Agenda packet — Chino City Council, February 18, 2025 (part 1 of 2)

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

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

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

CHINO CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY, FEBRUARY 18, 2025

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

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

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

CLOSED SESSION

1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Pursuant to Government Code 54956.8 Property: APN: 1014-281-04; NEC of Central & Francis Ave., Chino; Agency Negotiator: Linda Reich, City Manager or her designee; Negotiating Parties: Dave Kuo; Under Negotiation: Price and Terms of Potential Acquisition

2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Pursuant to Government Code 54956.8 Property: APN: 1014-281-03, 1014-281-08; 5412 Francis Ave., Chino; Agency Negotiator: Linda Reich, City Manager or her designee; Negotiating Parties: Grand West Coast Investment LLC; Under Negotiation: Price and Terms of Potential Acquisition
1 CHINO CITY COUNCIL
FEBRUARY 18, 2025 2

3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Pursuant to Government Code 54956.8 Property: APN: 1014-051-08; NEC of Central Ave. and Phillips Blvd.; Agency Negotiator: Linda Reich, City Manager or her designee; Negotiating Parties:Central 55 Investments LLC; Under Negotiation:

Price and Terms of Potential Lease

4. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Pursuant to Government Code 54956.8 Property: 15180 Euclid Avenue, Chino; Agency Negotiator: Linda Reich, City Manager or her designee; Negotiating Parties: State of California; Under Negotiation: Price and Terms of Potential Acquisition

FLAG SALUTE

CEREMONIALS
Mayor’s Home Beautification Award - Award of Mayor’s Home Beautification Award for February 2025.

Retirement Recognition - California Institute for Men (CIM) - Recognition of CIM Retiree John Bennett.

Chino Youth Boxing Club Awards - Recognition of the Chino Youth Boxing Club Members who received various awards during 2024.

Business of the Month - Award of Business of the Month for February 2025 to Gavrila Dental.

REPORT OUT OF CLOSED SESSION

AGENDA ADDITIONS/REVISIONS

INFORMATION
External Agency Report for February 18, 2025. Receive and file the External Agency Report for February 18, 2025 (Covering Meetings from December 1 - December 31, 2024).

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

PUBLIC COMMUNICATIONS
This is the time and place for the general public to address the City Council about subjects that do not appear elsewhere on the agenda. Due to Council policy and Brown Act requirements, action will not be taken on any issues not on the Agenda. Ordinance No. 97-08 (Chino Municipal Code Section

2.04.090) limits speakers to no more than five (5) minutes in which to address Council, except as provided under Government Code 54954.3(b)(2). If more than three (3) persons seek to address the same agenda item or the same subject matter, the Mayor shall establish a maximum period of time not to exceed thirty (30) minutes.

CONSENT CALENDAR
At this time, members of the public may present testimony as to why an item should be removed from the Consent Calendar for separate discussion. Unless a member of the public or City Council requests that an item be removed from the Consent Calendar, all items will be acted upon as a whole and by one vote. Items placed on the Consent Calendar represent routine expenditures and/or actions that support ongoing City operations.
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FEBRUARY 18, 2025 3

1. Warrants. Approve expenses as audited and within budget for warrants 774177 to 774351, and Electronic Fund Transfers 523746E to 523826E, totaling $6,506,252.86.

2. Minutes. (a) Regular Meeting Minutes for February 4, 2025 (All Members Present) and (b) Special Joint Meeting Minutes for January 14, 2025 (All Members Present).

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

4. Report on Priority State and Federal Legislative Issues. Receive and file the Priority Legislative Items Report dated February 18, 2025; the Tracked State Legislation Report; and Position Letters on Legislation.

5. Annual Adoption of City of Chino and Successor Agency Investment Policy. Adopt City Resolution No. 2025-009 and Successor Agency Resolution No. 2025-001 containing the City of Chino and Successor Agency Statement of Investment Policy.

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

7. Tri Pointe Homes Holdings, Inc. - Final Tract Map. No. 20312-2 and Subdivision Improvement Agreement. Approve Final Tract Map. No. 20312-2 and Subdivision Improvement Agreement with Tri Pointe Homes Holdings, Inc.

PUBLIC HEARING
Prior to the vote of the City Council, any member of the audience will have the opportunity to address Council on any items listed under Public Hearings. Council requests, but it is not required, that you state your name and address prior to making any remarks.

8. Permanent Local Housing Allocation (PLHA) Funding Application. Conduct a Public Hearing regarding the PLHA program application and adopt Resolution No. 2025-004 authorizing the submittal of an application for funding under the State of California PLHA Program.

Staff Report By: Traci Rossetti-Smith, Senior Management Analyst RECOMMENDATION: 1) Open a Public Hearing to receive input on the City of Chino Permanent Local Housing Allocation (PLHA) program application; 2) Adopt Resolution No. 2025-004, authorizing the submittal of an application for funding under the State of California PLHA program; and 3) authorize the City Manager to execute all necessary documents on behalf of the City.

NEW BUSINESS

9. Ordinance No. 2025-001 - Chapter 8.12 Fireworks. Approve the Introduction of Ordinance No. 2025-001, Amending Chapter 8.12 of the Chino Municipal Code Pertaining to Fireworks.

Staff Report By: Silvia Avalos, Director of Community Services, Parks & Recreation RECOMMENDATION: Approve the Introduction of Ordinance No. 2025-001, to be read by number and title only, waiving further reading of the ordinance, amending Chapter 8.12 of the Chino Municipal Code (CMC) pertaining to fireworks.

ORDINANCE NO. 2025-001 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING CHAPTER 8.12 (FIREWORKS) OF THE CHINO MUNICIPAL CODE
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FEBRUARY 18, 2025 4

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

Mayor Ulloa
Mayor Pro Tem Burton
Council Member Comstock
Council Member Flores
Council Member Lucio
City Manager's Report
City Attorney's Report
Police Chief's Report
Director's Report
Fire Chief's Report

ADJOURN
The next Regular Meeting of the City Council will be held on Tuesday, March 4, 2025 at 6:00 p.m. (Closed Session no earlier than 4:00 p.m. if necessary) in these Council Chambers.

I, Natalie Gonzaga, City Clerk of the City of Chino, hereby declare that on Thursday, February 13, 2025 this agenda was posted on the south window of Chino City Hall and this agenda together with all of the agenda reports and related documents were posted on the City’s website at www.cityofchino.org by myself or under my direction.
_______________________________________
Natalie Gonzaga, City Clerk.
4 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT
CITY COUNCIL MEETING DATE: FEBRUARY 18, 2025
TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: EUNICE M. ULLOA, MAYOR

SUBJECT
..titl e
Award of Mayor’s Home Beautification Award.
..end
..body
5 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT
CITY COUNCIL MEETING DATE: FEBRUARY 18, 2025
TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: EUNICE M. ULLOA, MAYOR

SUBJECT
..titl e
..end
Recognition of the Retirement of Sergeant John Bennett from the California Institute for Men. ..body
6 MEMORANDUM

CITY OF CHINO

COMMUNITY SERVICES, PARKS & RECREATION DEPARTMENT
CITY COUNCIL MEETING DATE: FEBRUARY 18, 2025
TO: LINDA REICH, CITY MANAGER
FROM: SILVIA AVALOS, DIRECTOR OF COMMUNITY SERVICES, PARKS &

RECREATION

SUBJECT
..titl e
Chino Youth Boxing Club Awards
..end
..body
7 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT
CITY COUNCIL MEETING DATE: FEBRUARY 18, 2025
TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: LINDA REICH, CITY MANAGER

SUBJECT
..titl e
Business of the Month.
..end
..body
8 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT
CITY COUNCIL MEETING DATE: FEBRUARY 18, 2025
TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: LINDA REICH, CITY MANAGER

SUBJECT
External Agency Report for February 18, 2025.
..end

RECOMMENDATION
..titl e
Receive and file the External Agency Report for February 18, 2025 (Covering Meetings from December 1 – December 31, 2024)

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

BACKGROUND
Members of the Chino City Council are assigned to represent the City on several external agencies, committees, boards, and task forces. While the frequency of meetings varies by agency, many meet monthly. Others meet quarterly, bi-monthly, or on an as-needed basis.

ISSUES/ANALYSIS
The attached Monthly Agency Report for February 18, 2025, summarizes recent discussions and actions during external meetings attended by City Council Members. It focuses on items that may impact or interest the City of Chino, its residents, and its businesses. The report covers meetings from December 1, 2024, to December 31, 2024.
9 C I T Y O F C H I N O

MONTHLY AGENCY REPORTS
FEBRUARY 18, 2025 - Covering meetings from December 1 - December 31, 2024 Members of the Chino City Council are assigned to represent the City on several external agencies, committees, boards, and task forces. This reportsummarizesthe actions and discussions of those entities as they may impact or be of interest to the City of Chino, its businesses, and its residents.

CHAFFEY COLLEGE CHINO COMMUNITY CENTER OVERSIGHT COMMITTEE Council Representative: Marc Lucio| Staff Report By: Silvia Avalos Meeting Date: December 17, 2024
Update from Event Coordinator - Only 4 Saturdays remain available for 2025, and events are starting to book in 2026. Venue Showcase at the Chaffey College Chino Community Center (CCCCC) will take place in April 2025. A fee study is being conducted to propose increasing rental fees. Chaffey College Chino Community Center (CCCCC) falls well under the average rental rates for comparable venues in the region. As requested by committee members, the Event Coordinator will investigate fees for other banquet venues in Rancho Cucamonga.

Facility Sound System - Linda Reich mentioned that at the last few events she attended in the CCCCC, the sound could not be heard in certain spots in the room. The City has started bringing in their own AV equipment, which they shouldn’t have to do. Michael Fink, Chief Technology Officer at Chaffey College, explained that the AV system was installed by an outside firm Avidex (formerly Spinitar) approximately four years ago. Maintaining this level of audio/visual equipment is outside of the scope of Chaffey College’s IT Department, although Chaffey IT does run the equipment for events. The Event Coordinator will contact Avidex and schedule a meeting to discuss sound quality, representatives from City of Chino and Chaffey College will be included. She will also inquire regarding the cost to run AV for events, and a maintenance program for the equipment.

Next anticipated meeting date: March 18, 2025

CHINO VALLEY CHAMBER OF COMMERCE
Council Representative: Christopher Flores | Staff Report By: Ellyse Martinez Meeting Date: December 16, 2024 Ribbon-Cutting - On Monday, December 4, City staff Ellyse Martinez, Linda Hinojos, and Deven Reyes attended the Boston’s Pizza ribbon cutting. Ellyse Martinez presented their team with a certificate of congratulations.

Holiday Mixer - On Tuesday, December 10, City staff Ellyse Martinez and Linda Hinojos attended the Chamber of Commerce Holiday Mixer, where they spoke with local business owners and participated in activities hosted by the Chamber.

Next anticipated meeting date: January 20, 2025

CHINO BASIN DESALTER AUTHORITY
Council Representative: Eunice Ulloa | Staff Report By: Pete Vicario Meeting Date: December 17, 2024
10 MONTHLY AGENCY REPORTS – FEBRUARY 18, 2025 (Covering Meetings from 12/1/24 – 12/31/24) PAGE 2 The Chino Basin Desalter Authority (CDA) reported on water deliveries of 420 acre-feet made to the City of Chino in November.

The CDA Technical Advisory Committee (TAC) recommended the following, all of which were approved:
• Award Cora Constructors a contract to rehabilitate a chlorine/ammonia room located at the Chino I Desalter for the not-to-exceed amount of $805,000.
• Amend the current contract with General Pump for on-call maintenance, rehabilitation, inspection, and urgent well and pump station repair services for the not-to-exceed amount of $800,000. • Approve an amendment to the current contract with TE Roberts, Inc. for environmental clean-up services and solids handling support in the not-to-exceed amount of $50,000.

Next anticipated meeting date: January 21, 2025

CHINO BASIN WATERMASTER
Council Representative: Eunice Ulloa | Staff Report By: Benjamin Orosco Meeting Date: December 26, 2024
No meeting during this reporting period.

Next anticipated meeting date: January 23, 2025

CHINO VALLEY INDEPENDENT FIRE DISTRICT - LIAISON TO BOARD OF DIRECTORS Council Representative: Karen Comstock | Staff Report By: Linda Reich Meeting Date: December 11, 2024
Board of Direction Elections - The Honorable Judge Lisa M. Rogan, Presiding Judge of the Superior Court of San Bernardino County, administered the Oath of Office to newly elected Members of the Board of Directors:
• Andrew Romaine, Member of the Board of Directors, Division 4 • Harvey Luth, Member of the Board of Directors, Division 2 • Sarah Ramos-Evinger, Member of the Board of Directors, Division l Liaison Reports to the Fire District - Chino City Council Member Chris Flores reported on the Chino Youth Christmas Parade and Fair on Saturday, December 14th, and the Chino Youth Museum's 25th anniversary.

Fiscal Year 2023-2024 Audit Report - Greg Fankhanel of Van Lant & Fankhanel LLP, the independent auditor, provided an overview of the Fiscal Year 2023-2024 audit report, which can be viewed here.

There was discussion regarding the one-year increase in the pension unfunded liability from $59.8 million on June 30, 2023, to $66.3 million on June 30, 2024. In response to Board questions, the Finance Director explained the $15 million dollar surplus in the report includes one-time funds for Station 68 and property tax corrections from the County of San Bernardino. He stated that a future item to allocate a portion of the surplus funds to the District's pension liability, excluding any one-time funds, will be brought to the Board for consideration.

The item was approved 5-0.

Memorandum of Understanding (MOUs) - The Board approved the following MOUs and amendments to 11 MONTHLY AGENCY REPORTS – FEBRUARY 18, 2025 (Covering Meetings from 12/1/24 – 12/31/24) PAGE 3 MOUs on 5-0 votes:
• Teamsters Local 1932 Unit – A three-year MOU, covering FY 2024-25, FY 2025-26, and FY 2026-27, between Teamsters Local 1932 and CVFD, which provides for 4%, 2%, and 2% COLAs, respectively. It provides increases for education and other special pay categories, including Notary, Fire InspectorInvestigator, Fire Inspector-Floater, and Fire Apparatus & Fleet Mechanic pay; increases cafeteria benefits by $250 to $1,815, by $135 to $1,950, and by $250 to $2,200, effective July 1 of the respective fiscal years; and provides changes to sick and vacation leave accruals and cashouts. The definition of a positive drug test is amended related to cannabis.
• Resolution No. 2024-22, Unrepresented Confidential Employee Compensation – Amends Resolution No. 2024-016, pertaining to Unrepresented Confidential Employee Compensation, by providing an additional 2% cost of living adjustment (COLA) to the original resolution, for a total of 4% COLA retroactive to July 1, 2024. The increase provides Confidential employees the same higher FY 2024-25 COLA provided to Teamsters in the prior item.
• Resolution No. 2024-23, Unrepresented Part-Time Employees – Provides COLA and benefits adjustments for unrepresented part-time employees for FY 2024-25, FY 2025-26, and FY 2026-27, providing salary increases of 4%, 2%, and 2%, respectively, and additional deferred compensation contributions of $25 per month effective July 1, 2025 (total of $125), $25 per month effective July 1, 2026 (total of $150), and $25 per month effective July 1, 2027 (total of $175). • Resolution No. 2024-24, Unrepresented Management Employee Compensation – Amends Resolution No. 2024-17 to comply with CalPERS, which requires additional benefits (additional monthly pay for numerous positions previously approved by the Board) to be identified as “pensionable compensation.” 2025 Community Liaisons, Standing Committees, and JPA Board Member Assignments – The Board appointed members to represent the CVFD tovarious external entities.

Next anticipated meeting date: January 8, 2025

CHINO VALLEY UNIFIED SCHOOL DISTRICT
Council Representative: Curtis Burton | Staff Report By: Vivian Castro Meeting Date: December 19, 2024
Oath of Office for Board Members - Superior Court Judge Mark Petersen administered the oath of office to John Cervantes, James Na, and Andrew Cruz.
2025-2026 Board Meeting Calendar – The Board unanimously approved the 2025-26 Board meeting calendar.2025/2026 Board meeting calendar.

Resolution No. 2024/2025-34, Authorizing the Establishment of an Irrevocable Trust for Other PostEmployment Benefits (OPEB), Through Participation in the California Employer’s Retiree Benefits Trust (CERBT) Program - The Board voted unanimously to adopt Resolution No. 2024/2025-34, Authorizing the Establishment of an Irrevocable Trust for Other Post-Employment Benefits (OPEB), Through Participation in the California Employer’s Retiree Benefit Trust (CERBT) Program. 12 MONTHLY AGENCY REPORTS – FEBRUARY 18, 2025 (Covering Meetings from 12/1/24 – 12/31/24) PAGE 4 Minimum Wage and Compensation Increase to the Classified Service (Non-Bargaining Unit) – The Board voted unanimously to approve the minimum wage and compensation increase to the Classified Service (NonBargaining Unit), effective January 1, 2025.

Revision of Board Policy and Administrative Regulation 1330 Community Relations—Use of School Facilities The Board received information on the revision of Board Policy and Administrative Regulation 1330 Community Relations—Use of School Facilities.

Election of Board Representatives and Officers – Board members were elected as officers and appointed as representatives as follows:
• President - Sonja Shaw by unanimous vote
• Vice President - Jon Monroe by unanimous
• Clerk - Andrew Cruz by a unanimous vote
• Liaison - City of Chino - John Cervantes appointed
• Liaison - City of Chino Hills - James Na appointed
• Liaison - City of Ontario - Andrew Cruz appointed
• Liaison - Chino Valley Independent Fire District - Jon Monroe appointed • Representative - County Committee on School District Organization - Sonja Shaw and John Cervantes were appointed as representative and alternate, respectively • Representative - Chino Hills Parks and Recreation Commission - Jon Monroe appointed • Two Representatives - Joint Meeting with the City of Chino - John Cervantes and Sonja Shaw appointed • Two Representatives - Joint Meeting with the City of Chino Hills - James Na and Andrew Cruz appointed • Representative and Alternate-Baldy View ROP - Sonja Shaw appointed, and Jon Monroe as alternate • Secretary to the Board - Superintendent Enfield appointed Next anticipated meeting date: January 16, 2025
CHINO VALLEY UNIFIED SCHOOL DISTRICT – MEASURE G OVERSIGHT COMMITTEE Council Representative: Karen Comstock | Staff Report By: Silvia Avalos No meeting during this reporting period.

Next anticipated meeting date: January 29, 2025
CITIZEN’S COMMITTEE FOR CIM & CIW
Council Representative: Marc Lucio | Staff Report By: Aaron Kelliher Meeting Date: December 10, 2024
CIW - Prison administrative staff reviewed the current operations of the prison. A new mural was added to the facility. The prison is hosting Rebel Farms, which will provide a 2-day equine therapy session for 30 inmates. A housing unit update is nearing completion, and they will then move on to a shade sail project in the yard area.

Special holiday meals are being served to the population. With the approach of Christmas, CIW is requesting donations of presents for children ages 5-15. The prison is now hosting Cub Scouts Pack #25, with registration beginning this month. Chino PD and Chino Valley Fire worked with the prison to present an impaired driving education program, including a DUI scenario. A fundraiser was held, and $3,000 will be donated to the Chino 13 MONTHLY AGENCY REPORTS – FEBRUARY 18, 2025 (Covering Meetings from 12/1/24 – 12/31/24) PAGE 5 Valley Fire Foundation.

Current Population: 1,208
CIM - CIM officials provided an overview of the current operations at CIM. Preparations continue to host a bachelor’s program through Cal State LA on the C Yard. On December 20, a graduation ceremony will be held for those inmates who have received their GEDs and associate's degree. The 50-bed mental health facility is still under construction, with completion anticipated in mid-2025. The Audio-Visual Surveillance System continues to be on hold due to state budget issues. The inmate fundraiser raised $2,886 each for the HOPE Program, Cowboy Huddle, and The Key, which were presented at the Chino City Council.

Current Population: 2,184
Next anticipated meeting date: February 11, 2025

INLAND EMPIRE UTILITIES AGENCY
Council Representative: Eunice Ulloa | Staff Report by: Benjamin Orosco Meeting Date: December 18, 2024
New Business Items
Elect, by majority vote, a President, Vice President, and Secretary/Treasurer of the Inland Empire Utilities Agency Board of Directors for a one-year term beginning January 1, 2025 - The following Board members were elected as officers on a 5-0 vote:

President – Marco Tule
Vice President – Jasmin A. Hall
Secretary/Treasurer – Steven J. Elie
Adopt Resolution No. 2024-12-4, Reaffirming the Ability to Purchase Imported Water within IEUA Service Area - As a member agency of the Metropolitan Water District of Southern California (MWD), Inland Empire Utilities Agency (IEUA) has access to purchase MWD imported water. Previously, IEUA had a purchase order agreement with MWD for a maximum imported water allocation of 932,830 acre-feet (AF) at the MWD Tier 1 Supply Rate from January 1, 2015, through December 31, 2024. The MWD Tier 1 allocation was applied to Cucamonga Valley Water District, Fontana Water Company, and Water Facilities Authority through previously adopted Resolution 2016-9-11.

Starting January 1, 2025, IEUA will continue to make MWD imported water supplies available for purchase to Cucamonga Valley Water District, Fontana Water Company, and Water Facilities Authority, subject to availability from MWD. This resolution ensures that IEUA can continue to provide reliable imported water supplies to its service area, supporting the needs of the Cucamonga Valley Water District, Fontana Water Company, and Water Facilities Authority.

Next anticipated meeting date: January 15, 2025
14 MONTHLY AGENCY REPORTS – FEBRUARY 18, 2025 (Covering Meetings from 12/1/24 – 12/31/24) PAGE 6 LEAGUE OF CALIFORNIA CITIES – INLAND EMPIRE DIVISION
Council Representative: Curtis Burton | Staff Report by: Jackie Melendez No meeting during this reporting period.

Next anticipated meeting date: TBD

OMNITRANS BOARD OF DIRECTORS
Council Representative: Eunice Ulloa | Staff Report by: Dennis Ralls Meeting Date: December 4, 2024
The Board received an update on Key Performance Indicators for the FY2025 first quarter, which included the following notable metrics:
• Systemwide Ridership: +8.4%
• On-time Performance for Fixed Route: 80.5%
• On-time Performance for OmniAccess: 92.7%
• Positive Ride Satisfaction for OmniAccess: 86.2%
Next anticipated meeting date: January 8, 2025

ONTARIO INTERNATIONAL AIRPORT AUTHORITY (OIAA)

INTER-AGENCY COLLABORATIVE (ROUNDTABLE)
Council Representative: Curtis Burton | Staff Report by: Jackie Melendez No meeting during this reporting period.

