot Switch ( Figure 2-15) allowing the person
located in the copilot seat to operate the ICS
system with their right foot. The foot switch is
attached to the left -hand side of the center
pedestal within the copilot’s foot well. The original
switch on the copilot’s cyclic stick al so remains
active.
2.3.20 Air Conditioning System
The configuration
includes the
installation of an Air Conditioning System Kit (Figure 2-16). This Kit contains a tail rotor driveshaft driven compressor, a condenser assembly, dual evaporator assemblies, roof mounted controls and the associated ducting, tubing and wiring.
Figure 2-14. Garmin GTR 225.
Figure 2-15. Pilot & Copilot Foot Switch.
Figure 2-16. Air Conditioning
Vents.
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2.3.21 Seats - Premium Interior (Two Tone Gray Leather) Premium seats include leather crew (2) and passenger
seats (3) in two tone gray leather (also available in black or two-tone tan upholstery ( Figure 2-17). The premium
seats are equipped with a two- inch, padded leather
headrest. The coordinated padding above the door and
on center post in cabin is color-coordinated to match.
2.3.22 Headliner Kit (Black)
The configuration
includes a
headliner ( Figure 2-18) within the crew and passenger
cabin areas in black , improving the appearance of the interior, concealing exposed hardware and the center
channel. This customized kit is manufactured and certified STC by Aeronautical Accessories.
2.3.23 Ground Handling Wheels (High Skid Gear or Float Skid Gear) The ground handling wheels are made by Brackett.
Part number BDW-206LR, are designed for skid gears where the ground handling lugs are located on the top surface of the skid tubes (505 High and Float gears, simulate to the Bell 206 and 407) The Ground Handling Carrier Bracket (Qty 2) is required to allow these wheels to carry the standard (low) skid gears.
2.3.24 Operator Accessory Package
The Bell 505’s Operator Accessory Package includes:
• Main Rotor Tie Down, permits securing of the main
rotor blades while parked.
• Pitot Tube Cover, protects the pitot tube from
foreign object damage while parked.
• Tail Rotor Tie Down, permits securing of the tail
rotor blades while parked.
• Exhaust Cover Assembly, protects the engine
exhaust from foreign object damage while parked.
(Figure 2-19),
IBF Cover Assembly, protects the inlet barrier filter from foreign object damage while parked.
Figure 2-17. Two-tone Gray Leather
Premium Interior.
Figure 2-18. Headliner Kit (Black).
Figure 2-19. Engine Inlet/Exhaust
Cover.
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2.3.25 Transponder, Garmin GTX-345R
The installation of a Garmin Transponder GTX 345R,
Figure 1-72, provides “Weather radar” type display
without having a weather radar displays on HSI or MFD.
Supports ADS -B In benefits, including traffic and
subscription-free weather. FIS -B weather products
include: NEXRAD, METARs, TAFs, PIREPs, winds and
temperatures aloft, NOTAMs, AIRMETs and SIGMETs.
It also includes XM available in North America, Worldwide weather possible with additional hardware, Multi-Panel MFD capability for pilot selectable display of 2 simultaneous page views on the MFD, show both Navigation Map Page and the Active Flight Plan P age and Moving Map Display on HIS. The WireAware (wire -strike avoidance technology), WireAware graphically overlays comprehensive power line location and altitude information right on the moving map page for the U.S. as well as some locations in both Canada and Mexico. Visual approach generates a three-degree vertical path from the threshold of the runway down to pilot-selectable minimums
2.4 Customizing
2.4.1 Custom Paint Scheme
The configuration includes a custom exterior paint scheme. A rendering of the exterior paint and markings will be provided at a design review after contract award. Paint samples will also be provided for review. Rendering approval by the customer is obtained prior to starting aircraft modifications.
2.4.2 Cabin & Cockpit Coin Mat Flooring
A Lon-Coin vinyl liner which makes the no-slip floor easy to clean may be installed.
2.5 Certification, Inspection, & Acceptance
2.5.1 Annual Inspections
If required, the Annual Inspection will be performed.
2.5.2 Inspection & Acceptance at Pinely Flats
2.5.3 Certification
2.5.4 Certification Engineering – Follow on AC
Bell is required to certify every individual configuration ensuring all FAA regulations are met and documented.
Figure 1-2. The Garmin Transponder
GTX 345R replaces the Standard 505
GTX 335R Transponder.
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2.5.5 Expoert C of A (if required)
2.6 Warranty
2.6.1 Bell Standard Warranty – 3 Years/1000 Hours
2.7 Training
2.7.1 Complimentary Training
2.7.1.1 Complimentary 505 Pilot Ground and Flight
2.7.2 Additional Training
2.7.2.1 505 Ground and Flight Initial
2.7.2.2 505 Ground and Flight Refresher
2.7.2.3 505 B2 Integrated Avionics – 2 Weeks
2.7.2.4 505 B1.3 Field Maintenance – 2 Weeks
2.8 Optional Accessory Kits
2.8.1 Air Conditioning System – 3rd Evaporator
A Third (3rd) Evaporator added to the original 2 Evaporator Air Conditional System. Increases output from 14,000 BTU to 21,000 BTU. The evaporator is located in front of the Pilot’s feet.
2.8.2 Adjustable Crew Seat tracks L/H (2.8” adjustment)
2.8.3 Adjustable Crew Seat tracks R/H (2.8” adjustment)
2.8.4 Sliding Windows (Pilot & Co-Pilot)
The sliding windows on the crew doors as shown in
Figure 1-73. The sliding windows slides Forward and Aft using an attached handle providing additional airflow
through the cockpit and cabin.
Figure 1-3. Sliding Windows on Pilot
and Copilot Doors.
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3 AFTERMARKET SUPPORT
Bell provides the Chino Police Department serviceable Bell 505 aircraft with the necessary training for technicians and flight crews to fully maintain and service their helicopter s. This is accomplished through the Bell Training Academy (BTA) and the field support offered through our Customer Service Engineers (CSEs). The Bell CSEs have the entire team of Bell’s Customer Support and Services behind them to provide support needed to accomplish your multi -mission requirements. Bell gives the Chino Police Department the needed support to have qualified technicians and flight crews, to reduce helicopter downtime, to ensure spare parts availability, to provide highly trained field representatives as required, and to offer the best warranty in the industry.
3.1 Support Philosophy
Every helicopter requires regular service, but no other manufacturer can consistently match the level of service and support provided by Bell. Bell offers a proven, cost effective multi -mission helicopter platform, supported by an existing worldwide commercial support network. This network provides the maintenance and logistics support.
3.1.1 Worldwide Support Network
Bell has established a worldwide network of supply centers and Customer Service Facilities to position parts closer to customer locations for quick and responsive service and coordination .
Bell’s policy of maintaining a complete inventory of spare parts on hand is designed to maximize spares availability for our customers. Routine spares orders are shipped out within seven days, and 92% of AOG (Aircraft on the Ground) requests are shipped within 48 hours.
Bell has manufactured and delivered over 35 ,000 helicopters and provides support for the commercial fleet through our supply centers.
• The central supply center located in Fort Worth, Texas maintains an inventory of over 60,000 line items and plays a vital role in supplying the customer with spare parts, special tools and ground support equipment.
• The Amsterdam Supply Center in The Netherlands stocks over 12,500 line items. • The Calgary Supply Center in Calgary, Canada, stocks 6,000 line items. • The Bell Asia Supply Center, located in Singapore, has 7,500 line items. 181
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Figure 3-1. Bell’s Worldwide Distribution Centers. Bell has the supply capability to support the needs of Chino Police Department.
3.1.2 Regional Support
3.1.2.1 Broussard Support Facility
Bell Broussard (BLA), in Louisiana, is an ISO 9001 and AS9100 certified organization and has been granted Bell direct ship authority. It holds repair station approval from Bell, FAA and EASA.
The facility is approximately 28,000 sq. ft. and is equipped with autoclaves, paint booths a metal process line and a clean room.
Products and Services: Bell Broussard’s precise and unique conformity process allows customers to purchase products that fit their aircraft. Whether they purchase one vertical fin or 50, consistency is proven and closely monitored.
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Services that BLA provides (Figure 4-2) include:
• Manufacturing
− Customized Composite Panels
− Bell Direct Ship Authority
− Bell Build-to-Print
• Panel Overhaul
• Repair
• Additional Services
− Piece Parts
− Autoclave Services
Quality practices include:
• Destructive & Non-Destructive Testing
• Chemical Testing
• Process Control Inspections
• Conformity Process
Customers of BLA products and services include:
• MRO Facilities and Completion Centers
• Civil Government / Parapublic / EMS Operators
• Fleet and Individual Operators
• Parts Distributors and Brokers
• Bell Customer Service Facilities
• Bell Supply Centers and Production Line
Customized Tail Cone
Repair Services
Figure 4-2. Bell Broussard
Manufacturing Services.
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3.1.2.2 Piney Flats Service Center
Bell’s service center in Piney Flats, Tennessee (Figure 4-5) provides a trusted, cost -competitive solution for customers looking to service or upgrade their Bell
aircraft. Renovated in 2016, the facility increased
capacity and improved efficiencies. As a top
completion and delivery center, we customize and
deliver more than 200 aircraft per year in addition to providing maintenance, repair and overhaul services.
Piney Flats is also home to the Bell brand: Aeronautical Accessories - an industry leader that houses and
distributes parts for Bell, Sikorsky, Airbus, Robinson, Leonardo and MD Helicopters.
• More than 40 years of supporting helicopter
operations
• 150,000 square foot facility
• 98% on-time completions
• Comprehensive services 24/7/365
• 41-acre adjacent airfield
The facility supports helicopter owners in the southeast United States and beyond. Customer aircraft are in
good hands with Bell Piney Flats OEM -trained and
experienced repair technicians. Additionally, on-site support for robust warranty protection as well as Customer Advantage Plan is available. Service capabilities include:
• Engineering Services
• Aircraft Customizing
• Aircraft Refurbishment
• Maintenance, Repair & Overhaul
• Upgrades & Mods-Installation
• Paint Service
• STC & Kit Installation
• Non-Destructive Test (NDT)
Component Repair and Overhaul capabilities include expanded repairs, transmissions, dynamic components, window replacement, and avionics. These services are also supported by Able Aerospace Services. The facility’s technical capabilities include approved f ield maintenance for all Bells, FAA and EASA Part 145 repair station, and ISO 9001:2008 certification. Bell Piney Flats is exceptional in aftermarket customer support and will provide you with consistent, top quality results.
Figure 4-3. Bell Piney Flats Service
Center.
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3.1.3 Additional Support Services
In support of its worldwide commercial fleet, Bell provides customer support through the Customer Service Engineer (CSE), Product Support Engineer (PSE) , Customer Service Facilities (CSFs) networks and Authorized Maintenance Centers (AMC).
Customer Service Engineer (CSE): Bell has a network of regional Customer Service Engineers (CSE) who provide technical support to the customer which includes advice on trouble shooting and proper maintenance procedures. While not dedicated to a specific customer, t hese CSEs make periodic visits to the customer locations and are available via cell phone and email when needed. They are also available to support aircraft arrivals and reassembly in-country.
Product Support Engineer (PSE): Bell will make available over the phone and by email a team of Product Support Engineers (PSE) which can provide technical support and trouble shooting.
The PSE team has specialist engineers responsible for each helicopter model and each system and can provide advice and technical support when needed.
Customer Service Facilities (CSF): and Authorized Maintenance Centers (AMC): Bell’s authorized network are privately owned maintenance and logistics operators located worldwide that ensure availability of Bell authorized helicopter maintenance services to every Bell operator.
These repair and maintenance facilities are staffed by Bell factory trained mechanics and technicians. They maintain a stock of genuine Bell spare parts, special tools, and technical manuals. Consequently, they are well equipped facili ties to perform service, maintenance and repairs for customer aircraft.
The Bell authorized network is “Bell Approved” meaning that each has made significant investments in facilities, inventory, tooling, training and insurance creating the foundation for delivering superior levels of service quality, technical support and safety. Bell ensures that each CSF has:
• Factory trained maintenance technicians
• Guaranteed parts inventory on hand to service aircraft • The training and expertise to process Bell warranty claims • Insurance to cover customer aircraft while at their facility • The latest technical and safety information on hand
• High standards of quality, professionalism and safety With unmatched service and support, the Bell CSF network is a true differentiator in the maintenance and overhaul provider market.
3.2 Spares, Special Tools & Ground Support Equipment Requirements Bell provides an initial 2-year listing of recommended Spares, Special Tools and Ground Support Equipment (GSE) based on 300 flight hours per year per aircraft stationed at one base of operation for all repairs and services. Bell will ship parts Carriage Insurance Paid (CIP INCOTERMS 2010) to the designated facility.
Priority Description
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3.2.1 Orders Priority
Our order processing system allows us to meet
the specific requirements of each customer for
spare parts delivery. Bell responds to
customer’s needs for spare parts using three
priority codes, described in Figure 3-4. This
categorized ordering process enables the
customer to maintain a high rate of operational
readiness to carry out missions when required.
The goal has always been to provide premier
service and strategically improve our inventory
availability. We work to improve our processes
to improve our fill rate. Having the parts available
when you need them is the only way you can
meet your operational needs . Currently, Bell is
maintaining a 92% fill rate within 48 hours and
works continuously to improve. For AOG orders we respond by shipping all on-hand parts to the customers within 24 hours of the day the order is received.
3.2.2 Web-based Order Fulfilment
Bell’s reputation for innovation extends to its revolutionary customer service system – MyBell. As a fully integrated, automated online management system, MyBell provides instant, real -time access for our customers around the world via the Web. Using the customer’s email and password, customers can log into MyBell 24/7/365. MyBell enables all customers to:
• Quickly check parts availability and prices
• Examine and process warranty claims
• Check purchase order status
• Monitor airway bill information
• View account information
• View technical bulletins and technical publications
• Register with the Bell Training Academy
• Submit questions directly to the Bell team
3.3 Technical Publications
Technical publications for the helicopter and engines are provided via online. The technical publications are complimentary during the warranty period. Following the warranty period, a one- year subscription is available for an additional charge per type/model/series. This provides unlimited users per model during the subscription year. All technical publications will be in English language
Flight Manuals: Upon aircraft delivery, Bell will provide free electronic access to Flight Manual publications. Flight Manual publications consists of a Flight Manual (FM), Flight Manual Supplement (FMS) and an Integrated Avionics Manual (IAM) as applicable.
Routine
Orders
Orders are normally filled within 7
days; often less than 4 days, when
parts are in stock. Over 90% of routine
orders are filled within 5 days.
Expedite This priority code is applied when work
cannot continue without the specific
part. Normally, parts ordered with this
priority supply a known need date.
Aircraft
on
Ground
(AOG)
This code is for helicopters grounded
for one or more parts. They are tied to
a specific helicopter serial number.
Over 90% of AOG orders are filled
within 2 days.
Figure 3-4. Order Priority. Bell prioritizes and
responds to customer needs based upon a sense
of urgency to keep aircraft operationally available.
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Maintenance Manuals: Also upon delivery, every customer will be granted free electronic access to maintenance publications and revision services via https://mybell.com.
Bulletins: All applicable Bell technical bulletins, alert service bulletins, and service instructions will be provided in electronic/printable format from two different websites (www.bellcustomer.com and https://mybell.com) with notification services.
Engine Manuals: Safran will provide one (1) set of electronic publications. Each set of publications consists of a Maintenance Manual, Illustrated Parts Catalogue, and Service Bulletin Index. Revision services are provided by Safran free of charge for a period of two (2) years following aircraft delivery. Any associated charges for revision services beyond two (2) years shall be the responsibility of the customer.
3.4 CAMP for Helicopters
Each helicopter comes with an initial subscription to the CAMP Maintenance Tracking Service for Helicopters in the form of the powerful CAMP MTX service. For over 45 years, CAMP has provided the business aircraft industry’s leading Aircraft Maintenance and Compliance Management solution.
CAMP MTX is renowned for reliability, technologically advanced software and value protection.
MTX now has additional features which make it the ideal choice for helicopters. These include automatic formula- based penalty and RIN calculations, and enhanced f light log tracking. In addition, CAMP has added a dedicated team of helicopter analysts, field service personnel, and general operational staff ready to provide direct support to our helicopter operators.
A one- year subscription to CAMP is provided with each helicopter delivered. Renewal subscription service is available through [email protected].
3.5 Commercial Warranty
Bell offers a new helicopter warranty and spares warranty summarized below as part of the purchase price. Engine warranty will be provided by Safran.
Three Years / 1,000 Hours Non- Prorated: Bell warrants each new helicopter to be free from defect in material or workmanship under normal use and service for 1, 000 hours of operation or three (3) years from acceptance, whichever occurs first. Spare parts installed as warranty replacement on helicopters which are covered by this New Helicopter Warranty will be warranted for the balance of the original aircraft war ranty. Seller assigns each manufacturer’s warranty to Buyer to the extent such manufacturer’s warranty exists and is assignable.
Spare Parts Warranty: Bell warrants each new helicopter part or helicopter part reconditioned by Seller to be free from defect in material and workmanship under normal use and service and if installed on Bells for up to 1 ,000 hours of operation, one (1) year from date of installation, or two (2) years from date of shipment by Seller, whichever occurs first. Seller assigns each manufacturer’s warranty to Buyer to the extent such manufacturer’s warranty exists and is assignable.
Safran Engine Warranty: New engines are provided with an operational warranty of 24 months or 1,000 flying hours for new equipment installed on the helicopter airframe at aircraft delivery 187
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and for spare engines or modules. Twelve months or 1,000 flying hours for spare accessories and twelve months for spare parts and tools.
3.6 Customer Advantage Plans (CAP)
Bell offers Customer Advantage Plans (CAP) which safeguard a customer’s investment and provide cost predictability for the operation of your aircraft . With CAP, customers will be able to anticipate maintenance cost based on annual flight hours. CAP spreads scheduled maintenance costs over time and provides warranty extension coverage for unscheduled events. The CAP plan eliminates the year to year budgeting uncertainty by providing customers with an annual CAP rate for every flight hour flown.
Bell has two straight -forward Customer Advantage Plan options: Standard and Premier Plans .
For new aircraft purchases, Bell standard warranty terms and conditions will apply. Technical publication subscriptions remain complimentary during the CAP contract period of performance.
Certain conditions and exclusions may apply.
CAP features and benefits include:
• Nose-to-tail coverage of standard, basic aircraft, configuration parts • Premier access to a rotable parts pool
• Complete direct maintenance cost protection
• Transferable upon aircraft resale
• Improved financing terms when applicable
• Streamlined budgeting
Standard: The standard plan is designed for customers who will have lower aircraft utilization.
The Standard plan covers your aircraft for up to 2 ,000 hours or 5 years, whichever comes first , and is transferable within the contract period but is non-renewable past the 5-year term.
Premier: The Premier plan is designed for customers who will have high aircraft utilization and plan to reach the major overhaul events on the aircraft . The Premier plan includes costs of scheduled overhauls into the hourly rate while also giving the customer complete coverage for any unscheduled events that may occur. The plan is transferable in the event the aircraft is sold, and there are no maximum flight hours for the Premier plan.
CAP Coverage: CAP provides complete aircraft coverage for the basic aircraft. CAP coverage only applies to the original configuration of the subject helicopter as it is delivered new by Bell, and to those parts supplied by Bell through the CAP program. Optional kits and customization parts may be included for an additional fee.
Exclusions: Excluded items and services include:
• Consumables and items priced less than $250
• Freight and shipping for parts being sent to Bell for repair • Tariffs or import duties
• Operator induced damage (abuse)
• Issues resulting from improper maintenance
• Corrosion and erosion
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• Standard paint and interior trim after the standard warranty • Accessory kits and customizing parts – Unless optionally covered • Engines – A separate plan may be available directly from the manufacturer. Please contact your engine OEM for more details.
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August 2024 4-1
Bell Textron Inc.
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4 PRICING
Bell has developed a firm fixed price proposal for Chino Police Department for 1xBell 505 helicopter, Accessory Kits, Customizing Equipment, Spare Parts, Special Tools, Ground Support Equipment and Support Services. The pricing assumes an executed contract no later than 30 September 2024. All pricing is contingent on mutually agreed upon contract terms and the conditions and assumptions set forth in Section 4.4. All pricing shall remain valid until 8 November 2024.
4.1 Program Pricing Summary
4.1.1 Pricing Summary
Figure 4-1 provides the firm fixed Program Pricing Summary for the Chino Police Department Bell 505 helicopter program. Prices are based on contract award no later than (NLT) 30 September 2024 and aircraft deliveries as set forth in Section 4.1.2. All prices are stated in U.S.
Dollars (USD) and are contingent upon the pricing conditions and assumptions set forth in Section 4.4.
Program Pricing Summary
Item No. Description Qty Unit Price Total Price
0001 Bell 505 Helicopter 1 $1,735,000.00 $1,735,000.00
0002 Accessory Kits 1 $415,000.00 $415,000.00
0003 Customizing Equipment (includes
Certification Engineering) 1 $56,806.00 $56,806.00
Management Discount 1 ($66,921.00) ($66,921.00)
Helicopter Subtotal $2,139,885.00
0004 Optional Accessory Kits 1 $59,700.00 $59,700.00
0005 Inspection and Acceptance 1 - -
0006 Standard Warranty 1 - -
0007 Spare Parts, Special Tools and Ground
Support Equipment 1 See Appendix B See Appendix B
0008 Technical Publications 1 - -
0009 Training Program 1 $26,700.00 $26,700.00
Figure 4-1. Program Summary Pricing, U.S. Dollars.
4.1.2 Notional Delivery Schedule
Delivery Schedule
S/N Contract Award
(No Later Than (NLT))
Final Delivery to Chino Police
Department
Bell 505 #1 30 September 2024 30 March 2025
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Bell Textron Inc.
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Figure 4-2. Notional Delivery Schedule.
4.2 Line Item Pricing
4.2.1 Basic Helicopter (Item # 0001)
The firm fixed pricing for the basic Bell 505 helicopter is provided in 3. All items listed in Figure 4-3 are included in the cost of the basic Bell 505 helicopter and are not individually priced.
Basic Helicopter Pricing
Item No. Description Qty Unit Price Total Price
0001 Basic Helicopter
0001A Basic Bell 505 Helicopter 1 $1,735,000.00 $1,735,000.00 Basic Helicopter Total $1,735,000.00
Figure 4-3. Basic Helicopter Pricing.
4.2.2 Accessory Kits (Item # 0002)
Accessory kits line-item pricing is provided in Figure 4-4. Accessory kits can be tailored to meet the specific mission requirements of the Chino Police Department as defined during contract negotiations. Any changes to the accessory kits as listed may result in a change in price and delivery schedule.
Accessory Kits Pricing
Item No. Description Qty Unit Price Total Price
0002 Accessory Kits
0002A Dual Pilot Controls 1 $15,400.00 $15,400.00
0002B Rotor Brake 1 $17,700.00 $17,700.00
0002C Automatic Door Openers for Co-Pilot Door 1 $3,700.00 $3,700.00 0002D Automatic Door Openers for Pilot Door 1 $3,700.00 $3,700.00 0002E Cowling Access Door 1 $5,100.00 $5,100.00
0002F High Skid Gear (includes Flitestep) 1 $12,800.00 $12,800.00 0002G Baggage Door Kit - Left Hand Side (AA) 1 $12,900.00 $12,900.00 0002H Pre Flight Step / Handle Kit (AA) 1 $7,300.00 $7,300.00 0002J Tail Rotor Gearbox Cover 1 $13,800.00 $13,800.00 0002K Hard Point (Forward Location) 1 $24,600.00 $24,600.00 0002L Hard Point (AFT Location) 1 $10,900.00 $10,900.00 0002M Wire Strike Protection System 1 $27,200.00 $27,200.00 0002N Expanded Avionics Shelf (AA) 1 $14,900.00 $14,900.00 0002P Avionics Rain Shield Kit 1 $5,900.00 $5,900.00 0002Q Solar Advantage Windshield, Clear (Pilot &
Co-pilot) 1 $15,400.00 $15,400.00
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August 2024 4-3
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Accessory Kits Pricing
Item No. Description Qty Unit Price Total Price
0002R Avionics Upgrade 1 $56,600.00 $56,600.00
0002S Emergency Locator Transmitter 1 $7,700.00 $7,700.00 0002T Radar Altimeter - Garmin GRA55 1 $16,900.00 $16,900.00 0002U Second VHF Comm - Garmin GTR 225B 1 $15,600.00 $15,600.00 0002V Pilot & Co-Pilot Foot Switch ICS/XMIT 1 $9,000.00 $9,000.00 0002W Air Conditioning System 1 $88,300.00 $88,300.00 0002X Seats - Premium Interior (Two Tone Gray
Leather) 1 $15,200.00 $15,200.00
0002Y Headliner Kit (Black) 1 $3,400.00 $3,400.00
0002Z Ground Handling Wheels (High Skid Gear
or Float Skid Gear) 1 $3,000.00 $3,000.00
0002AA Operator Accessory Package 1 $900.00 $900.00
00002BB Transponder GTX 345R 1 $7,100.00 $7,100.00
Accessory Kits Total $415,000.00
Figure 4-4. Accessory Kit Pricing.
4.2.3 Customizing Equipment (Item # 0003)
Line-item pricing for customizing equipment is provided in Figure 4-. Customizing equipment can be tailored to meet the specific mission requirements of the Chino Police Department as defined during contract negotiations. Any changes to the customizing equipment as listed may result in a change in price and delivery schedule.
Customizing Equipment Pricing
Item No. Description Qty Unit Price Total Price
0003 Customizing Equipment
0003A Custom Paint scheme - (Registration
Number Painted) 1 $51,691.00 $51,691.00
0003B Cabin & Cockpit Coin Mat Flooring 1 $5,115.00 $5,115.00 Customizing Equipment Total $56,806.00
Figure 4-5. Customizing Equipment Pricing.
4.2.4 Optional Accessory Kits (Item # 0004)
Accessory kits line-item pricing is provided in Figure 4-66. Accessory kits can be tailored to meet the specific mission requirements of the Chino Police Department as defined during contract negotiations. Any changes to the accessory kits as listed may result in a change in price and delivery schedule.
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August 2024 4-4
Bell Textron Inc.
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Optional Accessory Kits Pricing
Item No. Description Qty Unit Price Total Price
0004 Optional Accessory Kits
0004A Air Conditioning System - 3rd Evaporator 1 $34,200.00 $34,200.00 0004B Adjustable Crew Seat Tracks L/H (2.8"
adjustment) 1 $7,900.00 $7,900.00
0004C Adjustable Crew Seat Tracks R/H (2.8"
adjustment) 1 $7,900.00 $7,900.00
0004D Sliding Windows (Pilot & Co-Pilot) 1 $9,700.00 $9,700.00 Optional Accessory Kits Total $59,700.00
Figure 4-6. Optional Accessory Kit Pricing.
4.2.5 Inspection and Acceptance (Item # 0005)
Figure 4-7 provides pricing for the inspection and acceptance of the aircraft. Technical Inspection and factory acceptance of the aircraft will be conducted at the Bell Piney Flats facility by the Chino Police Department’s designated representatives. As part of the acceptance a test flight will be conducted with a Chino Police Department designated pilot, with a Bell pilot as the Pilot -in- Command (PIC). Upon the satisfactory completion of Acceptance, the Chino Police Department designated representatives will execute a certificate of Acceptance. Upon receipt of the accepted balance of payment, the title of the aircraft will be transferred.
Inspection, Acceptance, and Ferry Flight
Item No. Description Qty Unit Price Total Price
0005 Inspection and Acceptance
0005A Technical Inspection and Factory
Acceptance 1 $0.00 $0.00
Figure 4-7. Inspection, Acceptance, and Bell Pilot in Command Ferry Flight Pricing.
4.2.6 Warranty (Item # 0006)
Figure 4-8 provides an overview of the warranty coverage included for the proposed Bell 505 helicopter configuration and associated support supplies and services.
Warranty
Item No. Warranty Elements Warranty Coverage
0006
0006A Bell Standard Helicopter Warranty Three (3) years or 1,000 hours, whichever occurs first, claims evaluated on a case by case basis
0006B Accessory Kits and Customizing
Equipment
Original Equipment Manufacturer (OEM) Warranty
0006C Accessory Kits and Customizing
Equipment
One (1) year or 1,000 hours, whichever occurs first
Figure 4-8. Warranty Summary.
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CHINO POLICE DEPARTMENT
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August 2024 4-5
Bell Textron Inc.
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4.2.7 Spare Parts Special Tools and Ground Support Equipment (Item # 0007) Figure 4-9 provides pricing for spare parts, special tools and Ground Support Equipment (GSE).
Spare Parts Special Tools and Ground Support Equipment Pricing Item No. Description Qty Unit Price Total Price
0007 Spare Parts Special Tools and Ground
Support Equipment
0007A Spare Parts Lot See Appendix B See Appendix B
Training Program Total
Figure 4-9. Spare Parts Special Tools and Ground Support Equipment Pricing.
4.2.8 Technical Publications Pricing (Item # 0008)
The price of technical publications listed in Figure 4-10 are complimentary with each helicopter purchase during the warranty period.
Technical Publications Pricing
Item No. Description Qty Unit Price Total Price
0008 Technical Publications
0008A Technical Publications Lot No Charge No Charge
Technical Publications Total No Charge No Charge
Figure 4-10. Technical Publications Pricing.
4.2.9 Training Program Pricing (Item # 0009)
Figure 4-1 provides a summary of the pricing for the training curriculum that will be provided by the Bell Training Academy (BTA). The details of the pilot and maintenance training courses can be provided upon request.
Training Program Pricing
Item No. Description Qty Unit Price Total Price
0009 Training Program
0009 Bell 505 Pilot Ground 1 Complimentary Complimentary 0009 Bell 505 Field Maintenance 1 $9,350.00 $9,350.00
0009 Additional Bell 505 Pilot Ground 1 $17,350.00 $17,350.00 Training Program Total $26,700.00
Figure 4-11. Training Program Pricing.
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Bell Textron Inc.
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4.3 Payment Terms
4.3.1 Balance Payment
Final Balance Payment shall be payable by a wire transfer to Bell immediately upon execution of the Certificate of Helicopter Acceptance and prior to any shipment of the helicopter.
4.4 Pricing Ground Rules and Assumptions
4.5 Firm Price Proposal
1. The Pricing Terms and Conditions set forth herein are a part of this proposal and form the basis for the firm prices included in paragraphs above.
2. All pricing is firm, stated in United States Dollars (USD), and based on contract award and receipt of deposit from the Chino Police Department no later than 30 September 2024.
3. All pricing is firm and is valid until 8 November 2024.
4. Firm pricing is based on the assumption that mutually agreeable commercial contract terms and conditions will be negotiated between Bell and the Chino Police Department.
5. Firm pricing is based on the configuration and description of the helicopter and services as outlined in this proposal. Changes to the scope of work, configuration or delivery schedule may impact the final price.
6. Firm prices assume that any taxes, duties or similar charges imposed by the United States of America or Canada shall be for the account of Bell. Any taxes (including VAT and corporate income taxes), duties or similar charges imposed by the government of United States shall be for the account of the Chino Police Department.
7. Firm pricing for the helicopter, standard kits and customizing equipment includes the cost for hardware and installation.
8. Firm pricing is based on the assumption that inspection and acceptance of the helicopter will take place at the Bell Facility in Piney Flats, Tennessee , by a Chino Police Department inspection and acceptance team.
9. Firm pricing is based on the assumption that a final inspection and acceptance will be performed by a Chino Police Department team of up to four (4) representatives at the Bell facility in Piney Flats, Tennessee for up to five (5) days for the inspection and acceptance events. All expenses associated with the inspection and acceptance shall be for the account of the Chino Police Department.
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10. The standard Bell Commercial New Helicopter warranty is included in the price of the helicopter.
11. No state taxes are included in this proposal.
12. The Chino Police Department is responsible for complying with the Bell Training Academy Cancellation Policy as set forth at:
https://www.bellflight.com/support/training/payment-cancellation-policy.
13. The Bell 505 helicopter is an FAA certified aircraft. This proposal assumes that Bell is not responsible for registering or obtaining any certification of the Chino Police Department Bell 505 helicopter from the presiding military or commercial airworthiness authority of the government of United States.
14. Technical publications for the helicopter and engines are provided via online. The technical publications are complimentary during the warranty period. Following the warranty period, a one -year subscription is available for an additional charge per type/model/series. This provides unlimited users per model during the subscription year.
All technical publications will be in English language
15. The Bell 505 helicopter firm pricing is based on the assumption that the helicopter will be painted in a custom paint scheme . Chino Police Department shall define the paint configuration and interior color within thirty (30) days after contract award.
16. Bell proposes complimentary training with the purchase of new Chino Police Department Bell 505 helicopter. All costs associated with the training, including but not limited to airfare, lodging, transportation, meals, visas and medical expenses will be for the account of the Chino Police Department . All pilot and maintenance training will be conducted in English language.
17. In the event that a Chino Police Department designated training candidate fails to appear for a scheduled training class, there will be no refunds; however, Bell will attempt to reschedule the training class. The Chino Police Department shall ensure that the training candidates are available for the training classes as scheduled and shall notify Bell immediately if there is a problem with meeting the scheduled class.
18. In the event that a Chino Police Department designated candidate does not achieve required proficiency in a course, the candidate will receive a certificate of attendance rather than a certificate of completion.
19. All incoming Chino Police Department designated pilot candidates are assumed to have passed an FAA Class III flight physical (or United States equivalent), prior to departure from United States.
20. Pilot training will be conducted to FAA standards requiring pilot candidates to be fluent in reading, writing, understanding and speaking the English language; therefore, pilot 196
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ground instruction and flight training will not include use of a language interpreter. All training is conducted in the English language. Students must read, write and understand the English language to a minimum 70% comprehension level.
21. All incoming maintainer candidates will have an A&P, FCC license or military training equivalent prior to arrival at the Bell Training Academy.
22. All training manuals will be provided in the English language.
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Appendices
August 2024 1
Bell Textron Inc.
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APPENDIX A
NEW CHINO POLICE HELICOPTER PROPOSER REQUIRED INFORMATION
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ATTACHMENT “A”
NEW CHINO POLICE HELICOPTER PROPOSER REQUIRED INFORMATION 3D.
FACTORY APPROVED REPAIR STATIONS IN SOUTHERN CALIFORNIA:
Rotorcraft Support, Inc.
3E.
NAME AND CONTACT INFORMATION OF THE CLOSEST PERMANENT FACTORY- SPONSORED AIRCRAFT TECHNICAL REPRESENTATIVE IN SOUTHERN CALIFORNIA:
Rotorcraft Support, Inc.
3F.
PLEASE LIST THE COMPANY NAME, ADDRESS, COMMERCIAL TELEPHONE NUMBER AND POINT OF CONTACT FOR SUBCONTRACTORS TO BE UTILIZED IN THE EVENT OF AN AWARD:
No Subcontractors will be used while under this contract.
COMPLETED BY: Jennifer White
TITLE: Regional Contracts Manager DATE: 8/7/2024
ATTACH ADDITIONAL PAGES AS NEEDED USING NUMBER FORMAT LISTED
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Appendices
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APPENDIX B
Recommended Parts List and Maintenance Data
200
Bell Confidential and Proprietary
Bell 505 Flight Operations Cost/Hour
Bell Confidential and Proprietary - Competition Sensitive 1 Maintenance Category Parts Labor Total
Airframe Maintenance
Scheduled Inspections $1.95 $19.57 $21.52
Scheduled Retirements $145.39 $3.91 $149.30
Scheduled Overhauls $25.98 $8.59 $34.57
On-Condition Maintenance $20.81 $6.26 $27.07
Unscheduled Maintenance Provision $12.49 $1.48 $13.98
Power Plant
Engine Manufacturer Cost $134.00
Additional Line Maintenance $1.03
Fuel and Lubricants
Fuel (32 GPH @ SL,ISA,MGW) $161.50
Lubricants $1.62
Direct Maintenance Cost $381.48
Direct Operating Cost $544.59
Labor Assumption $100/Hour
Fuel Cost Assumption $5.00/Hour
201
Bell Confidential and Proprietary
Fuel Flow
Bell Confidential and Proprietary - Competition Sensitive 2 Assumptions
• ISA (OAT = 15oC), Sea Level
• Max Gross Weight = 3,680 lb
Long Range Cruise
• Fuel Flow = 218 lb/hr (32 GPH)
• Speed = 113 kts
202
Bell Confidential and Proprietary
Maintenance Planning
Bell Confidential and Proprietary - Competition Sensitive 3 Inspections Retirements Overhauls
Hourly/Calendar Main Rotor Blade/Grip/Trunnion Main Rotor Hub Flight Hour Only ME Blade Retention Strap/Bolt Mast Assembly Calendar Only Collective Lever Transmission
Landing Cycle Tail Rotor Blade/Yoke/Bearing Freewheeling Assembly Other/Event Based Main Rotor Mast Swashplate
Hydraulic Pump Tail Rotor Gear Box/Hub
LIVE Mounts Input Driveshaft
H-Stab Starter/Generator
Truss
Tail Cone
Landing Gear
203
Bell Confidential and Proprietary
Maintenance Planning
Bell Confidential and Proprietary - Competition Sensitive 4 Inspections Retirements Overhauls
Hourly/Calendar – 14 Inspections
Intervals of 50 hour/1 year to 5000 hour/ 5 year Main Rotor Blade/Grip/Trunnion Main Rotor Hub Flight Hour Only – 20 Inspections
Intervals of 25 hour to 6000 hour ME Blade Retention Strap/Bolt Mast Assembly Calendar Only – 12 Inspections
Intervals of 30 days to 15 year Collective Lever Transmission Landing Cycle – 1 Inspections
(1000 cycles) Tail Rotor Blade/Yoke/Bearing Freewheeling Assembly Other/Event Based – 4 Inspections
(EX: Torque Check) Main Rotor Mast Swashplate
Hydraulic Pump Tail Rotor Gear Box/Hub
LIVE Mounts Input Driveshaft
H-Stab Starter/Generator
Truss
Tail Cone
Landing Gear
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Bell Confidential and Proprietary
Maintenance Planning 5
Inspections
Calendar Hourly Hourly / Calendar Lubrications
1 y 100 h 50 h / 12 mo 50 h
2 y 150 h 100 h / 6 mo 100 h
3 y 200 h 100 h / 12 mo 200 h
4 y 300 h 100 h / 18 mo 300 h
5 y 400 h 300 h / 12 mo
6 y 500 h 400 h / 12 mo
7 y 600 h 600 h / 12 mo
9 y 1200 h 600 h / 24 mo
10 y 1500 h 600 h / 36 mo
2000 h 1200 h / 24 mo
3000 h 2250 h / 72 mo
3000 h / 72 mo
Special Inspections
Power Assurance Check at 25 h
Fire Extinguisher Pilot Heft Check at 30 Days
1000 Landing Cycles
Life-Limited Components
Component Life Component Life
T-T Strap
1,200 h or
48 mo MR Grip 4,800 h
Strap Pin / Bolt 1,200 h MR Mast1
5,500 h or
44,000 RIN
Hyd. Pump 2,000 h TR Yoke 5,000 h
Strap Fitting 2,400 h Pilot Collective Tube 6250 h
TR Blade 2,500 h H-Stab. Bolts 12,000 h
Truss 3,000 h Tailboom 14,000 h
LIVE Mounts 3,000 h Collective Lever 14,400 h
TR Bearing 3,000 h Swashplate Support 14,400 h
Tailboom Bolts 3,000 h H-Stab. 22,000 h
MR Blade 4,000 h MR Trunnion1 24,000 RIN
Skid Gear Low Skid High Skid
Forward X-tube1 22,000 RIN 44,800 RIN
Aft X-tube1 6,500 RIN 11,200 RIN
Skid Tube1 6,500 RIN UNL
Note1 Use MM for RIN count definition
Overhaul
Component Life
Starter/Generator 1,000 h
Main Driveshaft 2,000 h
Main Rotor Hub 2,400 h
Tail Rotor Hub 2,500 h
Freewheel Assembly 3,000 h
Mast Assembly 3,000 h
Main Transmission 4,500 h
Swashplate Assembly 4,800 h
Tail Rotor Gearbox 6,000 h
205
Bell Confidential and Proprietary
Maintenance Hour / Flight Hour
Bell Confidential and Proprietary - Competition Sensitive 6 Aircraft Maintenance Hour/ Flight Hour
Bell 505 .63
Bell 206B3 1.34
Bell 407GXi 1.61
Airbus H125 1.59
MD530F 1.27
The Bell 505 has >50% Reduction in Maintenance per Flight Hour vs the Competition and Comparable Bell Products
Based on Conklin & De Decker Third Party Analysis
206
Bell Confidential and Proprietary
Arrius 2R Maintenance Schedule
Bell Confidential and Proprietary - Competition Sensitive 7 207
Bell Confidential and Proprietary
Engine Cycle Definition
Bell Confidential and Proprietary - Competition Sensitive 8 208
Bell Confidential and Proprietary
Recommended Parts List (RPL)
Bell Confidential and Proprietary - Competition Sensitive 9 Part# Part Nomenclature Qty UM Min Ord Qty
011-03470-90 GDU 1050H -10 INCH DISPLAY 2 EA 0
011-03711-21 Integrated Avionics Unit (GIA 64H) 7 EA 0
120-172-4-006H JUMPER ASSEMBLY, Vertical Stabilizer 2 EA 0 142300-105 ASSEMBLY, FILTER 12 EA 0
18100-B8 ENGINE PRIME PUMP 5 EA 0
200SGL157Q-3 STARTER GENERATOR 19 EA 0
206-010-450-123 SWPL&SPRT ASSY 4 EA 1
206-010-470-101 BEARING, Swashplate 7 EA 1
206-011-100-109 HUB ASSY 2 EA 0
206-015-001-119 BLADE ASSY 1 EA 1
206-040-156-001 SEAL ASSY, MRGB Input 9 EA 1
206-040-320-103 SHAFT, Fan, T/R Drive 4 EA 1
206-310-400-101 SEAL, Swashplate 3 EA 1
222-375-077-117 TRANSMITTER, MRGB Oil PSI 3 EA 1
412-074-101-103 TRANSDUCER, Collective 5 EA 1
6420302-1 INSTRUMENT, STBY Attitude 5 EA 0
6430017-1 BATTERY, ADVANCED LITHIUM-ION, 17AH 14 EA 0
B0249-4 CALIPER ASSEMBLY - ROTOR BRAKE 1 EA 0
B4678 CHIP DETECTOR, MRGB (Upper) 8 EA 1
CI 259E ANTENNA, VOR AND GLIDE SLOPE 3 EA 1
CR16279 ISOLATOR 2 EA 0
E-04 TRANSMITTER, ELT 4 EA 0
FT30952 FUEL DRAIN PUMP ASSY 4 EA 0
M206-20H026-043 DRIVE SHAFT ASSY, Hydraulic Pump Adapter 4 EA 0 M206-20H030-043 HYDRAULIC PUMP 7 EA 0
M208-20H101-001 HYDRAULIC SERVO ACTUATOR 6 EA 0
SLS-030-100-137 LHS WINDSHIELD 3 EA 0
SLS-030-100-138 RHS WINDSHIELD 2 EA 0
SLS-030-500-153 AVIONICS TRAY GROUNDING BRACKET 2 EA 0
SLS-030-910-115 RESTRAINT ASSY - LIVE PYLON 9 EA 0
SLS-065-100-065 ENGINE OIL TANK ASSY 2 EA 0
SLS-075-014-101 SENSOR, HALL EFFECT ZERO SPEED 3 EA 0
SLS-706-102-101 TUBE ASSY, Rotor Brake Line 3 EA 0
209
DMC + FUEL ESTIMATE
MODEL 505 JRX
SUMMARY SCHEDULE
2024
PARTS LABOR (1) TOTAL
SCHEDULED INSPECTIONS (2) $1.95 $18.29 $20.24
SCHEDULED RETIREMENTS (3) $145.38 $3.71 $149.09
SCHEDULED OVERHAULS (4) $25.98 $8.16 $34.15
PROVISION FOR UNSCHEDULED MAINTENANCE &
SERVICE BULLETINS ON ABOVE COMPONENTS $12.49 $1.41 $13.90
ON-CONDITION MAINTENANCE OF OTHER
AIRFRAME COMPONENTS $20.81 $6.26 $27.07
SUBTOTAL $206.62 $37.83 $244.45
0.40 Mx Man-Hour / Flt. Hr
MFR. TURBOMECA ARRIUS 2R QUANTITY 1
MFR. ESTIMATE OF ENGINE COST PER HOUR $134.00 2024
BHT ESTIMATE OF ADDITIONAL LINE MAINTENANCE $1.03
SUBTOTAL $135.03
TOTAL DMC $379.48
FUEL (5) $161.50
LUBRICANTS $1.62
SUBTOTAL $163.12
GRAND TOTAL w/ FUEL $542.60
(1) FIGURED AT $95.00 /HR
(2) BASED ON 1000 FLT HRS/YR
1.5 RIN/FLT HR
(3) BASED ON 100% LIFE
(4) BASED ON 100% TBO
(5) CALCULATED AT: 32 GPH AT
$5.00 PER GAL
OTHER ASSUMPTIONS: BASIC HELICOPTER WITH NO OPTIONAL EQUIPMENT INSTALLED
MATURE HELICOPTER (NO WARRANTY CONSIDERATIONS)
BELL LIST PRICE FOR SPARE PARTS.