Next anticipated meeting date: TBD

SAN BERNARDINO COUNTY BOARD OF SUPERVISORS
Staff Report By: Rogelio Huerta
Meeting Date: December 17, 2024
During a recent Board of Supervisors meeting, several key actions with direct implications for the City of Chino were approved. These actions were included in the Consent Calendar and moved by Supervisor Hagman and seconded by Supervisor Baca Jr.
• Continued Legal Representation: Amendments were approved to extend agreements with Kaplan Kirsch LLP and Langan CA, Inc., ensuring continued legal and technical expertise for the City of Chino in its pursuit of cost recovery related to the Chino Groundwater Project. • Funding for Prado East Wells Project: The Board approved the allocation of an additional $657,070 from the Chino Agricultural Preserve Fund, bringing the total allocation for the Prado East Wells Project to $989,570.
• Public Safety Enhancement: A contract was approved to provide funding for the purchase of a heavyduty public safety asset for the City of Chino, with a budget of up to $1,000,000. 15 MONTHLY AGENCY REPORTS – FEBRUARY 18, 2025 (Covering Meetings from 12/1/24 – 12/31/24) PAGE 7 • Chino Airport Remediation: The board approved an Interagency Memorandum of Understanding to fund the Chino Airport Remedial Action Project, with an initial budget of $85,831.99.

Next anticipated meeting date: January 14, 2025

SAN BERNARDINO COUNTY SOLID WASTE ADVISORY TASK FORCE
Council Representative: Karen Comstock | Staff Report by: Xochitl Huerta No meeting during this reporting period.

Next anticipated meeting date: April 16, 2025

SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY (SBCTA) BOARD OF DIRECTORS Council Representative: Eunice Ulloa | Staff Report by: Dennis Ralls Meeting Date: December 4, 2024
The board received a report from staff concerning decommissioning call boxes along the County's freeways.

Increased cell phone coverage and usage, reduced call volume, and a call box service contractor’s breach of contract were listed as reasons to begin developing a systematic decommission and removal plan. The board approved the recommendation.

Next anticipated meeting date: January 8, 2025
SBCTA – CITY SELECTION COMMITTEE
Council Representative: Eunice Ulloa | Staff Report by: Jackie Melendez No meeting during this reporting period.

Next anticipated meeting date: TBD
SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS ( SCAG) – GENERAL ASSEMBLY Council Representative: Marc Lucio | Staff Report by: Jackie Melendez No meeting during this reporting period.

Next anticipated meeting date: May 1-2, 2025

SANTA ANA WATERSHED ADVISORY COUNCIL
Council Representative: Chris Flores | Staff Report by: Benjamin Orosco Meeting Date: December 3, 2024
No current items to report.

Next anticipated meeting date: February 4, 2025

WATER FACILITIES AUTHORITY BOARD OF DIRECTORS
Council Representative: Eunice Ulloa | Staff Report by: Benjamin Orosco No meeting during this reporting period.
16 MONTHLY AGENCY REPORTS – FEBRUARY 18, 2025 (Covering Meetings from 12/1/24 – 12/31/24) PAGE 8 Next anticipated meeting date: January 7, 2025

WEST END ANIMAL SERVICES AGENCY JOINT POWERS AUTHORITY
Council Representative: Curtis Burton | Staff Report by: Rogelio Huerta Meeting Date: December 5, 2024
Appointment of Executive Director - The Board approved Clinton Thacker's appointment as Executive Director of Animal Services for the West End Animal Services Agency and an employment agreement with Mr. Thacker.

Admission of Additional Member Agencies - The Board adopted resolutions authorizing the addition of the City of Montclair and the County of San Bernardino as member agencies of the West End Animal Services Agency.

Next anticipated meeting date: January 2, 2024

WEST VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT
Council Representative: Chris Flores | Staff Report by: Vivian Castro Meeting Date: December 10, 2024
Financial Audit Report for Fiscal Year 2023-2024 - The board unanimously approved Resolution No. 2024-07, accepting the agency’s Annual Financial Audit Report for FY 2023-2024. The report shows a total fund balance of $4,408,522 at the beginning of the fiscal year, and a fund balance of $4,380,535 as of June 30, 2024.

Field Operations Reports – In October, the district experienced a 26% decrease in service requests from the previous month. This was a 67% decrease compared to the same period last year. October service requests concerning mosquitoes decreased from the prior month. Miscellaneous vectors, midges, rodents, and flies were up since the previous month. The district received 20 Aedes service request calls.

Numerous meetings were held to review maintenance projects for IEUA water recharge basins, midge fly counts, and the clearing of drains and vegetation for vector access at Prado Park, the Prado Olympic Shooting Park, and the Mills Creek Wetlands.

Next anticipated meeting date: February 25, 2025
17 MEMORANDUM

CITY OF CHINO

FINANCE DEPARTMENT
CITY COUNCIL MEETING DATE: FEBRUARY 18, 2025
TO: LINDA REICH, CITY MANAGER
FROM: NADYNE LOWRY, ACTING DIRECTOR OF FINANCE

SUBJECT
..titl e
Warrants.
..end

RECOMMENDATION
Approve expenses as audited and within budget for warrants 774177 to 774351, and Electronic Fund Transfers 523746E to 523826E, totaling $6,506,252.86. ..body

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

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
 Financial Stability
Revenue: Expenditure:
18 CITY COUNCIL MEETING DATE: FEBRUARY 18, 2025
TITLE: WARRANTS.

PAGE: 2

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

NO. WARRANTS CHECK DATE FY AMOUNT

1. 774177 – 774251 1/23/25 24-25 $1,008,763.57

2. 774252 – 774351 1/30/25 24-25 $2,379,216.65

3. 523746E – 523776E 1/22/25 24-25 $706,655.30

4. 523777E – 523826E 1/31/25 24-25 $2,411,617.34
TOTAL $6,506,252.86
E: Electronic Fund Transfers

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

Attachment
19 Council Meeting 2/18/25

CITY OF CHINO
A/P Warrant Register Over $50,000
Check
Number
Check Date Vendor Name Description Amount
523760 01/22/2025 HUMANE SOCIETY OF POMONA VALLEY ANIMAL CONTROL SERVICES $68,867.00 523762 LANDSCAPE WEST MANAGEMENT SERVICES,
INC.

LANDSCAPE MAINTENANCE $67,950.00
523763 MERCHANTS LANDSCAPE SERVICES INC LANDSCAPE MAINTENANCE $52,513.27 523774 WATER FACILITIES, AUTHORITY (JPA) IMPORTED WATER PURCHASE $426,485.07 774190 01/23/2025 CDW GOVERNMENT INC CENTRAL SERVICES-RENEWAL $91,550.36 774201 E-PLAN INC SOFTWARE LICENSE $78,481.34
774208 HUNTER CONSULTING INC. PD GUN RANGE CLEANING SERVICE $60,640.00 774247 US BANK CORPORATE PAYMENT SYSTEM NOVEMBER 2024 P-CARD PAYMENT $55,155.76 774248 WASTE MANAGEMENT COLLECTION SERVICES $459,794.49 774250 WEST COAST ARBORISTS INC TREE TRIMMING SERVICES $56,433.00 774266 01/30/2025 BIGGS CARDOSA ASSOCIATES, INC. EUCLID BRIDGE DESIGN SERVICES $943,537.65 774269 C P CONSTRUCTION CO INC KIMBALL AVE IMPROVEMENTS-PRESERVE $77,611.92 774287 CT & T CONCRETE PAVING INC STREET REHAB PROJECT SERVICES $760,339.79 774349 WASTE MANAGEMENT COLLECTION SERVICES $83,513.90
523779 01/31/2025 ACT 1 CONSTRUCTION, INC. AYALA PARK PHASE 1B SOFTBALL FIELD $939,379.00 523806 INLAND EMPIRE UTILITIES AGENCY SEWAGE TREATMENT SERVICE $953,315.10 523814 CANNON CORPORATION PLAN CHECK SERVICES $62,844.75 523826 YUNEX LLC TRAFFIC SIGNAL MAINTENANCE $215,967.49 18 TOTAL $6,000,379.89
20 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT
CITY COUNCIL MEETING DATE: FEBRUARY 18, 2025
TO: LINDA REICH, CITY MANAGER
FROM: NATALIE GONZAGA, CITY CLERK

SUBJECT
..titl e
Minutes.
..end
..body
21 CHINO CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

REGULAR MEETING - CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY, FEBRUARY 4, 2025

MINUTES
CLOSED SESSION - 5:30 PM
OPEN SESSION – 6:00 PM
_________________________________________________________________________________

CALL TO ORDER
The February 4, 2025, Regular Meeting of the City Council / Successor Agency to the Redevelopment Agency was called to order at 5:31 pm by Mayor Eunice M. Ulloa in the Council Chambers.

ROLL CALL
PRESENT: Mayor Eunice M. Ulloa, Mayor Pro Tem Curtis Burton, Council Member Karen C.

Comstock, Council Member Christopher Flores, and Council Member Marc Lucio ABSENT: NONE.

CLOSED SESSION PUBLIC COMMENTS
There were no requests to speak.

CLOSED SESSION
City Attorney Fred Galante read into the record the item listed on the Closed Session agenda.

1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Pursuant to Government Code 54956.8
Property: APN: 1020-282-12; NWC of Chino Ave. & 6th St. 13272 6th Street, Chino; Agency Negotiator: Linda Reich, City Manager or her designee; Negotiating Parties: Tannehill Langdon TR; Under Negotiation: Price and Terms of Potential Acquisition

2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Pursuant to Government Code 54956.8
Property: APN: 1020-282-03; 13218 6th Street, Chino; Agency Negotiator: Linda Reich, City Manager or her designee; Negotiating Parties: SKS Property Investment LLC; Under Negotiation: Price and Terms of Potential Acquisition
The City Council recessed to Closed Session at 5:32 p.m. and concluded at 5:56 p.m. The City Council reconvened the open session meeting at 6:02 p.m.

FLAG SALUTE
Council Member Lucio led the Pledge of Allegiance.
22 CHINO CITY COUNCIL
FEBRUARY 4, 2025 2

CEREMONIALS
City of Chino 2024 Photo Contest Winners - Recognition of the 2024 City of Chino Photo Contest Winners.

Chino Animals: Shaun Gross "Nature in the Backyard"
Chino Fun: Stacey Wiseman "Indiana & Mabel Wiseman"
Chino Landmarks: Miguel S Balderrama "Tower Wings"
Chino Living: Susana Aguilar "Growing Minds Where Everything Grows" Chino Nature: Tirthankar Chakraborty Dipankar "Serenity at Prado Regional Park" Chino Sports: Isabella Chavez "Jump Ball"
Mayor Pro Tem Burton presented certificates of recognition to Shaun Gross, Stacey Wiseman, Miguel S. Balderrama, Susana Aguilar, and Tirthanker Chakraborty Dipankar, who were present to accept their award.

REPORT OUT OF CLOSED SESSION
City Attorney Fred Galante reported out of closed session as follows:

2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Pursuant to Government Code 54956.8
Property: APN: 1020-282-03; 13218 6th Street, Chino; Agency Negotiator: Linda Reich, City Manager or her designee; Negotiating Parties: SKS Property Investment LLC; Under Negotiation: Price and Terms of Potential Acquisition
The City Council received an update, provided direction, and no further reportable action was taken.

AGENDA ADDITIONS/REVISIONS
Assistant City Manager Jackie Melendez reported there were no additions or revisions to the agenda.

PUBLIC ANNOUNCEMENTS
Mayor Ulloa issued a reminder about the following scheduled community events and closures:

The Run for Russ 5K, attracted over 1,100 participants to honor fallen Chino Police Officer, Russ Miller, with proceeds benefiting the Chino Police Officers Foundation. Special congratulations were extended to all participants and winners.

Chino Youth Museum Annual Dairy/Aire 5k is on Saturday, March 1, 2025 at 8:00 a.m. located at Ruben S. Ayala Park. For information, visit chinoyouthmuseum.com.

Healthy Family Day is on Saturday, March 15, 2025, at the Neighborhood Activity Center. For more information, visit cityofchino.org/HFD.
23 CHINO CITY COUNCIL
FEBRUARY 4, 2025 3
Chino City Hall and most City facilities will close for the President's Day Holiday on Monday, February 17, 2025.

PUBLIC COMMUNICATIONS
Chaplain Keith Roby, Chino Valley Fire District, provided the invocation.

Melissa Compani, Representative, Fourth District San Bernardino County Supervisor Curt Hagman, announced updates and upcoming events.

Sophia Cohen, Field Representative, 53rd District Assemblymember Michelle Rodriguez, announced the upcoming Community Swearing-In Ceremony on Saturday, February 8, 2025 at 2:00 p.m.

Donna Marchesi, Chino resident, spoke regarding traffic concerns in Chino.

Diane Boudreaux, Chino resident, thanked the City Council for opposing the SCAQMD Rule 1111 and 1121.

Moe Mendoza, Chino resident, spoke regarding the Animal Resource Center and provided a letter that was included in the meeting record.

Mayor Ulloa called up Troop 202 Scouts to provide an introduction.

CONSENT CALENDAR

1. Warrants. Approve expenses as audited and within budget for warrants 773958 to 774176, and Electronic Fund Transfers 523634E to 523745E, totaling $7,505,252.76.

2. Minutes. Regular Meeting Minutes for January 21, 2025 (All Members Present).

4. Tobacco Grant Program Acceptance. Adopt Resolution No. 2025-008 and grant proceeds in the amount of $46,899, over a three-year fiscal period; appropriate $15,633 for FY 24-25, from the unappropriated reserves of the General Fund and increase the General Fund revenue budget by $15,633.

5. Amendment No. 2 with Biggs Cardosa Associates, Inc. for the Euclid Avenue Bridge Project (ST243) Environmental Impact Report (EIR). Approve Amendment No. 2 with Biggs Cardosa Associates, Inc. in the amount of $388,534.24 for additional consultant services to prepare an EIR for Project ST243 for a new contract total not-to-exceed $4,332,759.58.

Motion by Council Member Comstock, seconded by Council Member Flores, to approve the Consent Calendar items 1-5 as presented. The motion carried by the following vote:

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

ABSENT: NONE.
24 CHINO CITY COUNCIL
FEBRUARY 4, 2025 4

NEW BUSINESS

6. Introduction of Ordinance No. 2025-001. Approve the Introduction of Ordinance No. 2025-001 Amending Chapter 8.12 of the Chino Municipal Code Pertaining to Fireworks.

Silvia Avalos, Director of Community Services, Parks & Recreation (CSPR), provided a presentation on the item.

Mayor Ulloa called upon the public comments received from the audience.

Karlee Remender, representing Don Lugo Performance Arts/Band Booster, spoke in opposition of the ordinance, as presented.

Aiden Flores, spoke in opposition of the ordinance, as presented.

Tony Flores, representing the parents of Troop 202 and Chino High School Band Booster, spoke in opposition of the ordinance, as presented. He suggested a central location be established in the City of Chino for drop off of unsold fireworks.

John Kelly, TNT Fireworks, provided an introduction, spoke in opposition of the ordinance, as presented. He offered to work together on alternate solutions.

Mayor Ulloa asked if there were any additional requests to speak from the audience.

Bobby Martinez, community member, spoke against the firework vendor’s decision to require non-profit organizations to pay a $1,500 merchandise pickup fee, and advocated for exploring other vendor options.

Neal Jerry, CSPR Commissioner, spoke in support of the ordinance, as presented.

Donna Marchesi, spoke in opposition of the proposed item.

Hearing no additional requests to speak, Mayor Ulloa requested Council Member comments.

Council Member Comstock asked Staff when the fireworks wholesaler representatives were notified of the CSPR Fireworks Subcommittee recommendations. Both Ms. Avalos and Nikki Love, Strategic Initiatives Manager, confirmed the wholesalers were notified approximately two weeks before the January CSPR Commission meeting. Ms. Love confirmed TNT and Phantom representatives had no questions at the time of notification.

Council Member Comstock asked if TNT and Phantom were the only fireworks providers in Chino, and Ms. Love confirmed currently they are the only two wholesalers being utilized.

Mayor Pro Tem Burton clarified the current distribution and collection practices of fireworks stock, and expressed concerned regarding the fireworks wholesaler fees.

City Attorney Galante confirmed the Chino Municipal Code has a provision that requires wholesalers to secure a permit, and it could be amended to include language that will obligate 25 CHINO CITY COUNCIL
FEBRUARY 4, 2025 5
the wholesaler to pick up the fireworks stock by a specified date or provide a central drop off location within the City.

Council Member Lucio discussed the practices of other city programs and suggested the City conduct an RFP process in order to ensure transparency and offer multiple options to the stakeholders.

Council Member Flores asked how many non-profits have contracted with TNT this year, and Ms. Avalos explained the number is unknown, noting the City application is scheduled to be sent on February 14, 2025.

Mayor Ulloa explained she preferred the non-profits handle the negotiations with the vendors, however, she acknowledged the City might need to get involved to help develop a solution through revising the ordinance. She suggested delaying the ordinance introduction approval until the next meeting.

Mayor Ulloa asked staff to consider alternate solutions, and invited Council Member Comstock to serve as a liaison for the City Council as Staff reviews the ordinance.

Council Member Flores expressed concern regarding the application start date. Ms. Avalos explained staff is required to issue applications on February 14, 2025, however, the applications are not due until March 14, 2025, allowing time to make changes before the applications are due.

Council Member Comstock recommended applications should contain language to advise all applicants the ordinance is currently under review by the City Council.

Assistant City Manager Melendez confirmed staff will proceed with the current application process and existing regulations will continue to apply, and the recommended changes will be tabled, reviewed, and re-introduced at the next meeting.

The item was pulled and returned to City staff for further review. It is anticipated to be returned for City Council consideration at the next regular meeting on February 18, 2025.

MAYOR AND COUNCIL REPORTS
Mayor Ulloa

7. Planning Commission Appointments. Approve Planning Commission Member and North and South Sphere of Influence Ex-Officio Member appointments.

Staff Report By: Mayor Eunice M. Ulloa
RECOMMENDATION: Approve the re-appointment of Commissioner Brandon Blanchard; and appointment of Sphere of Influence Ex-Officio Members Jerry Rowe (North) and Alan “Drew” Sasser (South) to the Planning Commission.

The City Council thanked the residents for their participation in the Commission recruitment process and congratulated the appointed Commissioners.

Motion by Council Member Flores, seconded by Mayor Pro Tem Burton, to approve the re-appointment of Commissioner Brandon Blanchard; and appointment of Sphere of Influence Ex-Officio Members Jerry Rowe (North) and Alan "Drew" Sasser (South) to the Planning Commission. The motion carried by the following vote:

AYES: ULLOA, BURTON, COMSTOCK, FLORES, AND LUCIO
26 CHINO CITY COUNCIL
FEBRUARY 4, 2025 6
NOES: NONE.

ABSENT: NONE.

Mayor Ulloa directed the City Clerk to administer the Oath of Office to the appointed Commissioners. City Clerk Natalie Gonzaga administered the Oath of Office to Brandon Blanchard, Jerry Rowe, and Alan "Drew" Sasser.

Newly re-appointed Planning Commissioner Brandon Blanchard, North Sphere of Influence Ex-Officio Planning Commissioner Jerry Rowe, and South Sphere of Influence Ex-Officio Planning Commissioner Alan "Drew" Sasser, expressed their gratitude to the City Council for their support and the opportunity to serve the community.

Mayor Ulloa
Mayor Ulloa reported on the following meetings and events including Omnitrans Plans and Programs Committee meeting and the Heman G Stark Property Ad-hoc Committee meeting.

Mayor Pro Tem Burton
Mayor Pro Tem Burton reported on the following meetings and events including Chino Basin Desalter Finance Committee Board meeting; Orbis meeting at Crosspoint Church; Southern California Water Coalition Board of Trustees meeting; Chino Valley Historical Society meeting; City Manager meeting; Animal Resource Center meeting; League of California Cities Conference; Run for Russ 5K; Tres Hermanos Ranch tour; Water Facilities Authority Orientation and tour; and City Manager meeting.

Council Member Comstock
Council Member Comstock reported on the following meetings and events including City Manager meeting; meeting with a resident; CSPR Commission meeting; Chino Valley Unified School District Measure G Oversight meeting, where new legislation impacting school districts was discussed related to development impact fees and asked Assistant City Manager Melendez to review this legislation; City Manager meeting; and Closed Session.

Council Member Flores
Council Member Flores reported on the following meetings and events including Bevy Beans Coffee Grand Opening; congratulated All American Car Wash on the Grand Opening of their Grand/Pipeline location; thanked residents for coming forward to speak at tonight's council meeting; and requested the Animal Resource Center agenda be posted to the City's website.

Council Member Lucio
Council Member Lucio reported on the following meetings and events including a meeting with Erren O'Leary regarding the proposed Community Building at The Preserve; City Manager meeting; Heman G. Stark Property Ad-hoc Committee meeting; Run for Russ 5K; City Manager meeting; Closed Session; and thanked the non-profit organizations who spoke regarding the fireworks ordinance.

City Manager's Report
Assistant City Manager Melendez had no report.

City Attorney's Report
City Attorney Galante provided information regarding SB 937, to address Council Member 27 CHINO CITY COUNCIL
FEBRUARY 4, 2025 7
Comstock's inquiry regarding legislation related to development impact fees and school districts.

Police Chief's Report
Police Chief Mensen thanked Run for Russ participants, the Public Works Department, and the Kiwanis Club for their support, and spoke regarding the Police Department's efforts related to traffic safety.

Director's Report
Hye Jin Lee, Director of Public Works, provided an update on the windstorm recovery; announced residents north of Chino Avenue are asked to conserve water from February 12-25 due to possible water service interruptions related to the Metropolitan Water District works on the Rialto feeder pipeline, she also noted the City has secured additional water sources from the City of Ontario and Upland if needed; announced CalRecycle will be conducting audits from February 3-6, as part of their Flip the Lid Program to survey for recycling of organics, but no tickets will be issued; and reported on the City's efforts to deter illegal dumping with the installation of signage, cameras and flood lights in some alleys, and partnerships with Code Enforcement and the Police Department have been established to help prosecute offenders.

Fire Chief's Report
Fire Chief Dave Williams announced the Chino Valley Fire District Administrative Office front counter will be closed on Fridays, however, appointments still can be made in advance by the end of the business day on Wednesdays.

ADJOURN
The meeting adjourned at 8:01 p.m. The next Regular Meeting of the City Council will be held on Tuesday, February 18, 2025 at 6:00 p.m. (Closed Session no earlier than 4:00 p.m. if necessary) in these Council Chambers.