BASIC AIRFRAME MAINTENANCE
POWERPLANT
FUEL AND LUBRICANTS
FUEL FLOW RATE:
FUEL COST:
210
Date: 9/3/24
Quote #: 20240903-1
Bill To: TERMS Net 30
Aircraft Reg: TBD
Attn: Aircraft Type: Bell 505
Ph: Aircraft S/N: TBD
Fx:
Email:
Qty PART NUMBER TOTAL
1 MX-10 Camera 512,498.53
1 Churchill ARS700 177,000.00
1M a c r o B l u e M o n i t o r 101,575.00
1 Trakka Searchlight 160,625.00
1 TDFM-9300 163,204.64
1 AUDIO SYSTEM 97,565.71
1 Network
Connectivity 12,175.00
1P A S y s t e m 47,937.89
1 Mission Master 8,750.00
4U S B C h a r g e P o r t s 6,000.00
1N V G C o c k p i t 41,541.18
1,328,872.95
Freight In Included
Sales Tax 8.75% 116,276.38
Total Price 1,445,149.33$
Mission Master Switch: Purchase and install a Mission Master Switch to allow power up and power down of installed mission equipment
Macroblue MBW17 Monitor: Purchase and install a Macroblue MBW17 17” Daylight monitor at TFO station including all cabling, mounting hardware, repositioning of A/C. a. Connected to SHOTOVER Moving Map
b. Connected to stowable keyboard
c. Glare shield
SHOTOVER ARS700 Movin
g Map System: Purchase and install SHOTOVER ARS700 Augmented Reality Moving Map system.
a. Connected to MX-10 Camera
b. Connected to Macro Blue Monitor
c. Stowable Keyboard
d. All cabling and mounting hardware
Technisonic TDFM 9300 Radio: Purchase and install a Technisonic TDFM 9300 Radio system including all cabling, mounting hardware, antennas, manuals and configuration. See attached Technisonic Project Sheet #93708 for configuration. 4 Radios, (3) Tri band radios, 800 mhz, UHF, VHF High, VHF Low band Radio for CHP, NVG Option, Trunking, Encryption
OPTION A
Public Address System: Purchase and install a AEM LS600-200 Dual Bell PA system and control module, flush mounted on copilots side of aircraft, including all cabling and mounting hardware.
Network Connectivity: Purchase and Install a multi-Sim card cellular modem providing wifi access to aircrew and video downlink capability including Cradlepoint router, cabling and external antennas. City to provide activated SIM cards as customer furnished equipment. a. Connected to Shotover video out
b. Include on board video recorder with playback
CHINO POLICE BELL 505
City of Chino
USB Charging Ports: Purchase and install 2 USB-C and 2 USB-A charging ports TOTAL
AEM G13116 Audio Mixer Panel: Purchase and install AEM G13116 Audio Mixer Panel for both pilot and TFO including all wiring and mounting hardware. a. Multicast
b. Rela
y
Wescam MX-10 Camera Gimbal: Purchase and Install Wescam MX-10 Multi-Sensor Camera, including all mounting, cabling, cables, hand controller manuals and operator training. a. ADD HD MWIR Imager
b. ADD Spotter Camera
c. ADD MX-GEO
d. Provision for Connection to SHOTOVER ARS Mapping System Trakka Beam Search Light: Purchase and install a Trakka TLX Searchlight with IR filter on aft hardpoint including all mounting, cabling, hand controller, manuals and operator training. a. Ability to slave to SHOTOVER ARS700
Aerodynamix NVG Lighting: Modify cockpit for NVG use pursuant to the Aerodynamix STC.
DESCRIPTION
Quotation
STATEMENT OF WORK
211
Date: 9/3/24
Quote #: 20240903-1
Bill To: TERMS Net 30
Aircraft Reg: TBD
Attn: Aircraft Type: Bell 505
Ph: Aircraft S/N: TBD
Fx:
Email:
Qty PART NUMBER TOTAL
1 Trakka TC300 473,657.65
1 Trakka TM-100 125,750.00
1M a c r o B l u e M o n i t o r 101,575.00
1 Trakka Searchlight 160,625.00
1 TDFM-9300 163,204.64
1 AUDIO SYSTEM 97,565.71
1 Network
Connectivity 12,175.00
1P A S y s t e m 47,937.89
1 Mission Master 8,750.00
4U S B C h a r g e P o r t s 6,000.00
1N V G C o c k p i t 41,541.18
1,238,782.07
Freight In Included
Sales Tax 8.75% 108,393.43
Total Price 1,347,175.50$
DESCRIPTION
Quotation
STATEMENT OF WORK
CHINO POLICE BELL 505
City of Chino
USB Charging Ports: Purchase and install 2 USB-C and 2 USB-A charging ports TOTAL
AEM G13116 Audio Mixer Panel: Purchase and install AEM G13116 Audio Mixer Panel for both pilot and TFO including all wiring and mounting hardware. a. Multicast
b. Rela
y
Trakka TC300 Gen II Camera Gimbal: Purchase and Install Trakka TC300 Gen II Multi-Sensor Camera, including all mounting, cabling, cables, hand controller manuals and operator training. Provide for connection to mapping computer
a. ADD Laser Range Finder 12 km
b. Video Auto Tracking
c. Image Blending
d. Dr
ying Kit
Trakka Beam Search Light: Purchase and install a Trakka TLX Searchlight with IR filter on aft hardpoint including all mounting, cabling, hand controller, manuals and operator training. a. Ability to slave to SHOTOVER ARS700
Aerodynamix NVG Lighting: Modify cockpit for NVG use pursuant to the Aerodynamix STC.
Mission Master Switch: Purchase and install a Mission Master Switch to allow power up and power down of installed mission equipment
Macroblue MBW17 Monitor: Purchase and install a Macroblue MBW17 17” Daylight monitor at TFO station including all cabling, mounting hardware, repositioning of A/C. a. Connected to SHOTOVER Moving Map
b. Connected to stowable keyboard
c. Glare shield
Trakka TM-100 Mapping System: Purchase and Install Trakka TM-100 Mapping system to be connected to camera gimbal and search light. Including all mounting hardware and cabling. Provide for video out to cellular downlink system.
Technisonic TDFM 9300 Radio: Purchase and install a Technisonic TDFM 9300 Radio system including all cabling, mounting hardware, antennas, manuals and configuration. See attached Technisonic Project Sheet #93708 for configuration. 4 Radios, (3) Tri band radios, 800 mhz, UHF, VHF High, VHF Low band Radio for CHP, NVG Option, Trunking, Encryption
OPTION B
Public Address System: Purchase and install a AEM LS600-200 Dual Bell PA system and control module, flush mounted on copilots side of aircraft, including all cabling and mounting hardware.
Network Connectivity: Purchase and Install a multi-Sim card cellular modem providing wifi access to aircrew and video downlink capability including Cradlepoint router, cabling and external antennas. City to provide activated SIM cards as customer furnished equipment. a. Connected to Shotover video out
b. Include on board video recorder with playback
212
Standard Contract Page 1 of 17
THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY
Board of Supervisors
Department Contract Representative Stephanie Maldonado Telephone Number 909-387-4378
Contractor City of Chino
Contractor Representative Lieutenant Aaron Kelliher
Telephone Number 909-334-3067
Contract Term 12/3/24-12/2/26
Original Contract Amount Not-to-Exceed $1,000,000
Amendment Amount
Total Contract Amount Not-to-Exceed $1,000,000
Cost Center 1024001000
IT IS HEREBY AGREED AS FOLLOWS:
WHEREAS, it is the policy of the Board of Supervisors (Board) to work with community partners through services provided by San Bernardino County (County) and contractual agreements to identify programs, projects, and initiatives, that support the mission of the County, and to provide services to citizens that promote health, safety, economic well-being, education, recreation, and other public services that enhance quality of life, and meet the needs of the County’s citizens; and
WHEREAS, under Government Code sections 26224 and 26227 the Board may contract with certain entities to provide certain services to County residents; and,
WHEREAS, on September 21, 2021 (Item No. 18), the Board approved the Board of Supervisors Discretionary Fund – District Specific Priorities Program (Priorities Program) and allocated $4 million to each of the five supervisorial districts; and
WHEREAS, on November 16, 2021 (Item No. 33), the Board approved an additional allocation of $7 million to each of the five supervisorial districts under the Priorities Program; and
WHEREAS, on February 6, 2024 (Item No.61), the Board approved an additional allocation of $6 million to each of the five supervisorial districts under the Priorities Program; and
Contract Number
SAP Number
213
Revise d 1/10/23 Page 2 of 17
WHEREAS, on June 11, 2024 (Item No. 110), the Board approved an additional allocation of $3 million to each of the five supervisorial districts under the Priorities Program; and WHEREAS, the County desires to provide funding to the City of Chino (Contractor or City) for the purchase of a helicopter to be utilized by the City of Chino Police Department ; and WHEREAS, the County would like Contractor through its Police Department to provide the services of purchasing a helicopter; and
WHEREAS, the County finds Contractor qualified to purchase a helicopter to provide the Police Department with enhanced mobility, faster response times, and improved operational effectiveness, allowing officers to better serve and protect the community; and
WHEREAS, providing funding to Contractor serves the public purpose of providing for the health, public safety, emergency response and law enforcement needs of County residents ; and WHEREAS, the County residents of Chino and the surrounding communities of the Fourth District will be served by the purchase of a helicopter ; and
WHEREAS, the County desires that such services be provided by Contractor and Contractor agrees to perform these services as set forth below .
NOW, THEREFORE, the County and Contractor mutually agree to the following terms and conditions:
A. PURPOSE OF CONTRACT
This Contract is made for the purpose of providing funding to support Contractor in purchasing a helicopter (Services) to meet the health, public safety, emergency response and law enforcement needs of the residents of the City of Chino and surrounding communities.
B. CONTRACTOR RESPONSIBILITIES AND SCOPE OF SERVICES
B.1 Funding arising out of this Contract will be used for a Scope of Services to assist Contractor with purchasing a helicopter for the health, public safety, and law enforcement needs of County residents a nd first responders and promote the Countywide Vision. This helicopter will provide enhanced mobility, faster response times, and improved operational effectiveness, allowing officers to better serve and protect the community.
B.2 Contractor shall allow the County, its officers, agents and employees the privilege and right to on- site inspection of the helicopter purchased by the City for the duration of this Contract. Contractor will ensure that its employees or agents furnish any information that in the judgment of the County, may be relevant to a question of compliance with contractual conditions, or the effectiveness, legality, and achievements of the program.
B.3 Contractor shall provide the County all documentation regarding the scope of services covered by this Contract that the County requests from Contractor within 10 days of County’s request unless a different time is agreed to by the County.
B.4 Contractor shall provide the County with documentation supporting completion of the project within 60 days of project completion.
B.5 Contractor acknowledges and agrees that it will make a matching contribution of at least 25% of the cost of the Services that Contractor will provide under this Contract. Contractor’s matching contribution will be a minimum of $250,000.
C. GENERAL CONTRACT REQUIREMENTS
C.1 Recitals
The recitals set forth above are true and correct and incorporated herein by this reference. 214
Revise d 1/10/23 Page 3 of 17
C.2 Contract Amendments
Contractor agrees any alterations, variations, modifications, or waivers of the provisions of the Contract, shall be valid only when reduced to writing, executed and attached to the origina l Contract and approved by the person(s) authorized to do so on behalf of Contractor and County.
C.3 Contract Assignability
Without the prior written consent of the County, the Contract is not assignable by Contractor either in whole or in part. Any attempt by Contractor to assign any performance of the terms of this Contract shall be null and void and shall constitute a material breach of this Contract.
C.4 Contract Exclusivity
This is not an exclusive Contract. The County reserves the right to enter into a contract with other contractors for the same or similar services. The County does not guarantee or represent tha t the Contractor will be permitted to perform any minimum amount of work, or receive compensation other than on a per order basis, under the terms of this Contract.
C.5 Attorney’s Fees and Costs
If any legal action is instituted to enforce any party’s rights hereunder, each party shall bear its own costs and attorney fees, regardless of who is the prevailing party. This paragraph shall not apply to those costs and attorney fees directly arising from a third- party legal action against a party hereto and payable under Indemnification and Insurance Requirements.
C.6 Background Checks for Contractor Personnel
Contractor shall ensure that its personnel (a) are authorized to work in the jurisdiction in which they are assigned to perform Services; (b) do not use legal or illegal substances in any manner which will impact their ability to provide Services to the County ; and (c) are not otherwise disqualified from performing the Services under applicable law. If requested by the County and not in violation of applicable law, Contractor shall conduct a background check , at Contractor’s sole expense, on all its personnel providing Services. If requested by the County, Contractor shall provide the results of the background check of each individual to the County. Such background check shall be in the form generally used by Contractor in its initial hiring of employees or contracting for contractors or, as applicable, during the employment-screening process but must, at a minimum, have been performed within the preceding 12-month period. Contractor personnel who do not meet the County’s hiring criteria, in County’s sole discretion, shall not be assigned to work on County property or Services, and County shall have the right, at its sole option, to refuse access to any Contractor personnel to any County facility.
C.7 Change of Address
Contractor shall notify the County in writing, of any change in mailing address within ten (10) business days of the change.
C.8 Choice of Law
This Contract shall be governed by and construed according to the laws of the State of California .
C.9 Compliance with County Policy
In performing the Services and while at any County facilities, Contractor personnel (including subcontractors) shall (a) conduct themselves in a businesslike manner; (b) comply with the policies, procedures, and rules of the County regarding health and saf ety, and personal, professional and ethical conduct; (c) comply with the finance, accounting, banking, Internet, security, and/or other applicable standards, policies, practices, processes, procedures, and controls of the County; and (d) abide by all laws applicable to the County facilities and the provision of the Services, and all amendments and modifications to each of the documents listed in subsections (b), (c), and (d) (collectively, “County Policies”). County Policies, and additions or modifications thereto, may be communicated orally or in writing to Contractor or Contractor personnel or may be made available to Contractor or Contractor personnel by conspicuous 215
Revise d 1/10/23 Page 4 of 17
posting at a County facility, electronic posting, or other means generally used by County to disseminate such information to its employees or contractors. Contractor shall be responsible for the promulgation and distribution of County Policies to Contractor personnel to the extent necessary and appropriate.
County shall have the right to require Contractor’s employees, agents, representatives and subcontractors to exhibit identification credentials issued by County in order to exercise any right of access under this Contract.
C.10 Confidentiality
Contractor shall protect from unauthorized use or disclosure names and other identifying information concerning persons receiving Services pursuant to this Contract, except for statistical information not identifying any participant. Contractor shall not use or disclose any identifying information for any other purpose other than carrying out the Contractor's obligations under this Contract, except as may be otherwise required by law. This provision will remain in force even after the termination of the Contract.
C.11 Primary Point of Contact
Contractor will designate an individual to serve as the primary point of contact for the Contract.
Contractor or designee must respond to County inquiries within two (2) business days. Contractor shall not change the primary contact without written acknowledgement to the County. Contractor will also designate a back-up point of contact in the event the primary contact is not available.
C.12 County Representative
The Fourth District Supervisor or his/her designee shall represent the County in all matters pertaining to the services to be rendered under this Contract, including termination and assignment of this Contract, and shall be the final authority in all matters pertaining to the Services/Scope of Work by Contractor. Except as provided under Section D of this Contract, if this Contract was initially approved by the San Bernardino County Board of Supervisors, then the Board of Supervisors must approve all amendments to this Contract.
C.13 Damage to County Property
Contractor shall repair, or cause to be repaired, at its own cost, all damages to County vehicles, facilities, buildings or grounds caused by the willful or negligent acts of Contractor or its employees or agents. Such repairs shall be made immediately af ter Contractor becomes aware of such damage, but in no event later than thirty (30) days after the occurrence.
If the Contractor fails to make timely repairs, the County may make any necessary repairs. The Contractor, as determined by the County, shall repay all costs incurred by the County for such repairs, by cash payment upon demand, or County may deduct such costs from any amounts due to the Contractor from the County, as determined at the County’s sole discretion.
C.14 Debarment and Suspension
Contractor certifies that neither it nor its principals or subcontractor s is presently debarred , suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (See the following United States Genera l Services Administration’s System for Award Management website https://www.sam.gov ).
Contractor further certifies that if it or any of its subcontractors are business entities that must be registered with the California Secretary of State, they are registered and in good standing with the Secretary of State.
C.15 Drug and Alcohol Free Workplace
In recognition of individual rights to work in a safe, healthful and productive work place, as a material condition of this Contract, the Contractor agrees that the Contractor and the Contractor’s employees, while performing service for the County, on County property, or while using County equipment:
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C.15.1 Shall not be in any way impaired because of being under the influence of alcohol or an illegal or controlled substance.
C.15.2 Shall not possess an open container of alcohol or consume alcohol or possess or be under the influence of an illegal or controlled substance.
C.15.3 Shall not sell, offer, or provide alcohol or an illegal or controlled substance to another person, except where Contractor or Contractor’s employee who, as part of the performance of normal job duties and responsibilities, prescribes or administers medically prescribed drugs.
The Contractor shall inform all employees that are performing service for the County on County property, or using County equipment, of the County’s objective of a safe, healthful and productive work place and the prohibition of drug or alcohol use or impairment from same while perform ing such service for the County.
The County may terminate for default or breach of this Contract and any other Contract the Contractor has with the County, if the Contractor or Contractor’s employees are determined by the County not to be in compliance with above.
C.16 Duration of Terms
This Contract, and all of its terms and conditions, shall be binding upon and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the respective parties, provided no such assignment is in violation of the provisions of this Contract.
C.17 Employment Discrimination
During the term of the Contract, Contractor shall not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic infor mation, marital status, sex, gender, gender identity, gender expression, sexual orientation, age, or military and veteran status.
Contractor shall comply with Executive Orders 11246, 11375, 11625, 12138, 12432, 12250, 13672, Title VI and Title VII of the Civil Rights Act of 1964, the California Fair Employment and Housing Act and other applicable Federal, State and County laws and regulations and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted.
C.18 Environmental Requirements
In accordance with County Policy 11- 08, the County prefers to acquire and use products with higher levels of post-consumer recycled content. Environmentally preferable goods and materials must perform satisfactorily and be available at a reasonable price. The County requires Contractor to use recycled paper for any printed or photocopied material created as a result of this Contract. Contractor is also required to use both sides of paper sheets for reports submitted to the County whenever practicable.
To assist the county in meeting the reporting requirements of the California Integrated Waste Management Act of 1989 (AB 939), Contractor must be able to annually report the County’s environmentally preferable purchases. Contractor must also be able to report on environmentally preferable goods and materials used in the provision of their service to the County, utilizing a County approved form.
C.19 Improper Influence
Contractor shall make all reasonable efforts to ensure that no County officer or employee, whose position in the County enables him/her to influence any award of the Contract or any competing offer, shall have any direct or indirect financial interest resulting from the award of the Contra ct or shall have any relationship to the Contractor or officer or employee of the Contractor.
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C.20 Improper Consideration
Contractor shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to cash, discounts, service, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the County in an attempt to secure favorable treatment regarding this Contract.
The County, by written notice, may immediately terminate this Contract if it determines that any improper consideration as described in the preceding paragraph was offered to any officer, employee or agent of the County with respect to the proposal and award process. This prohibition shall apply to any amendment, extension or evaluation process once a contract has been awarded.
Contractor shall immediately report any attempt by a County officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from Contractor. The report shall be made to the supervisor or manager charged with super vision of the employee or the County Administrative Office. In the event of a termination under this provision, the County is entitled to pursue any available legal remedies.
C.21 Informal Dispute Resolution
In the event the County determines that service is unsatisfactory, or in the event of any other dispute, claim, question or disagreement arising from or relating to this Contract or breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question or disagreement.
To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.
C.22 Legality and Severability
The parties’ actions under the Contract shall comply with all applicable laws, rules, regulations, court orders and governmental agency orders. The provisions of this Contract are specifically made severable. If a provision of the Contract is terminated or held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full effect.
C.23 Licenses, Permits and/or Certifications
Contractor shall ensure that it has all necessary licenses, permits and/or certifications required by the laws of Federal, State, County, and municipal laws, ordinances, rules and regulations. The Contractor shall maintain these licenses, permits and/or certifications in effect for the duration of this Contract. Contractor will notify County immediately of loss or suspension of any such licenses, permits and/or certifications. Failure to maintain a required license, permit and/or certification may result in immediate termination of this Contract.
C.24 Material Misstatement/Misrepresentation
If during the course of the administration of this Contract, the County determines that Contractor has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to the County, this Contract may be immediately terminated. If this Contract is terminated according to this provision, the County is entitled to pursue any available legal remedies.
C.25 Mutual Covenants
The parties to this Contract mutually covenant to perform all of their obligations hereunder, to exercise all discretion and rights granted hereunder, and to give all consents in a reasonable manner consistent with the standards of “good faith” and “fair dealing”.
C.26 Nondisclosure
Contractor shall hold as confidential and use reasonable care to prevent unauthorized access by, storage, disclosure, publication, dissemination to and/or use by third parties of, confidentia l information that is either: (1) provided by the County to Contractor or an agent of Contractor or 218
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otherwise made available to Contractor or Contractor’s agent in connection with this Contract; or, (2) acquired, obtained, or learned by Contractor or an agent of Contractor in the performance of this Contract. For purposes of this provision, confidential information means any data, files, softwa re, information or materials in oral, electronic, tangible or intangible form and however stored, compiled or memorialize and includes, but is not limited to, technology infrastructure, architecture, financia l data, trade secrets, equipment specifications, user lists, passwords, research data, and technology data.
C.27 Notice of Delays
Except as otherwise provided herein, when either party has knowledge that any actual or potentia l situation is delaying or threatens to delay the timely performance of this Contract, that party shall, within twenty-four (24) hours, give notice thereof, including all relevant information with respect thereto, to the other party.
C.28 Ownership of Documents
All documents, data, products, graphics, computer programs and reports prepared by Contractor pursuant to the Contract shall be considered property of the County upon payment for services (and products, if applicable). All such items shall be delivered to County at the completion of work under the Contract, subject to the requirements of Section IV –Term of the Contract. Unless otherwise directed by County, Contractor may retain copies of such items.
C.29 RESERVED.
C.30 Air, Water Pollution Control, Safety and Health
Contractor shall comply with all air pollution control, water pollution, safety and health ordinances and statutes, which apply to the work performed pursuant to this Contract.
C.31 Records
Contractor shall maintain all records and books pertaining to the delivery of services under this Contract and demonstrate accountability for Contract performance. All records shall be complete and current and comply with all Contract requirements. Failure to maintain acceptable records shall be considered grounds for withholding of payments for invoices submitted and/or termination of the Cont ract.
All records relating to the Contractor’s personnel, consultants, subcontractors, Services/Scope of Work and expenses pertaining to this Contract shall be kept in a generally acceptable accounting format. Records should include primary source documents. F iscal records shall be kept in accordance with Generally Accepted Accounting Principles and must account for all funds, tangible assets, revenue and expenditures. Fiscal records must comply with the appropriate Office of Management and Budget (OMB) Circulars, which state the administrative requirements, cost principles and other standards for accountancy.
C.32 Relationship of the Parties
Nothing contained in this Contract shall be construed as creating a joint venture, partnership, or employment arrangement between the Parties hereto, nor shall either Party have the right, power or authority to create an obligation or duty, expressed or im plied, on behalf of the other Party hereto.
C.33 Release of Information
No news releases, advertisements, public announcements or photographs arising out of the Contract or Contractor’s relationship with County may be made or used without prior written approval of the County.
C.34 Representation of the County
In the performance of this Contract, Contractor, its agents and employees, shall act in an independent capacity and not as officers, employees, or agents of the San Bernardino County. 219
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C.35 Strict Performance
Failure by a party to insist upon the strict performance of any of the provisions of this Contract by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party’s right to insist and demand strict compliance by the other party with the terms of this Contract thereafter.
C.36 Subcontracting
Contractor shall obtain County’s written consent, which County may withhold in its sole discretion, before entering into Contracts with or otherwise engaging any subcontractors who may supply any part of the Services to County. At County’s request, Contra ctor shall provide information regarding the subcontractor’s qualifications and a listing of a subcontractor’s key personnel including, if requested by the County, resumes of proposed subcontractor personnel. Contractor shall remain directly responsible to County for its subcontractors and shall indemnify County for the actions or omissions of its subcontractors under the terms and conditions specified in Section G. All approved subcontractors shall be subject to the provisions of this Contract applicable to Contractor Personnel.
For any subcontractor, Contractor shall:
C.36.1 Be responsible for subcontractor compliance with the Contract and the subcontract term s and conditions; and
C.36.2 Ensure that the subcontractor follows County’s reporting formats and procedures as specified by County.
C.36.3 Include in the subcontractor’s subcontract substantially similar terms as are provided in Sections B. Contractor Responsibilities and C. General Contract Requirements.
Upon expiration or termination of this Contract for any reason, County will have the right to enter into direct Contracts with any of the Subcontractors. Contractor agrees that its arrangements with Subcontractors will not prohibit or restrict such Subcontractors from entering into direct Contra cts with County.
C.37 Subpoena
In the event that a subpoena or other legal process commenced by a third party in any way concerning the Goods or Services provided under this Contract is served upon Contractor or County, such party agrees to notify the other party in the most expeditious f ashion possible following receipt of such subpoena or other legal process. Contractor and County further agree to cooperate with the other party in any lawful effort by such other party to contest the legal validity of such subpoena or other legal process commenced by a third party as may be reasonably required and at the expense of the party to whom the legal process is directed, except as otherwise provided herein in connection with defense obligations by Contractor for County.
C.38 Termination for Convenience
The County and the Contractor each reserve the right to terminate the Contract, for any reason, with a thirty (30) day written notice of termination. Such termination may include all or part of the services described herein. Upon such termination, payment will be made to the Contractor for services rendered and expenses reasonably incurred prior to the effective date of termination.
Upon receipt of termination notice Contractor shall promptly discontinue services unless the notice directs otherwise. Contractor shall deliver promptly to County and transfer title (if necessary) all completed work, and work in progress, including drafts, documents, plans, form s, data, products, graphics, computer programs and reports.
County may immediately terminate this Contract upon the termination, suspension, discontinuation or substantial reduction in County funding for the Contract activity or if for any reason the timely completion of the scope of work described in Section A or B under this Contra ct is rendered improbable, infeasible or impossible.
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Upon Contract termination, Contractor shall immediately transfer to County all County Funds on hand at the time of expiration and any accounts receivable attributable to the use of County Funds.
C.39 Time of the Essence
Time is of the essence in performance of this Contract and of each of its provisions.
C.40 Venue
The parties acknowledge and agree that this Contract was entered into and intended to be performed in San Bernardino County, California. The parties agree that the venue of any action or claim brought by any party to this Contract will be the Superior Court of California, San Bernardino County, San Bernardino District. Each party hereby waives any law or rule of the court, which would allow them to request or demand a change of venue. If any action or claim concerning this Contract is brought by any third party and filed in another venue, the parties hereto agree to use their best efforts to obtain a change of venue to the Superior Court of California, San Bernardino County, San Bernardino District.
C.41 Conflict of Interest
Contractor shall make all reasonable efforts to ensure that no conflict of interest exists between its officers, employees, or subcontractors and the County. Contractor shall make a reasonable effort to prevent employees, Contractor, or members of governi ng bodies from using their positions for purposes that are, or give the appearance of being motivated by a desire for priva te gain for themselves or others such as those with whom they have family business, or other ties.
Officers, employees, and agents of cities, counties, districts, and other local agencies are subject to applicable conflict of interest codes and state law. In the event the County determines a conflict of interest situation exists, any increase in costs, associated with the conflict of interest situation, may be disallowed by the County and such conflict may constitute grounds for termination of the Contract. This provision shall not be construed to prohibit employment of persons with whom Contractor’s officers, employees, or agents have family, business, or other ties so long as the employment of such persons does not result in increased costs over those associated with the employment of any other equally qualified applicant.
C.42 Former County Administrative Officials
Contractor agrees to provide, or has already provided information on former San Bernardino County administrative officials (as defined below) who are employed by or represent Contractor.
The information provided includes a list of former County administrative officials who terminated County employment within the last five years and who are now officers, principals, partners, associates or members of the business. The information also includes the employment with or representation of Contractor. For purposes of this provision, “County administrative official” is defined as a member of the Board of Supervisors or such officer’s staff, County Executive Officer or member of such officer’s staff, County department or group head, assistant department or group head, or any employee in the Exempt Group, Management Unit or Safety Management Unit.
C.43 Disclosure of Criminal and Civil Procedures
The County reserves the right to request the information described herein from the Contractor.
Failure to provide the information may result in a termination of the Contract. The County also reserves the right to obtain the requested information by way of a background check perform ed by an investigative firm. The Contractor also may be requested to provide information to clarify initial responses. Negative information discovered may result in Contract termination.
Contractor is required to disclose whether the firm, or any of its partners, principals, members, associates or key employees (as that term is defined herein), within the last ten years, has been indicted on or had charges brought against it or them (if still pending) or convicted of any crime or offense arising directly or indirectly from the conduct of the firm’s business, or whether the firm , or any of its partners, principals, members, associates or key employees, has within the last ten years, been indicted on or had charges brought against it or them (if still pending) or convicted of 221
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any crime or offense involving financial misconduct or fraud. If the response is affirmative, the Contractor will be asked to describe any such indictments or charges (and the status thereof), convictions and the surrounding circumstances in detail.
In addition, the Contractor is required to disclose whether the firm, or any of its partners, principa ls, members, associates or key employees, within the last ten years, has been the subject of legal proceedings as defined herein arising directly from the provision of services by the firm or those individuals. “Legal proceedings” means any civil actions filed in a court of competent jurisdiction, or any matters filed by an administrative or regulatory body with jurisdiction over the firm or the individuals. If the response is affirmative, the Contractor will be asked to describe any such lega l proceedings (and the status and disposition thereof) and the surrounding circumstances in detail.
For purposes of this provision “key employees” includes any individuals providing direct service to the County. “Key employees” do not include clerical personnel providing service at the firm’s offices or locations.
C.44 Copyright
County shall have a royalty-free, non-exclusive and irrevocable license to publish, disclose, copy, translate, and otherwise use, copyright or patent, now and hereafter, all reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other materials or properties developed under this Contract including those covered by copyright, and reserves the right to authorize others to use or reproduce such material. All such materials developed under the terms of this Contrac t shall acknowledge the San Bernardino County as the funding agency and Contractor as the creator of the publication. No such materials, or properties produced in whole or in part under this Contract shall be subject to private use, copyright or patent right by Contractor in the United States or in any other country without the express written consent of County. Copies of all educational and training materials, curricula, audio/visual aids, printer material, and periodicals, assembled pursuant to this Contract must be filed with the County prior to publication.
C.45 Artwork, Proofs and Negatives
All artwork, proofs, and/or negatives in either print or digital format for anything produced under the terms of this Contract are the property of the County. These items must be returned to the County within ten (10) days, upon written notification to the Contractor. In the event of a failure to return the documents, the County is entitled to pursue any available legal remedies. In addition, the Contractor will be barred from all future solicitations, for a period of at least six (6) months.
C.46 Iran Contracting Act
IRAN CONTRACTING ACT OF 2010, Public Contract Code sections 2200 et seq. (Applicable for all Contracts of one million dollars ($1,000,000) or more). In accordance with Public Contract Code section 2204(a), the Contractor certifies that at the time the Contract is signed, the Contractor signing the Contract is not identified on a list created pursuant to subdivision (b) of Public Contract Code section 2203 as a person (as defined in Public Contract Code section 2202(e)) engaging in investment activities in Iran described in subdivision (a) of Public Contract Code section 2202.5, or as a person described in subdivision (b) of Public Contract Code section 2202.5, as applicable.
Contractors are cautioned that making a false certification may subject the Contractor to civil penalties, termination of existing contract, and ineligibility to bid on a contract for a period of three (3) years in accordance with Public Contract Code section 2205.
C.47 Reserved
C.49 California Consumer Privacy Act
To the extent applicable, if Contractor is a business that collects the personal information of a consumer(s) in performing Services pursuant to this Contract, Contractor must comply with the 222
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provisions of the California Consumer Privacy Act (CCPA). (Cal. Civil Code §§1798.100, et seq.).
For purposes of this provision, “business,” “consumer,” and “personal information” shall have the same meanings as set forth at Civil Code section 1798.140. Contractor must contact the County immediately upon receipt of any request by a consumer submitted pursuant to the CCPA that requires any action on the part of the County, including but not limited to, providing a list of disclosures or deleting personal i nformation. Contractor must not sell, market or otherwise disclose personal information of a consumer provided by the County unless specifically authorized pursuant to terms of this Contract. Contractor must immediately provide to the County any notice provided by a consumer to Contractor pursuant to Civil Code section 1798.150(b) alleging a violation of the CCPA, that involves personal information received or maintained pursuant to this Contract. Contractor must immediately notify the County if it receives a notice of violation from the California Attorney General pursuant to Civil Code section 1798.155(b).
D. TERM OF CONTRACT
The services to be provided by Contractor shall commence on December 3, 2024, and shall be completed by December 2, 2026, but may be terminated earlier in accordance with provisions of this Contract.
The County Chief Executive Officer , at the direction of the Second District Supervisor, may extend the term of the Contract, in writing, to allow Contractor to complete all requirements in the Contract under the following conditions:
a. In aggregate all extensions do not exceed twelve (12) calendar months; b. Are specifically requested by Contractor ;
c. Will not change the project goals or scope of services; d. Are in the best interests of C ounty and Contractor in performing the scope of services under this Contract; and
e. Do not alter the amount of compensation under this Contract.
E. RESERVED.
F. FISCAL PROVISIONS
F.1 The maximum amount of payment under this Contract shall not exceed $1,000,000 and shall be subject to availability of other funds to the County. The consideration to be paid to Contractor, a s provided herein, shall be in full payment for all Contractor’s services and expenses incurred in the performance hereof, including travel and per diem.
F.2 Any costs in excess of the amount available in this section shall be the sole responsibility of Contractor. This condition however, does not preclude County from providing additional funding at its sole discretion. For the purpose of this Contract, County shall disburse compensation a nd monitor the Contractor’s performance in satisfying the scope of work obligations under the term s of this Contract.
Disbursement of funds to Contractor shall be made in one lump sum. Upon review/approva l by County, County shall make payment to Contractor within thirty (30) working days after receipt of Contractor’s invoice or the resolution of any billing dispute. Contractor shall email County the Contractor’s invoice requesting one lump sum payment. The invoice(s) shall reflect the Entity Payable To Name and Address, Invoice Date, Invoice Number, Project Name, Contract Number, County-Issued Purchase Order (if applicable), the text “Final Invoice”, amount due, in a form a t acceptable to the County for services performed under this Contract. Contractor shall email invoice to County Administrative Office-Finance and Administration (County Finance) and shall include in the Subject Line: BOS – ENTITY NAME – PROJECT NAME – CONTRACT NUMBER – PO # [PURCHASE ORDER NUMBER]” (i.e. BOS -SAN BERNARDINO COUNTY -EDUCATION PROGRAM — 21-NNN – PO 4100NNNNNN).
Contractor shall submit a final expenditure report documented with “audit ready” supportive evidence of each expenditure and proof of payment until all funds have been justified 60 days after project completion. Documentation shall be submitted electronica lly, and Contractor shall 223
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supply hard copies upon request by County. Supportive evidence shall include, but is not limited to, copy of County’s approval email to Contractor, quotes, copy(ies) of purchase order, packing slips, a copy of the invoice submitted by Contractor requesting one lump sum payment from County, invoices paid by the Contractor for this project, proof of payment, etc., to County Finance. Email to County Finance shall include in the Subject Line: BOS – ENTITY NAME – PROJECT NAME – CONTRACT NUMBER – PO # [PURCHASE ORDER NUMBER]”-SUPPORTIVE DOCUMENTS.
F.3 Contractor shall accept all payments from County via electronic funds transfer (EFT) directly deposited into the Contractor’s designated checking or other bank account. Contractor shall promptly comply with directions and accurately complete forms provided by County required to process EFT payments.
F.4 County is exempt from Federal excise taxes and no payment shall be made for any persona l property taxes levied on Contractor or on any taxes levied on employee wages. The County sha ll only pay for any State or local sales or use taxes on the services rendered or equipment and/or parts supplied to the County pursuant to the Contract.
F.5 Costs for services under the terms of this Contract shall be incurred during the contract period except as approved by County. Contractor shall not use current year funds to pay prior or future year obligations.
F.6 Funds made available under this Contract shall not supplant any federal, state or any governmental funds intended for services of the same nature as this Contract. Contractor shall not claim reimbursement or payment from County for, or apply sums received from County with respect to that portion of its obligations that have been paid by another source of revenue.
Contractor agrees that it will not use funds received pursuant to this Contract, either directly or indirectly, as a contribution or compensation for purposes of obtaining funds from another revenue source without prior written approval of the County.
F.7 Contractor shall adhere to the County’s Travel Management Policy (8-02 and 08-02SP1) when travel is pursuant to this Contract and for which reimbursement is sought from the County. In addition, Contractor is encouraged to utilize local transportation services, including but not limited to, the Ontario International Airport.
F.8 Contractor understands and agrees that any and all legal fees or costs associated with lawsuits concerning this Contract against the County shall be the Contractor’s sole expense and shall not be charged as a cost under this Contract.
F.9 If the Contractor does not use the County funds provided under this Contract to pay appropriate costs associated with the Scope of Services by the termination date of this Contract, the Contractor shall return the County funds, or any unused portion thereof, to the County in accordance with any directions issued by County staff, within 60 days of written demand for the return of the County funds.
G. INDEMNIFICATION AND INSURANCE REQUIREMENTS
G.1 Indemnification
The Contractor agrees to indemnify, defend (with counsel reasonably approved by County) and hold harmless the County and its authorized officers, employees, agents and volunteers from a ny and all claims, actions, losses, damages and/or liability arising out of this Contract from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the County on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnities. The Contractor indemnification obligation applies to the County’s “active” as well as “passive” negligence but does not apply to the County’s “sole negligence” or “willful misconduct” within the meaning of Civil Code section 2782.
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G.2 Additional Insured
All policies, except for Worker’s Compensation, Errors and Omissions and Professional Liability policies shall contain additional endorsements naming the County and its officers, employees, agents and volunteers as additional named insured with respect to liabilities arising out of the performance of services hereunder. The additional insured endorsements shall not limit the scope of coverage for the County to vicarious liability but shall allow coverage for the County to the full extent provided by the policy. Such additional insured coverage shall be at least as broa d as Additional Insured (Form B) endorsement form ISO, CG 2010.11 85.
G.3 Waiver of Subrogation Rights
The Contractor shall require the carriers of required coverages to waive all rights of subrogation against the County, its officers, employees, agents, volunteers, contractors and subcontractors.
All general or auto liability insurance coverage provided shall not prohibit the Contractor and Contractor’s employees or agents from waiving the right of subrogation prior to a loss or claim.
The Contractor hereby waives all rights of subrogation against the County.
G.4 Policies Primary and Non-Contributory
All policies required herein are to be primary and non- contributory with any insurance or self - insurance programs carried or administered by the County.
G.5 Severability of Interests
The Contractor agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and there will be no cross liability exclusions that preclude covera ge for suits between the Contractor and the County or between the County and any other insured or additional insured under the policy.
G.6 Proof of Coverage
The Contractor shall furnish Certificates of Insurance to the County Department administering the Contract evidencing the insurance coverage at the time the Contract is executed, additional endorsements, as required shall be provided prior to the commencem ent of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the Department, and Contractor shall maintain such insurance from the time Contractor commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this contract, the Contractor shall furnish a copy of the Declaration page for all applicable policies and will provide complete certified copies of the policies and endorsements immediately upon request.
G.7 Acceptability of Insurance Carrier
Unless otherwise approved by Risk Management, insurance shall be written by insurers authorized to do business in the State of California and with a minimum “Best” Insurance Guide rating of “A- VII”.
G.8 Deductibles and Self -Insured Retention
Any and all deductibles or self -insured retentions in excess of $10,000 shall be declared to and approved by Risk Management.
G.9 Failure to Procure Coverage
In the event that any policy of insurance required under this contract does not comply with the requirements, is not procured, or is canceled and not replaced, the County has the right but not the obligation or duty to cancel the contract or obtain insurance if it deems necessary and any premiums paid by the County will be promptly reimbursed by the Contractor or County payments to the Contractor will be reduced to pay for County purchased insurance.
G.10 Insurance Review
Insurance requirements are subject to periodic review by the County. The Director of Risk Management or designee is authorized, but not required, to reduce, waive or suspend any 225
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insurance requirements whenever Risk Management determines that any of the required insurance is not available, is unreasonably priced, or is not needed to protect the interests of the County. In addition, if the Department of Risk Management determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits becom e reasonably priced or available, the Director of Risk Management or designee is authorized, but not required, to change the above insurance requirements to require additional types of insura nce coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the County, inflation, or any other item reasonably related to the County’s risk.
Any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this contract. Contractor agrees to execute any such amendment within thirty (30) days of receipt.
Any failure, actual or alleged, on the part of the County to monitor or enforce compliance with a ny of the insurance and indemnification requirements will not be deemed as a waiver of any rights on the part of the County.
G.11 The Contractor agrees to provide insurance set forth in accordance with the requirements herein.
If the Contractor uses existing coverage to comply with these requirements and that coverage does not meet the specified requirements, the Contractor agrees t o amend, supplement or endorse the existing coverage to do so.
Without in anyway affecting the indemnity herein provided and in addition thereto, the Contractor shall secure and maintain throughout the contract term the following types of insurance with limits as shown:
G.11.1 Workers’ Compensation/Employer’s Liability – A program of Workers’ Compensation insurance or a state-approved, self-insurance program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer’s Liability with $250,000 limits covering all persons including volunteers providing services on behalf of the Contractor and all risks to such persons under this contract.
If Contractor has no employees, it may certify or warrant to the County that it does not currently have any employees or individuals who are defined as “employees” under the Labor Code and the requirement for Workers’ Compensation coverage will be waived by the County’s Director of Risk Management.
With respect to Contractors that are non-profit corporations organized under California or Federal law, volunteers for such entities are required to be covered by Workers’ Compensation insurance.