APPROVED AND ADOPTED THIS 18TH DAY OF FEBRUARY 2025.
________________________________
EUNICE M. ULLOA, MAYOR
ATTEST:
________________________________

NATALIE GONZAGA, CITY CLERK
**************************************************
(These minutes are not official until signed.)
28 CHINO CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

CHINO PLANNING COMMISSION

CHINO COMMUNITY SERVICES, PARKS & RECREATION COMMISSION

CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY, JANUARY 14, 2025
5:00 P.M.

MINUTES

CALL TO ORDER
The January 14, 2025, Special Joint Meeting of the Chino City Council / Successor Agency to the Redevelopment Agency and Planning Commission was called to order at 5:00 p.m. in the Council Chambers.

ROLL CALL – CITY COUNCIL

Present: Mayor Eunice M. Ulloa, Mayor Pro Tem Curtis Burton, Council Members Karen C. Comstock, Christopher Flores, and Marc Lucio.

Absent: None.

ROLL CALL – PLANNING COMMISSION

Present: Chairperson Jimmy Alexandris, Vice Chairperson Lissa Fraga, Commission Members Brandon Blanchard, Kevin Cisneroz, Steve Lewis, Lawrence Vieira.

Absent: Commissioner Vicent Lopez.

COMMUNITY SERVICES, PARKS & RECREATION COMMISSION
A quorum of the Community Services, Parks, and Recreation Commissioners was not present.

Vice Chairperson Neal Jerry and Commissioners Julissa Montenegro-Olivas and Linda Takeuchi were in attendance and participated in the training.

PUBLIC COMMUNICATIONS
There were no requests to speak.

TRAINING

1. Workplace Violence Prevention Training. Presentation of Workplace Violence Prevention Training in accordance with SB 553, to enhance workplace safety and reduce the risk of violence (1 Hour).

Consultants Steven Wilmes and Matt Kieta conducted Workplace Violence Prevention Training. 29 CHINO CITY COUNCIL
JANUARY 14, 2025 MINUTES 2
A brief recess break was taken between the training sessions.

2. AB1234 Local Ethics Training. Presentation of Ethics and Public Service, the Laws and Principles of AB 1234, required training for local officials (2 Hours).

Fred Galante, City Attorney, conducted AB1234 Local Ethics Training.

ADJOURN
The Special Joint Meeting of the City Council and Planning Commission adjourned at 8:05 p.m.

The next Regular Meeting of the City Council will be held on Tuesday, January 21, 2025 at 6:00 p.m. in these Council Chambers. The next Regular Meeting of the Planning Commission will be held on Wednesday, February 19, 2025 at 6:00 p.m. in these Council Chambers.

APPROVED AND ADOPTED BY THE CHINO CITY COUNCIL THIS 18th DAY OF FEBRUARY 2025.

EUNICE M. ULLOA, MAYOR
ATTEST:

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

CITY OF CHINO

ADMINISTRATION DEPARTMENT
CITY COUNCIL MEETING DATE: FEBRUARY 18, 2025
TO: LINDA REICH, CITY MANAGER
FROM: NATALIE GONZAGA, CITY CLERK

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

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

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

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:
 Superior Customer Service
 Responsible Long-Range Planning
 Exemplary Leadership
 Public Service Excellence through Internal and External Partnerships Revenue: Expenditure: 1002000-43320
Transfer In: Transfer Out:
31 CITY COUNCIL MEETING DATE: FEBRUARY 18, 2025
TITLE: ELECTED CITY OFFICIALS’ REPORT REGARDING TRAVEL, TRAINING, AND MEETINGS.

PAGE: 2

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

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

Attachment – Exhibit A
32 Event Date Meeting Purpose
and Subject Matter
Location City Official
Attendees
None.
33 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT
CITY COUNCIL MEETING DATE: FEBRUARY 18, 2025
TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: LINDA REICH, CITY MANAGER

SUBJECT
..titl e
Report on Priority State and Federal Legislative Issues. ..end

RECOMMENDATION
Receive and file the February 18, 2025 Priority Legislative Items Report, the Tracked State Legislation Report, and the Report on City Position Letters. ..body

FISCAL IMPACT
There is no fiscal impact.

PAGE: 2

BACKGROUND
On April 2, 2024, the City Council adopted the Citywide Legislative Policy, which details guiding principles organized around respective legislative, policy, and regulatory matters. It supplements the Citywide Strategic Plan to build an effective and flexible legislative advocacy strategy.

The Policy authorizes Staff to formulate and approve official City responses for those legislative items with potentially significant impact on the City or that create an issue of timeliness for an official response, with the qualification that the position is determined to be consistent with the City’s legislative policy.

Per the Policy, the Committee or Staff is to report to the City Council on any updates, recommendations, or actions taken by the Committee or Staff.

ISSUES/ANALYSIS
The Priority Legislative Items Report includes legislative and government relations issues of note to the City (Attachment 1).

The Tracked State Legislation Report (Attachment 2) usually reflects the City's position on active bills being tracked during the current state legislative session. However, because this is the first year of the 2025-26 legislative session and the bill introduction deadline is not until February 21, there is no report this month.

The Report on City Position Letters is found in Attachment 3. 35 1
CITY OF CHINO – MAJOR LEGISLATIVE ITEMS REPORT (Attachment 1) As of February 18, 2025

INFORMATIONAL ITEMS
Federal Update
• FY 2025 Federal Budget – The federal budget continuesto operate at FY 2024 levels through March 14, 2025, under a continuing resolution. There is an ongoing disagreement between the House Republicans and Senate Republicans over the approach to budget reconciliation, with the House Republicans proposing a single bill that combines spending cuts and policy changes while the Senate Republicans push for two bills, which they believe improves the likelihood of passage.

Key unresolved issues among Republicans remain around spending cuts, with some Republican hardliners requiring cuts of $2.5 trillion while other Republicans argue that large cuts will negatively impact their ability to fund their agenda; state and local tax deduction caps; and the debt ceiling suspension being pushed by President Trump.
• Federal Funding - There is uncertainty and confusion regarding federal funding for a wide variety of programs following the release of a January 27 Office of Management and Budget (OMB) memo that paused federal financial obligations and disbursements while programs were being reviewed for alignment with the President’s executive orders. The Administration later stated that Medicare, Social Security, and Medicaid were exempt. The memo was subsequently rescinded on January 29 in response to a legal challenge. In response to a lawsuit filed by 22 states, which argued that freezing these funds without congressional approval exceeds executive authority, a judge halted the funding freeze on January 31. A temporary restraining order was issued by another judge, preventing agencies from pausing or terminating grant funding. • President Trump’s Administration –
o Executive Orders – As of February 6, President Trump has signed over 50 Executive Orders.

The list can be found here.
o Cabinet – As of February 7, the Senate had confirmed 12 of the President’s 22 cabinet appointees. The full Senate is scheduled to consider the nominations of Tulsi Gabbard as Director of National Intelligence, Robert F Kenndy Jr. as head of Health and Human Services, Robert Lutnick for Commerce Committee, and Kelly Loeffler to head the Small Business Administration in the coming week. The list of nominees can be found here.

State Update
• 2025-26 Legislative Session - While numerous bills have already been introduced, 876 to date as of February 7, it is expected that the majority will be available for City review after the February 21 bill introduction deadline. A report of legislation tracked by the City of Chino will be provided following that date.

TRACKED STATE LEGISLATION REPORT (Attachment 2)
There is no Tracked State Legislation Report this month. The report will be provided after the February 36 2
21 bill introduction deadline.

POSITION LETTERS (Attachment 3)
The City sent a letter to Senator Susan Rubio requesting an audit of the California Institution for Men by the Joint Legislative Audit Committee.

CHINO CITY COUNCIL LEGISLATIVE POLICY COMMITTEE MEETING The next meeting of the Legislative Policy Committee is scheduled for Thursday, February 27, 2025, at 4:00 p.m. in Council Chambers.

STATE LEGISLATIVE CALENDAR
 Feb. 21 – Last day for bills to be introduced
 Apr. 10 – Spring Recess begins upon adjournment
 Apr. 21 – Legislature reconvenes from Spring Recess
37 1
TRACKED STATE LEGISLATION REPORT (Attachment 2)
As of February 18, 2025
The Tracked State Legislation Report (Attachment 2) usually reflects the City's position on active bills being tracked during the current state legislative session. However, because this is the first year of the 2025-26 legislative session and the bill introduction deadline is not until February 21, there is no report this month.
38 1
POSITION LETTERS (Attachment 3)
As of February 18, 2025
Attachment 3 includes City of Chino position letters on legislation and regulations submitted since the prior report. The attached letters were submitted on behalf of the City during this reporting period.
39 EUNICE M. ULLOA KAREN C. COMSTOCK
Mayor CHRISTOPHER FLORES

MARC LUCIO
Council Members
CURTIS BURTON DR. LINDA REICH
Mayor Pro Tem City Manager
CITY of CHINO
13220 Central Avenue, Chino, California 91710
Mailing Address: P.O. Box 667, Chino, California 91708-0667 (909) 334-3250 • (909) 334-3720 Fax
Web Site: www.cityofchino.org
January 21, 2025
The Honorable Susan Rubio
California State Senate, District 22
1021 O St., Suite 8710
Sacramento, CA 95814
Subject: Request for Audit of the California Institution for Men by the Joint Legislative Audit Committee
Dear Senator Rubio,
I am writing to formally request that the Joint Legislative Audit Committee (JLAC) conduct a comprehensive audit of the California Institution for Men (CIM). This audit is essential to address persistent concerns regarding operational inefficiencies, staff safety, and the deteriorating state of the facility.

In November 2008, Inspector General David Shaw audited CIM, providing findings and recommendations. A consulting group, Vanderweil Facilities Advisors (VFA), concluded that CIM would require condemnation by 2014 unless proper funding were allocated to maintain and improve its infrastructure. At the time, the California Department of Corrections and Rehabilitation (CDCR) allocated approximately $4 million annually for maintenance and repairs. VFA estimated that $28 million annually would be required to maintain CIM’s infrastructure at a minimal level to prevent further degradation. The $28 million would not improve conditions but merely sustain the facility's already poor state.

Using the Facility Condition Index (FCI), VFA rated CIM’s infrastructure. In 2009, CIM’s FCI stood at

0.409, indicating poor condition. Without necessary funding, VFA projected the FCI to exceed 0.6 by 2014, at which point replacement—not repair—would be required. Despite these warnings, adequate funding has not been provided, and CIM's infrastructure continues to deteriorate more than 15 years later.

Recent discussions of budget cuts have exacerbated security concerns. Proposals to eliminate several positions within California State Prisons included the removal of CDCR guards from main gates, raising serious safety risks. This change would allow unrestricted access to the prison grounds, including one of CIM’s most vulnerable areas—the facility armory. Removing gate security from a facility that houses some of the state’s most dangerous criminals is alarming and compromises public safety. 40 The Honorable Susan Rubio
January 21, 2025, p.2
CIM has a long history of security challenges. In 1983, Kevin Cooper escaped through a fence and subsequently committed multiple murders. More recently, in 2018, Michael Garrett escaped due to a defective fence that had remained unrepaired for over a decade. The escape exposed flaws in CIM’s response protocols. Garrett was eventually apprehended nearly 100 miles away in Encinitas.

The prison's aging infrastructure and limited security features have also posed ongoing risks to public safety. CIM has experienced numerous riots, the most severe occurring in August 2009, involving over 1,300 inmates. The riot resulted in extensive damage to housing units, fires, and over 200 inmate injuries, though no inmates escaped, and staff remained unharmed. This incident further demonstrated CIM’s difficulties in maintaining order and safety in an under-resourced facility.

IM was built in 1941 to relieve overcrowding in other state prisons and serve as the nation’s first minimum-security facility, focusing on rehabilitation. However, it now houses 46 condemned inmates transferred due to safety concerns at San Quentin State Prison. CIM was never intended to house condemned inmates and lacks the appropriate infrastructure for this purpose.

In 2017, Assembly Member Freddie Rodriguez introduced Assembly Bill 2028, which aimed to require regular security audits and develop plans to address identified deficiencies. Governor Brown vetoed the bill, citing the ongoing security audits conducted by the Office of Audits and Court Compliance.

However, these audits have not sufficiently addressed the significant security issues at CIM. In a letter to Acting Secretary Diaz, Assembly Member Rodriguez documented his firsthand observations of the prison’s deteriorating infrastructure, security deficiencies, unnavigable roads, and failing plumbing, all of which pose health and safety risks to inmates and staff.

Given these ongoing safety, operational, and infrastructure challenges, I urge JLAC to thoroughly audit the California Institution for Men. A comprehensive review will provide transparency, identify critical areas for improvement, and ensure that CIM can operate safely and effectively to protect the community and those within the facility.

Thank you for your attention to this matter. Please do not hesitate to contact me if further information is required.

Sincerely,
Eunice Ulloa
Mayor
cc: Chino City Council Members
41 42
43 MEMORANDUM

CITY OF CHINO

FINANCE DEPARTMENT
CITY COUNCIL MEETING DATE: FEBRUARY 18, 2025
TO: LINDA REICH, CITY MANAGER
FROM: NADYNE LOWRY, ACTING DIRECTOR OF FINANCE

SUBJECT
..titl e
Annual Adoption of City of Chino and Successor Agency Investment Policy. ..end

RECOMMENDATION
Adopt City Resolution No. 2025-009 and Successor Agency Resolution No. 2025-001 containing the City of Chino and Successor Agency Statement of Investment Policy and delegating authority to the City Treasurer.
..body

FISCAL IMPACT
An active Investment Policy is required for the City Treasurer to have authority to invest available funds to maximize earnings within the constraints of the law.

Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 44 CITY COUNCIL MEETING DATE: FEBRUARY 18, 2025
TITLE: ANNUAL ADOPTION OF CITY OF CHINO AND SUCCESSOR AGENCY INVESTMENT POLICY.

PAGE: 2

BACKGROUND
The City will invest cash balances in conformance with the California Government Code and the three main investment objectives are safety, liquidity and yield. The City will adhere to the prudent investor standard and best practices in Treasury Management. California Government Code Section 53600 et seq. authorizes the investment of public funds and establishes permitted investment parameters for local governments. Chino’s annual Statement of Investment Policy (attached) defines the suitable and authorized investments specifically for Chino, which may be more restrictive than the State Code, but can never be less restrictive than the State Code.

Additionally, the Investment Policy serves as a guide for setting and achieving Chino’s particular investment objectives and defines the overall guidelines for management of the portfolio.

ISSUES/ANALYSIS
The policy is reviewed each year for compliance with any changes in State Code. The changes to the policy stem from legislative updates and review notes from the California Municipal Treasurers Investment Policy Certification Program. Section 8 of the policy has been updated to reflect the table (Figure 1) approved by State legislation through the California Debt and Investment Commission's (CDIAC) Local Agency Investment Guidelines (LAIG). Figure 1 includes all the authorized investments, while the City retains all the discretionary authority on which investments to consider.

The updated Investment Policy was presented to the Investment Advisory Committee on February 11, 2025 and was recommended for approval by the Committee. The Investment Policy is then presented to the City Council for adoption. City Council last acted on the Investment Policy on February 20, 2024. State Law requires an active policy for the entire fiscal year. Staff is recommending adoption of the resolutions adopting the City of Chino Statement of Investment Policy.

Attachments: City Resolution No. 2025-009
Successor Agency Resolution No. 2025-001
Statement of Investment Policy
45 RESOLUTION NO. 2025-009

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

CALIFORNIA, ADOPTING A STATEMENT OF INVESTMENT

POLICY AND DELEGATING AUTHORITY TO THE CITY
TREASURER.

WHEREAS, on February 20, 2024, the City Council of the City of Chino last adopted the Statement of Investment Policy; and
WHEREAS, California Government Code Section 53600 et seq. governs the investment of public funds by local governments; and
WHEREAS, pursuant to California Government Code Section 53607, the City Council of the City of Chino has delegated its investment authority under California Government Code Section 53601 to the City Treasurer.

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

Section 1. The City Council does hereby adopt the attached Exhibit A containing the Statement of Investment Policy effective immediately and ending June 30, 2026.

Section 2. Any and all prior resolutions adopting a Statement of Investment Policy for the City of Chino shall be hereby rescinded.

Section 3. The City Council designates the Director of Finance as the City Treasurer.

Section 4. The City Council, of the City of Chino, California pursuant to Government Code Section 53607, hereby delegates to the City Treasurer of the City of Chino the authority of the City Council to invest or to reinvest funds of the City, or to sell or exchange securities so purchased, until such time as the delegated authority is revoked.

Section 5. The City Treasurer shall hereafter assume full responsibility for those transactions relating to the investment or the reinvestment of City funds, and the sale or exchange of securities so purchased until the delegation of this authority is revoked or expires. The authority so delegated shall comply with the provisions of State of California law, including California Government Code Section 53601, and the Investment Policy.

Section 6. The City Treasurer shall render to the City Council and to the Investment Advisory Committee a Statement of Investment Policy each year which shall be considered for adoption by the City Council no later than its second regular meeting in February of each year. Any changes to said policy shall be considered by the City Council at such a public meeting.

Section 7. The City Treasurer shall report to the City Council, City Manager and the City’s Auditors as required by the Statement of Investment Policy and all applicable laws. 46 RESOLUTION NO. 2025-009
PAGE 2
APPROVED AND ADOPTED THIS 18th day of February 2025.

By:

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 foregoing Resolution was duly adopted by the City Council of the City of Chino at a regular meeting held on the 18th day of February 2025 by the following votes:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

By: _______________________________

NATALIE GONZAGA, CITY CLERK
47 SUCCESSOR AGENCY RESOLUTION NO. SA 2025-001

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

CALIFORNIA, AS SUCCESSOR AGENCY TO THE CHINO

REDEVELOPMENT AGENCY OF THE CITY OF CHINO,

CALIFORNIA, ADOPTING A STATEMENT OF INVESTMENT
POLICY AND DELEGATION OF CITY TREASURER DUTIES.

WHEREAS, on February 20, 2024, the City Council of the City of Chino as Successor Agency to the Chino Redevelopment Agency of the City of Chino (“Successor Agency”) last adopted the Statement of Investment Policy; and
WHEREAS, California Government Code Section 53600 et seq. governs the investment of public funds by local governments; and
WHEREAS, pursuant to California Government Code Section 53607, the City Council of the City of Chino has delegated its investment authority under California Government Code Section 53601 to the City Treasurer.

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

Section 1. The City Council does hereby adopt the attached Exhibit A containing the Statement of Investment Policy effective immediately and ending June 30, 2026.

Section 2. Any and all prior resolutions adopting a Statement of Investment Policy for the City of Chino shall be hereby rescinded.

Section 3. The City Council designates the Director of Finance as the City Treasurer.

Section 4. The City Council pursuant to Government Code Section 53607, hereby delegates to the City Treasurer of the City of Chino the authority of the City Council to invest or to reinvest funds of the Successor Agency, or to sell or exchange securities so purchased, until such time as the delegated authority is revoked.

Section 5. The City Treasurer shall hereafter assume full responsibility for those transactions relating to the investment or the reinvestment of Successor Agency funds, and the sale or exchange of securities so purchased until the delegation of this authority is revoked or expires.

The authority so delegated shall comply with the provisions of State of California law, including California Government Code Section 53601, and the Investment Policy.

Section 7. The City Treasurer shall report to the City Council, the City Manager and the City’s Auditor as required by the Statement of Investment Policy and all applicable laws. 48 SUCCESSOR AGENCY RESOLUTION NO. SA 2025-001
PAGE 2
APPROVED AND ADOPTED THIS 18th day of February 2025.

By:

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 foregoing Resolution was duly adopted by the City Council of the City of Chino as Successor Agency to the Chino Redevelopment Agency of the City of Chino at a regular meeting held on the 18th day of February 2025 by the following votes:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

By: _______________________________

NATALIE GONZAGA, CITY CLERK
49 Exhibit A – City of Chino Investment Policy

Page 1 ends

CITY OF CHINO

STATEMENT OF INVESTMENT POLICY
ADOPTED FEBRUARY 18, 2025

1.0 POLICY:

This statement is intended to provide guidelines for the prudent investment of the temporarily idle cash of the City of Chino (City) and outline the policies for maximizing the efficiency of the City's cash management system. The goal is to enhance the economic status of the City, while protecting the investment corpus of pooled cash in accordance with applicable local, state, and federal laws.

2.0 SCOPE:

This investment policy applies to all financial assets and investment activities of the City, except for proceeds of debt issuance. Debt proceeds shall be invested in accordance with the "Permitted Investments" and/or investment provisions for each specific bond indenture and/or bond document.

The Policy applies to the following funds and is accounted for in the City's annual audited financial statements.

A. General Fund
B. Special Revenue Funds
C. Debt Service Funds
D. Capital Improvement Funds
E. Enterprise Funds
F. Internal Service Funds
G. Successor Agency Funds
H. Any joint powers authority funds

3.0 STANDARDS OF PRUDENCE:

The City Treasurer, Deputy City Treasurer, or Designee authorized to make investment decisions on behalf of the City of Chino investing public funds pursuant to this policy are trustees and, therefore, fiduciaries subject to the prudent investor standard. When investing, reinvesting, purchasing, acquiring, exchanging, selling, and managing public funds, the City Treasurer or Deputy City Treasurer shall act with care, skill, prudence, and diligence under the circumstances then prevailing, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency. Within the limitations of this section and considering individual 50 Exhibit A – City of Chino Investment Policy

Page 2 ends

investments as part of an overall strategy, the City Treasurer or a Deputy City Treasurer is authorized to acquire investments as authorized by law.

4.0 INVESTMENT OBJECTIVES:

When investing, reinvesting, purchasing, acquiring, exchanging, selling, and managing public funds, the primary objective of the City Treasurer or Deputy City Treasurer shall be to safeguard the principal of the funds under its control. The secondary objective shall be to meet the liquidity needs of the City. The third objective shall be to achieve a market average rate of return consistent with the primary objectives of safety and liquidity, throughout budgetary and economic cycles.

At no time should safety or liquidity be compromised in exchange for higher yields.

1. Safety: The preservation of invested capital (principal) is of primary importance. The City Treasurer or a Deputy City Treasurer shall only invest in investments that are considered safe. The safety and risk associated with an investment refers to the potential loss of principal, accrued interest, or a combination of these amounts. Each investment decision shall seek to ensure that capital losses are avoided.

2. Liquidity: The City's investment portfolio shall contain investments with a diversified mix of maturities in order to provide sufficient liquidity to meet projected operating cash requirements of the City.

3. Return on Investments: The City's investment portfolio shall be designed with the objective of obtaining a reasonable and competitive market rate of return throughout budgetary and economic cycles, taking into consideration risk constraints, prudent investment principles, and the cash flow characteristics of the portfolio

5.0 DELEGATION OF AUTHORITY:

The authority to invest City funds is vested in the City Treasurer as adopted by resolution of the City Council or Agency of the City of Chino. All investment decisions and investment of funds shall be made in full compliance with this policy, the California Government Code Sections 53600 et.seq. and all other relevant state and federal requirements as well as any amendments or additions to such requirements.