G.11.2 Commercial/General Liability Insurance – The Contractor shall carry General Liability Insurance covering all operations performed by or on behalf of the Contractor providing coverage for bodily injury and property damage with a combined single limit of not less than one million dollars ($1,000,000), per occurrence. The policy coverage shall include:
a. Premises operations and mobile equipment.
b. Products and completed operations.
c. Broad form property damage (including completed operations). d. Explosion, collapse and underground hazards.
e. Personal injury.
f. Contractual liability.
g. $2,000,000 general aggregate limit.
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G.11.3 Automobile Liability Insurance – Primary insurance coverage shall be written on ISO Business Auto coverage form for all owned, hired and non- owned automobiles or symbol 1 (any auto). The policy shall have a combined single limit of not less tha n one million dollars ($1,000,000) for bodily injury and property damage, per occurrence.
If the Contractor is transporting one or more non- employee passengers in performance of contract services, the automobile liability policy shall have a combined single limit of two million dollars ($2,000,000) for bodily injury and property damage per occurrence.
If the Contractor owns no autos, a non- owned auto endorsement to the Genera l Liability policy described above is acceptable.
G.11.4 Umbrella Liability Insurance – An umbrella (over primary) or excess policy may be used to comply with limits or other primary coverage requirements. When used, the umbrella policy shall apply to bodily injury/property damage, persona l injury/advertising injury and shall include a “dropdown” provision providing prima ry coverage for any liability not covered by the primary policy. The coverage shall also apply to automobile liability.
H. RIGHT TO MONITOR AND AUDIT
H.1 The County, State and Federal government shall have absolute right to review and audit all records, books, papers, documents, corporate minutes, and other pertinent items as requested, and shall have absolute right to monitor the performance of Contractor in the delivery of services provided under this Contract. Contractor shall give full cooperation, in any auditing or monitoring conducted. Contractor shall cooperate with the County in the implementation, monitoring, and evaluation of this Contract and comply with any and all reporting requirements established by the County.
H.2 All records pertaining to services delivered and all fiscal, statistical and management books and records shall be available for examination and audit by County representatives for a period of three years after final payment under this Contract or until all pending County, State and Federa l audits are completed, whichever is later.
I. CORRECTION OF PERFORMANCE DEFICIENCIES
I.1 Failure by Contractor to comply with any of the provisions, covenants, requirements or conditions of this Contract shall be a material breach of this Contract.
I.2 In the event of a non-cured breach, County may, at its sole discretion and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract:
a. Afford Contractor thereafter a time period within which to cure the breach, which period shall be established at the sole discretion of County; and/or b. Discontinue reimbursement to Contractor for and during the period in which Contractor is in breach, which reimbursement shall not be entitled to later recovery; and/or c. Withhold funds pending duration of the breach; and/or d. Offset against any monies billed by Contractor but yet unpaid by County those monies disallowed pursuant to Item “b” of this paragraph; and/or e. Terminate this Contract immediately and be relieved of the payment of any consideration to Contractor. In the event of such termination, the County may proceed with the work in any manner deemed proper by the County. The cost to the County shall be deduc ted from any sum due to the Contractor under this Contract and the balance, if any, shall be paid by the Contractor upon demand.
J. NOTICES
All written notices provided for in this Contract or which either party desires to give to the other shall be deemed fully given, when made in writing and either served personally, or by facsimile, or deposited in 227
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the United States mail, postage prepaid, and addressed to the other party as follows:
San Bernardino County
CAO – Finance and Administration
385 N. Arrowhead Ave., Fourth Floor
San Bernardino, CA 92415
Attn: BOS Finance Analyst
City of Chino
5450 Walnut Avenue
Chino, CA 91710
Attn: Aaron Kelliher, Lieutenant
Notice shall be deemed communicated two (2) County working days from the time of mailing if mailed as provided in this paragraph.
K. ENTIRE AGREEMENT
This Contract, including all Exhibits and other attachments, which are attached hereto and incorpora ted by reference, and other documents incorporated herein, represents the final, complete and exclusive agreement between the parties hereto. Any prior agreement, promises, negotiations or representations relating to the subject matter of this Contract not expressly set forth herein are of no force or effect. This Contract is executed without reliance upon any promise, warranty or representation by any party or any representative of any party other than those expressly contained herein. Each party has carefully rea d this Contract and signs the same of its own free will.
L. CONTRACT EXECUTION
This Contract may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Contract.
The parties shall be entitled to sign and transmit an elec tronic signature of this Contract (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Contract upon request. 228
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IN WITNESS WHEREOF, the San Bernardino County and the Contractor have each caused this Contract to be subscribed by its respective duly aut horized officers, on its behalf .
FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department
Julie Surber, Principal Assistant County
Counsel
Date Date Date
SAN BERNARDINO COUNTY CITY OF CHINO
(Print or type name of corporation, company, contractor, etc.)
By
Dawn Rowe, Chair, Board of Supervisors (Authorized signature - sign in blue ink) Dated:
Name
Linda Reich
SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title City Manager
Lynna Monell
Clerk of the Board of Supervisors
of the San Bernardino County
(Print or Type )
By Dated:
Deputy
Address 13220 Central Avenue
Chino, CA 91710
229
MEMORANDUM
CITY OF CHINO
PUBLIC WORKS DEPARTMENT
CITY COUNCIL MEETING DATE: NOVEMBER 19, 2024
TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, PE, DIRECTOR OF PUBLIC WORKS
SUBJECT
..titl e
Construction Credit/Reimbursement Agreement with Chino Development Corporation and Chino Preserve Development Corporation for the Construction of Circulation (Streets, Signals & Bridges) Development Impact Fee Improvements at Various Locations in The Preserve. ..end
RECOMMENDATION
..recommendation
1) Appropriate $4,000,000 to the Transportation Fund and schedule a corresponding year -end transfer in the same amount from The Preserve Circulation (Streets, Signals & Bridges) Development Impact Fee Fund (Fund 260); 2) adopt Resolution 2024 -057 memorializing the developer’s rights to the highest priority reimbursement from The Preserve Circula tion (Streets, Signals & Bridges) Development Impact Fee Fund (Fund 260); 3) approve a construction credit/reimbursement agreement with Chino Development Corporation, a California corporation and Chino Preserve Development Corporation, a California corpora tion for an amount not to exceed $35,131,528.37 for the construction of Circulation (Streets, Signals & Bridges) Development Impact Fee improvements at various locations in The Preserve; 4) approve a reimbursement to Chino Development Corporation, a Califo rnia corporation in the amount of $4,000,000 for said improvements; and 5) authorize the City Manager to execute all the necessary documents on behalf of the city.
..body
FISCAL IMPACT
Requires an appropriation of $4,000,000 to the Transportation Fund with a corresponding year- end transfer in the same amount from The Preserve Circulation (Streets, Signals & Bridges) Development Impact Fee Fund (Fund 260). There is $7.1 million available in the fund balance for this purpose.
Staff will continue to monito r the fund balance in The Circulation (Streets, Signals & Bridges) Development Impact Fee program and will make progress payments to the Developer (when funds are available) until the terms of the agreement are fulfilled. Each progress payment requires an appropriation of funds and, therefore, each payment will be brought back to the City Council for approval.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
Positive City Image
Financial Stability
Responsible Long-Range Planning
Public Service Excellence through Internal and External Partnerships 230
CITY COUNCIL MEETING DATE: NOVEMBER 19, 2024
TITLE: CONSTRUCTION CREDIT/REIMBURSEMENT AGREEMENT WITH CHINO
DEVELOPMENT CORPORATION AND CHINO PRESERVE DEVELOPMENT CORPORATION
FOR THE CONSTRUCTION OF CIRCULATION (STREETS, SIGNALS & BRIDGES)
DEVELOPMENT IMPACT FEE IMPROVEMENTS AT VARIOUS LOCATIONS IN THE PRESERVE.
PAGE: 2
Revenue:
Expenditure: 3207100-43640
Transfer In: 3201000-50000 Transfer Out: 2601000-40001
231
CITY COUNCIL MEETING DATE: NOVEMBER 19, 2024
TITLE: CONSTRUCTION CREDIT/REIMBURSEMENT AGREEMENT WITH CHINO
DEVELOPMENT CORPORATION AND CHINO PRESERVE DEVELOPMENT CORPORATION
FOR THE CONSTRUCTION OF CIRCULATION (STREETS, SIGNALS & BRIDGES)
DEVELOPMENT IMPACT FEE IMPROVEMENTS AT VARIOUS LOCATIONS IN THE PRESERVE.
PAGE: 3
BACKGROUND
In 2004, the City of Chino (“City”) entered into a Development Agreement (“DA”) with three entities of the Lewis Management Corporation known as Chino Development Corporation, Chino Preserve Development Corporation, and Chino Holding Company, LLC (collecti vely referred to as “Lewis”). The DA was executed to help guide the orderly development of The Preserve, which was envisioned as a master -planned residential and commercial community.
Additionally, the DA set the terms and conditions of development on prop erty owned by Lewis and established the rights and obligations of the developer and the City during development.
The amended Preserve Development Agreement (DA), along with the conditions of approval for Tracts 16419, 16419 -1, 16420, 16420 -1, 16797, 17057 , 17571, 17572, and 19994, obligated Lewis to design and construct various master -planned circulation and transportation improvements as conditions for developing The Preserve. From 2004 to 2019, Lewis completed several major projects, including, but not l imited to, primary arterials such as Pine and Hellman Avenues, secondary arterials like Kimball Avenue, collector roads such as Rincon Meadows, and multiple traffic signals (collectively referred to as “Transportation Improvements”).
The Transportation Imp rovements are included in the City’s Circulation (Streets, Signals & Bridges) Development Impact Fee (“DIF”) program for The Preserve. The City’s Municipal Code, Chapter 3.45, titled Development Impact Fees, provides that if, as a condition of approval of a development project, a developer constructs a public facility identified in the DIF Nexus and Calculation Report, for which a DIF is imposed, the Developer shall be eligible to receive reimbursement and/or fee credit toward the DIFs imposed on the develo pment project for the same type of public facility so constructed and shall be entitled to credit for eligible costs of constructing the public facilities.
In 2019, the City adopted a policy and updated the DIF Ordinance to include requirements for public bidding and construction on DIF -eligible projects. Consequently, development projects initiated after 2019 are now required, as applicable, to enter into an agreement with the City before a building permit is issued to qualify for DIF credit. All transport ation improvements completed before 2019 are undergoing retroactive reconciliation, as no formal process or agreements existed between the City and developers at that time.
In September 2022, Lewis submitted documentation to the City to validate costs rel ated to Transportation Improvements completed between 2004 and 2019, necessitating a DIF Construction Credit & Reimbursement Agreement. Projects completed prior to 2019 were managed using a "single bid" approach, grouping multiple projects under one bid wi thout providing detailed cost breakdowns for each specific street. This approach complicated the cost reconciliation process. To streamline this allocation, the City applied a methodology based on square footage, calculating each street segment’s length an d approximate width. The resulting area was used to proportionally distribute costs, ensuring fair and equitable allocation across all streets based on the scale and scope of work performed. Street work was reconciled by development project and location, as detailed in Exhibits 1-7.
It should be noted that the improvements to Pine Avenue were conditioned as part of multiple Lewis developments and were constructed in phases. Lewis holds a separate reimbursement agreement with the City for Phase I of the Pine Avenue improvements (Stages 1-3), and costs associated with these improvements must be reconciled independently from other DIF -eligible 232
CITY COUNCIL MEETING DATE: NOVEMBER 19, 2024
TITLE: CONSTRUCTION CREDIT/REIMBURSEMENT AGREEMENT WITH CHINO
DEVELOPMENT CORPORATION AND CHINO PRESERVE DEVELOPMENT CORPORATION
FOR THE CONSTRUCTION OF CIRCULATION (STREETS, SIGNALS & BRIDGES)
DEVELOPMENT IMPACT FEE IMPROVEMENTS AT VARIOUS LOCATIONS IN THE PRESERVE.
PAGE: 4
improvements. However, due to Lewis’s choice to utilize a single -bid approach, the costs for Pine Avenue – Phase I are included in the exhibits and were validated as part of this submittal.
These costs were subsequently deducted from the total validated costs and allocated to the relevant agreement. Additionally, DIF credits for developments conditioned to complete the Phase I Pine Avenue improvements were excluded from the credits applied to this agreement.
Lewis has completed all work required in connection with the design and construction of the Transportation Improvements in accordance with City standards and to the satisfaction of the City Engineer. The City reviewed the final accepted/approved "as-built" plans, specifications and supporting documentation and determined that $35,131,528.37 is eligible for DIF credit and/or reimbursement.
Upon the costs being validated by the City, staff reconcil ed the Circulation (Streets, Signals & Bridges) DIF credits issued to all Lewis developments through April 2024, totaling $28,200,441, which is summarized below. The credits issued were deducted from the validated costs above, bringing a balance forward st ill owed to the developer in the amount of $6,931,087.37. This amount may be applied to future building permits and/or may be reimbursed depending on available fund balances.
Validated Costs (Projects 2004-2019) $ 35,131,528.37 Allocated DIF Credits Proposed DIF Agreement $ (28,208,553.49) Amount Owed to Lewis $ 6,922,947.88
ISSUES/ANALYSIS
In October 2024, staff brought an informational item to the Infrastructure/Street Committee (“Committee”) to briefly discuss the Transportation Improvements constructed by Lewis, the associated costs, and the DIF credits issued over last 20 years. This was necessary due to the size of the Lewis submittal and to better explain the nuances associated with staff’s review of the backup documentation provided by the developer.
Following the Committee meeting, the credit amount was adjusted to reflect the prepayment of Circulation DIF for two additional Lewis projects known as the Van Vliet and Block 4 developments. This prepay ment is earmarked for the Pine Avenue widening between Euclid and Johnson Avenues, with the City taking the lead on the project.
To date, Lewis has satisfied 65% of its Circulation DIF obligation through three cash installments, with the remaining 35% appl ied as credits. The cash portion of the DIF obligation was fully offset by Community Facilities District (CFD) 2003 -3 funds. Therefore, the credit amount was adjusted to the 35% of the total DIF obligation for these developments to prevent any potential overstatement of credits.
Lewis has expressed a preference for receiving a cash reimbursement along with DIF credits toward future building permits. The current balance in the Preserve Circulation DIF Fund is $7.1 233
CITY COUNCIL MEETING DATE: NOVEMBER 19, 2024
TITLE: CONSTRUCTION CREDIT/REIMBURSEMENT AGREEMENT WITH CHINO
DEVELOPMENT CORPORATION AND CHINO PRESERVE DEVELOPMENT CORPORATION
FOR THE CONSTRUCTION OF CIRCULATION (STREETS, SIGNALS & BRIDGES)
DEVELOPMENT IMPACT FEE IMPROVEMENTS AT VARIOUS LOCATIONS IN THE PRESERVE.
PAGE: 5
million. This amount reflects previously des ignated funding, which includes allocations for the south side of Merrill Avenue, various segments of Pine Avenue, and the traffic signal at Merrill and Hellman Avenues in The Preserve.
The fund balance is sufficient to accommodate a partial cash reimbur sement to Lewis of $4,000,000. This payment will leave an outstanding balance of $2,922,947.88 owed to the developer.
Additionally, City staff has reconciled Circulation DIF credits applicable to 4,460 of the 8,104 units required under the Preserve Development Agreement.
The City Council by resolution, may designate certain public facilities as “high priority”. The Transportation Improvements subject of this Agreement was constructed and accepted by the City for use prior to the date of the completion and acceptance by the City of any other Transportation DIF facilities which may be eligible for reimbursement. Accordingly, pursuant to the first-in/first-out provision of the DIF Ordinance (i.e., Section 3.45.130.A7), reimbursement to Lewis for the Transporta tion Improvements shall have priority and be first in line over all other Transportation DIF facilities constructed by other developers.
The proposed Agreement includes a provision that each year, the City and Lewis representatives will meet for the purpo se of ascertaining credits for Circulation DIFs issued by the City to Lewis for developments within the Lewis properties. The City and Lewis will prepare a document that reconciles the foregoing Circulation DIF credit and reimbursement reconciliation until the terms of the agreement are fulfilled.
Therefore, staff recommends that the City Council adopt Resolution 2024-057 memorializing the developer’s right to the highest priority reimbursement of funds from The Preserve Circulation (Streets, Signals & Bri dges) Development Impact Fee Fund; approve a construction credit/reimbursement agreement with Lewis for an amount not to exceed $35,131,528.37 for the Transportation Improvements at various locations in The Preserve; and approve an immediate reimbursement to Chino Development Corporation in the amount of $4,000,000.
Attachments: Exhibits 1-7 – Street Atlas Maps
Construction Credit/Reimbursement Agreement
Resolution 2024-057
234
MAYHEW AVEWEST PRESERVE LOOP
WEST PRESERVE LOOPWESTGATE ST
MILL CREEK AVE
HELLMAN AVECARPENTER AVE
FLIGHT AVEGROVE AVEHELLMAN AVEEUCLID AVE
STGARDEN
EAST PRESERVE LOOP
EUCLID AVE
BICKMORE AVE
VAN VLIET AVEFLIGHT AVEREMINGTON AVE
HELLMAN AVE
CHANNEL VIEW ST
EUCLID AVE
MARKET ST
KIMBALL AVE
RINCON MEADOWS AVE
ACADEMY STEAST PRESERVE LOOP
AVEPARKDISCOVERY
HELLMAN AVEPARK
CUCAMONGA AVESTREET "B"
BICKMORE AVEALPINE MEADOWS AVE
FOREST PARK STFOREST PARK STBRIDLEPATH
MAYHEW AVE
JOHNSON AVE
MEADOWHOUSE AVE
MERRILL AVE
BOTANY ST83'/40'
66'/40'66'/40'
66'/40'83'/54'
83'/54'83'/54'
83'/54'
94'/60'
94'/60'
94'/60'
83'/54'
83'/54'
83'/54'
94'/60'
94'/60'
75'/40'75'/40'78'/40'78'/40'75'/40'
MILL CREEK AVE (CHINO-CORONA ROAD N/S)
83'/40'
83'/40'
92'/48'
96'/40'
92'/44'
92'/44'
84'/46'
206'/168'
206'/168'
200'/90'
92'/62'
78'/58'
113'/74'
115'/74'
115'/74'
113'/73'
113'/74'
123'/73'107'/66'130'/66'104'/66'104'/66'104'/66'104'/66' 92'/62'
66'/40'
70'/44'123'/73'
104'/66'70'/44'
79'/46' 66'/40'
66'/40'98'/74'66'/40'
PINE AVENUE136'/90'136'/90'136'/90'136'/90'136'/90'136'/90'136'/90'136'/90' 74'/42'74'/42'
70'/44'206'/168'
PINE AVENUE
ST001ST002ST003ST004ST005ST006ST006ST007
ST079
ST027ST030
ST026
ST040
ST050
ST059
ST037
ST069
ST070
ST063
ST028
ST048ST049
ST046
ST047
ST025
ST009
INT016
ST072
ST073
ST074
ST044
ST045
ST016 ST018 ST020
INT034
INT008
INT019
INT028
INT015
INT038
INT054
INT003
ST008ST010
ST024
ST011ST012ST013ST014ST015
ST017 ST019 ST021
ST022
ST023
ST029ST031
ST032
ST03376'/46'
ST034ST035ST038ST039
ST041ST042
ST043
ST051 ST052
ST053ST054
ST056 ST057
ST058ST066
ST064ST067
ST083ST065
ST068ST071
ST075
ST076
ST077
INT048MAIN ST
INT036
INT029ST078
INT027MAIN STINT025INT023INT022
INT013INT014INT010INT009
INT002
INT006INT005
INT021
INT031PINE AVENUE
INT012
INT033
INT011KIMBALL AVE
INT001 INT004
INT02479'/46' INT02676'/46'
INT018
INT037
INT032
INT030 INT039INT040INT041INT042
INT044INT046INT047
INT050INT051INT052
INT049
INT007
ST036
INT017
INT035
INT056
ST061ST062
ST084
ST055
68'/42'
70'/47'
74'/44'
LEGACY PARK ST
ST080 ST081ST082
66'/40'
74'/44'
98'/64'98'/64'
130'/66'
CHINO-CORONA ROAD E/WINT053
INT045
INT043
INT020
INT058SULTANACAMPUSBON VIEWCUCAMONGAPARCOWALKERBAKERVINEYARD
CHANDLER ST
94'/46'
INT057
Updated 3/12/2024
Assume 68' wide improvements:
68' x 150 LF = 79,440 SF
* Assume 68'
wide per foot
for regrade.
Section
#3
Assume 24' wide improvements:
24' x 2,140 LF = 51,360 SF
Assume 70' wide improvements:
70' x 1,819 LF = 127,330 SF
* Assume 70'
wide per foot for
improvements.
* Assume 24'
wide per foot for
improvements.
Assume 62' wide improvements:
$285.30/LF x 813 LF = $231,948.90
* Assume 62'
wide per foot
for regrade.
* Assume 38'
wide per foot for
improvements.