Management responsibility for the investment of City funds is vested in the City Treasurer who shall prepare written procedures for the operation of the investment program and safekeeping of 51 Exhibit A – City of Chino Investment Policy

Page 3 ends

investment instruments consistent with this investment policy. The written procedures may provide forthe delegation of authority to a designee or Deputy City Treasurer who, upon assuming such office, shall become responsible for investment transactions. No person may engage in an investment decision except as permitted by this policy and by the procedures promulgated by the City Treasurer. Prior to implementing such procedures, the City Treasurer shall submit them to the City Council for approval.

The Investment Advisory Committee is hereby established, and it is vested with the authority to oversee the implementation of this policy and to recommend amendments of this policy to the City Council. The Committee is composed of two City Council Members, the City Manager, the City Treasurer, the Deputy City Treasurer, and one alternate City Council Member who shall serve only in the absence of the regular City Council Members. The Committee shall meet once every quarter and at such other times as may be called by the City Treasurer or either City Council Member. The City Treasurer shall be the chair of the Committee. The Committee may recommend the employment of a qualified investment advisor whose employment shall be determined by the City Council. The investment advisor shall advise the City Treasurer, the Committee and the City Council.

6.0 ETHICS AND CONFLICTS OF INTEREST:

Elected officials and employees of the City involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial decisions under the Political Reform Act and Government Code Section 1090 st esq. Elected officials and employees shall disclose to the City Manager any material interests in financial institutions that conduct business with the City, and they shall further disclose any personal investment position or financial asset that could be related to the performance of the City's investment program. Elected officials and employees shall subordinate their personal investment transactions to those of the City particularly with regard to the time of purchases and sales. Any firm proposing to provide any type of investment service to the City shall acknowledge their familiarity with the provisions of the Political Reform Act, Government Code Section 81000 et seq. and CA Code of Regulations 18110 et seq. and the provisions limiting contractual conflicts of interest under Government Code Section 1090 et seq.

Any firm proposing to provide any type of investment service to the City shall also acknowledge their familiarity with and agree to abide by any Federal or State law, regulation, rule or policy pertaining to or limiting campaign contributions by such firms, their employees, spouses or agents.

All persons, firms, broker/dealers, financial institutions and advisors providing investment services or bond issue assistance shall disclose to the City Manager and the Treasurer all fee-sharing, fee52 Exhibit A – City of Chino Investment Policy

Page 4 ends

splitting and commission arrangements with other entities or persons prior to the City agreeing to buy an investment or issue bonds.

7.0 AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS:

The City Treasurer shall select all security dealers and depositories subject to City Council approval.

The City shall conduct its investment transactions with several competing, reputable security broker/dealers. These may include “primary” dealers or regional dealers that qualify under Securities & Exchange Commission Rule 15C3-1 (uniform net capital rule). The selection process shall focus on financial viability, knowledge, experience, and ethics in the fixed-income securities industry. The City Treasurer will maintain a list and a written agreement with financial institutions authorized to provide investment services subject to City Council approval.

All financial institutions and broker/dealers who desire to become qualified bidders for investment transactions must supply the City Treasurer with the following: audited financial statements, proof of Financial Industry Regulatory Authority (FINRA) or National Association of Securities Dealers (NASD) certification, proof of state registration, completed broker/dealer questionnaire, and certification of having read the City's investment policy and depository contracts. The City Treasurer will conduct periodic reviews of the financial condition and registrations of qualified bidders.

8.0 AUTHORIZED AND SUITABLE INVESTMENTS:

Authorized and suitable investments shall mean and include any of the following securities to the extent the same are permitted by applicable federal and state code under 53601 and 53601.6. The City is empowered by statute to invest in the following types of securities included in the Local Agency Investment Guidelines (LAIG) Figure 1 below. The Table of Notes for Figure 1 is provided for footnotes related to this figure.

No investment shall be made that is prohibited by law. Thus, no investments are authorized in inverse floaters, range notes, interest-only strips that are derived from a pool of mortgages, nor in any other investment that could result in zero interest if held to maturity, unless, if issued or backed by the United States Government in the event of, and for the duration of, a period of negative market interest rates.
(See Figure 1 on following pages)
53 Exhibit A – City of Chino Investment Policy

Page 5 ends

FIGURE 1

ALLOWABLE INVESTMENT INSTRUMENTS PER STATE GOVERNMENT CODE (AS OF JANUARY 1, 2025)A APPLICABLE TO ALL LOCAL AGENCIESB
See “Table of Notes for Figure 1” for footnotes related to this figure.

TYPE MAXIMUM

MATURITYC

MAXIMUM

SPECIFIED
% OF

PORTFOLIOD

MINIMUM

QUALITY

REQUIREMENTS
GOV'T
CODE

SECTIONS
Local Agency Bonds 5 years None None 53601(a)
U.S. Treasury Obligations 5 years None None 53601(b)
State
Obligations—
CA And Others
5 years None None
53601(c)
53601(d)
CA Local Agency Obligations 5 years None None 53601(e)
U.S Agency Obligations 5 years None None 53601(f)
Bankers’ Acceptances 180 days 40%E None 53601(g)
Commercial Paper—NonPooled FundsF (under
$100,000,000 of
investments)
270 days or
less
25% of the
agency’s
moneyG
Highest letter and
number rating by an
NRSROH 53601(h)(2)(c)
Commercial Paper—NonPooled FundsI (min.
$100,000,000 of
investments)
270 days or
less
40% of the
agency’s
moneyG
Highest letter and
number rating by an
NRSROH 53601(h)(2)(c)
Commercial
Paper— Pooled
FundsJ
270 days or
less
40% of the
agency’s
moneyG
Highest letter and
number rating by an
NRSROH
53635(a)(1)
Negotiable Certificates of
Deposit
5 years 30%K None 53601(i)
Non-negotiable Certificates
of Deposit
5 years None None 53630 et seq.

Placement Service
Deposits 5 years 50%L None 53601.8 and 53635.8
Placement Service
Certificates of Deposit 5 years 50%L None 53601.8 and 53635.8 Repurchase Agreements 1 year None None 53601(j)
54 Exhibit A – City of Chino Investment Policy

Page 6 ends

FIGURE 1 (continued)

ALLOWABLE INVESTMENT INSTRUMENTS PER STATE GOVERNMENT CODE (AS OF JANUARY 1, 2025)A APPLICABLE TO ALL LOCAL AGENCIESB
See “Table of Notes for Figure 1” for footnotes related to this figure.

TYPE MAXIMUM

MATURITYC

MAXIMUM

SPECIFIED
% OF

PORTFOLIOD

MINIMUM

QUALITY

REQUIREMENTS
GOV'T
CODE

SECTIONS
Reverse Repurchase
Agreements and Securities
Lending Agreements
92 daysM
20% of the base
value of the
portfolio
NoneN53601(j)
Medium-Term NotesO
5 years or
less 30%
“A” rating
category or its
equivalent or
better
53601(k)
Mutual Funds and
Money Market Mutual
Funds
N/A 20%P MultipleQ, R
53601(l) and
53601.6(b)
Collateralized Bank
DepositsS 5 years None None
53630 et
seq. and
53601(n)
Mortgage Pass–Through
and Asset–Backed
SecuritiesT
5 years or
lessT
20%
“AA” rating
category or its
equivalent or
betterT
53601(o)
County Pooled Investment
Funds N/A None None 27133
Joint Powers Authority Pool N/A None MultipleU53601(p)
Local Agency Investment
Pool (LAIF)
N/A None None 16429.1
Voluntary Investment
Program FundV N/A None None 16340
Supranational ObligationsW 5 years or
less 30%
“AA” rating
category or its
equivalent or better
53601(q)
Public Bank Obligations 5 years None None 53601(r),
53635(c) and
57603
55 Exhibit A – City of Chino Investment Policy

Page 7 ends

9.0 REVIEW OF INVESTMENT PORTFOLIO: TABLE OF NOTES FOR FIGURE 1 A Sources: Sections 16340, 16429.1, 27133, 53601,
53601.6, 53601.8, 53630 et seq., 53635, 53635.8,
and 57603.

B Municipal Utilities Districts have the authority under the Public Utilities Code Section 12871 to invest in
certain securities not addressed here.

C Section 53601 provides that the maximum term of
any investment authorized under this section, unless
otherwise stated, is five years from the settlement
date. However, the legislative body may grant express
authority to make investments either specifically or
as a part of an investment program approved by the
legislative body that exceeds this five year remaining maturity limit. Such approval must be issued no less than three months prior to the purchase of any
security exceeding the five-year maturity limit.

D Percentages apply to all portfolio investments regardless of source of funds. For instance, cash from a reverse repurchase agreement would be subject to
the restrictions.

E No more than 30% of the agency’s money may be in
bankers’ acceptances of any one commercial bank.

F Applies to local agencies, other than counties or a
city and county, with less than $100 million of investment assets under management. Includes agencies defined as a city, a district, or other local agency that do not pool money in deposits or investment with
other local agencies, other than local agencies that
have the same governing body.

G Local agencies, other than counties or a city and
county, may purchase no more than 10% of the outstanding commercial paper and medium-term notes of any single issuer.

H
Issuing corporation must be organized and operating
within the U.S., have assets in excess of $500 million, and debt other than commercial paper must be in a
rating category of "A" or its equivalent or higher by a nationally recognized statistical rating organization, or the issuing corporation must be organized within the U.S.
as a special purpose corporation, trust, or LLC, have
program wide credit enhancements, and have commercial paper that is rated “A-1” or higher, or the equivalent, by a nationally recognized statistical rating organization.

I Applies to counties or a city and county, and the City of Los Angeles that have $100 million or more of
investment assets under management.

J
Includes agencies defined as a county, a city and
county, or other local agency that pools money in
deposits or investments with other local agencies,
including local agencies that have the same governing body. Local agencies that pool exclusively with other local agencies that have the same governing
body must adhere to the limits set forth in Section
53601(h)(2)(C).

K No more than 30% of the agency’s money may be in
negotiable certificates of deposit that are authorized
under Section 53601(i).

L Effective January 1, 2020, no more than 50% of
the agency’s money may be invested in deposits,
including certificates of deposit, through a placement service as authorized under 53601.8 (excludes negotiable certificates of deposit authorized under
Section 53601(i)). On January 1, 2026, the maximum
percentage of the portfolio reverts back to 30%. Investments made pursuant to 53635.8 remain subject to a maximum of 30% of the portfolio.

M Reverse repurchase agreements or securities lending
agreements may exceed the 92-day term if the agreement includes a written codicil guaranteeing a minimum earning or spread for the entire period between the sale of a security using a reverse repurchase
agreement or securities lending agreement and the
final maturity dates of the same security.

N Reverse repurchase agreements must be made with
primary dealers of the Federal Reserve Bank of New
York or with a nationally or state chartered bank that
has a significant relationship with the local agency.

The local agency must have held the securities used
for the agreements for at least 30 days.

O
“Medium-term notes” are defined in Section 53601 as
“all corporate and depository institution debt securities with a maximum remaining maturity of five years or
less, issued by corporations organized and operating
within the United States or by depository institutions
licensed by the United States or any state and operating within the United States.” P No more than 10% invested in any one mutual fund.

This limitation does not apply to money market
mutual funds.

Q A mutual fund must receive the highest ranking by not less than two nationally recognized rating agencies
or the fund must retain an investment advisor who is
registered with the SEC (or exempt from registration),
has assets under management in excess of $500 million, and has at least five years' experience investing in instruments authorized by Sections 53601 and 53635.

R A money market mutual fund must receive the highest
ranking by not less than two nationally recognized
statistical rating organizations or retain an investment advisor registered with the SEC or exempt from registration and who has not less than five years' experience investing in money market instruments with assets under management in excess of $500 million.

S
Investments in notes, bonds, or other obligations
under Section 53601(n) require that collateral be
placed into the custody of a trust company or the trust department of a bank that is not affiliated with the
issuer of the secured obligation, among other specific
collateral requirements.

T Security types authorized under Section 53601(o)
that are issued or guaranteed by an issuer identified
in subdivisions (b) or (f), are not subject to the limitations placed on privately issued securities authorized in Section 53601(o)(2)(A)(B).

U A joint powers authority pool must retain an investment advisor who is registered with the SEC (or exempt from registration), has assets under management in excess of $500 million, and has at least five years' experience investing in instruments authorized
by Section 53601, subdivisions (a) to (o).

V Local entities can deposit between $200 million and
$10 billion into the Voluntary Investment Program
Fund, upon approval by their governing bodies.

Deposits in the fund will be invested in the Pooled
Money Investment Account.

W Only those obligations issued or unconditionally
guaranteed by the International Bank for Reconstruction and Development (IBRD), International Finance Corporation (IFC), and Inter-American Development
Bank (IADB), with a maximum remaining maturity of
five years or less.
56 Exhibit A – City of Chino Investment Policy

Page 8 ends

The securities held by the City must be in compliance with Section 8.0 Authorized and Suitable Investments at the time of purchase. Because some securities may not comply with Section

8.0 Authorized and Suitable Investments, subsequent to the date of purchase, the City should at least quarterly review the portfolio to identify those securities that do not comply. The City will report to the City Council and its committee any major and critical incidences of noncompliance identified as soon as possible for possible action.

10.0 INVESTMENT POOLS/MUTUAL FUNDS:

A thorough investigation of the pool/fund is required prior to investing, and on a continual basis.

Best efforts will be made to acquire the following information:

1. A description of eligible investment securities, and a written statement of investment policy and objectives.

2. A description of interest calculations and how it is distributed, and how gains and losses are treated.

3. A description of how the securities is safeguarded (including the settlement processes), and how often the securities are priced and the program audited.

4. A description of who may invest in the program, how often, and what size deposit and withdrawal are allowed.

5. A schedule for receiving statements and portfolio listings.

6. Are reserves, retained earnings, etc. utilized by the pool/funds?

7. A fee schedule, and when and how is it assessed.

8. Is the pool/fund eligible for bond proceeds and/or will it accept such proceeds?

11.0 COLLATERALIZATION:

All demand deposits, time deposits and repurchase agreements are to be fully collateralized with securities authorized by the California Government Code and the City. The eligible collateral for 57 Exhibit A – City of Chino Investment Policy

Page 9 ends

repurchase agreements must be those investments authorized by Section 53651 of the California Government Code. The City Treasurer may specify the type of eligible collateral for use in repurchase agreements. Eligible collateral must be in book entry form. Collateral is valued at current market plus accrued interest through the date of valuation to anticipate market changes and provide a level of security for all funds.

A) The cost value (book value) of collateral pledged for demand deposits must always be equal to or greater than the amount on deposit, plus accrued interest, in accordance with the following ratio:

U.S. Treasury Securities 110%
B) The cost value (book value) of collateral pledged for repurchase agreements must always be equal to or greater than the par amount, plus accrued interest, with the following ratios:

U.S. Treasury Securities 102%
U.S. Government Agencies 102%
Cash (in immediately available funds) 100%
It isthe policy ofthe City to require reports at least on a quarterly basisfrom institutions with which the City Treasurer has pledged security interest. The City Treasurer shall monitor the adequacy of collateralization to ensure that balances are collateralized in accordance with the ratios approved herein.

With regards to repurchase agreements, it is the policy of the City to initiate a margin call in the event pledged collateral falls below the appropriate ratio.

Collateralized investments and deposits often require substitution of collateral. Any broker or financial institution requesting substitution must contact the City through the City Treasurer, for approval in the event the counterparty to the transaction is not authorized under agreement with the City to make substitutions.

12.0 SAFEKEEPING AND CUSTODY:

All security transactions, including collateral for repurchase agreements, entered into by the City of Chino should be conducted on a delivery-versus-payment (DVP) basis. Securities will be held by a third-party custodian designated by the City Treasurer and evidenced by safekeeping receipts.

13.0 DIVERSIFICATION OF INVESTMENTS:
58 Exhibit A – City of Chino Investment Policy

Page 10 ends

The City Treasurer shall diversify its investments by security type, issuer and maturity as specified in Figure 1. The purpose of this diversification is to reduce portfolio risk by avoiding overconcentration in any maturity, sector, asset class, or specific issuer.

14.0 MAXIMUM MATURITIES
To the extent possible, the City will attempt to provide sufficient liquidity to meet cash flow needs for the City's expenditure requirements for a minimum of the next six months. The City will not directly invest in securities maturing more than five years from the date of settlement. Forward settlement on new issues is 45 days from the time of investment.

15.0 INTERNAL CONTROLS
The City Treasurer is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the City of Chino are protected from loss, theft, fraud or misuse.

Accordingly, the City Treasurer shall establish an annual process of independent review by an external auditor. This review will provide internal control by assuring compliance with policies and procedures.

16.0 PERFORMING STANDARDS
The investment portfolio shall be designed with the objective of obtaining a rate of return throughout budgetary and economic cycles, commensurate with the risk constraints and cash flow needs. The City's investment strategy is a laddered portfolio which is generally considered a buyand-hold strategy with the primary focus on receiving consistent income.

17.0 REPORTING:

The City Treasurer shall provide the City Council with monthly reports about the City's investments. These reports shall include, at a minimum, the following information for each type of investment held in the City's investment portfolio: the issuer; date of purchase; date of maturity; amount of investment; current market value; yield on investment; yield and total return on portfolio; income generated from investments; and a description of unusual investment activity or developments during the month for which the report is prepared. The City Treasurer shall prepare such a report for each month and shall deliver via email to the Mayor and each City Council Member within the following month.

18.0 INVESTMENT POLICY ADOPTION:

The City's Investment Policy shall be adopted annually by resolution by the City Council. The 59 Exhibit A – City of Chino Investment Policy

Page 11 ends

policy shall be reviewed annually by the City Treasurer and the City Council and any modifications made thereto shall be approved by the City Council.

19.0 GLOSSARY:

AGENCIES - Agencies of the Federal government set up to supply credit to various classes of institutions (e.g., S&L's, small business firms, students, farmers, housing agencies, etc.) Examples include Federal Home Loan Mortgage Corporation (FHLMC), Federal National Mortgage Association (FNMA), Federal Home Loan Bank (FHLB) and Federal Farm Credit Bank (FFCB).

BANKERS' ACCEPTANCE (BA)-A draft or bill of exchange accepted by a bank or trust company. The accepting institution guarantees payment of the bill as well as the issuer.

BOOK VALUE (COST VALUE) - The purchase price of the security as recorded on the City's books.

BROKER/DEALER - An individual or firm acting as principal in a securities transaction.

CALLABLES - Securities that the issuer has the right to redeem prior to maturity.

CERTIFICATE OF DEPOSIT (CD) - A time deposit with a specific maturity evidenced by a certificate. Large denomination CD's are typically negotiable.

COLLATERAL - Securities, evidence of deposit or other property which a borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies.

CORPORATE MEDIUM TERM NOTE -A security issued by a corporation doing business in the U.S. with a maturity not to exceed five years.

COST VALUE (BOOK VALUE) - The purchase price of the security as recorded on the City's books.

DELIVERY VS. PAYMENT - Delivery of securities with a simultaneous exchange of money.

DIVERSIFICATION - Dividing investment funds among a variety of securities offering independent returns.

FINANCIAL ADVISOR-A firm or bank that acts in a financial advisory capacity with respect to 60 Exhibit A – City of Chino Investment Policy

Page 12 ends

a new issue of municipal securities pursuant to a written contract.

INTERNAL RATE OF RETURN - Rate of return over the life of a security on variables.

LOCAL AGENCY INVESTMENT FUND (LAIF) - The aggregate of all funds from political subdivisions that are placed in the custody of the State Treasurer for investment and reinvestment.

MARKET VALUE - The price at which a security is trading, usually the liquidation value.

MASTER REPURCHASE AGREEMENT - A written contract covering all future transactions between the parties to repurchase-reverse, repurchase agreements that establishes each party's rights in the transactions. A master agreement will often specify, among other things, the right of the buyer-lender to liquidate the underlying securities in the event of default by the seller borrower.

MONEY MARKET MUTUAL FUNDS - Open-ended mutual fund that invests in commercial paper, banker's acceptances, repurchase agreements, government securities, certificates of deposit and other highly liquid and safe securities, and pays money market rates of interest. The fund's net asset value remains a constant $1 share, with the interest rate increasing or decreasing.

NATIONALLY RECOGNIZED STATISTICAL RATING ORGANIZATION
(NRSRO) - A rating organization designated by the SEC as being nationally recognized.

OFFER PRICE - The price at which a broker/dealer will offer securities to an investor.

OPEN MARKET OPERATIONS - Federal Reserve activity. Under the Federal Reserve Act, the Fed uses purchases and sales of Government and Federal Agency securities to add to or subtract from commercial bank reserves. Goals are to sustain economic growth, high employment and reasonable price stability.

PAPER GAIN OR LOSS - Term used for unrealized gain or loss on securities being held in a portfolio based on comparison of current market quotes and their original cost. This situation exists as long as the security is held while there is a difference between cost value (book value) and the market value.

PORTFOLIO - Collection of securities held by an investor.

PRIMARY DEALER - A group of government securities dealers that serve as trading counterparties of the New York Fed in its implementation of monetary policy. This role includes the obligations to: (i) participate consistently in open market operations to carry out U.S. monetary 61 Exhibit A – City of Chino Investment Policy

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policy pursuant to the direction of the Federal Open Market Committee (FOMC); and (ii) provide the New York Fed's trading desk with market information and analysis helpful in the formulation and implementation of monetary policy. Primary dealers are also required to participate in all auctions of U.S. government debt and to make reasonable markets for the New York Fed when it transacts on behalf of its foreign official account holders.

RATE OF RETURN - The yield obtainable on a security based, on its purchase price or its current market price. This may be the amortized yield to maturity, on a bond, the current income return.

REPURCHASE AGREEMENT (REPO) - A holder of securities sells these securities to an investor with an agreement to repurchase them at a fixed price on a fixed date. The security "buyer" in effect lends the "seller" money for the period of the agreement, and the terms of the agreement are structured to compensate them for this.

REVERSE REPURCHASE AGREEMENT (REVERSE REPO) - A reverse - repurchase agreement (reverse repo) involves an investor borrowing cash from a financial institution in exchange for securities. The investor agrees to repurchase the securities at a specific date for the same cash value plus an agreed upon interest rate. Although the transaction is similar to repo, the purpose of entering into a reverse repo is quite different. While a repo is a straightforward investment of public funds, the reverse repo is a borrowing.

SAFEKEEPING - The service provided by banks and trust companies for clients when the bank or trust company stores the securities, takes in coupon payments, and redeems issues at maturity.