Assume 38' wide improvements:
38' x 1,729 LF = 65,702 SF
Alpine Meadows Ave
AC Pavement = $2.75/SF x 32' = $88.00/LF
Sidewalk = $3.30/SF x 10' = $33.30/LF
Landscape = $8.00/SF x 16' = $128/LF
C&G = $18/LF x 2 = $36.00/LF
Total (per LF of Road) = 285.30/LF
* Note: Unit prices per CFD contract
City of Chino
"The Preserve" - Street DIF
Tract Map 18480 (Harvest)
CFD Streets (Harvest)
Description Quantity Unit
Alpine Meadows Ave. 813 ft
Bickmore Ave. 1,819 ft
Hellman Ave. 2,140 ft
Pine Ave 1,729 ft
235
MAYHEW AVEWEST PRESERVE LOOP
WEST PRESERVE LOOPWESTGATE ST
MILL CREEK AVE
HELLMAN AVECARPENTER AVE
FLIGHT AVEGROVE AVEHELLMAN AVEEUCLID AVE
STGARDEN
EAST PRESERVE LOOP
EUCLID AVE
BICKMORE AVE
VAN VLIET AVEFLIGHT AVEREMINGTON AVE
HELLMAN AVE
CHANNEL VIEW ST
EUCLID AVE
MARKET ST
KIMBALL AVE
RINCON MEADOWS AVE
ACADEMY STEAST PRESERVE LOOP
AVEPARKDISCOVERY
HELLMAN AVEPARK
CUCAMONGA AVESTREET "B"
BICKMORE AVEALPINE MEADOWS AVE
FOREST PARK STFOREST PARK STBRIDLEPATH
MAYHEW AVE
JOHNSON AVE
MEADOWHOUSE AVE
MERRILL AVE
BOTANY ST83'/40'
66'/40'66'/40'
66'/40'83'/54'
83'/54'83'/54'
83'/54'
94'/60'
94'/60'
94'/60'
83'/54'
83'/54'
83'/54'
94'/60'
94'/60'
75'/40'75'/40'78'/40'78'/40'75'/40'
MILL CREEK AVE (CHINO-CORONA ROAD N/S)
83'/40'
83'/40'
92'/48'
96'/40'
92'/44'
92'/44'
84'/46'
206'/168'
206'/168'
200'/90'
92'/62'
78'/58'
113'/74'
115'/74'
115'/74'
113'/73'
113'/74'
123'/73'107'/66'130'/66'104'/66'104'/66'104'/66'104'/66' 92'/62'
66'/40'
70'/44'123'/73'
104'/66'70'/44'
79'/46' 66'/40'
66'/40'98'/74'66'/40'
PINE AVENUE136'/90'136'/90'136'/90'136'/90'136'/90'136'/90'136'/90'136'/90' 74'/42'74'/42'
70'/44'206'/168'
PINE AVENUE
ST001ST002ST003ST004ST005ST006ST006ST007
ST079
ST027ST030
ST026
ST040
ST050
ST059
ST037
ST069
ST070
ST063
ST028
ST048ST049
ST046
ST047
ST025
ST009
INT016
ST072
ST073
ST074
ST044
ST045
ST016 ST018 ST020
INT034
INT008
INT019
INT028
INT015
INT038
INT054
INT003
ST008ST010
ST024
ST011ST012ST013ST014ST015
ST017 ST019 ST021
ST022
ST023
ST029ST031
ST032
ST03376'/46'
ST034ST035ST038ST039
ST041ST042
ST043
ST051 ST052
ST053ST054
ST056 ST057
ST058ST066
ST064ST067
ST083ST065
ST068ST071
ST075
ST076
ST077
INT048MAIN ST
INT036
INT029ST078
INT027MAIN STINT025INT023INT022
INT013INT014INT010INT009
INT002
INT006INT005
INT021
INT031PINE AVENUE
INT012
INT033
INT011KIMBALL AVE
INT001 INT004
INT02479'/46' INT02676'/46'
INT018
INT037
INT032
INT030 INT039INT040INT041INT042
INT044INT046INT047
INT050INT051INT052
INT049
INT007
ST036
INT017
INT035
INT056
ST061ST062
ST084
ST055
68'/42'
70'/47'
74'/44'
LEGACY PARK ST
ST080 ST081ST082
66'/40'
74'/44'
98'/64'98'/64'
130'/66'
CHINO-CORONA ROAD E/WINT053
INT045
INT043
INT020
INT058SULTANACAMPUSBON VIEWCUCAMONGAPARCOWALKERBAKERVINEYARD
CHANDLER ST
94'/46'
INT057
City of Chino
"The Preserve" - Street DIF
Updated 3/12/2024
Assume 68' wide improvements:
68' x 150 LF = 79,440 SF
* Assume 68'
wide per foot
for regrade.
Section
#3
Assume 76' wide improvements:
76' x 2,453 LF = 186,428 SF
CFD Streets
Description Quantity Unit
East Preserve Loop 953 ft
Hellman Ave 1,094 ft
Market Street 987 ft
Pine Ave 2,453 ft
* Assume 52'
wide per foot for
improvements.
* Assume 51'
wide per foot for
improvements.
Assume 51' wide improvements:
51' x 953 LF = 48,603 SF
Assume 39' wide improvements:
39' x 1,094 LF = 42,666 SF
* Assume 39'
wide per foot for
improvements.
* Assume 76'
wide per foot for
improvements.
Assume 52' wide improvements:
52' x 987 LF = 51,324 SF
T
ract Map Nos. 16420-1 & 16420-2
236
MAYHEW AVEWEST PRESERVE LOOP
WEST PRESERVE LOOPWESTGATE ST
MILL CREEK AVE
HELLMAN AVECARPENTER AVE
FLIGHT AVEGROVE AVEHELLMAN AVEEUCLID AVE
STGARDEN
EAST PRESERVE LOOP
EUCLID AVE
BICKMORE AVE
VAN VLIET AVEFLIGHT AVEREMINGTON AVE
HELLMAN AVE
CHANNEL VIEW ST
EUCLID AVE
MARKET ST
KIMBALL AVE
RINCON MEADOWS AVE
ACADEMY STEAST PRESERVE LOOP
AVEPARKDISCOVERY
HELLMAN AVEPARK
CUCAMONGA AVESTREET "B"
BICKMORE AVEALPINE MEADOWS AVE
FOREST PARK STFOREST PARK STBRIDLEPATH
MAYHEW AVE
JOHNSON AVE
MEADOWHOUSE AVE
MERRILL AVE
BOTANY ST83'/40'
66'/40'66'/40'
66'/40'83'/54'
83'/54'83'/54'
83'/54'
94'/60'
94'/60'
94'/60'
83'/54'
83'/54'
83'/54'
94'/60'
94'/60'
75'/40'75'/40'78'/40'78'/40'75'/40'
MILL CREEK AVE (CHINO-CORONA ROAD N/S)
83'/40'
83'/40'
92'/48'
96'/40'
92'/44'
92'/44'
84'/46'
206'/168'
206'/168'
200'/90'
92'/62'
78'/58'
113'/74'
115'/74'
115'/74'
113'/73'
113'/74'
123'/73'107'/66'130'/66'104'/66'104'/66'104'/66'104'/66' 92'/62'
66'/40'
70'/44'123'/73'
104'/66'70'/44'
79'/46' 66'/40'
66'/40'98'/74'66'/40'
PINE AVENUE136'/90'136'/90'136'/90'136'/90'136'/90'136'/90'136'/90'136'/90' 74'/42'74'/42'
70'/44'206'/168'
PINE AVENUE
ST001ST002ST003ST004ST005ST006ST006ST007
ST079
ST027ST030
ST026
ST040
ST050
ST059
ST037
ST069
ST070
ST063
ST028
ST048ST049
ST046
ST047
ST025
ST009
INT016
ST072
ST073
ST074
ST044
ST045
ST016 ST018 ST020
INT034
INT008
INT019
INT028
INT015
INT038
INT054
INT003
ST008ST010
ST024
ST011ST012ST013ST014ST015
ST017 ST019 ST021
ST022
ST023
ST029ST031
ST032
ST03376'/46'
ST034ST035ST038ST039
ST041ST042
ST043
ST051 ST052
ST053ST054
ST056 ST057
ST058ST066
ST064ST067
ST083ST065
ST068ST071
ST075
ST076
ST077
INT048MAIN ST
INT036
INT029ST078
INT027MAIN STINT025INT023INT022
INT013INT014INT010INT009
INT002
INT006INT005
INT021
INT031PINE AVENUE
INT012
INT033
INT011KIMBALL AVE
INT001 INT004
INT02479'/46' INT02676'/46'
INT018
INT037
INT032
INT030 INT039INT040INT041INT042
INT044INT046INT047
INT050INT051INT052
INT049
INT007
ST036
INT017
INT035
INT056
ST061ST062
ST084
ST055
68'/42'
70'/47'
74'/44'
LEGACY PARK ST
ST080 ST081ST082
66'/40'
74'/44'
98'/64'98'/64'
130'/66'
CHINO-CORONA ROAD E/WINT053
INT045
INT043
INT020
INT058SULTANACAMPUSBON VIEWPARCOWALKERBAKERVINEYARD
CHANDLER ST
94'/46'
INT057
CFD Streets (Homecoming)
Description Quantity Unit
Discovery Park Ave 1,767 ft
East Preserve Loop 1,324 ft
Hellman Ave 1,810 ft
Legacy Park Street 1,289 ft
Market Street 1,068 ft
Updated 7/25/2023
City of Chino
"The Preserve" - Street DIF
South of Pine Ave (SOP)-Ph 3&4
This project includes Tr 19994 and the following DIF Projects:
East Preserve Loop-Market to Legacy Park (portion of TR 179) Legacy Park- East Preserve Loop to Hellman (TR 102)
Hellman- Market to Legacy Park Ave (portion of TR 118)
Chino Corona Road N/S-Legacy Park to Market St (TR 109), Chino Corona Road N/S- Legacy Park south to Chino Corona Road E/W (portion of TR 109)
Updated 3/12/2024
HELLMAN AVECARPENTER AVE
VE E AVEE
VAN VLIET AVEFLIGHT AVEREMINGTON AVE
MERRILL AVE
70'/44'123'/73'
104'/66'70'/44'
70'/44'206'/168'
ST050
ST048ST049
ST046
ST047
ST044
ST045
INT003
ST077
INT002
INT006INT005
INT001 INT004
INT007
70'/47'
74'/44'
ST081ST082
74'/44'
98'/64'98'/64'SULTANACAMPUSBON VIEWPARCOWALKERBAKERVINEYARDINT057 CFD Streets
Description Quantity Unit
Discovery Park Ave. 1,823 ft
East Preserve Loop 1,440 ft
Hellman Ave 1,805 ft
Legacy Park St. 2,402 ft
Market St. 929 ft
HELLMAN AVEVAN VLIET AVE
MERRILL AVE
104'/66'70'/44'
ST047ST045
080 98'/64'98'/64'CUCAMON PARCOWALKERBAKERVINEYA
Assume 62' wide improvements:
62' x 1,805 LF = 111,910 SF
Assume 52' wide improvements:
52' x 1,823 LF = 94,796 SF
Assume 51' wide improvements:
51' x 1,440 LF = 73,440 SF
Assume 45' wide improvements:
45' x 2,402 LF = 108,090 SF
Assume 5' wide improvements:
5' x 929 LF = 4,645 SF
* Assume 52'
wide per foot for
improvements.
* Assume 51'
wide per foot for
improvements.
* Assume 45'
wide per foot for
improvements.
* Assume 5'
wide per foot for
improvements.
* Assume 62'
wide per foot for
improvements.
Tract Map No. 19994
237
MAYHEW AVEWEST PRESERVE LOOP
WEST PRESERVE LOOPWESTGATE ST
MILL CREEK AVE
HELLMAN AVECARPENTER AVE
FLIGHT AVEGROVE AVEHELLMAN AVEEUCLID AVE
STGARDEN
EAST PRESERVE LOOP
EUCLID AVE
BICKMORE AVE
VAN VLIET AVEFLIGHT AVEREMINGTON AVE
HELLMAN AVE
CHANNEL VIEW ST
EUCLID AVE
MARKET ST
KIMBALL AVE
RINCON MEADOWS AVE
ACADEMY STEAST PRESERVE LOOP
AVEPARKDISCOVERY
HELLMAN AVEPARK
CUCAMONGA AVESTREET "B"
BICKMORE AVEALPINE MEADOWS AVE
FOREST PARK STFOREST PARK STBRIDLEPATH
MAYHEW AVE
JOHNSON AVE
MEADOWHOUSE AVE
MERRILL AVE
BOTANY ST83'/40'
66'/40'66'/40'
66'/40'83'/54'
83'/54'83'/54'
83'/54'
94'/60'
94'/60'
94'/60'
83'/54'
83'/54'
83'/54'
94'/60'
94'/60'
75'/40'75'/40'78'/40'78'/40'75'/40'
MILL CREEK AVE (CHINO-CORONA ROAD N/S)
83'/40'
83'/40'
92'/48'
96'/40'
92'/44'
92'/44'
84'/46'
206'/168'
206'/168'
200'/90'
92'/62'
78'/58'
113'/74'
115'/74'
115'/74'
113'/73'
113'/74'
123'/73'107'/66'130'/66'104'/66'104'/66'104'/66'104'/66' 92'/62'
66'/40'
70'/44'123'/73'
104'/66'70'/44'
79'/46' 66'/40'
66'/40'98'/74'66'/40'
PINE AVENUE136'/90'136'/90'136'/90'136'/90'136'/90'136'/90'136'/90'136'/90' 74'/42'74'/42'
70'/44'206'/168'
PINE AVENUE
ST001ST002ST003ST004ST005ST006ST006ST007
ST079
ST027ST030
ST026
ST040
ST050
ST059
ST037
ST069
ST070
ST063
ST028
ST048ST049
ST046
ST047
ST025
ST009
INT016
ST072
ST073
ST074
ST044
ST045
ST016 ST018 ST020
INT034
INT008
INT019
INT028
INT015
INT038
INT054
INT003
ST008ST010
ST024
ST011ST012ST013ST014ST015
ST017 ST019 ST021
ST022
ST023
ST029ST031
ST032
ST03376'/46'
ST034ST035ST038ST039
ST041ST042
ST043
ST051 ST052
ST053ST054
ST056 ST057
ST058ST066
ST064ST067
ST083ST065
ST068ST071
ST075
ST076
ST077
INT048MAIN ST
INT036
INT029ST078
INT027MAIN STINT025INT023INT022
INT013INT014INT010INT009
INT002
INT006INT005
INT021
INT031PINE AVENUE
INT012
INT033
INT011KIMBALL AVE
INT001 INT004
INT02479'/46' INT02676'/46'
INT018
INT037
INT032
INT030 INT039INT040INT041INT042
INT044INT046INT047
INT050INT051INT052
INT049
INT007
ST036
INT017
INT035
INT056
ST061ST062
ST084
ST055
68'/42'
70'/47'
74'/44'
LEGACY PARK ST
ST080 ST081ST082
66'/40'
74'/44'
98'/64'98'/64'
130'/66'
CHINO-CORONA ROAD E/WINT053
INT045
INT043
INT020
INT058SULTANACAMPUSBON VIEWCUCAMONGAPARCOWALKERBAKERVINEYARD
CHANDLER ST
94'/46'
INT057
CFD Streets (Kimball - Rincon Meadows)
Description Quantity Unit
Kimball Ave 1,352 ft
Rincon Meadows Ave 1,323 ft
City of Chino
"The Preserve" - Street DIF
Updated 3/12/2024
CFD Streets (Rincon Meadows Ave.)
Description Quantity Unit
Rincon Meadows Ave. 1,323 ft
CFD Streets (Kimball Ave.)
Description Quantity Unit
Section #1 211 ft
Section #2 270 ft
Section #3 856 ft
Assume 56' wide improvements:
56' x 211 LF = 11,816 SF
Assume 52' wide improvements:
52' x 270 LF = 14,040 SF
Section
#2
Assume 80' wide improvements:
80' x 856 LF = 68,480 SF
Assume 13' wide improvements:
13' x 1,323 LF = 17,199 SF
* Assume 13'
wide per foot for
improvements.
* Assume 56'
wide per foot for
improvements.
* Assume 52'
wide per foot for
improvements.
* Assume 80'
wide per foot for
improvements.
#1
Section
#1
Section
#2
Section
#3
#2
#3
Tract Map No 17574
238
MAYHEW AVEWEST PRESERVE LOOP
WEST PRESERVE LOOPWESTGATE ST
MILL CREEK AVE
HELLMAN AVECARPENTER AVE
FLIGHT AVEGROVE AVEHELLMAN AVEEUCLID AVE
STGARDEN
EAST PRESERVE LOOP
EUCLID AVE
BICKMORE AVE
VAN VLIET AVEFLIGHT AVEREMINGTON AVE
HELLMAN AVE
CHANNEL VIEW ST
EUCLID AVE
MARKET ST
KIMBALL AVE
RINCON MEADOWS AVE
ACADEMY STEAST PRESERVE LOOP
AVEPARKDISCOVERY
HELLMAN AVEPARK
CUCAMONGA AVESTREET "B"
BICKMORE AVEALPINE MEADOWS AVE
FOREST PARK STFOREST PARK STBRIDLEPATH
MAYHEW AVE
JOHNSON AVE
MEADOWHOUSE AVE
MERRILL AVE
BOTANY ST83'/40'
66'/40'66'/40'
66'/40'83'/54'
83'/54'83'/54'
83'/54'
94'/60'
94'/60'
94'/60'
83'/54'
83'/54'
83'/54'
94'/60'
94'/60'
75'/40'75'/40'78'/40'78'/40'75'/40'
MILL CREEK AVE (CHINO-CORONA ROAD N/S)
83'/40'
83'/40'
92'/48'
96'/40'
92'/44'
92'/44'
84'/46'
206'/168'
206'/168'
200'/90'
92'/62'
78'/58'
113'/74'
115'/74'
115'/74'
113'/73'
113'/74'
123'/73'107'/66'130'/66'104'/66'104'/66'104'/66'104'/66' 92'/62'
66'/40'
70'/44'123'/73'
104'/66'70'/44'
79'/46' 66'/40'
66'/40'98'/74'66'/40'
PINE AVENUE136'/90'136'/90'136'/90'136'/90'136'/90'136'/90'136'/90'136'/90' 74'/42'74'/42'
70'/44'206'/168'
PINE AVENUE
ST001ST002ST003ST004ST005ST006ST006ST007
ST079
ST027ST030
ST026
ST040
ST050
ST059
ST037
ST069
ST070
ST063
ST028
ST048ST049
ST046
ST047
ST025
ST009
INT016
ST072
ST073
ST074
ST044
ST045
ST016 ST018 ST020
INT034
INT008
INT019
INT028
INT015
INT038
INT054
INT003
ST008ST010
ST024
ST011ST012ST013ST014ST015
ST017 ST019 ST021
ST022
ST023
ST029ST031
ST032
ST03376'/46'
ST034ST035ST038ST039
ST041ST042
ST043
ST051 ST052
ST053ST054
ST056 ST057
ST058ST066
ST064ST067
ST083ST065
ST068ST071
ST075
ST076
ST077
INT048MAIN ST
INT036
INT029ST078
INT027MAIN STINT025INT023INT022
INT013INT014INT010INT009
INT002
INT006INT005
INT021
INT031PINE AVENUE
INT012
INT033
INT011KIMBALL AVE
INT001 INT004
INT02479'/46' INT02676'/46'
INT018
INT037
INT032
INT030 INT039INT040INT041INT042
INT044INT046INT047
INT050INT051INT052
INT049
INT007
ST036
INT017
INT035
INT056
ST061ST062
ST084
ST055
68'/42'
70'/47'
74'/44'
LEGACY PARK ST
ST080 ST081ST082
66'/40'
74'/44'
98'/64'98'/64'
130'/66'
CHINO-CORONA ROAD E/WINT053
INT045
INT043
INT020
INT058SULTANACAMPUSBON VIEWCUCAMONGAPARCOWALKERBAKERVINEYARD
CHANDLER ST
94'/46'
INT057
City of Chino
"The Preserve" - Street DIF
Updated 3/12/2024
Assume 68' wide improvements:
68' x 150 LF = 79,440 SF
* Assume 68'
wide per foot
for regrade.
Section
#3
CFD Streets (TR 17571)
Description Quantity Unit
Bickmore Ave. 1,987 ft
Botany Ave 489 ft
Channel View Street 489 ft
Hollyhock Ave 375 ft
Meadowhouse Ave 1,714 ft
Olive Grove Ave 371 ft
Pine Ave 2,082 ft
Assume 9' wide improvements:
9' x 1,987 LF = 17,883 SF
* Assume 9' wide
per foot for
improvements.
* Assume 74'
wide per foot for
improvements.