SECURITIES & EXCHANGE COMMISSION (SEC) - Agency created by Congress to protect investors in securities transactions by administering securities legislation.

SEC RULE 15(C)3 -1- See Uniform Net Capital Rule.

V
W

62 MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT
CITY COUNCIL MEETING DATE: FEBRUARY 18, 2025
TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, PUBLIC WORKS DIRECTOR

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

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

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

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

Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 63 CITY COUNCIL MEETING DATE: FEBRUARY 18, 2025
TITLE: AMENDMENTS TO SUBDIVISION IMPROVEMENT AGREEMENTS FOR TRACT MAP NOS. 20446 & 20446-1 (BLOCK 3) IN THE PRESERVE.

PAGE: 2

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

On February 23, 2022, the City’s Planning Commission conditionally approved a Development Modification to the Master Site Approval and Tentative Tract Map No. 16420. The modification removed the phased development concept originally approved, divided the larger land area into smaller lots to be reconveyed for development, and established improvement areas for future development. It is important to note that the Developer modification also incorporated conditions of approval for improvements along Pine Avenue for associated developments within the larger project area to help facilitate needed improvements to the area.

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

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

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

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

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

Subsequently, Chino Preserve Development Corporation sold Tract Map No. 20446 to TH The Preserve Chino LLC (its sole member and manager is Trumark Homes LLC) and Tract Map No. 20446-1 to Century Communities of California, LLC. These new builders will take over the remaining work for each respective tract that was going to be completed by Chino Preserve Development Corporation. This transition requires new Subdivision Improvement Agreements 64 CITY COUNCIL MEETING DATE: FEBRUARY 18, 2025
TITLE: AMENDMENTS TO SUBDIVISION IMPROVEMENT AGREEMENTS FOR TRACT MAP NOS. 20446 & 20446-1 (BLOCK 3) IN THE PRESERVE.

PAGE: 3
and securities. The new builders provided updated cost estimates for the remaining work on each tract, leading the City to reduce Chino Preserve Development Corporation’s bonds in line with the existing agreements, reflecting the work already completed and the tasks being handed over to the new builders.

The requirements made at the time of tentative map approval have been met by the execution of the replacement SIAs with the guest builders for Tract Map Nos. 20446 and 20446-1 and by posting the necessary securities to guarantee the construction of the remaining public improvements conditioned for Block 3. The City Council approved these agreements on October 1, 2024, which are attached as Exhibits E and E-1.

ISSUES/ANALYSIS
The City would typically release performance and labor/material bonds for Chino Preserve Development Corporation once the guest builders establish SIAs, retaining warranty bonds until the City Council accepts the public improvements as complete. However, the developer has requested the release of warranty bonds. Since the improvements have not yet been officially accepted, the guest builders will maintain warranty coverage. An amendment to the SIAs and adjustment to the warranty bonds are required to reflect the updated coverage. TH The Preserve Chino LLC, a California limited liability company, for Tract Map No. 20446 will be required to retain a warranty bond in the amount of $336,100 based on the full amount of the cost of construction. Century Communities of California, LLC, a Delaware limited liability company, for Tract Map No. 20446-1 will be required to retain a warranty bond in the amount of $241,200 based on the full amount of the cost of construction.

The City Attorney has reviewed and approved the amendments to the SIAs and respective warranty bonds, which are attached as Exhibits F and F-1.

Attachments: Exhibit A Location Map Master Site Approval PL21-0045 Exhibit B Location Map Tract Map No. 16420-5
Exhibit C Location Map Tract Map No. 20446
Exhibit C-1 Location Map Tract Map No. 20446-1
Exhibit D Subdivision Improvement Agreement Tract Map No. 20446 Exhibit D-1 Subdivision Improvement Agreement Tract Map No. 20446-1 Exhibit E Subdivision Improvement Agreement Tract Map No. 20446 Exhibit E-1 Subdivision Improvement Agreement Tract Map No. 20446-1 Exhibit F Amendment Tract Map No. 20446
Exhibit F-1 Amendment Tract Map No. 20446-1
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CONTRACT NO. 2025—163

SUBDIVISION IMPROVEMENT AGREEMENT
by and between

CITY OF CHINO
and

TH THE PRESERVE CHINO LLC
01225.0006/366470‘2 Updated 10—2020
201

SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN

THE CITY OF CHINO
AND

TH THE PRESERVE CHINO LLC
Agreement Date: October 1, 2024
Subdivider Name: TH The Preserve Chino LLC, a California limited liability company Subdivision Description: 10.78-acre subdivision consisting of 55 single—family residential units generally located south of Legacy Park Street between East Preserve Loog and Chino Corona Road in the Low-Density Residential land use designation area of The Preserve within Block 3.

Tentative Map No.: 20446
Estimated Total Cost of Improvements: $43,000.00
Estimated Total Cost of Monumentation: $8,385.00 (based upon the plans. includinq individual lots, subdivision boundary and public improvements).

Secu rity:

Bond No.: PB00224600532
Surety: Philadelphia Indemnity Insurance Company
01 225.0006/3664702
202
Designees for the Service of Written Notice:
0122540006/3664702
CITY: SUBDIVIDER:

Jesus Plasencia
Assistant City Engineer
13220 Central Avenue
Chino, CA 91710
(909) 334-3417
[email protected]
Marsha Santry
Director — Forward Planning
450 Newport Center Dr., Ste. 300
Newport Beach, CA 92660
(949) 306-4899
msantm@trumarkcocom

CITY PROJECT INSPECTOR
isaac Ortega
Permit & Inspection Supervisor
13220 Central Avenue
Chino, CA 91710
(909) 334-3501
[email protected]
203

TABLE OF CONTENTS
. Construction Obligations

1.1 Works of Improvement

1.2 Other Obligations Referenced in Conditions of Tentative Map Approval

1.3 Intent of Plans

1.4 Survey Monuments

1.5 Performance of Work

1.6 Changes in the Work

1.7 Defective Work

1.8 No Warranty by City

1.9 Authority of the City Engineer

1.1 0 Documents Available at the Site

1.11 inspection

1.12 Compliance with Law; Applicable Standards for Improvements

1.1 3 Suspension of Work

1.14 Erosion and Dust Control and Environmental Mitigation

1.1 5 Final Acceptance of Works of Improvement

1.1 6 Vesting of Ownership

1.1 7 Subdivider’s Obligation to Warn Public During Construction

1.1 8 lnjury to Public lmprovements, Public Property or Public Utility . Time for Performance

2.1 Commencement and Completion Dates

2.2 Phasing Requirements

2.3 Force Majeure

2.4 Continuous Work

2.5 Reversion to Acreage
. Labor

3.1 Labor Standards

3.2 Nondiscrimination

3.3 Licensed Contractors

3.4 Workers’ Compensation
. Security

4.1 Required Security

4.2 Form of Security Instruments

4.3 Subdivider’s Liability

4.4 Letters of Credit

4.5 Release of Security instruments
. Costof Construction and Provision of Inspection Service

5.1 Subdivider Responsible for All Related Costs of Construction 01225.0006/3664702
204

5.2 Payment to City for Cost of Related Inspection and Engineering Services

5.3 Payment of Development Impact Fees

6. Acceptance of Offers of Dedication

7. Warranty of Work

8. Default

8.1 Default by Subdivider

8.2 Remedies

8.3 Remedies Not Exclusive

8.4 Attorney’s Fees and Costs

8.5 Waiver

9. Indemnity/Hold Harmless

10. Subdivider’s Indemnity of Project Approval

11. Insurance Requirements

12. Environmental Warranty

13. General Provisions

13.1 Successors and Assigns

13.2 No Third-Party Beneficiaries

13.3 No Vesting Rights

13.4 Subdivider is Not Agent of City

13.5 Time ofthe Essence

13.6 Notices

13.7 No Apportionment

13.8 Severability

13.9 Captions

13.10 Incorporation of Recitals

13.11 Interpretation

13.12 Entire Agreement; Waivers and Amendments

13.13 Counterparts

14. Authority
01225.0006/3664702
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SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (this “Agreement”) is entered into this 15‘ day of October, 2024, by and between the CITY OF CHINO, a municipal corporation, organized and existing in the County of San Bernardino, under and by virtue ofthe laws of the State of California, (“CITY”), and TH The Preserve Chino LLC, a California limited liability company (Subdivider”).

RECITALS
A. Subdivider is the owner of and has obtained approval of a subdivision map identified as Tentative Tract Map No. 20446, (the “Map”), located in the City of Chino, County of San Bernardino, State of California (the “Property”), as described on Exhibit A The Map requires Subdivider to comply with certain conditions of approval for the development of the Property (the “Conditions") as described on Exhibit B
B. Pursuant to the Conditions, Subdivider, by the Map, has offered for dedication to City for public use of the streets and easements shown on the Map. City desires to accept the streets and easements shown on the Map for public use, and certain other improvements described in this Agreement.

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

D. Subdivider’s agreement to construct and install the Works of Improvement pursuant to this Agreement and its offer of dedication of the streets, easements and other improvements and facilities, as shown on the Map, are a material consideration to City in approving Final Map No. 20446 for the Property and permitting development ofthe Property to proceed.

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

1. Construction Obliqations.

1.1. Works of Improvement. Subdivider agrees, at its sole cost and expense, to construct or install, or cause to be constructed or installed the street, drainage, domestic water, sanitary sewer, street lighting, landscaping, utility, and other improvements more fully described in Exhibit “B” attached hereto (the “Works of Improvement”), as the same may be supplemented and revised from time to time as set forth in this Agreement (said plans and 01225.0006/3664702
206
specifications, together with all related documents, the "Plans"). The estimated construction cost for the Works of Improvement is $842,984.87.

1.2. Other Obiiqations Referenced in Conditions of Tentative Map Approvai. In addition to the foregoing, Subdivider shall satisfy all of the Conditions on the Map for the Property. The Conditions associated with the Map are included in Exhibit “B” attached hereto.

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

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

1.4. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments as shown on Final Map No. 20446 in accordance with the provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City of Chino. Subdivider shall provide security for such obligation as provided in Section 4.1(a)(iii) and, after setting the monuments, Subdivider shall furnish the City Engineer written notice of the setting of said monuments and written proof of having paid the engineer or surveyor for the setting of said monuments.

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

1.6. Chanqes in the Work. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Paragraph 4, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer as determined necessary to accomplish the purposes of this Agreement and to protect the public health, safety, or welfare. The City Engineer shall notify Subdivider or its contractor in writing (by Correction Notice) at the time a determination has been made to require changes in the work. No field changes performed or proposed by Subdivider or its contractor shall be binding on City unless approved in writing by the City Engineer. The City and Subdivider may mutually 01225.0006/3664702
207
agree upon changes to the Works of Improvement, subject to the security requirements in Section 4.

1.7. Defective Work. Subdivider shali cause its contractor to repair, reconstruct, replace, or othenNise make acceptable any work found by the City Engineer to be defective.

1.8. No Warranty by City. The Plans for the Works of Improvement have been prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no representation or warranty, express or implied, to Subdivider or to any other person regarding the adequacy of the Plans or related documents.

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

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

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

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

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

1.12. Compliance with Law; Applicable Standards for Improvements. In addition to the express provisions of this Agreement and the Plans, Subdivider shall cause construction of the Works of Improvement to be completed in accordance with all other applicable federal, state, and local laws, ordinances, rules and regulations. In addition, without limiting the foregoing, the Subdivider shall, at its expense, obtain and comply with the conditions of all necessary permits and licenses for the construction of the Works of Improvement. The Subdivider shall also give all necessary notices and pay all fees and taxes as required by law. 01225.0006/3664702
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Subdivider shall construct the improvements in accordance with the City standards in effect at the time of the adoption of the Approved Tentative Map. City reserves the right to protect the public safety or weifare or comply with applicable Federal or State law or City zoning ordinances.

1.13. Suspension of Work. The City Engineer shall have authority to order suspension of the work for failure of the Subdivider’s contractor to comply with law pursuant to Section 1.12. In case of suspension of work for any cause whatsoever, Subdivider and its contractor shall be responsible for all materials and shall store them properly if necessary and shall provide suitable interim drainage and/or dust control measures, and erect temporary structures where necessary.

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

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

No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by the City Engineer is made. The City Engineer shall make a certification of completion and acceptance on the Works of Improvement by recordation of a Notice of Acceptance on behalf of the City. Final acceptance shall not constitute a waiver by the City Engineer of defective work subseq uently discovered.

The date on which the Works of Improvement will be considered as complete shall be the date of the Notice of Acceptance. 01225.0006/3664702
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1.16. Vestinq of Ownership. Upon recordation of the Notice of Acceptance, ownership of the Works of Improvement shall vest in the City.

1.17. Subdivider’s Obljggtion to Warn Public During Construction. Until recordation of the Notice of Acceptance, Subdivider shall give good and adequate warning to the public of any dangerous condition of the Works of Improvements and shall take reasonable actions to protect the public from such dangerous condition. Until recordation of the Notice of Acceptance, Subdivider shall provide forty—eight (48) hours’ advance written notice to all neighboring property owners and tenants affected by Subdivider’s operations or construction of the hours, dates and duration of any planned construction activities.

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

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

2. Time for Performance.

2.1. Commencement and Completion Dates. Subject to Sections 2.2 and 2.3 below, Subdivider shall (i) commence with construction and installation of the Works of Improvement thirty (30) days following City’s approval of the Plans (“Commencement Date”); and (ii) complete or cause to be completed all of the Works of Improvement within two (2) years after the Commencement Date. In the event good cause exists as determined by the City Engineer, the time for commencement of construction or completion of the Works of Improvement hereunder may be extended by up to three (3) additional one-year periods. Extensions shall be executed in writing by the City Engineer. The City Engineer in his or her sole discretion determines whether or not the Subdivider has established good cause for an extension. As a condition of such extension, the City Engineer may require Subdivider to furnish new security guaranteeing performance of this Agreement, as extended, in an increased amount to compensate for any increase in construction costs as determined by the City Engineer. If Subdivider requests and is granted an extension of time for completion of the improvements, City may apply the standards in effect at the time ofthe extension.

2.2. Phasinq Requirements. Notwithstanding the provisions of Section 2.1, the City reserves the right to control and regulate the phasing of completion of specific Works of Improvement as required to comply with applicable City ordinances, regulations, and rules relating to the timely provision of public services and facilities. In addition to whatever other remedies the City may have for Subdivider’s failure to satisfy such phasing requirements, as 01225.0006/3664702
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the same now exist or may be amended from time to time, Subdivider acknowledges City’s right to withhold the issuance of further building permits on the Property until such phasing requirements are satisfied. Prior to issuance of building permits, Subdivider shall provide satisfactory evidence that all applicable requirements that are a condition to issuance of building permits have been satisfied. Such requirements may include the payment of fees, construction of improvements, or both. Final inspections or issuance of Certificates of Occupancy may be withheld from the Subdivider by the City, if, upon a determination by the City Engineer, completion of specific Works of Improvements or other requirements associated with the development of the Property have not been completed to the City Engineer’s satisfaction.

2.3. Force Majeure. Notwithstanding the provisions of Section 2.1, Subdivider’s time for commencement and completion of the Works of improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikes, lockouts, pandemics, acts or failures to act of a public agency (including City), required changes to the scope of work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than five (5) days prior to City’s receipt of a written notice from Subdivider or its contractor detailing the grounds for Subdivider’s claim to a right to extend its time for performance hereunder. The City Engineer shall evaluate all claims to Force Majeure and make a reasonable determination regarding the length of any extension of time for commencement and/or completion of the Works of improvement and the City Engineer’s decision shall be final.

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

2.5. Reversion to Acreage. in addition to whatever other rights City may have due to Subdivider’s failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Section 66499.11 through Section 66499201

3. Labor

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

3.2. Nondiscrimination. in accordance with the California Fair Employment and Housing Act (“FEHA”), California Government Code Section 12940 ef seq, Subdivider agrees 01225.0006/3664702
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that Subdivider, its agents, employees, contractors, and subcontractor performing any of the Works of Improvement shall not discriminate, in any way, against any person on the basis of race, ethnicity, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Subdivider shall expressly require compliance with the provisions of this Section in all agreements with contractors and subcontractors for the performance of this Agreement.

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

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

4. Security.

4. 1. Required Security.
(a) At the time Subdivider executes this Agreement, Subdivider shall furnish to City the following bonds, letters of credit, instruments of credit (assignment of deposit account) or other security acceptable to City in its sole and absolute discretion and satisfying the requirements of the applicable provisions of this Section 4 below (hereinafter “Security Instruments”):
(i) A Security Instrument Securing Subdivider’s faithful performance of all of the Works of Improvement (“Faithful Performance Security Instrument"), in the amount of $843,000.00 equal to 100% of the estimated construction cost referenced in Section 1.1.
(ii) A Security Instrument guaranteeing the payment to contractors, subcontractors, and other persons furnishing labor, materials, and/or equipment (“Labor and Materials Security Instrument") with respect to the Works of Improvement in an amount equal to $421,500.00 equal to 50% of the estimated construction cost referenced in Section 1.1.
(iii) A Security Instrument guaranteeing the payment of the cost of setting monuments as required in Section 1.4 in the amount of $8,385.00 equal to 100% ofthe cost thereof.
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This Agreement shaH not be effective for any purpose until such Security Instruments are supplied to and approved by City in accordance herewith. (b) Required Security instrument for Maintenance and Warranty. Prior to the City Council’s acceptance of the Works of Improvement and recordation of a Notice of Compietion, Subdivider shall deliver a Security Instrument warranting the work accepted for a period of one (1) year following said acceptance (“Maintenance and Warranty Security Instrument”), in the amount of $84,300.00 equal to 10% of the estimated construction cost set forth in Section 1.1 or a suitable amount determined by the City Engineer.

4.2. Form of Security Instruments. All Security Instruments shall be in the amounts required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following minimum requirements and othenNise shall be in a form provided by City or othenivise approved by the City Attorney:
(a) Bonds. For Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California. Any insurance company acting as surety shall have a minimum rating of A-IX, as rated by the current edition of Best’s Key Rating Guide published by A.M. Best’s Company, Oldwick, New Jersey, 08858. Any bank acting as surety shall have a minimum rating of AA, as rated by Moody’s or Standard & Poor’s.
(b) Letters of Credit. For Security Instruments which are letters of credit, any letter of credit shall be an original separate unconditional, irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the City Engineer of the City that Subdivider is in default under its payment or performance obligations hereunder or in the event Subdivider fails to deliver a replacement letter of credit not less than thirty (30) days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 4.4. (c) Instrument of Credit. For Security Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to City all of Subdivider’s interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. (d) General Requirements for all Security Instruments.
(i) Payments under any Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the City of Chino, State of California (and the Security Instrument shall so provide).
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(ii) Each Security instrument shall have a minimum term of one (1) year after the deadline for Subdivider’s completing the Works of Improvement, in accordance with Section 2.1 (other than Instruments of Credit, which shall have no defined term or expiration date).
(iii) Each Security instrument shall provide that changes may be made in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and without affecting the obligations under such Security instrument. (iv) If the Subdivider seeks to replace any security with another security, the replacement shall: (1) comply with all the requirements for security in this Agreement; (2) be provided by the Subdivider to the City Engineer; and (3) upon its written acceptance by the City Engineer, be deemed a part of this Agreement. Upon the City Engineer’s acceptance of a replacement security, the former security shall be released by the City.

4.3. Subdivider’s Liability. While no action of Subdivider shall be required in order for City to realize on its security under any Security Instrument, Subdivider agrees to cooperate with City to facilitate City’s realization under any Security instrument, and to take no action to prevent City from such realization of any Security instrument. Notwithstanding the giving ofany Security instrument or the subsequent expiration of any Security instrument or any failure by any surety or financial institution to perform its obligations with respect thereto, Subdivider shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10) days after written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 4.

4.4. Letters of Credit.
(a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit (expiring in not less than one (1) year, unless City agrees to a lesser term in City’s sole and absolute discretion) is not delivered not less than thirty (30) days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit delivered hereunder, issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit. (b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Subdivider. If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as 01225.0006/3664702
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provided in the foregoing. Subdivider agrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City’s security interest in such account.

4.5. Release of Security Instruments. The City shaii release all Security Instruments consistent with Government Code Sections 66499.7 and 66499.8, Section 19.09.010 of the Chino Municipal Code, and as follows:
(a) City shall release the Faithful Performance Security instrument and Labor and Materials Security instrument when all ofthe following have occurred:
(i) Subdivider has made written request for release and provided evidence of satisfaction of all other requirements in this Section 4.5; (ii) the Works of improvement have been accepted;
(iii) Subdivider has delivered the Maintenance and Warranty Security Instrument; and
(iv) after passage of the time within which lien claims are required to be made pursuant to Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California. If lien claims have been timely filed, City shall hold the Labor and Materials Security Instrument until such claims have been resolved, Subdivider has provided a statutory bond, or othenNise as required by applicable law.
(b) City shall release the Maintenance and Warranty Security Instrument upon Subdivider’s written request upon the expiration of the warranty period, and settlement of any claims filed during the warranty period. (c) The City may retain from any security released, an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorney’s fees.

5. Cost of Construction and Provision of Inspection Service. ‘ 5.1. Subdivider Responsible for All Costs of Construction. Subdivider shall be responsible for payment of all costs incurred for construction and installation of the Works of Improvement. In the event Subdivider is entitled to reimbursement from City for any of the Works of Improvement, such reimbursement shall be subject to a separate Reimbursement Agreement to be entered into between Subdivider and City prior to construction of the Works of Improvement.

5.2. Payment to City for Cost of Related Inspection and Enqineerinq Services.

Subdivider shall compensate City for all of City’s costs reasonably incurred in having its 01225.0006/3664702
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authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Subdivider shall compensate City for all design, plan check, evaluating any proposed or agreed-upon changes in the work. The procedures for deposit and payment of such fees shall be as established by the City. ln no event shall Subdivider be entitled to additional inspections or a final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections.

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

6. Acceptance of Offers of Dedication. The City Council shall pass as appropriate resolution or resolutions accepting all offers of dedication shown on the Map for the Property, with acceptance to become effective upon completion and acceptance by City of the Works of Improvement. Such resolution(s) shall authorize the City Clerk to execute the Certificate made a part of the Map regarding said acceptance ofthe offer of dedication.

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

8. Default.

8.1. Default by Subdivider. Default by Subdivider shall include, but not be limited to:
(a) Subdivider’s failure to timely commence construction of Works of Improvement under this Agreement;
(b) Subdivider’s failure to timely complete construction of the Works of Improvement;
(c) Subdivider’s failure to perform substantial construction work for a period for 20 consecutive calendar days after commencement of the work; 01225.0006/3664702
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(d) Subdivider’s insolvency, appointment of a receiver, or the filing of any petition in bankruptcy, either voluntary or involuntary, which Subdivider fails to discharge within 3O days;
(e) The commencement of a foreclosure action against the subdivision or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or (f) Subdivider’s failure to perform any other obligation under this Agreement.