Assume 74' wide improvements:
74' x 2,082 LF = 154,068 SF
Assume 82' wide improvements:
$224.80/LF x 1,714 LF = $385,307.20
Assume 36' wide improvements:
$120.14/LF x 489 LF = $58,748.46
Assume 36' wide improvements:
$120.14/LF x 489 LF = $58,748.46
Assume 36' wide improvements:
$120.14/LF x 375 LF = $45,052.50 SF
Assume 36' wide improvements:
$120.14/LF x 371 LF = $44,571.95
Meadowhouse Ave
AC Pavement = $2.77/SF x 50' = $138.50/LF
Sidewalk = $3.80/SF x 10' = $38.00/LF
C&G = $15.75/LF x 2 = $31.50/LF
Median Curb = $8.40/LF x 2 = $16.80/LF
Total (per LF of Road) = 224.80/LF
Botany Street
AC Pavement = $2.77/SF x 32' = $88.64/LF
C&G = $15.75/LF x 2' = $31.50/LF
Total (per LF of Road) = 120.14/LF
Channel View Street
AC Pavement = $2.77/SF x 32' = $88.64/LF
C&G = $15.75/LF x 2' = $31.50/LF
Total (per LF of Road) = 120.14/LF
Hollyhock Ave
AC Pavement = $2.77/SF x 32' = $88.64/LF
C&G = $15.75/LF x 2' = $31.50/LF
Total (per LF of Road) = 120.14/LF
Olive Grove Ave
AC Pavement = $2.77/SF x 32' = $88.64/LF
C&G = $15.75/LF x 2' = $31.50/LF
Total (per LF of Road) = 120.14/LF
* Note: Unit prices per CFD contract
* Note: Unit prices per CFD contract
* Note: Unit prices per CFD contract
* Note: Unit prices per CFD contract
* Note: Unit prices per CFD contract
T
ract Map No. 17571
239
MAYHEW AVEWEST PRESERVE LOOP
WEST PRESERVE LOOPWESTGATE ST
MILL CREEK AVE
HELLMAN AVECARPENTER AVE
FLIGHT AVEGROVE AVEHELLMAN AVEEUCLID AVE
STGARDEN
EAST PRESERVE LOOP
EUCLID AVE
BICKMORE AVE
VAN VLIET AVEFLIGHT AVEREMINGTON AVE
HELLMAN AVE
CHANNEL VIEW ST
EUCLID AVE
MARKET ST
KIMBALL AVE
RINCON MEADOWS AVE
ACADEMY STEAST PRESERVE LOOP
AVEPARKDISCOVERY
HELLMAN AVEPARK
CUCAMONGA AVESTREET "B"
BICKMORE AVEALPINE MEADOWS AVE
FOREST PARK STFOREST PARK STBRIDLEPATH
MAYHEW AVE
JOHNSON AVE
MEADOWHOUSE AVE
MERRILL AVE
BOTANY ST83'/40'
66'/40'66'/40'
66'/40'83'/54'
83'/54'83'/54'
83'/54'
94'/60'
94'/60'
94'/60'
83'/54'
83'/54'
83'/54'
94'/60'
94'/60'
75'/40'75'/40'78'/40'78'/40'75'/40'
MILL CREEK AVE (CHINO-CORONA ROAD N/S)
83'/40'
83'/40'
92'/48'
96'/40'
92'/44'
92'/44'
84'/46'
206'/168'
206'/168'
200'/90'
92'/62'
78'/58'
113'/74'
115'/74'
115'/74'
113'/73'
113'/74'
123'/73'107'/66'130'/66'104'/66'104'/66'104'/66'104'/66' 92'/62'
66'/40'
70'/44'123'/73'
104'/66'70'/44'
79'/46' 66'/40'
66'/40'98'/74'66'/40'
PINE AVENUE136'/90'136'/90'136'/90'136'/90'136'/90'136'/90'136'/90'136'/90' 74'/42'74'/42'
70'/44'206'/168'
PINE AVENUE
ST001ST002ST003ST004ST005ST006ST006ST007
ST079
ST027ST030
ST026
ST040
ST050
ST059
ST037
ST069
ST070
ST063
ST028
ST048ST049
ST046
ST047
ST025
ST009
INT016
ST072
ST073
ST074
ST044
ST045
ST016 ST018 ST020
INT034
INT008
INT019
INT028
INT015
INT038
INT054
INT003
ST008ST010
ST024
ST011ST012ST013ST014ST015
ST017 ST019 ST021
ST022
ST023
ST029ST031
ST032
ST03376'/46'
ST034ST035ST038ST039
ST041ST042
ST043
ST051 ST052
ST053ST054
ST056 ST057
ST058ST066
ST064ST067
ST083ST065
ST068ST071
ST075
ST076
ST077
INT048MAIN ST
INT036
INT029ST078
INT027MAIN STINT025INT023INT022
INT013INT014INT010INT009
INT002
INT006INT005
INT021
INT031PINE AVENUE
INT012
INT033
INT011KIMBALL AVE
INT001 INT004
INT02479'/46' INT02676'/46'
INT018
INT037
INT032
INT030 INT039INT040INT041INT042
INT044INT046INT047
INT050INT051INT052
INT049
INT007
ST036
INT017
INT035
INT056
ST061ST062
ST084
ST055
68'/42'
70'/47'
74'/44'
LEGACY PARK ST
ST080 ST081ST082
66'/40'
74'/44'
98'/64'98'/64'
130'/66'
CHINO-CORONA ROAD E/WINT053
INT045
INT043
INT020
INT058SULTANACAMPUSBON VIEWCUCAMONGAPARCOWALKERBAKERVINEYARD
CHANDLER ST
94'/46'
INT057
Assume 75' wide improvements:
75' x 2,647 LF = 198,525 SF
13 ft
City of Chino
"The Preserve" - Street DIF
Main St to south property boundary (portion of TR 169)
Main St to Bickmore (portion of TR 170)
Kimball to East Preserve Loop (TR 107)
Updated 3/12/2024
CFD Streets (Kimball Ave.)
Description Quantity Unit
Kimball #1 1,995 ft
Kimball #2 680 ft
Kimball #3 2,647 ft
CFD Streets (Bickmore Ave.)
Description Quantity Unit
Bickmore #1 1,992 ft
Bickmore #2 1,306 ft
Bickmore #3 1,301 ft
Section
#1
Assume 75' wide improvements:
75' x 1,313 LF = 149,625 SF
Assume 30' wide improvements:
30' x 680 LF = 20,400 SF
Assume 66' wide improvements:
66' x 874 LF = 57,684 SF
Section
#1
Assume 64' wide improvements:
64' x 660 LF = 42,240 SF
Section
#1
Assume 90' wide improvements:
90' x 484 LF = 43,560 SF
Section
#2
Assume 66' wide improvements:
66' x 1,199 LF = 79,134 SF
Section
#3
Assume 74' wide improvements:
98' x 440 LF = 43,120 SF
Assume 83' wide improvements:
83' x 2,385 LF = 197,955 SF
Assume 15' wide improvements:
15' x 1,801 LF = 27,015 SF
CFD Streets (Main St.)
Description Quantity Unit
Main #1 484 ft
Main #2 1,199 ft
Main #3 440 ft
23 ft
CFD Streets & Signals Ph. 1
Description Quantity Unit
E. Preserve Loop 2,386 ft
Flight Ave. 874 ft
Mill Creek Ave. 2,641 ft
Pine Ave. 1,801 ft
Assume 83' wide improvements:
83' x 2,386 LF = 198,038 SF
Assume 53' wide improvements:
53' x 2,641 LF = 139,973 SF
CFD Streets (W. Preserve Loop)
Description Quantity Unit
WPL #1 660 ft
WPL #2 2,385 ft
#1
#2
#3
Section #1
Assume 31' wide improvements:
31' x 1,992 LF = 61,752 SF
* Assume 31'
wide per foot for
improvements.
Section #2
* Assume 46'
wide per foot for
improvements.
Assume 46' wide improvements:
46' x 1,306 LF = 60,076 SF
Section #3
Assume 46' wide improvements:
46' x 1,301 LF = 59,846 SF
#1
#2
* Assume 46'
wide per foot for
improvements.
* Assume 64'
wide per foot for
improvements.
* Assume 83'
wide per foot for
improvements.
Section
#2
* Assume 75'
wide per foot for
improvements.
Section
#2
Section
#3
* Assume 30'
wide per foot for
improvements.
* Assume 75'
wide per foot for
improvements.
#1
#2
#3
#3
#2
#1
* Assume 90'
wide per foot for
improvements.
* Assume 66'
wide per foot for
improvements.
* Assume 66'
wide per foot for
improvements.
* Assume 83'
wide per foot for
improvements.
* Assume 66'
wide per foot for
improvements.
* Assume 53'
wide per foot for
improvements.
* Assume 15'
wide per foot for
improvements.
Bickmore Ave Exclusion
Description Quantity Unit
Bickmore Exclusion 2,200 ft
Assume 30' wide road:
30'x2,200L = 66,000 SF
$0.84/SF x 66,000 SF = $55,440
Tract Map No. 16419
240
MAYHEW AVEWEST PRESERVE LOOP
WEST PRESERVE LOOPWESTGATE ST
MILL CREEK AVE
HELLMAN AVECARPENTER AVE
FLIGHT AVEGROVE AVEHELLMAN AVEEUCLID AVE
STGARDEN
EAST PRESERVE LOOP
EUCLID AVE
BICKMORE AVE
VAN VLIET AVEFLIGHT AVEREMINGTON AVE
HELLMAN AVE
CHANNEL VIEW ST
EUCLID AVE
MARKET ST
KIMBALL AVE
RINCON MEADOWS AVE
ACADEMY STEAST PRESERVE LOOP
AVEPARKDISCOVERY
HELLMAN AVEPARK
CUCAMONGA AVESTREET "B"
BICKMORE AVEALPINE MEADOWS AVE
FOREST PARK STFOREST PARK STBRIDLEPATH
MAYHEW AVE
JOHNSON AVE
MEADOWHOUSE AVE
MERRILL AVE
BOTANY ST83'/40'
66'/40'66'/40'
66'/40'83'/54'
83'/54'83'/54'
83'/54'
94'/60'
94'/60'
94'/60'
83'/54'
83'/54'
83'/54'
94'/60'
94'/60'
75'/40'75'/40'78'/40'78'/40'75'/40'
MILL CREEK AVE (CHINO-CORONA ROAD N/S)
83'/40'
83'/40'
92'/48'
96'/40'
92'/44'
92'/44'
84'/46'
206'/168'
206'/168'
200'/90'
92'/62'
78'/58'
113'/74'
115'/74'
115'/74'
113'/73'
113'/74'
123'/73'107'/66'130'/66'104'/66'104'/66'104'/66'104'/66' 92'/62'
66'/40'
70'/44'123'/73'
104'/66'70'/44'
79'/46' 66'/40'
66'/40'98'/74'66'/40'
PINE AVENUE136'/90'136'/90'136'/90'136'/90'136'/90'136'/90'136'/90'136'/90' 74'/42'74'/42'
70'/44'206'/168'
PINE AVENUE
ST001ST002ST003ST004ST005ST006ST006ST007
ST079
ST027ST030
ST026
ST040
ST050
ST059
ST037
ST069
ST070
ST063
ST028
ST048ST049
ST046
ST047
ST025
ST009
INT016
ST072
ST073
ST074
ST044
ST045
ST016 ST018 ST020
INT034
INT008
INT019
INT028
INT015
INT038
INT054
INT003
ST008ST010
ST024
ST011ST012ST013ST014ST015
ST017 ST019 ST021
ST022
ST023
ST029ST031
ST032
ST03376'/46'
ST034ST035ST038ST039
ST041ST042
ST043
ST051 ST052
ST053ST054
ST056 ST057
ST058ST066
ST064ST067
ST083ST065
ST068ST071
ST075
ST076
ST077
INT048MAIN ST
INT036
INT029ST078
INT027MAIN STINT025INT023INT022
INT013INT014INT010INT009
INT002
INT006INT005
INT021
INT031PINE AVENUE
INT012
INT033
INT011KIMBALL AVE
INT001 INT004
INT02479'/46' INT02676'/46'
INT018
INT037
INT032
INT030 INT039INT040INT041INT042
INT044INT046INT047
INT050INT051INT052
INT049
INT007
ST036
INT017
INT035
INT056
ST061ST062
ST084
ST055
68'/42'
70'/47'
74'/44'
LEGACY PARK ST
ST080 ST081ST082
66'/40'
74'/44'
98'/64'98'/64'
130'/66'
CHINO-CORONA ROAD E/WINT053
INT045
INT043
INT020
INT058SULTANACAMPUSBON VIEWCUCAMONGAPARCOWALKERBAKERVINEYARD
CHANDLER ST
94'/46'
INT057
City of Chino
"The Preserve" - Street DIF
)
Updated 3/12/2024
CFD Streets & Signals Ph. 2
Description Quantity Unit
Alpine Meadows Ave 1,294 ft
Bicmore #3 1,744 ft
Forest Park St. 865 ft
Hellman Ave. 745 ft
Kimball Ave 2,371 ft
Meadow Valley Ave. 724 ft
Mill Creek Ave 1,356 ft
Rincon Meadows Ave 1,456 ft
Assume 26' wide improvements:
26' x 258 LF = 6,708 SF
Assume 46' wide improvements:
$157.30/LF x 1,294 LF = $203,546.20
Assume 46' wide improvements:
$157.30/LF x 865 LF = $136,064.50
Assume 46' wide improvements:
$157.30/LF x 724 LF = $113,885.20
Assume 39' wide improvements:
39' x 745 LF = 29,055 SF
Section #2
CFD Streets (Pine Ave.)
Description Quantity Unit
Pine #1 2,053 ft
Pine #2 1,806 ft
* Assume 69'
wide per foot
for regrade.
Assume 50' wide improvements:
50' x 1,744 LF = 87,200 SF
Assume 65' wide improvements:
65' x 1,806 LF = 117,390 SF
Assume 53' wide improvements:
53' x 1,456 LF = 77,168 SF
Assume 53' wide improvements:
53' x 2,371 LF = 125,663 SF
Assume 13' wide improvements:
5' x 1,356 LF = 6,780 SF
* Assume 13'
wide per foot for
improvements.
Section
#1
Assume 13' wide improvements:
13' x 2,053 LF = 26,689 SF
Section
#2
* Assume 65'
wide per foot for
improvements.
* Assume 50'
wide per foot for
improvements.
#1
#2
* Assume 46'
wide per foot for
improvements.
* Assume 46'
wide per foot for
improvements.
* Assume 39'
wide per foot for
improvements.
* Assume 53'
wide per foot for
improvements.
* Assume 5'
wide per foot for
improvements.
* Assume 46'
wide per foot for
improvements.
* Assume 53'
wide per foot for
improvements.
Alpine Meadows Ave
AC Pavement = $2.75/SF x 32' = $88.00/LF
Sidewalk = $3.30/SF x 10 = $33.30/LF
C&G = $18/LF x 2 = $36.00/LF
Total (per LF of Road) = 157.30/LF
Forest Park Street
AC Pavement = $2.75/SF x 32' = $88.00/LF
Sidewalk = $3.30/SF x 10 = $33.30/LF
C&G = $18/LF x 2 = $36.00/LF
Total (per LF of Road) = 157.30/LF
Meadow Valley Ave
AC Pavement = $2.75/SF x 32' = $88.00/LF
Sidewalk = $3.30/SF x 10 = $33.30/LF
C&G = $18/LF x 2 = $36.00/LF
Total (per LF of Road) = 157.30/LF
* Note: Unit prices per CFD contract
Tracts 16419, 17057 & 17571
241
1 2-24-22
Contract No.: ____________________
Approval Date: ___________________
CONSTRUCTION CREDIT AND REIMBURSEMENT AGREEMENT
THE PRESERVE
CIRCULATION (STREETS, SIGNALS and BRIDGES) DEVELOPMENT IMPACT FEE
PROGRAM
(Circulation Projects 2004-2019)
This CONSTRUCTION CREDIT AND REIMBURSEMENT AGREEMENT
(“Agreement”) is entered into this 19th day of November 2024 (“Effective Date”), by and between CITY OF CHINO , a California municipal corporation (“ City”), and [CHINO DEVELOPMENT CORPORATION, a California corporation and CHINO PRESERVE DEVELOPMENT CORPORATION, a California corporation ] (“Developer”). City and Developer are sometimes hereinafter referred to individually as “Party” and jointly as “Parties”.
RECITALS
A. Pursuant to that certain Preserve Development Agreement No. 2004-073, effective July 1, 2004, as amended, among City, Developer and Developer’s affiliate Chino Holding Company and the conditions for Tracts 16419, 16419 -1, 16420, 16420 -1, 16797,17057, 17571, 17572, 17574, 18480 and 19994 (“Developer’s Properties”), but excluding work done on Pine Avenue known as Stages 1 -3 that are covered in City Reimbursement Contract No. 2022 -029 (“Developer’s Properties”), Developer wa s required to design and construct various Circulation Facilities as a condition to the development of The Preserve community.
B. Developer has completed all work required in connection with the design and construction of that certain work described in the Summary of Improvements attached hereto as Exhibit A (the “Project”) according to the specifications of the City and under the inspection of, and to the satisfaction of the City Engineer of the City.
C. The Circulation Facilities are master-planned facilities and are included in the City’s Preserve Circulation (Streets, Signal and Bridges Development Impact Fee (“DIF”) program. The Project is eligible for reimbursement to Developer by the City and credit against development impact fees (“DIFs”) pursuant to the Chino Municipal Code, Chapters 3.45 entitled “Preserve Development Impact Fees” (the “DIF Ordinance”) and, specifically, Section 3.45.130 thereof.
D. The DIF Ordinance provides that if, as a condition of approval of a development project, a developer constructs a public facility identified in the Nexus Reports, for which a DIF is imposed, Developer shall be eligible to receive reimbursement and a fee credit toward the DIFs imposed on the Project for the same type of public facility so constructed, and shall be entitled to credit for eligible costs of constructing the public facilities.
E. City and Developer desire to enter into this Agreement (i) to memorialize the ir agreement as to the Total DIF Cost (defined in Section 2.1 below) to which Developer is entitled for its design an d construction of the Project, (ii) to provide the methodology for the City’s 242
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reimbursement to Developer and crediting to The Preserve Circulation DIFs (defined in Section 2.2 below) of the Total DIF Costs and (iii) to establish the requirements for Developer’s transfer or application of all or any portion of available Credits (defined in Section 2.3 below) to a third party.
F. Developer and City also desire to memorialize herein Developer’s right to the highest priority reimbursement of funds from The Preserve Circulation DIF fund.
NOW, THEREFORE, for the purposes set forth herein, Developer and City hereby agree as follows:
AGREEMENT:
1. Incorporation of Recitals . The Parties hereby affirm the facts set forth in the Recitals above and agree to the incorporation of the Recitals as though fully set forth herein.
2. Preserve DIF Credit and Reimbursement.
2.1 Total DIF Cost. The City Engineer has determined that the total costs of the Project that are eligible for credit and reimbursement pursuant to the DIF Ordinance is Thirty- Five Million One Hundred Thirty-One Thousand Five Hundred Twenty-Eight and 37/100 Dollars ($35,131,528.37) (“Total DIF Cost”).
2.2 Past Project Credits and Reimbursements . City has previously issued credits to Developer in the amount of Twenty Eight Million Two Hundred Eight Thousand Five Hundred Fifty-Three and 49/100 Dollars ($28,208,553.49 ) against The Preserve Circulation DIFs (“Circulation DIFs”) otherwise due and payable in connection with development within Developer’s Properties pursuant to the DIF Ordinance (“ Past Project Credit s and Reimbursements”), as more particularly set forth in Exhibit B titled “Circulation DIF Credits and Reimbursement Reconciliation” attached hereto and made part of hereof.
2. 3 An amount equal to the Total DIF Cost less the Past Project Credits and Reimbursements (the “Remaining Circulation DIF Credit and Reimbursement Amount”), namely Six Million Nine Hundred Twenty-Two Thousand Nine Hundred Seventy-Four and 88/100 Dollars ($6,922,974.88), remains to be reimbursed to Developer or credited to Developer for future Circulation DIFs otherwise due and payable by Developer anywhere within the Developer’s Properties (“Credits”). Because, as of the Effective Date, Developer has already incurred the Total DIF Cost, Circulation DIFs applicable to homes within Developer’s Property for which building permits are issued after the Effective Date shall be in the amount of the Circulation DIF in effect as of the Effective Date and, in the event that the City increases the City’s Circulation DIFs, such increase shall not be applicable to Developer’s Property after the Effective Date.
3. Reimbursement. The public facilities which comprise the Project and are the subject of this Agreement were constructed and opened for use by the City prior to the date of th e opening for use by the City of any other Circulation facilities which may be eligible for reimbursement. Accordingly, pursuant to the first-in/first-out provision of the DIF Ordinance ( i.e., Section 3.45.130.A7), reimbursement to Developer for the Project shall have priority and be first in line over all other Circulation facilities. As such, as of the Effective Date and thereafter, as set forth in the following Section 4, City shall reimburse Developer the Total DIF Costs, less (i) the amount of the Past Project Credits, and (ii) the amount of Credits applied after the Effective Date (“Remaining Amount”), to the full extent of available Circulation DIFs then held by City until the 243
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Total DIF Costs are reimbursed in full via DIF credits and reimbursements.
4. Annual Reconciliation . On the first business day following each July 1st, commencing on July 1, 2025, City and Developer representatives shall meet for the purpose of ascertaining Credits to the Circulation DIFs issued by City to the Developer after the Effective Date for Developer’s Properties, the amount of any reimbursements made to Developer, the am ount of the Remaining Amount, and the Circulation DIFs then held by the City. City and Developer shall prepare a document that reconciles the foregoing, whic h document shall be approved by the City Council. When approved by the City Council said reconciliation document shall constitute a revision to and update of the Circulation DIF Credit and Reimbursement Reconciliation and the Circulation DIF Credit and Reimbursement Amount and it shall be binding on the Parties. The Circulation DIFs held by City which are subject to reimbursement to Developer shall then be paid by City to Developer within thirty (30) days after the date that such Circulation DIF Credit and Reimbursement Reconciliation is approved by the City Council.
5. DIF Addendum . Developer shall have the right to assign all or portions of Developer’s rights to Credits hereunder in accordance with the requirements specified in the DIF Credit Addendum attached hereto as Exhibit C, which assignment will require City’s written acknowledgement. Developer understands that strict compliance with the assignment restrictions is critical to allow City to track the total amount of Credits previously applied and remaining and Developer’s failure to comply with the assignment requirements in the DIF Credit Addendum may result in delays in the processing of Credit assignments by the City.
6. Assignment. Developer may assign this Agreement to a third party subject to the approval of City’s Director of Public Works , which shall not be unreasonably withheld . If Developer desires to assign this Agreement, Developer shall provide detailed information as to the proposed assignee as requested by City.
7. Miscellaneous.
7.1 Relationship between the Parties . The Parties hereby mutually agree that this Agreement shall not operate to create the relationship of partnership, joint venture, or agency between City and Developer. Developer’s contractors are exclusively and solely under the control and dominion of Developer. Nothing herein shall be deemed to make Developer or its contractors an agent or contractor of City.
7.2 Authority to Enter Agreement. Each person executing this Agreement on behalf of Developer represents and warrants that he or she has the legal power, right and authority to execute this Agreement on behalf of Developer and that this Agreement is binding upon Developer.
7.3 Notices. Any notice, demand, request, consent, approval, or communication either Party desires or is required to give to the other Party or any person shall be in writing and either served personally, communicated electronic mail (with a receipt requested), or sent by prepaid, first- class mail to the address set forth below. Notice shall be deemed communicated immediately upon personal delivery, fax or email receipt, or forty-eight (48) hours from the time of mailing if mailed as provided in this Section:
244
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To City: City of Chino
13220 Central Avenue
Chino, CA 91710
Attn: Hye Jin Lee
Director of Public Works Development
Email: [email protected]
With Copy to: Aleshire & Wynder, LLP
1 Park Plaza, Suite 1000
Irvine, CA 92614
Attn: Fred Galante, Esq.
Email: [email protected]
To Developer: Chino Development Corporation 1156
North Mountain Avenue
Upland, CA 91786
Attn: Mr. Bryan T. Goodman
With a copy to: Lewis Management Corp. 1156
North Mountain Avenue
Upland, CA 91786
Attn: Jay Dupre, Esq
Email: [email protected]
7.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement.