8.2. Remedies. The City reserves all remedies available to it at law or in equity for a default or breach of Subdivider’s obligations under this Agreement. The City shall have the right, subject to this Section, to draw upon or use the appropriate security to mitigate the City’s damages in the event of default by Subdivider. The City’s right to draw upon or use the security is in addition to any other remedy available to City. The parties acknowledge that the estimated costs and security amounts may not reflect the actual cost of construction of the improvements and, therefore, City’s damages for Subdivider’s default shall be measured by the cost of completing the required improvements. The City may use the sums provided by the securities for the completion of the Works of Improvement in accordance with the plans. ln the event the Subdivider fails to cure any default under this Agreement within 2O days after the City mails a notice of such default to the Subdivider and the Subdivider’s surety, Subdivider authorizes the City to perform the obligation for which Subdivider is in default and agrees to pay the entire cost of such performance by the City. The City may take over the work and complete the Works of Improvement, by contract or by any other method City deems appropriate, at the expense of the Subdivider. In such event, City, without liability for doing so, may complete the Works of Improvement using any of Subdivider’s materials, appliances, plans and other property that are at the work site and that are necessary to complete the Works of Improvement.

8.3. Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, the Subdivider agrees that the choice of remedy or remedies for Subdivider’s breach shall be in the discretion ofthe City. Additionally, any remedy specifically provided in this Agreement shall be in addition to, and not exclusive of, City’s right to pursue any other administrative, legal, or equitable remedy to which it may by entitled.

8.4. Attorney’s Fees and Costs. In the event that Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney’s fees. In the event of any dispute arising out of Subdivider’s performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney’s fees and costs. Such attorney’s fees and cost shall include fees and costs on any appeal, and in addition a party entitled to attorney’s fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have 01225.0006/3664702
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accrued on commencement of the action and shaH be enforceable whether or not the action is prosecuted to judgment.

8.5. Waiver. No waiver by the City of any breach or default by the Subdivider shall be considered valid unless in writing, and no such waiver by the City shall be deemed a waiver of any subsequent breach or default by the Subdivider.

9. Indemnity/Hold Harmless. City or any officer, employee or agent thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of Subdivider, its agents. employees, contractors and subcontractors in the performance of this Agreement. Subdivider further agrees to protect, defend, indemnify and hold harmless City, its officials, boards and commissions, and members thereof, agents, and employees from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, acts or omissions of Subdivider, its agents, employees, contractors and subcontractors in the performance of this Agreement, except for such claims, demands, causes of action, liability or loss arising out of the sole active negligence of the City, its officials, boards, commissions, the members thereof, agents and employees, including all claims, demands, causes of action, liability or loss because of or arising out of, in whole or in part, the design or construction of the improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said Subdivision, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design and construction of public drainage systems, streets and other improvements.

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

After recordation of the Notice of Acceptance, the Subdivider shall remain obligated to eliminate any latent defect in design or dangerous condition caused by the design or construction defect for a period of one (1) year; however, Subdivider shall not be responsible for routine maintenance. it is the intent of this section that Subdivider shall be responsible for all liability for design and construction of the improvements installed or work done pursuant to this Agreement and that City shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving or reviewing any work or construction. The improvement security shall not be required to cover the provisions of this Paragraph.

Subdivider shall reimburse the City for all costs and expenses, including but not limited to fees and charges of architects, engineers, attorneys, and other professionals, and court costs, incurred by City in enforcing this Section. 01225.0006/3664702
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10. Subdivider’s Indemnity of Proiect Approval. Subdivider shall defend, indemnify, and hold harmless the City and its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning the Subdivision. The City shall promptly notify the Subdivider of any claim, action, or proceeding and cooperate fully in the defense of any such claim, action, or proceeding. In the event City fails to promptly notify the Subdivider of any claim, action, or proceeding, or if the City fails to cooperate in the defense, the Subdivider shall not thereafter be responsible to defend, indemnify, or hold harmless the City. Nothing in this Section prohibits the City from participating in the defense of any claim, action, or proceeding if City bears its own attorney’s fees and costs and defends the action in good faith. Subdivider shall not be required to pay or perform any settlement unless the settlement is approved by the Subdivider.

11. Insurance Requirements. Subdivider, at Subdivider’s sole cost and expense and for the full term of this Agreement and any extensions thereto, shall obtain and maintain all of the following minimum insurance requirements in a form approved by the City’s authorized designee for Risk Management prior to commencing any work:
(a) Commercial General Liability policy with a minimum $1 million combined single limit for bodily injury and property damage providing all of the following minimum coverage without deductibles:
(i) Premises operations; including X, C, and U coverage; (ii) Owners’ and contractors’ protection;
(iii) Blanket contractual;
(iv) Completed operations; and
(v) Products.
(b) Commercial Business Auto policy with a minimum $1 million combined single limit for bodily injury and property damage, providing all of the following minimum coverage without deductibles:
(i) Coverage shall apply to any and all leased, owned, hired, or nonowned vehicles used in pursuit of any of the activities associated with this Agreement; and
(ii) Any and all mobile equipment including cranes which are not covered under the above Commercial Business Auto policy shall have said coverage provided under the Commercial General Liability policy. (c) Workers Compensation and Employers’ Liability policy in accordance with the laws of the State of California and providing coverage for any and all employees ofthe Subdivider:
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(i)
(i)
(ii)
(iii)
This policy shall provide coverage for Workers’ Compensation (Coverage A); and
This policy shall provide coverage for $1 ,OO0,000 Employers’ Liability (Coverage B).

Pursuant to Labor Code section 1861, Subdivider by executing this Agreement certifies: “I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against Iiabi/ity for Workers’ Compensation or to undertake se/f-insurance in accordance with the provisions of that Code, and I will comp/y with such provisions before commencing the performance of the work of this contract."
Prior to commencement of work, the Subdivider shall file with the City’s Risk Manager a Certificate of insurance or certification of permission to self—insure workers’ compensation conforming to the requirements of the Labor Code. (d) Endorsements. All of the following endorsements are required to be made a part of each of the above-required policies as stipulated below:
“The City of Chino, its officers, employees and agents are hereby added as additional insureds.”
(i)
(ii)
(iii)
(iv)
(V)
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“This policy shall be considered primary insurance with respect to any other valid and collectible insurance the City may possess, including any seif- insured retention the City may have and any other insurance the City does possess shall be considered excess insurance only." “This insurance shall act for each insured and additional insured as though a separate policy has been written for each. This, however, will not act to increase the limit of the insuring company.” “Thirty (30) days prior written notice of cancellation shall be given to the City of Chino in the event of cancellation and/or reduction in coverage, except that ten (10) days prior written notice shall apply in the event of cancellation for non-payment of premium." Such notice shall be sent to the Risk Manager at the address indicated in Subsection fbeiow.

Subsection d(iv) hereinabove "Cancellation Notice” is the only endorsement required ofthe Workers’ Compensation and Empioyers’ Liability policy.
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(e) Admitted Insurers. All insurance companies providing insurance to the Subdivider under this Agreement shaii be admitted to transact the business of insurance by the California Insurance Commissioner. (f) Proof of Coverage. Copies of all required endorsements shaii be attached to the Certificate of Insurance which shaii be provided by the Subdivider’s insurance company as evidence of the coverage required herein and shaii be mailed to:

City of Chino
Risk Management
13220 Central Avenue
Chino, CA 91710

12. EnvironmentalWarrantL

12.1. Prior to the acceptance of any dedications or Works of Improvement by City, Subdivider shall provide City with a written warranty in a form substantially similar to Exhibit “C" attached hereto and incorporated herein by reference, that:
(a) Neither the property to be dedicated nor Subdivider are in violation of any environmental law, and neither the property to be dedicated nor the Subdivider are subject to any existing, pending or threatened investigation by any federal, state or local governmental authority under or in connection with the environmental Iaws relating to the property to be dedicated. (b) Neither Subdivider nor any other person with Subdivider’s permission to be upon the property to be dedicated shall use, generate, manufacture, produce, or release, on, under, or about the property to be dedicated, any Hazardous Substance except in compliance with all applicable environmental laws. For the purposes of this Agreement, the term “Hazardous Substances" shall mean any substance or material which is capable of posing a risk of injury to health, safety or property, including all those materials and substances designated as hazardous or toxic by any federal, state or local law, ordinance, rule, regulation or policy, including but not limited to, all of those materials and substances defined as “Toxic Materials” in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30, as the same shall be amended from time to time, or any other materials requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies. (c) Subdivider has not caused or permitted the release of and has no knowledge of the release or presence of any Hazardous Substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. (d) Subdivider’s prior and present use ofthe property to be dedicated has not resulted in the release of any hazardous substance on the property to be dedicated.
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12.2. Subdivider shall give prompt written notice to City of:
(a) Any proceeding or investigation by any federal, state or local governmental (b) authority with respect to the presence of any hazardous substance on the property to be dedicated or the migration thereof from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. (c) Any claims made or threatened by any third party against City or the property to be dedicated relating to any loss or injury resulting from any hazardous substance; and
(d) Subdivider’s discovery of any occurrence or condition on any property adjoining or in the vicinity of the property to be dedicated that could cause the property to be dedicated or any part thereof to be subject to any restrictions on its ownership, occupancy, use for the purpose for which it is intended, transferability or suit under any environmental law.

13. General Provisions.

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

13.2. No Third-Party Beneficiaries. This Agreement is intended to benefit only the parties hereto and their respective successors and assigns. Neither City nor Subdivider intend to create any third-party beneficiary rights in this Agreement in any contractor, subcontractor, member of the general public, or other person or entity. 01225.0006/3664702
17 222

13.3. No Vesting Rights. Performance by the Subdivider of this Agreement shaH not be construed to vest Subdivider’s rights with respect to any change in any zoning or building law or ordinance.

13.4. Subdivider is Not Aqent of City. Neither Subdivider nor Subdivider’s agents, contractors, or subcontractors are agents or contractors of the City in connection with the performance of Subdivider’s obligations under this Agreement.

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

13.6. Notices. Unless othen/vise specified in this Agreement, all notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date is delivered in person, or, if mailed, on the date of deposit in the United States Mail.

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

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

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

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

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

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

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

13.12. Entire Agreement; Waivers and Amendments. This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to all or part of the subject matter hereof, except as may be expressly provided herein. All waivers of the provisions of this Agreement must be in writing and signed by an authorized representative of the party to be charged, and all amendments hereto must be in writing and signed by the appropriate representatives of both parties.
01225.0006/3664702
18 223

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

14. Authority. The persons executing this Agreement on behalf of the parties warrant the (I) party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into of this Agreement does not violate any provisions of any other agreement to which said party is bound. [SIGMA TUREs ON NEXT PA GE]
01225.0006/3664702
19 224
IN WITNESS WHEREOF, the City and the Subdivider have caused this Agreement to be executed the day and year hrst above written.

APPRO , AS TO FORM: APPROVED AS TO CONTENT:

Fred Galante, City Attorney Hy L , P.E.

Director of Public Works
TH The Preserve Chino LLC,
a California
%
limited Iiability company
Name: Richard P. Dougiass
Its: Authorized Agent
By'
Dr. inda Reich, City Managert’
Date: //—/?~a7
ATTEST:

By
Nataiie Gonzaga‘fCity Cierk
Dated: ///2//W
01225.0006/3664702
2O
225
A notary public or other omcer completing this cert'rficate verifies only the identity of the individuai who signed the document to which this certificate is attached, and not the truthfuiness, accuracy, or vaiidity of that document.

State of California
County of Q {‘a w a &
On§§c§g\&{ Z; LOL$ before me§o~~\\ KQv-xo\“{‘ \30\'~Y'¥ Qw\\xk , personally appeared k \\ gWo-V‘k g . Aov q\ m5 3
Name(s) of Signer(s)
Date Here Insert Name and Tit/e of the Officer
who proved to me on the basis of satisfactory evidence to be the person(s) whose name$) is/afe subscribed to the within instrument and acknowledged to me that he/sheéthey executed the same in hisfher£their authorized capacityeies), and that by his/henLtJceir signature(s) on the instrument the person(e), or the entity upon behalf of which the personéstacted, executed the instrument. i certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
Signature of
M
Notaiy
V~—\
Public
m
Place Notaiy Seal Above

OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Titie or Type of Document: Document Date:

Number of Pages: Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer’s Name: Signer’s Name:

D Corporate Officer — Title(s): D Corporate Officer — Title(s):

Signer ls Representing: Signer ls Representing:
©2014 National Notary Assocuation www NationalNotary org 1 800 US NOTARY (1 800 876 6827') Item #5907 01225.0006/3664702
D Partner — D Limited D General D Partner — D Limited D General D individual B Attorney in Fact D lndividuai E Attorney in Fact DTrustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other: D Other:
226
EXHIBIT “A”

LOCATION MAP
[attached]
01225.0006/3664702 A-1
227
Exhibit "A"
Tract Map No. 20446
Toyon Street
LOT 1
53 38 35
39 34
4O 33
Bitlrsecone
Avenue
52 LOT2
5 I / I 5o / I
(O Dara
Avenue
Deergrass
A
venue
41 32 I
AN m
.._ Terra
Seca
Avenue
Chino
Corona
Rdoa
/
/
/ /\ \/ TRACT BOUNDAR
// /
10390 Commerce Center Drive
Suite 250 NO RTH
Rancho Cucamonga, California 91 730 o. 25D
Phone: (909) 945-0526 Engineers/Surveyors Fax: (909) 945-0529 Y
228
EXHIBIT “B”
TRACT MAP NO. 20446 WORKS OF IMPROVEMENT
Removal of undesirable, dangerous and dead plant materials and roots.

AII onsite and offsite grading as specified on the approved grading plan.

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

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

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

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

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

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

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

Street signs at intersections per the City Standards.

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

N. Setting monuments as required by the State Code.

The Subdivider shall also perform all work and furnish all materials necessary, in the opinion of the Director of Development Services or his designee and on his order, to complete the improvements in accordance with the plans and specifications on file as hereinbefore specified, or any changes required or ordered by said Engineer which, in his opinion, are necessary or required to complete this work. 01225.0006/3664702 B—1
229
PROJECT NO:

LOCATION :
‘ By:

DATE:

ENGINEERING COST ESTIMATE
Tract 20446 Trumark Homes
SE Corner East Preserve Loop & Legacy Park Street
Paul Schenck
July 23, 2024
EngCostEstimate Page1 of11 Effective Date: January 1, 2021 Quantity Unit Item Unit
Price
Total Cost
Per Item

STREETS
EA Tree Removal $ 800.00 $
CY Concrete Removal $ 325.00 $
- CY AC Pavement Removal $ 100.00 $
CY Imported Common Fill (incl. Compaction) $ 34.00 $
SF Preparation of Subgrade, Sidewalk and Paving $ 1.00 $ LF PCC 8" Curb & 24" Gutter on 6" AB $ 26.00 $
LF PCC 6" Curb & 24" Gutter on 6" AB $ 24.00 $
LF PCC Curb Only $ 20.00 $
LF 8" A.C. Berm $ 20.00 $
SF 8" PCC Cross Gutter on 6" AB $ 16.00 $
14,200 SF 4" PCC Sidewalk $ 5.80 $ 82,360.00
12,282 SF 6" PCC Thick Drive Approach on 6" AB $ 12.50 $ 153,525.00 SF 8" PCC Thick Drive Approach on 6" AB $ 15.00 $
LF 2" x 6" Redwood Header $ 7.50 $
6 EA Street Sign and Post $ 475.00 $ 2,850.00
7 EA Trafficgn and Post $ 400.00 $ 2,800.00
EA Reflector Sign and Post $ 175.00 $
11 EA Painted Legend $ 6.50 $ 71 .50
SF Prime or Tack Coat $ 0.08 $
TON AC Variable - <300T $ 130.00 $
667 TON AC Variable - >300T $ 120.00 $ 80,056.40
TON CAB Variable - <300T $ 100.00 $
TON CAB Variable - >300T $ 90.00 $
230
PROJECT NO:

LOCATION :

By:

DATE:

ENGINEERING COST ESTIMATE
Tract 20446 Trumark Homes
SE Corner East Preserve Loop & Legacy Park Street
Paul Schenck
July 23, 2024
EngCostEstimate Page 2 of 11 Effective Date: January 1, 2021 Quantity Unit Item Unn
Price
Total Cost
Per Item

STREETS
8 EA Adjust Sewer Manhole to Grade $ 950.00 $ 7,600.00
EA Adjust Sewer Cleanout to Grade $ 500.00 $
8 EA Adjust Water Valve and Can to Grade $ 525.00 $ 4,200.00 18 EA Street Light (HOA Owner) $ 7,700.00 $ 138,600.00
1 EA Electrical Pedestal $ 6,500.00 $ 6,500.00
EA Lot Monument Setting Fee $ 550.00 $
LF Sawcut A.C. $ 3.00 $
LF Sawcut Concrete $ 3.00 $
SF Cold Plane A.C. 2" Thick $ 0.28 $
Signing & Striping for
LF Arterial $ 19.00 $
LF Collector $ 13.00 $
LF Local $ 7.00 $
EA Traffic Signal (8 - Phase Controller) $ 350,000.00 $ EA Modify existing Traffic Signal per Quadrant $ 75,000.00 $ LF Chain Link Fence
4 foot Residential Grade (Add $7.00/LF for Removal
of Existing Fence) $ 25.00 $
6 foot School fence (Add $9.00/LF for Removal of
Existing Fence) $ 35.00 $
EA Utility Poles
Transmission $ 11,500.00 $
Distribution $ 8,000.00 $
Service $ 3,000.00 $
231
PROJECT NO:

LOCATION :

By:

DATE:

ENGINEERING COST ESTIMATE
Tract 20446 Trumark Homes
SE Corner East Preserve Loop & Legacy Park Street
Paul Schenck
July 23, 2024
EngCostEstimate Page3of11 Effective Date: January 1. 2021 Quantity Unit Item Unit
Price
Total Cost
Per Item

STREETS
Landscape (Including shrubs, Hardscape, Irrigation,
Ground Cover, Lighting, Installation Labor and Connection SF to Existing Systems) $ 15.00 $ LF
14 foot Median with Landscape, Irrigation, Lighting,
Hardscape, Curb, Gutter & Pavement $ 300.00 $
Rail Road Crossing
LS
Safety Equipment (Complete Including Crossing
Gates, Signs, andghts) $ 500,000.00 $
SF Track Crossing (Concrete) $ 175.00 $
SF Approach $ 4.00 $
EA S.W. Ramps (A.D.A. Compliant) $ 4,000.00 $ 32,000.00 EA Traffic Si9 nal Loops J. $ 600.00 $ _
100 SF 4" to 6" Fresno River Cobble Pavement $ 10.00 $ 1,000.00 LF Metal Beam Guard Rail $ 70.00 $
62,220 SF Slurry Seal $ 0.12 $ 7,466.40

STREETS
STREET SUBTOTAL $ 519,029.30
LS Mobilzation (5% of Construction Cost) 5% $ 25,951 .47 LS '- Traffic Control (5% of Construction Cost) 5% $ 25,951 .47 LS Clear & Grub Site (5% of Construction Cost) 5% $ 25,951 .47 LS Excavation (Clean Material) (5% of Construction Cost) 5% $ 25,951 .47 — GRAND TOTAL STREETS ONLY $ 622,835.16
232
PROJECT NO:

LOCATION :

By:

DATE:
.1; 1L ié ITY OF CHIN

ENGINEERING COST ESTIMATE
Tract 20446 Trumark Homes . . '. .

SE Corner East Preserve Loop & Legacy Park Street
Paul Schenck
July 23, 2024
EngCostEstimate Page 4 of11 Effective Date: January 1, 2021 :C O
Quantity Unit Item Unit
Price
Total Cost
Per Item
§ WATER
LF Trench Support/Sharing (6 foot depth) $ 15.00 $
CY Pipe Bedding & Compaction (imported) i $ 90.00 $
LF
6" Pipe & Fittings Instaiied, inciuding excavation, bedding, backmi and pavement restoration $ 80.00 $
LF
8" Pipe & Fittings Instalied, inciuding excavation, bedding, backfiii and pavement restoration. $ 100.00 $
LF
12" Pipe & Fittings Instailed, including excavation,
bedding, backflii and pavement restoration $ 135.00 $
LF
18" Pipe & Fittings Installed. including excavation,
bedding, backfill and pavement restoration $ 175.00 $
LF
'v'rr.t:‘.4->i-.?if:a.i:7-:.:::‘-- .:

Removal, Disposai of ACP and Backmi $ 150.00 $
EA 6" Gate Valve} $ 2,000.00 $
EA 8" Gate Valve $ 2,600.00 $
EA 12" Gate Valve $ 4,500.00 $
EA 18" Gate Valve $ 7,500.00 $
EA Fire Hydrant Assembly per City Std. la
$ 7,500.00 $
EA Blow-off Assembly 4" per City Std. $ 8,600.00 $
EA 1" Air Relief Assembly $ 4,500.00 $
EA 1" Water Service/Meter $ 3,500.00 $ -
EA 2" Water Service/Meter $ 4,500.00 $
WATER
WATER SUBTOTAL $
LS Punchlist Items prior to City turnover $ 25,000.00 $ 25,000.00 LS Mobilzation (5% of Construction Cost) 5% $
LS Traffic Control (5% of Construction Cost) 5% $
GRAND TOTAL WATER ONLY $ 25,000.00
233

ENGINEERING COST ESTIMATE
Tract 20446 Trumark Homes . . ‘
SE Corner East Preserve Loop & Legacy Park Street
Paul Schenck
July 23, 2024
PROJECT NO:

LOCATION :

By:

DATE:

EngCostEstimate Page5of11 Effective Date: January 1, 2021 Quantity Unit Item Unit
Price
Total Cost
Per Item
RECYCLED WATER - v.