7.5 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and executed by both Parties.
7.6 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual right by custom, estoppel, or otherwise.
7.7 Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns. This section shall not be construed as an authorization for any Party to assign any right or obligation.
7.8 No Third-Party Beneficiaries. There are no intended third -party beneficiaries of any right or obligation assumed by the Parties.
7.9 Invalidity; Severability . If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
7.10 Governing Law; Consent to Jurisdiction and Venue . This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action 245
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or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties’ activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of San Bernardino, California.
7.11 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original and which collectively shall constitute one instrument.
7.12 City Officers and Employees. No officer or employee of City shall be personally liable to Developer or any successors in interest in the event of any default or breach by City or for any amount that may become due to Developer or any successor(s) in interest or for breach of any obligation of the terms of this Agreement. No officer or employee of Developer shall be personally liable to City or any successor(s) in interest in the event of any default or breach by Developer or for any amount that may become due to City or their successors in interest or for breach of any obligation of the terms of this Agreement.
7.13 Entire Agreement. This Agreement contains the entire agreement between City and Developer and supersedes any prior oral or written statements or agreements between City and Developer.
7.14 Exhibits. The following exhibits are attached hereto and incorporated herein by reference:
Exhibit A
Exhibit B
Exhibit C
Summary of Improvements Included in the Project
Circulation DIF Credit and Reimbursement Reconciliation DIF Credit Addendum
[SIGNATURES ON FOLLOWING PAGE]
246
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written.
“DEVELOPER”
CHINO DEVELOPMENT
CORPORATION,
a California corporation
By:
Name: Bryan T. Goodman
Its: Authorized Agent
CHINO PRESERVE
DEVELOPMENT CORPORATION,
a California corporation
By:
Name: Bryan T. Goodman
Its: Authorized Agent
“CITY”
CITY OF CHINO,
a municipal corporation
By:
Linda Reich Date
City Manager
ATTEST:
By: ____________________________
Natalie Gonzaga Date
City Clerk
APPROVED AS TO CONTENT:
By: _____________________________
Hye Jin Lee Date
Director of Public Works
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
By: _____________________________
Fred Galante Date
City Attorney
DEVELOPER: ONE PERSON AUTHORIZED BY THE APPLICABLE ENTITY FORMATION DOCUMENTS SHALL EXECUTE THIS AGREEMENT. COPIES OF
APPLICABLE DOCUMENTS EVIDENCING SUCH AUTHORITY SHALL BE PROVIDED TO CITY. DEVELOPER SIGNATURE SHALL BE DULY NOTARIZED, AND
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE APPLICABLE FORMATION DOCUMENTS FOR THE ENTITY.
247
248
249
EXHIBIT A
SUMMARY OF IMPROVEMENTS INCLUDED IN BUDGET
[attached]
A-1
250
8 Description 6/30/2019
Additions /
(Subtractions)
Revised
05/08/2023
Additions /
(Subtractions)
Revised
05/23/2023
Additions /
(Subtractions)
3-21-2024
(Subtractions)
Revised
3/21/2024
Pre-Approved CFD Costs
CFD 2003-3 Base Draw # 12 - Tract 16419-1 Phase 1 Streets 3,678,059.53 - 3,678,059.53 - 3,678,059.53 - 3,678,059.53 CFD 2003-3 Supplement Draw # 12 - Tract 16419-1 Phase 1 Streets 2,405,102.98 - 2,405,102.98 - 2,405,102.98 - 2,405,102.98 CFD 2003-3 Base Draw # 13 - Phase 1 Streetscapes 16419-1 2,141,610.71 - 2,141,610.71 - 2,141,610.71 - 2,141,610.71 CFD 2003-3 Supplement Draw # 13 - Phase 1 Streetscapes 16419-1 371,980.68 - 371,980.68 - 371,980.68 - 371,980.68 CFD 2003-3 Base Draw # 15 - Tract 16419 Phase 2 Streets 2,173,685.61 - 2,173,685.61 - 2,173,685.61 - (453,495.50) 1,720,190.11 CFD 2003-3 Base Draw # 17 - Kimball Basins Streetscapes 776,978.38 - 776,978.38 - 776,978.38 - 776,978.38 CFD 2003-3 Supplement Draw # 17 - Kimball Basins Streetscapes 212,226.19 - 212,226.19 - 212,226.19 - 212,226.19 CFD 2003-3 Base Draw # 19 - Hellman Street Improvements 736,859.39 - 736,859.39 - 736,859.39 - 736,859.39 CFD 2003-3 Base Draw # 20 - Phase 2 Streetscapes 16419 649,812.34 - 649,812.34 - 649,812.34 - (649,812.34) - CFD 2003-3 Base Draw # 24 - Tract 17571 Streets 1,117,723.38 - 1,117,723.38 - 1,117,723.38 - (592,428.77) 525,294.61 CFD 2003-3 Base Draw # 26 - Homecoming Phase 1 Streets 2,449,220.07 - 2,449,220.07 - 2,449,220.07 - 2,449,220.07 CFD 2003-3 Base Draw # 30 - Tract 17571 Streetlights 324,465.38 - 324,465.38 - 324,465.38 - (324,465.38) - CFD 2003-3 Base Draw # 31 - Tract 17571 Streetscapes 226,965.35 - 226,965.35 - 226,965.35 - (226,965.35) - CFD 2003-3 Base Draw # 32 - Homecoming Phase 2 Streets 817,107.36 - 817,107.36 - 817,107.36 - 817,107.36 Share of CFD-2003-3 Draw # 14 - Tract 16797 Street, Sewer, Water 518,498.48 - 518,498.48 - 518,498.48 - 518,498.48 1 Pre-Approved CFD Costs Subtotal 18,600,295.83 - 18,600,295.83 - 18,600,295.83 - (2,247,167.34) 16,353,128.49 A DIF Eligible Costs Not Submitted on CFD Draws as of 6/30/2019 CFD Streets Ph 1 2,465,121.09 - 2,465,121.09 (41,400.00) 2,423,721.09 (55,440.00) - 2,368,281.09 7 CFD Streets Ph 2 3,445,766.13 - 3,445,766.13 (3,332.18) 3,442,433.95 - 3,442,433.95 Harvest CFD Streets 4,997,673.04 - 4,997,673.04 (194,562.75) 4,803,110.29 (638,570.51) (231,948.90) 3,932,590.88 6 Homecoming Tr 16420-1 & 16420-2 1,514,426.40 - 1,514,426.40 (226,391.30) 1,288,035.10 - - 1,288,035.10 Pine Avenue 5,289,637.35 (4,255,639.34) 1,033,998.01 - 1,033,998.01 - - 1,033,998.01 2 3 South of Pine Ave Ph 3 & 4 4,049,780.24 - 4,049,780.24 - 4,049,780.24 - - 4,049,780.24 Stark Tr 17574 1,711,498.74 - 1,711,498.74 (58,931.75) 1,652,566.99 - - 1,652,566.99 Streets Related to Lift Station 21,056.57 (21,056.57) - - - - - - 4 Tr 162 Gateway Monuments - - - 1,010,713.62 1,010,713.62 - - 1,010,713.62 5 Additional Costs Subtotal 23,494,959.56 (4,276,695.91) 19,218,263.65 486,095.64 19,704,359.29 (694,010.51) (231,948.90) 18,778,399.88 B Total Lewis Cost of Improvements 42,095,255.39 (4,276,695.91) 37,818,559.48 486,095.64 38,304,655.12 (694,010.51) (2,479,116.24) 35,131,528.37 C = A+B 1 - See attached allocation worksheet for allocation method of street cost 2 - See attached cost detail worksheet and checks/invoices for support 3 - Revised 05/08/2023 to remove Pine Ave Ph 1-3 improvements covered by a separate agreement 2022-029 dated 6/15/2021 4 - Revised 05/08/2023 to remove road work related to Lift Station improvements - not DIF eligible 5 - Revised 06/28/2023 to reclassify $456k of monuments cost & add $422k of add'l monuments cost plus 15% for soft cost 6 - Revised 11/21/2023 to further remove Pine Ave Ph 1-3 improvements covered by a separate agreement 2022-029 dated 6/15/2021 7 - Revised 11/21/2023 to remove temp Bickmore Ave improvements from Euclid Ave to Tr 17571 8 - Revised 3/21/24 to remove non-DIF streets costs and revise allocation of costs Chino Preserve
City of Chino - DIF
As of 6/30/2019 (Revised 10/4/2024)
Category: Streets
A-2 251
Summary Breakout of Streets Costs by Street
PRL 3/21/24
Allocation Exhibit Names CFD Streets CFD Streets CFD Streets Homecoming Ph 1 & 2 South of Pine Stark Tr 17574 & CFD Streets Street CFD Street Ph 1 CFD Street Ph 2 CFD Streets Harvest Includes Pine Ave Hellman Avenue Ave Ph 3 & 4 Kimball Ave/Rincon Tr 17571 Totals Street Bickmore Avenue 1,376,363.12$ 772,507.57$ 2,048,908.30$ -$ -$ -$ -$ 54,630.95$ 4,252,409.94$ Bickmore Avenue East Preserve Loop Road 1,500,336.87$ -$ -$ 661,481.62$ -$ 757,012.58$ -$ -$ 2,918,831.07$ East Preserve Loop Road Flight Avenue 437,014.27$ -$ -$ -$ -$ -$ -$ -$ 437,014.27$ Flight Avenue Kimball Avenue 2,792,136.66$ 1,113,252.50$ -$ -$ -$ -$ 2,422,497.09$ -$ 6,327,886.25$ Kimball Avenue Main Street 1,256,207.69$ -$ -$ -$ -$ -$ -$ -$ 1,256,207.69$ Main Street Mill Creek Avenue 1,060,436.14$ 60,064.24$ -$ -$ -$ -$ -$ -$ 1,120,500.38$ Mill Creek Avenue Pine Avenue 204,665.77$ 1,276,400.43$ 1,057,232.18$ 2,537,265.10$ -$ -$ -$ 470,663.86$ 5,546,227.34$ Pine Avenue West Preserve Loop 1,819,718.51$ -$ -$ -$ -$ -$ -$ -$ 1,819,718.51$ West Preserve Loop Alpine Meadows Avenue -$ -$ -$ -$ -$ -$ -$ -$ -$ Alpine Meadows Avenue Forest Park Street -$ -$ -$ -$ -$ -$ -$ -$ -$ Forest Park Street Hellman Avenue -$ 257,399.17$ 826,450.41$ 580,679.69$ 736,859.39$ 1,153,557.71$ -$ -$ 3,554,946.37$ Hellman Avenue Meadow Valley Avenue -$ -$ -$ -$ -$ -$ -$ -$ -$ Meadow Valley Avenue Rincon Meadows Avenue -$ 683,633.76$ -$ -$ -$ -$ 441,660.95$ -$ 1,125,294.71$ Rincon Meadows Avenue Market Street -$ -$ -$ 698,514.14$ -$ 47,880.22$ -$ -$ 746,394.36$ Market Street Discovery Park Avenue 977,148.21$ -$ -$ 977,148.21$ Discovery Park Avenue Legacy Park Street -$ -$ -$ -$ -$ 1,114,181.51$ -$ -$ 1,114,181.51$ Legacy Park Street Meadowhouse Avenue -$ -$ -$ -$ -$ -$ -$ -$ -$ Meadowhouse Avenue Botany Avenue -$ -$ -$ -$ -$ -$ -$ -$ -$ Botany Avenue
Channel View Street -$ -$ -$ -$ -$ -$ -$ -$ -$ Channel View Street Hollyhock Avenue -$ -$ -$ -$ -$ -$ -$ -$ -$ Hollyhock Avenue Olive Grove Avenue -$ -$ -$ -$ -$ -$ -$ -$ -$ Olive Grove Avenue 10,446,879.03$ 4,163,257.67$ 3,932,590.89$ 4,477,940.55$ 736,859.39$ 4,049,780.23$ 2,864,158.04$ 525,294.81$ 31,196,760.61$ Excludes Traffic Signals 518,196.00$ 999,366.00$ -$ 1,110,420.00$ -$ -$ 296,112.00$ -$ 2,924,094.00$ Excludes TR 162 Gateway Monuments 41,400.00$ 3,332.18$ 194,562.75$ 226,391.30$ -$ -$ 58,931.75$ -$ 524,617.98$ Submitted in separate package 6/28/23 Excludes TR 162 Gateway Monuments -$ -$ -$ -$ -$ -$ -$ -$ 486,095.63$ Submitted in separate package 6/28/23 3,934,807.61$
Total Breakdown Streets
plus Traffic Signals & Monuments 35,131,568.22$
A-3
252
EXHIBIT B
CIRCULATION DIF CREDIT AND REIMBURSEMENT RECONCILIATION
[attached]
B-1 253
Project Builder Tract No. Density Total Units Building
Permits Credits Issued
Secret Garden John Laing 16519 LDR 84 84 468,399.00$
Garden Glen I Lennar 16520 LDR 51 51 447,216.00$
Ten Bloom Rd K. Hov. 16521 LDR 69 69 375,659.00$
Canterburry Grove I Centex 16522 LDR 48 48 389,376.00$
Iris Shea 16523 LDR 61 61 494,832.00$
Citrus Commons Centex 17514 HDR 118 118 842,125.00$
Agave Centex 17515 MDR 104 104 602,724.00$
Evergreen KB 17357 MDR 58 58 413,051.00$
Mulberry - Casita Brookfield 17390 MDR 63 63 417,512.00$ Mulberry - Cottage Brookfield 17390 MDR 63 63 417,512.00$ Tetherwind Shea 17616 MDR 162 162 945,756.00$
Enchanted Forest Shea 17150 LDR 55 55 505,890.00$
Hidden Hollow Standard Pacific 17148 LDR 81 81 586,040.00$ Candlewood Pardee 17266 LDR 64 64 547,101.00$
Shady Lane Standard Pacific 17149 LDR 60 60 421,440.00$ Canterburry Grove II Centex 17610 LDR 48 48 399,651.00$ Garden Glen II Lennar 17613 LDR 51 51 469,098.00$
Affordable Apartments Western National 17571 HDR 250 250 1,801,250.00$ Homecoming- Ph 1 LMC 16420-1 HDR 152 152 878,617.00$
Homecoming- Ph 2 LMC 16420-1 HDR 189 189 1,223,775.00$
Homecoming- Ph 3 LMC 16420-1 HDR 458 458 2,965,550.00$
Homecoming- Ph 4 LMC 19980 HDR 454 454 3,520,316.00$
Cantata KB 17611 LDR 21 21 143,199.00$
Ariatta KB 17612 LDR 42 42 286,398.00$
Lynbrook KB 18693 MDR 114 114 777,366.00$
Palisades Woodside Homes 17635 LDR 79 79 999,555.00$
De-boer Deboer 18890 LDR 70 70 554,235.00$
Sonata K. Hov. 18778 LDR 65 65 443,235.00$
Amelia (stark) Cal Atlantic 17574 MDR 110 110 888,910.00$ Lot 14/15 - Hazel TriPointe 20102 HDR20 133 133 773,171.00$ Lot 14/15 - Ivy TriPointe 20102-1 HDR20 134 134 779,242.00$ Lot 11 - Verbena William Lyon 20232 HDR20 70 70 407,330.00$ Lot 11 - Morning Sun Lennar 20231 HDR20 106 106 616,814.00$ Van Vliet Richmond American 20170 MDRD 80 80
Van Vliet Richmond American 20270 MDRD 36 36
Van Vliet Pulte 20172 MDRD 76 76
Van Vliet TriPointe 20171 MDRA 123 123
Van Vliet Beazer 20173 MDRA 149 70
Block 4 Century 20165 LDR 79 79
Block 4 KB Home 20166 LDR 69 69
Block 4 Lennar 20167 LDR 60 60
Block 4 Richmond American 20168 LDR 68 68
Block 4 Lennar 20248 LDR 56 56
Block 4 Richmond American 20249 LDR 56 56
4539 4460 27,964,563.00$
185,466.49$
58,524.00$
28,208,553.49$
Credits exclude:
Homecoming Ph 5 (Contract 2022-163)
Harvest (Contract 2022-029)
TM 16420-4
Van Vliet Rec. Center
Total Credits as of 4/22/24
Streets- DIF Credits Summary as of 4/22/2024
978,721.00$
1,183,497.00$
Total
Pine/Mill Creek Commercial
B-2 254
Existing
Contracts Tract Map No. Development Allocated Credits
2022-029 18480 Harvest (for Pine) 5,303,376.00$
2022-163 16420-3 Commercial Town Center 3,527,236.00$
2023-249 16420-4 Block 9 - Independence 1,285,559.00$
28,208,553.49$
38,324,724.49$
35,131,528.37$
(28,208,553.49)$
Remaining Credit Balance 6,922,974.88$
Validated Costs (Projects 2004-2019)
Allocated DIF Credits Proposed DIF Agreement
Total DIF Credits Issued to Lewis (as of April 2024)
(Proposed DIF Agreement for Projects Constructed from 2004-2019) Transportation DIF Credit Summary
B-3
255
EXHIBIT C
DIF CREDIT ADDENDUM
EXHIBIT D
ADDENDUM NO. 1
(Assignment of Credit)
❖ Contract No.:
❖ Assignor:
❖ Project Name:
❖ DIF Credit and Reimbursement Summary:
Total Credit Amount Credits Applied Balance
Circulation DIF $35,131,528.37 ($28,208,553.49) $6,922,974.88 Balance Credits Assigned Balance Forward
Assigned DIF Credit $
Chino Preserve Development Corporation is hereby transferring DIF Credit in the amount of $<<>> to:
❖ Assignee:
❖ Credit Transfer Amount: $
❖ Remaining Credit: $
“Any transfer or assignment of credits or reimbursement rights acknowledged in this Addendum shall be made in accordance with City procedures, on a form approved by and acknowledged by the City. All parties to this Addendum agree that City will have no obligation to recognize or honor an assignment or transfer that does not comply with the terms of this Addendum.”
[SIGNATURES ON FOLLOWING PAGE]
C-1
256
“DEVELOPER”
CHINO DEVELOPMENT
CORPORATION,
a California corporation
By:
Name: Bryan T. Goodman
Its: Authorized Agent
CHINO PRESERVE
DEVELOPMENT
CORPORATION,
a California corporation
By:
Name: Bryan T. Goodman
Its: Authorized Agent
“CITY”
CITY OF CHINO,
a municipal corporation
By:
Hye Jin Lee
Director of Public Works
“ASSIGNEE”
By: __________________________
Name, Title
C-2 257
RESOLUTION NO. 2024-057
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA, DESIGNATING CERTAI N PRESERVE CIRCULATION
(STREETS, SIGNALS & BRIDGES) DEVELOPMENT IMPACT FEE
PROJECTS AS “HIGH PRIORITY” PER CHINO MUNICIPAL CODE 3.45
TITLED DEVELOPMENT IMPACT FEES
WHEREAS, Pursuant to that certain Preserve Development Agreement No. 2004 -073, effective July 1, 2004, by those certain First, Second and Third Amendments thereto and that certain Amended and Restated Development Agreement No. 2023 -0182285 effective July 21, 2023, among City of Chino (“City”) and Chino Development Corporation, and Chino Preserve Development Corporation (collectively, “Developer”) , and the conditions of approval for Tracts 16419, 16419-1, 16420, 16420-1, 17057, 17571, 17572, and 19994, Developer was required to design and construct several major projects, including, but not limited to, primary arterials such as Pine and Hellman Avenues, secondary arterials such as Kimball Avenue, collector roads such as Rincon Meadows, and multiple traffic signals (c ollectively referred to as “Transportation Improvements”) as a condition to the development of The Preserve; and WHEREAS, Developer has completed all work required in connection with the design and construction of the Transportation Improvements according to the specifications of the City and under the inspection of, and to the satisfaction of the Director of Public Works of the City.
WHEREAS, The Development Impact Fee (“DIF”) Ordinance provides that if, as a condition of approval of a development project, a developer constructs a public facility identified in the Nexus Reports, for which a DIF is imposed, Developer shall be eligible to receive reimbursement and a fee credit toward the DIFs imposed on the project for the same type of public facility so constructed, and shall be entitled to credit for eligible costs of constructing the public facilities; and
WHEREAS, City and Developer desire to enter a Construction Credit & Reimbursement (“Agreement”) for the Transportation Improvements; and
WHEREAS, Developer and City desire to memorialize herein Developer’s right to the highest priority reimbursement of funds from The Preserve Circulation (Streets, Signals & Bridges) DIF fund; and
NOW, THEREFORE, BE IT RESOLVED, that the City of Chino does hereby determine, find, resolve, and order as follows:
SECTION 1. The public improvements which comprise the Transportation Improvements are the subject of the Agreement, which were constructed and accepted by the City for use prior to the date of the completion and acceptance by the City of any other Circulation DIF facilities which may be eligible for reimbursement.
SECTION 2. Accordingly, pursuant to the first -in/first-out provision of the DIF Ordinance ( i.e., Section 3.45.130.A7), reimbursement to Developer for the Transportation Improvements shall 258
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have priority and be first in line over all other Circulation DIF facilities. As such, as of the Effective Date of the Agreement.
SECTION 3. City shall reimburse Developer the Remaining Transportation DIF Credit and Reimbursement Amount per the terms of the Agreement, less (i) the amount of the any Credits applied to any project on the Developer’s Properties after the Effective Date a nd (ii) the amount reimbursed to Developer after the Effective Date, to the full extent of available Circulation DIFs then held by City until the Remaining Circulation DIF Credit and Reimbursement Amount is reimbursed in full via DIF Credits and reimbursements.
APPROVED AND ADOPTED THIS 19th DAY OF NOVEMBER 2024.
EUNICE M. ULLOA, MAYOR
ATTEST:
NATALIE GONZAGA, CITY CLERK
State of California )
County of San Bernardino )ss.
City of Chino )
I, NATALIE GONZAGA , City Clerk of the City of Chino, do hereby certify that the forgoing Resolution was duly adopted by the City Council at a regular meeting held on the 19th day of November 2024, by the following votes:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
NATALIE GONZAGA, CITY CLERK
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