LF Trench Support/Sharing (6 foot depth) $ 15.00 $
CY Pipe Bedding (imported) $ 90.00 $
LF
6" Pipe & Fittings Instalied, including excavation, bedding, backiill and pavement restoration $ 80.00 $
LF
8" Pipe & Fittings Installed, including excavation, bedding, backfili and pavement restoration. $ 100.00 $
LF
12" Pipe & Fittings Instalied, including excavation,
bedding, bacmii and pavement restoration $ 135.00 $
LF
18" Pipe & Fittings Installed, including excavation,
bedding, backml and pavement restoration $ 175.00 $
EA
'I. Iii-‘- .F'.
6" Gate Valve $ 2,000.00 $
EA 8" Gate Valve_;.‘, _-.’ $ 2,600.00 $
EA 12" Gate Valve $ 4,500.00 $
EA 18" Gate Valve $ 7,500.00 $
EA Fire Hydrant Assembly per City Std. $ 7,500.00 $
EA Blow-off Assembly 5" per City Std. $ 8,600.00 $
EA 2" Air Relief Assembly $ 4,500.00 $
lE EA
i s'i
1" Water Service/Meter
.- -
$ 3,500.00 $
EA 2" Water Service/Meter :kta- At: " $ 4,500.00 $
‘.-

RECYCLED WATER
RECYCLED WATER SUBTOTAL $
LS Mobilzation (5% of Construction Cost) 5% $
LS Tramc Control (5% of Construction Cost)
.’ n|
5% $
':r— GRAND TOTAL RECYCLED WATER ONLY $
234

ENGINEERING COST ESTIMATE
, n >. PROJECT NO: Tract 20446 Trumark Homes
LOCATION : SE Corner East Preserve Loop & Legacy Park Street By: Paul Schenck
DATE: July 23, 2024
EngCostEstimate Page 6 of 11 Effective Date: January 1, 2021 Quantity Unit Item Unit
Price
Total Cost
Per Item
SEWER
LF Trench Support/Shoring $ 15.00 $
LF
4" V.C.P installed, inciuding excavation, bedding, backfiil and pavement restoration $75.00 $
LF
6" V.C.P Installed, including excavation, bedding, backflll and pavement restoration $85.00 $
LF
8" V.C.P installed, inciuding excavation, bedding, backflll and pavement restoration $93.00 $
LF
12" V.C.P. Instailed, inciuding excavation, bedding,
backfiii and pavement restoration $123.00 $
LF
15" V.C.P. Instaiied, including excavation, bedding,
backmi and pavement restoration $143.00 $
LF
18" V.C.P. Instaiied, inciuding excavation, bedding,
backfiii and pavement restoration $163.00 $
LF
21" V.C.P. Installed, inciuding excavation, bedding,
backtill and pavement restoration $193.00 $
LF
24" V.C.P. Installed, inciuding excavation, bedding,
backfill and pavement restoration $208.00 $
EA Sewer Saddie $450.00 $
EA Wyes 4" x 8" Typical $225.00 $
EA 48" Sewer Manhole $4,700.00 $
EA 60" Sewer Manhole $7,500.00 $
EA Sewer Cleanout $1 ,800.00 $
SEWER
SEWER SUBTOTAL $
1 LS Punchlist Items prior to City turnover $ 25,000.00 $ 25,000.00 LS Mobilization (5% of Construction Cost) 5% $
LS Traffic Control (5% of Construction Cost) 5% $
GRAND TOTAL SEWER ONLY $ 25,000.00
235
PROJECT NO:

LOCATION :

By:

DATE:

ENGINEERING COST ESTIMATE
Tract 20446 Trumark Homes
SE Corner East Preserve Loop & Legacy Park Street
Paul Schenck
July 23, 2024
EngCostEstimate Page7of11 Effective Date: January 1, 2021 Quantity Unit Item Unit
Price
Total Cost
Per Item

STORM DRAIN
LF 24" X 36" C.M.P.A. (10 Gauge) $ 230.00 $
LF 27" x 43" C.M.P.A (10 Gage) $ 250.00 $
EA Storm Drain Manhole #1 $ 10,000.00 $
EA Junction Structure #2 (24" or Iarg er) $ 8,850.00 5
EA Junction Structure #4 (24" or smailer) $ 4,000.00 $
EA Outlet Structure $ 7,000.00 $
EA Catch Basin 3.5' Width $ 7,200.00 $
EA Catch Basin 7' Width/L.D. $ 7,900.00 $
EA Catch Basin 10' Width/L.D. $ 9,950.00 $
EA Catch Basin 14' Width/LD. $ 11,000.00 $
EA Catch Basin 21' Width/LD. $ 13,000.00 $
LF
18 inch RCP Instaiied, including excavation, bedding,
backiill and pavement restoration $ 200.00 $
LF
24 inch RCP Instaiied, including excavation, bedding,
backfill and pavement restoration $ 240.00 $
LF
27 inch RCP Installed, including excavation, bedding,
backmi and pavement restoration $ 260.00 $
LF
30 inch RCP Instaiied, including excavation, bedding,
backmi and pavement restoration $ 280.00 $
LF
33 inch RCP Instaiied, including excavation, bedding,
backflll and pavement restoration $ 295.00 $
LF
36 inch RCP Instaiied, including excavation, bedding,
backfill and pavement restoration $ 310.00 $
LF
39 inch RCP Instaiied, including excavation, bedding,
backmi and pavement restoration $ 320.00 $
LF
42 inch RCP Instaiied, including excavation, bedding,
backiill and pavement restoration $ 330.00 $
LF
45 inch RCP Instaiied, including excavation, bedding,
backfili and pavement restoration $ 360.00 $
LF
48 inch RCP Installed, including excavation, bedding,
backflll and pavement restoration $ 385.00 $
LF
54 inch RCP Instaiied, including excavation, bedding,
backtili and pavement restoration $ 440.00 $
LF
60 inch RCP Instaiied, including excavation, bedding,
backfill and pavement restoration $ 500.00 $
236
PROJECT NO:

LOCATION :

By:

DATE:

ENGINEERING COST ESTIMATE
Tract 20446 Trumark Homes
T ' 5 SE Corner East Preserve Loop & Legacy Park Street Paul Schenck
July 23, 2024
EngCostEstimate Page8of11 Effective Date: January 1, 2021 Quantity Unit Item Unit
Price
Total Cost
Per Item

STORM DRAIN
LF
66 inch RCP Installed, including excavation, bedding,
backml and pavement restoration 560.00 $
LF
72 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 625.00 $
LF
78 inch RCP Installed, including excavation, bedding,
backml and pavement restoration 690.00 $
LF
84 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 765.00 $
LF
90 inch RCP Installed, including excavation, bedding,
backlill and pavement restoration 830.00 $
LF
96 inch RCP Installed, including excavation, bedding,
backtill and pavement restoration _92000 $
LF
102 inch RCP Installed, including excavation, bedding,
backml and pavement restoration
' ( I. . z
w
1,000.00
il' ’
V E;
$
v
LF
108 inch RCP Installed, including excavation, bedding,
backtill and pavement restoration i .LA' 1,075.00 $ -I. u-h i LF 7' x 6' RCB Installed, including excavation, bedding,
backml and pavement restoration 700.00 $
LF
7‘ x 8.5' RCB Installed, including excavation, bedding, backtill and pavement restoration 820.00 $
LF
7' x 9.5' RCB Installed, including excavation, bedding, backfill and pavement restoration 870.00 $
LF
8' x 11‘ RCB Installed, including excavation, bedding,
backml and pavement restoration 1,000.00 $
LF
3' x 13' RCB Installed, including excavation, bedding,
backtill and pavement restoration 1,100.00 $
LF
9' x 9' RCB Installed, including excavation, bedding,
backml and pavement restoration 1,000.00 $
LF
9‘ x 12‘ RCB Installed, including excavation, bedding,
backtill and pavement restoration 1,100.00 $
LF
4' x 6' RCB Installed, including excavation, bedding,
backtill and pavement restoration 680.00 $
EA . 36" CSP RISER 2,500.00 $
LF 30" CSP PIPE, 14 GUAGE 240.00 $
LF 24" CSP PIPE, 14 GUAGE 200.00 $
EA CONCRETE COLLAR 600.00 $
EA BRICK & MORTAR PLUG 300.00 $

STORM DRAIN
STORM DRAIN SUBTOTAL $
LS Punchlist Items prior to City turnover 25,000.00 $ 25,000.00 LS Mobilization (5% of Construction Cost) 5% $
237

ENGINEERING COST ESTIMATE
PROJECT NO: Tract 20446 Trumark Homes
LOCATION : SE Corner East Preserve Loop & Legacy Park Street By: Paul Schenck
DATE: July 23, 2024
EngCostEstimate Page 9 of 11 Effective Date: January 1, 2021 Quantity Unit Item Unit
Price
Total Cost
Per Item
LS Traffic Control (5% of Construction Cost) 5% $
GRAND TOTAL STORM DRAIN ONLY $ 25,000.00
238

ENGINEERING COST ESTIMATE
Tract 20446 Trumark Homes
SE Corner Ea'st P'Féu-s-éTLVe L'odp & Legacy Park Street Paul Schenck
July 23, 2024
PROJECT N0:

LOCATION :

By:

DATE:

EngCostEstimate Page 100f11 Effective Date: January 1, 2021 Quantity Unit Item Unit
Price
Total Cost
Per Item
DIRECT COSTS GRAND TOTAL STREETS ONLY $ 622,835.1 6
GRAND TOTAL WATER ONLY H $ 25,000.00
GRAND TOTAL RECYCLED WATER ONLY i $ - W
GRAND TOTAL SEWER ONLY $ 25,000.00
GRAND TOTAL STORM DRAIN ONLY $ 25,000.00

GRAND TOTAL (FOR PLAN CHECK & INSPECTION FEE
DETERMINATION) $ 697,835.1 6
PROJ ECT ADDITIVES Project Contingencies 10% $ 69,783.52 Construction Staklng 7 3% $ 20,935.05
Soils Testin - - I 1% $ 6,978.35
Material Testing 1% $ 6,978.35
Construction Inspection II 4.8% $ 33,496.09
Contract Administration I 1% $ 6,978.35
GRAND TOTAL. (FOR BOND AMOUNTS) $ 842,984.87
239
PROJECT NO:

LOCATION :

By:

DATE:

ENGINEERING COST ESTIMATE
Tract 20446 Trumark Homes
SE Corner East Preserve Loop & Legacy Park Street
Paul Schenck
July 23, 2024

BY ENGINEER
Prepared By:

R.C.E. Number:

Expiration:

C. Berard
45183
Place R.C.E. Stam and Si nature Here re uired

BY CITY
Faithful Performance Bond (100% of Construction Cost)
Labor & Material Bond (50% of Construction Cost)
Warranty Bond (10% of Construction Cost?
$ 843,000.00
$ 421 ,500.00
$ 84,300.00
EngCostEstimate Page11 of11 Effective Date: January 1, 2021 Quantity Unit Item Unit
Price
Total Cost
Per Item
240

6.3.e

DEVELOPMENT ENGINEERING DIVISION CONDITIONS OF APPROVAL TRACT MAP NO. 20446 (PL21-0045 MSA and PL2‘I-OO57)
DATE: July 25, 2022 PC MEETING DATE: September 19, 2022 PROJECT DESCRIPTION: 21 .90 acre Master Site Approval for the future development of 114 SFR.

PROJECT LOCATION: 8340 Chino Corona Road
APPLICANT: Chino Preserve Development Corp PROJECT ENGINEER: Felicia Marshall

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

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

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

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

1.0 PRIOR TO MAP RECORDATION:

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

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

1.3 Make the following dedications:

Street Name Distance Direction From C/L
Chino Corona Road 66 feet RNV 33 feet each side
Legacy Park Street 4O feet 1/2 width to the south
East Preserve Loop 83 feet RNV 4O feet to the west and 43 feet to the east
A throgqh F Street 6O feet RNV 30 feet each side

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

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

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

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

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

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Reviewed/Approved By' JP Date: 9/7/22
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6.3.e
TRACT MAP NO. 20446 2 July 25, 2022

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

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

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

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

1.9 Comply with all applicable requirements ofthe City Municipal Code.

1.10 Existing pedestrian facilities on the frontage of the development, open to the public within the development, shall be evaluated for accessibility. The street frontage includes all adjacent pedestrian. faCilities, including crosswalks, created by, prolongated from, or connected to any reqUIred Sidewalks improvements. The frontage may include sidewalks, curb ramps, connecting crosswalks (marked and unmarked), and their associated pedestrian facilities (on—street parking space, etc.). a. The following existing improvements shall be made compliant with accessibility regulations as a part of this project: i. park/recreation play facilities ii. sidewalks/walks
iii. shared-use paths/multi-purpose paths iv. curb ramps v. crosswalk pavement and associated pedestrian facilities (pedestrian push buttons, maneuvering, clear space) vi. driveway approaches crossings vii. parking space
b. Improvements that are non-compliant with the accessibility standards in effect at the time of construction or alteration, shall be brought up to current accessibility standards. This work shall be incorporated into the scope of this project and shall be completed prior to acceptance by the City. c. improvements that are compliant with the accessibility standards in effect at the time of construction, shall be documented on a separate construction plan with detailed specifications (running and cross slopes of all pedestrian walking surfaces, locations and dimensions and slopes of maneuvering spaces and landings, width of sidewalk, width, and vertical clearance from obstructions). The accessibility of existing improvements will be verified by City inspection staff upon completion of the project. Discrepancies between documented existing conditions and existing conditions as measured by City staff shall be remedied and brought up to accessibility standards as part of the project.

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

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6.3.e
TRACT MAP NO. 20446 3 July 25, 2022

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

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

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

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

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

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

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

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

2.7 Design full public improvements for all impacted and interior streets/facilities in accordance with the City Municipal Code, Standards and Specifications. Such public improvements may include, but not be limited to the following: (Please coordinate and verify all requirements with the project engineer.) Eng
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TRACT MAP NO. 20446 4 July 25, 2022
Street Names
“A” — “F77 East Chino Legacy
Preserve Corona Park
Loop Road Street
Curb & Gutter (Offset from Centertine) 18’ both 27’ both 20’ both 20’ both sides sides sides sides
Sidewaik (Width) 5’ both 6’ on 5’ both 10’ on
sides east and sides south
5’ on side
west side
Asphait Concrete Pavement on Aggregate Base
(Width from Centeriine) 16’ 25’ 18’ 18’
Asphalt Concrete Overiay
Street Lig hts
Median lsland and Landscaping
Parkway Landscaping
Striping and Traffic Controis
Traffic Signal Interconnect
Conduit System for CATV
Sewer"
Storm Drain3
Domestic Water
Recycied Water
Fire Hydrants as required by CVIFD
Other: Landscape Lot
1 Paint 20’ white curb adjacent to community mailboxes per CMC 10.28.040 (C), white paint indicates 3-minute parking for mailboxes. White curb shall not overlap with red curb at corners or crosswalks. 2 Public water mains shall not extend into lettered lots. 3 Line F Storm drain must be complete for this tract to tie into. There are also improvements that are required to the system tothe south of the tract, which ties into Line F. 4 The proposed sewer connects at the south end of Main Street. Sewer improvements from the tract will need to extend to the south. into Chino Corona Road, and continue southwest.

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

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

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

2.9 Obtain design and plan approval from appropriate utility companies for undergrounding all utility lines adjoining and interior to the project, including power lines of 34.5 kV or less, pursuant to City Municipal Code, Chapter 13.32.
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TRACT MAP NO. 20446 5 July 25, 2022

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

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

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

2. 12 All projects developing one (1) acre or more of total land area, or which are part of a larger phased development that will disturb one acre of land, are required to obtain coverage under the State Water Resources Control Board’s (SWRCB) General Permit for storm water discharges associated with construction activity. Proof of filing a Notice of lntent (NOI) with the SWRCB for coverage under this permit is required. A copy of the Waste Discharger’s identification Number (WDID), issued by the SWRCB, must be submitted to the Project Engineer prior to issuance of grading permits. More detailed information regarding this General Permit, applicable fee information and the necessary forms to complete the NOI are available by calling (916) 341-5537 or on the SWRCB web site at http://www.swrcb.ca.gov/water issues/proqrams/stormwater/constpermits.shtml

2.13 Pursuant to Santa Ana Regional Water Quality Control Board Order Number R8—2010-0036, NPDES Permit No. CA8618036, prepare a project-specific Water Quality Management Plan (WQMP) and submit to the project engineer for review and approval. To address NPDES Permit requirements to the maximum extent practicable, the project shall be designed to specify preferential use of Low impact Development Best Management Practices that reduce pollutants and runoff volume through structural measures (e.g. infiltration, harvesting, and bio—treatment) and non-structural measures (e.g. preserving natural areas, clustering development, and reducing impervious areas). The WQMP shall conform to the requirements of the San Bernardino County Stormwater Program, 2013 WQMP Technical Guidance Document.

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

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

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

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6.3.e
TRACT MAP NO. 20446 6 July 25, 2022

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

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

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

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

PRIOR TO REQUEST AND RELEASE OF ANY OCCUPANCY PERMITS:

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

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

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

PRIOR TO FINAL ACCEPTANCE/PROJECT CLOSEOUT:

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

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

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

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

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TRACT MAP NO. 20446 7 July 25, 2022

5.1.a

5.0 PINE AVENUE PUBLIC IMPROVEMENTS

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

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

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

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

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PROJECT ENGINEER: Felicia Marsha“
DATE: 7/19/2022

A COPY OF THIS CHECK LIST MUST BE SUBMITTED WITH THE FIRST PLAN CHECK 1 2
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6.3.e

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

DEVELOPMENT ENGINEERING DIVISION

ITEMS REQUIRED FOR FIRST PLAN CHECK SUBMITTAL
TRACT MAP NO. Error! Reference source not found.

Copy of Development Engineering Division Conditions ofApprovaI Sets of Maps (Subdivision Only)
Copies of preliminary Title Report (no older than six months) (Subdivision Only) Copies of Closure Calculations (Subdivision Only)
Set of Referenced Maps (Subdivision Only)
Copies of Preliminary Soils Report (no older than sixty days) Copies of lot line adjustment certificate
Copies of lot merger
Copies of right—of-way dedication
Sets of Rough Grading Plans
Sets of Precise Grading Plans
Sets of Storm Drain Plans
Copies of Hydrology and Hydraulic Calculations with Backup Data (Signed and Sealed by a Registered Civil Engineer)
Copies of Engineering Cost Estimate (On City Forms) with Engineer’s Wet Signature and Stamp Sets of Street Improvements Plans
Copies of Cross-Sections (if street plans are required) at 50’ intervals and extended a minimum of 100’ beyond limits of improvements
Sets of Sewer Plans
Sets of Domestic Water Plans
Sets of Recycled Water Plans
Sets of Street Light Plans including a Photometric Diagram Copies ofVoltage Drop Calculations (Signed and Sealed by a Registered Engineer) Sets of Signing and Striping Plans
Sets of Traffic Signal Interconnect Plans
Sets of Traffic Signal Plans
Water Quality Management Plan
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EXHIBIT “C”
TRACT MAP NO. 20446

TRUMARK HOMES LLC

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

1. Neither the property to be dedicated nor Subdivider are in violation of any environmental law, and neither the property to be dedicated nor the Subdivider are subject to any existing, pending or threatened investigation by any federal, state or local governmental authority under or in connection with the environmental laws relating to the property to be dedicated.

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

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

4. Subdivider’s prior and present use of the property to be dedicated has not resulted in the release of any Hazardous Substance on the property to be dedicated.

5. All persons executing this warranty hereby represent and warrant to the City of Chino, and Subdivider hereby represents and warrants, that the signators hereto have the legal power, right and authority to execute this warranty on behalf of the Subdivider and that the signators hereto have sufficient knowledge or expertise, either personally, through reasonable inspection and investigation of the property, or through reasonable reliance upon the investigation and professional opinion of Subdivider’s environmental experts, to make the representations herein, and that no consent of any other party is 01225.0006/3664702 C—1
249
required to execute this warranty and make the representations herein on behalf of the Subdivider to the City of Chino.

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

Dated: OgNRe/r‘ L3, Lo L"\
TH The Preserve Chino LLC, a California limited liability company K”
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*Proof of authorization for Subdivider’s signatures is required to be submitted concurrently with this environmental warranty.
01225.0006/3654702 C-2
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Docusign Envelope ID: 1C28CE60-D35E-4A19-AC66-33020AF94474

UNANIMOUS WRITTEN CONSENT

OF SOLE MEMBER AND MANAGER OF

TH THE PRESERVE CHINO LLC,
a California limited liability company
The undarsigrwd, Trumark Homes LLC, a California limited liability company (“Member”), is the sole member of TH THE PRESERVE CHINO LLC, a California limited liability company (the “‘Company"), does hereby consent by this writing (the “Consent”) to take the following actions, adopt the following resolutions, and transact the following business of the Company. Any capitalized terms used and not otherwise defined herein shall have the meaning “Operating set forth in that certain Operating Agreement 0f Company dated as of March l4, 2024 (the Agreement”).

APPOINTMENT OF AUTHORIZED AGENT

AND DELEGATION OF SIGNING AUTHORITY
WHEREAS, Company is acquiring and is developing a residential development project located in the City 0f Chino, County of San Bernardino, State of California, more commonly known as The Preserve (the “Project").

WHEREAS, Member is the sole member of Company, and is also the Manager of the Company (“Manager”), and Gregg A. Nelson is the manager of Member, and has the power and authority to carry out the resolutions adopted by this Consent and to execute any and all documents on behalfof the Company.

WHEREAS, pursuant to Section 4 of the Operating Agreement, the Manager has the authority to appoint officers and agents and to delegate to the officers and agents the authority to make any decisions, sign any documents or otherwise bind the Company, that the Manager is entitled to undertake without the approval ofthe Member.

WHEREAS, the Member and Manager deem it to be in the best interests of the Company to appoint an authorized agent of the Company to assist with the management of the Project.

RESOLVED, that the Manager of the Company hereby appoints Richard P. Douglass (“Douglass”) as “Authorized Agent” of the Company to assist with the management of the Project, and hereby authorize him, acting in his capacity as Authorized Agent of the Company, to do the following:
(i) To sign and deliver on Company’s behalf all purchase and sale agreements, and any amendments thereto, and other documents and agreements necessary or advisable to consummate the purchase of the Project and/or development of the Project on terms acceptable to, and in a form approved by the Manager; and (ii) To sign and deliver on Company’s behalf any agreements, documents, bonds, including replacement bonds, and any other related transaction documents 251
Docusign Envelope ID: 1C28CE60-D35E-4A19-AC66—33020AF94474 required to complete the development 0f the Project, in a form approved by, the Manager.

RESOLVED FURTHER, that Douglass, acting alone is authorized and directed to take any and all action authorized to be taken in his capacity as Authorized Agent as set forth in these resolutions.

OMNIBUS RESOLUTIONS
RESOLVED, that the Manager and Douglass, are, and each acting alone, is hereby authorized t0 do and perform any and all such acts, including execution of any and all documents and certiflcates, to make any necessary filings and to take such further action as such Manager and Douglass shall deem necessary or advisable, to carry out the purposes and intent of the foregoing resolutions.

RESOLVED FURTHER, that any actions taken by such Manager or Douglass prior to the date of the foregoing resolutions adopted hereby that are within the authority conferred thereby are hereby approved, ratified and confirmed as the acts and deeds of the Company.

RESOLVED FURTHER, that this Consent may be executed in counterpart and any signature on this Consent transmitted by facsimile or other electronic means shall be deemed an original signature.

RESOLVED FURTHER, that this Consent shall be filed with the Manager of the Company (who are instructed to insert it in records of the Company), and shall be deemed effective for all purposes as ofthe date set forth below. (Signatures on next page)
252
Docusign Envelope ID: 1C28CE60-D35E-4A19-AC66-3302OAF94474 Signature Page to Unanimous Written Consent of Sole Member and Manager of TH The Preserve Chino LLC
Effective Date: August 27, 2024
SOLE MEMBER AND MANAGER:

TRUMARK HOMES LLC,
a California limited liability company
M E. MLSM
Gregg A. Nelson, Manager
By:
253

PHILADELPHIA
-- INSURANCE COMPANIES
A Member of the Tokio Marine Group
Bond No. PB00224600533
Premium: $100.00/year

MONUMENT BOND
Subdivision Map Act Bond Format
WHEREAS, TH The Preserve Chino LLC, a California limited liability company, hereinafter designated as “Principal”, desires to record a final map for the development identified as: Tract Map N0. 20446 WHEREAS, pursuant to Article 9, Chapter l, Division 2, SUBDIVISION, of the Government Code of the State of California, the interior monuments shown on said final map need not be set at the time the map is recorded and said “Principal” wishes to have the interior monuments set after the time the map is recorded. Said “Principal” agrees to furnish a security guaranteeing the cost of setting such monuments.

NOW, THEREFORE, We, the “Principal” and Philadelphia Indemnity Insurance Company, as Surety, are held and firmly bound unto the City of Chino, State of California in the penal sum of Eight Thousand Three Hundred Eighty-Five and 00/100ths Dollars ($8,385.00), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.

The conditions of this obligation is such that if the monuments are set, and the engineer or surveyor setting the final monuments shall have been paid, then this obligation shall become null and void. Otherwise it shall be and remain in full force and effect.

As part of the obligation secured hereby and in addition to the amount of deposit specified above, it is agreed that we shall pay the costs and reasonable expenses and fees, including reasonable attorney’s fees, if any, incurred by the City in successfully enforcing such obligation against us, all to be taxed as costs and included in any judgment rendered.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work t0 be performed thereunder of the specifications accompanying the same shall in anyway affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.

IN WITNESS WHREROF, this instrument has been duly executed by the principal and surety above named, on October 22, 2024.

Principal Surety
TH The Preserve Chino LLC, a California Philadelphia Indemnity Insurance Company limited liability company kkw
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Philadelphia Consolidated Holding Corp. ' Philadelphia Indemnity Insurance Company ' Philadelphia Insurance Co mpany ' Maguire Insurance Agency, Inc, %‘-
254

ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity ofthe individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity ofthat document. personally appeared Richard P. Douglass , who proved Name(s) of Signer(s) to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the Within instrument and acknowledged to me that he/sheithey executed the same in his/her—ftheir authorized capacity(ies), and that by his/hen4heir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(§) acted, executed the instrument.

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

WITNESS my hand and official seal.

Mu,
(Signature of Notary Public) Place Notary Seal Above

STATE OF CALIFORNIA )
)

COUNTY OF ORANGE )
On October 23, 2024 before me, Faith Domotor, Notary Public, Date lnsert Name and Title of Officer
255
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individuai who signed the document to which this certificate is attached, and not the truthfuiness, accuracy, or validity of that document.

State of California
County of orange
On /0" 2’2 ’ QOLV before me, Lisa Marie Saumur, Notary Public Date Here Insert Name and Tit/e of the Officer
Jan Rivera personally appeared
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), orthe entity upon behalf of which the person(s) acted, executed the instrument. l certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correc Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. ©2 15 Nationai Notary Assocration www N tronaiNotary org 1 800 US NOTARY (1 800 876 6827) item #5907 t
y.

LISA MARIE SAUMUR
Notary Public - California WiTNEss y ha z
Orange County z
Commission ‘w‘ 248 7918 "
‘ . ‘ My Comm. Expires May 3. 2028 Signature m
Place Notary Seal Above

OPTIONAL
Description of Attached Document
Title or Type of Document:

Document Date: Number of Pages:

Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer’s Name: Signer’s Name:

B Corporate Officer — Title(s): D Corporate Officer -— Title(s):

D Partner — D Limited D General E Partner — D Limited D General D individual D Attorney in Fact i3 Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other: D Other:

Signer is Representing: Signer ls Representing:
256

PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza. Suite 100
Bala Cynvwd PA 19004-0950
Power of Attornev
KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSLVRAN‘CE COMPANY (the Company). a corporation organized and existing underthe laws oflhe Commonwealth ofl’ennsylvania. does hereby constitute and appoint Lourdes Landa‘ Mark Rosskopf, Lisa Saumur, Terri Amsbury.

Jan Rivera itstrue and lawful Attorney—in-fact with full authoritv to execute on its behalfbonds. undertakings. recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby in an amount not to exceed $50,000,000.

This Power ofAttomey is granted and is signed and sealed by facsimile tinder and bv the authority ofthe following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14‘“ ofNovemberi20l6 RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (l) Appoint Attomey(s) in Fact and authorize the Attomey(s) in Fact t0 execute on behalf of the Company bonds and undertakings contracts of indemnity and other writings obligatory in the nature thereofand to attach the seal ofthe Companyvthereto; and (2) to remove, at any time‘ any such Attorney»in-Fact and revoke the authority given Andt be it

FURTHER
RESOLVED: That the signatures of such officers and the seal ofthe Company may be affixed to any such Power ofAttomey or certificate relating thereto by facsimile. and anv such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect t0 any bond or undertaking to which it is attached.

IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 5TH DAY OF MARCH. 2021i atoh Glomb.

MM
President & CEO
Philadelphia Indemnity Insurance Company
On this 5”‘ dayof March. 2021 before me came the individual who executed the preceding instrument. to me personally known and being by me duly snorn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSL'RANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed Notary Public. \‘i/CLyzw£>q
Commonwnmi oiPannsyivania . Noury Seat YWCXtgwtJA/CQ.
(7‘ Vanessa Mdtenzie. Notary Public
Montgomery County
My commlssion expires November 3. 2024
Commlsslon number 1 366394
Member. Pennsynan aAs sedation d Notaries residing at: Bala Cymwd. PA My commission expires: November 3. 2024
I. Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY. do hereby certify that the foregoing resolution ofthe Board of Directors and the Power ofAttorney issued pursuant thereto on the 5‘“ day March. 2021 are true and correct and are still in full force and effect I do further certify that .Iohn Glomb, who executed the Power of Attorney as President. was on the date of execution of the attached Power of Attorney the duly elected President 0f PHILADELPHIA 1N DEMNITY INSURANCE COMPANY.

In Testimony Whereofl have subscribed my name and affixed the facsimile seal ofeach Company this 22nd day of OCTObEF .20 24 2Q§wa§
Edward Sayago. Corporate Secretary

PHILADELPHIA INDEMNITY INSITRANCE COMPANY
257
Bond No.1 PBOO224600532
ContractNo.: 7.615“ [b5
Approved: \oJ t [101%

FAITHFUL PERFORMANCE BOND
Tract Map No. 20446
Premium‘ $6 3gg QQ g xggg
WHEREAS, the City Council ofthe City of Chino, State of Caiifornia, hereinafter designated as “CITY” and “PRINCIPAL,” TH The Preserve Chino LLC, a Caiifornia limited liability company , hereinafter designated as have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated October 1, 2024 . and identified as Project No_ Tract Map No. 20446 , is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement.

NOW, THEREFORE we‘ the Principal and Philadelphia Indemnity insurance Company as surety, are held and firmly bound unto the City of Chino in the penal sum of Eight Hundred Forty-Three Thousand and 00/1 00ths Dollars ($ 843,000.00 ) lawful money of the United States, forthe payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that if the above-bound Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and provisions in said agreement and any alteration thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; othen/vise it shall be and remain in full force and effect.

As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees including reasonable attorneys’ fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in anyjudgment rendered.- The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the agreement or to the work or to the specifications.

IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named, on October 22, 2024 TH The Preserve Chino LLC, a California
limited liability company Philadelphia Indemnity Insurance Company PRINCIPAL Richard
\j
P. Douglass
Authorized Agent
By:

SIGNA TURES MUST BE NOTARIZED
Rev. 04/2019) Page 1 of 1
258

ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other offlcer completing this certificate verifies only the identity 0fthe individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

Date Insert Name and Title ofOfficer
personally appeared Richard P. Douglass , Who proved Name(s) of Signer(s) to me on the basis of satisfactory evidence to be the person(s) Whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sheyithey executed the same in his/her%thei-r authorized capacity(ies), and that by his/henétheir signature(s) on the instrument the person(s), or the entity upon behalf 0f which the person(s) acted, executed the instrument.

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

FAITH DOMOTOR Notary Public ‘ California Orange County Commission # 2488981 My Comm. Expires May 29, 2028 WITNESS my hand and official seal.

MKQRR~
(Signature ofNotary Fublic) Place Notary Seal Above
STATE OF CALIFORNIA l
)

COUNTY OF ORANGE )
On October 23, 2024 before me, Faith Domotor, Notary
259
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individua! who signed the document to which this certificate is attached, and not the truthfuiness, accuracy, or vaiidity of that document. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), orthe entity upon behalf of which the person(s) acted, executed the instrument. i certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.

WITNESS my ha . a
Signatu
Place Notary Seal Above

OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. ©2 15 National Notary AssOCIatIon www NationalNotary org 1 800 US NOTARY (1 800 876 6827) ltem #5907 r 45%
State of California
County of orange
On /D/ $1 / 7/0,; y before me, Lisa Marie Saumur, Notary Public Date Here Insert Name and Title of the Officer
personally appeared Jan Rivera
Name(s) of Signer(s)
Description of Attached Document
Title or Type of Document:

Document Date: Number of Pages:

Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer’s Name: Signer’s Name:

D Corporate Officer — Title(s): B Corporate Officer — Title(s):

D Partner — D Limited Cl General D Partner — D Limited D General D individual D Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other: D Other:

Signer ls Representing: Signer ls Representing:
260

PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza. Suite 100
Bala Cymwdh PA 19004—0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company). a corporation organized and existlng underthe laws ofthe Commonwealth OfPennsvlvania. does herebv constitute and appoint Lourdes Landa, Mark Rosskopf, Lisa Saumur Terri Amsbury, Jan Rivera its true and lawful Attorney—in—fact With t‘ull authority to exeCLite on its behalt‘bonds. undertakings recognizances and other contracts of‘indemnity and writings obligatory in the nature thereof. issued in the course of its business and to bind the Company thereby. in an amount not to exceed $50,000,000.

This Power ofAttorney is granted and is signed and sealed by facsimile under and bv the authority ot‘the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the l4”‘ ofNovemberjZOlo RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (I) Appoint Attorney/(S) in Fact and authorize the Attorney(s) in Fact to execute on behalf 0f the Company bonds and undertakings. contracts of indemnity and other writings obligatory in the nature thereot‘and to attach the seal ofthe Company thereto; and (2) to remove. at any time. any such Attorney-in—Fact and revoke the authority given And. be it

FURTHER
RESOLVED: That the signatures of such officers and the seal of the Company may be afflxed to any such Power ofAttorney or certificate relating thereto by facsimile. and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached.

IN TESTIMONY WHEREOF. PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 5TH DAY OF MARCH, 2021 Joh Glomb.
wilful
President & CEO
Philadelphia Indemnity Insurance Company
On this Sl" day of March. 2021 before me came the individual who executed the preceding instrument. to me personally known and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed Notary Public:

Dommonwnlth owcnnsyivania . Notary Seal _’2/'yb@4 it YY \(v-rKé’r, L/o/c/Q Vanessa Mokenzie. Notary Publtc (7‘
Montgomery County
My commission expires November 3‘ 2024
Commisslon number 1366394
Member, Denniylvr . aAssacmion at Notavias residing at: Bala Cynwyd. PA My commission expires: November 3, 2024
Directors
I. Edward
and
Sayago.
the Power
Corporate
ofAttorney
Secretary
issued
ofPHILADELPI—IIA
pursuant thereto on

INDEMNITY
the 5‘1‘ day March.

INSURANCE
202] arc

COMPANY,
true and correct
do hereby
and are
certify
still in
that
full
the
force
foreaoino
aiid effect
resolution
I do further
ofthe
certify
Board
that
of
John Glomb. who executed the Power of Attorney as President. was on the date of execution of the attached Power of Attorney the duly elected PreSideiit of PHILADELPHIA IN DEMNITY INSURANCE COMPANY In Testimony Whereofl have subscribed my name and affixed the facsimile seal ofeach Company this 22nd day of OCtOb€F _ 20 24 aQ§
Edward Sayago. Corporate Secretary

PHILADELPHIA INDEMNITY INSURANCE COMPANY
-/
261
Bond No.: PBOO224600532
Contract No.: Z 02.5 " I é 3 Approved: lO/I / 2.02.4

LABOR AND MA TERIAL BOND
Tract Map No. 20446 Premium: lncluded
WHEREAS, the City Councjl of _the Cjty of Chino State of California, hereinafter designated as “CITY” and “PRI'NC'IPAL,” TH The Preserve Chino LLC, a Caiifornia limited iiabiiity oompany . hereinafter designated as have entered into an agreement whereby Principal agrees to instaii and compiete certain designated pubiic improvements, which said agreement, dated October 1. 2024 , and identified as Project No. Tract Map No. 20446 , is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, Principai is required, before entering upon the performance ofthe work, to fiie a good and sufficient payment bond with the City of Chino to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 ofthe Civil Code ofthe State of California. Philadelphia Indemnity insurance Company NOW, THEREFORE, said Principal anfthe undersigned, as corporate surety, are held and firmly bound unto the City of Chino, and all contractors, subcontractors, laborers, material, men, and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Four Hundred Twenty-One Thousand Five Hundred and 00/100ths Dollars ($ 421 ,500.00 ) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. it is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

Should the condition of this bond be fully performed, then this obligation shall become null and void, othen/vise it shall be and remain in full force and effect.

The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition. lN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named, on October22, 2024 TH The Preserve Chino LLC, a California
limited iiabiiity company Philadelphia indemnity insurance Company

PRINCIPAL SURETY
By- \"%
Richard P. Douglass
Authorized Agent SIGNA TURE(S) MUST BE NOTARIZED
Rev. 04/2019) Page 1 of 1
262

ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity ofthe individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity ofthat document. personally appeared Richard P. Dougalss , who proved Name(s) ofSigner(s) to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/s-hefthey executed the same in his/heriitheir authorized capacity(ies), and that by his/henitheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

FAITH DOMOTOR Notary Public v Catifornia z
Orange County §
Commission # 2488981
WITNESS my hand and official seal.
gyew
KQM’J’R
(Signature ofNotary Public) Place Notary Seal Above
My Comm. Expires May 29. 2028

STATE OF CALIFORNIA )
l

COUNTY OF ORANGE )
On October 23, 2024 before me, Faith Domotor, Notary Public, Date Insert Name and Title ofOfficer
263
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. l certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.

WITN ESS y

LISA MARIE SAUMUR
Notary Public - California
Orange County
Commission ft 2487918
My Comm. Expires May 3. 2028
Place Notary Seal Above

OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. ©2015 National Notary Assomation ww NationalNotary org 1 800 US NOTARY (1 800 876 6827) Item #5907 State of California
County of Orange
On of 2?, rid), y before me, Lisa Marie Saumur, Notary Public Date Here Insert Name and Tit/e of the Officer
personally appeared Jan Rivera
Name(s) of Signer(s)
Description of Attached Document
Title or Type of Document:

Document Date: Number of Pages:

Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer’s Name: Signer’s Name:

Cl Corporate Officer — Title(s): D Corporate Officer — Title(s):

D Partner — D Limited E General D Partner — D Limited D General B individual D Attorney in Fact D individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other: D Other:

Signer ls Representing: Signer ls Representing:
264

PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza. SLnte 100
Bala Cynwyd. PA 19004-0950
Power of Attornev
KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company)_ a corporation organized and exisUng underthe laws ofthe Commonwealth ofPennsylvania, does hereby constitute and appoint Lourdes Landa, Mark RosskopfJLisa Saumur TerT‘i Amsbury. Jan Rivera its true and lawful Attorney-In-fact with full authority to execute on its behalfbonds, undertakings recognizances and other contracts oflindemnity and writings obligatory in the nature thereof. issued in the course ofits business and to bind the Company thereby. ln an amount not to exceed $50,000,000.

This Power ofAttorney is granted and is signed and sealed by facsimile under and by the authority ot‘the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14‘“ ot‘Novemberl2016 RESOLVED: That the Board of Directors hereby authorizes the President 0r any Vice President ofthe Company: (l ) Appoint Attorney/(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereofand to attach the seal ofthc Com pany thereto; and (2) to remove. at any time. any such Attorney‘in-Fact and revoke the authority given. And. be it

FURTHER
RESOLVED: That the signatures of such officers and the seal ofthe Company may be affixed to any such Power ofAttorney or certificate relating thereto by facsimile. and any such Power of Attorney so executed and certified by facsimtle sionatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached.

IN TESTIMONY WHEREOF. PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSFD THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 5TH DAY OF MARCH. 202T. 1011 Glomb.
wilmt
President& CEO
Philadelphia Indemnity Insurance Company
Corporate
On
Is the
this
therein
5”‘
seal
day
described
of
of
said
March.

Company;
and
202]
authorized
before
that the
me
officer
said
came
Corporate
the
ofthe
individual

PHILADELPHIA
Seal and
who
his
executed
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IVDEMMTY
the
were
preceding
duly affixed,
instrument

INSURANCE
to me
COMPANY;
personally known
that the
and
seal
being
affixed
by me
to
duly
said
sworn
iiistrument
said that
is the
he
I. Edward Sayago, Corporate Secretary ofPHlLADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution ofthe Board of Directors and the Power of Attorney issued pursuant thereto on the 5‘“ day March. 2021 are true and correct and are still in full force and effect l do further certify that John Glomb, who executed the Power of Attomey as President. was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANYI In Testimony Whereofl have subscribed my name and affixed the facsimile seal ofeach Company this 22nd day ot “CYObW 7i) 24 2Q§05£
Edward Sayago. Corporate Secretarv

PHILADELPHIA INDEMNITY INSIIRANCE COMPANY
Notary Public:

Gammonwulth otPannsyIvania - Notary Scat (aw-act YYYZ/Ke?;9,¢a \ Vanessa McKenzie. Notary Pubtlc
Montgomery County My commission expires November 3. 2024 Ccmmisston number 1 36639‘
Member. Pennsylvv . a Association ot Nozavies residing at: Bala Cynwvd. PA My commission expires: November 3. 2024
265
Bond NO.: PBOO2246OOS32
ContractNo.: 20.25 ‘ 163 Approved: '0 / / [25914

WARRANTY BOND
Tract Map No. 20446 Premium: Inciuded
WHEREAS, the City Council of the City of Chino, State of California, hereinafter designated as “CITY” and TH The Preserve Chino LLC, a California limited liability company , hereinafter designated as “PRlNClPAL,” have entered into an agreement whereby Principal has agreed to warrant and guarantee the installation, completion, and maintenance of certain designated public improvements, which said agreement, dated October 1, 2024 , and identified as Project No. TraCt Map NO- , is hereby referred to and made a part hereof; and 20446 WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the warranty of said improvements.

Philadelphia indemnity insurance
NOW, THEREFORE, we, the Principal, and Company , as surety, are held and hrmly bound unto the City of Chino in the penal sum of Eighty-Four Thousand Three Hundred and 00/100ths Dollars($ 84,300.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally, firmly by these presents.

The condition ofthis obligation is such that ifthe above bound Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and provisions in said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed thereof made as therein provided, on his orits part, to be kept and performed at the time and in the mannertherein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; othen/vise it shall be and remain in full force and effect.

As a part ofthe obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees including reasonable attorneys’ fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named, on October 22, 2024 TH The Preserve Chino LLC, a California
limited liabilitv companv Philadelphia indemnitvmsurancegompanv PRiNCiPAL ETY By: By: -- Richard P. Douglass ,tAtr eiy—n-Fact
Authorized Agent

SIGNA TURE(S) MUST BE NOTARIZED
Rev. 04/2019) Page 1 oft
I '
266

ALL-PURPOSE ACKNOWLEDGMENT
A notary public 0r other officer completing this certificate verifies only the identity ofthe individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity ofthat document. personally appeared Richard P. Douglass , who proved Name(s) of Signer(s) to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sheit—hey executed the same in his/hervitheir authorized capacity(ies), and that by his/healtheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.
%;m>\lxwvm
(Signature ofNotary Fublic) Place Notary Seal Above

STATE OF CALIFORNIA )
)

COUNTY OF ORANGE )
On October 23, 2024 before me, Faith Domotor, Notary Public, Date Insert Name and Title of Officer
267
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or vaiidity of that document. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. l certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph 5w r
5"a, LISA MARIE SAUMUR is true and correct. Notary Public - California Orange County " I v ~ Commission # 2487918 “on” My Comm. Expires May 3. 2028 ivuu é
|_ Z ITI (D 3‘<
Sign tur of No ryPub/Ic
Place Nota/y Seal Above

OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

State of California
County of orange
On A!) ’ b l wéé/ before me Lisa Marie Saumur, Notary Public Date Here Insert Name and Tit/e of the Officer
personally appeared Jan Rivera
Name(s) of Signer(s)
Description of Attached Document
Title or Type of Document:

Document Date: Number of Pages:

Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer’s Name: Signer’s Name:

El Corporate Officer — Title(s): D Corporate Officer — Title(s):

D Partner — D Limited D General D Partner — D Limited D General D lndividual D Attorney in Fact D lndividual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator E] Other: D Other:

Signer ls Representing: Signer ls Representing:

US NOTARY (1 800 876 6827) item #5907
268
PHILADELPHIA INDEMNITY lNSl‘RANCE COMPANY
One Bala Plaza‘ Suite 100
Bala Cynwyd, PA 19004-0950
Power of Attornev
KNOW ALL PERSONS BY THESE PRESENTS: Thax PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Companv) a corporauon organized and existing underthe laws ofthe Commonwealth ofPennsylvania, does hereby constitute and appoint Lourdes Landa, Mark Rosskopf,4L‘isa Saumur, Terri Amsbury, Jan Rivera itstr‘ue and lawful Attorney-in—fact with full authority to execute on its behalt‘bonds‘ undertakings‘ recognizances and other contracts ot‘indemnity and \witings obligatory in the nature thereot‘e issued in the course of its business and to bind the Company thereby. in an amount not to exceed $50,000,000.

This Power ofAttorney is granted and is signed and sealed by facsimile under and by the authority ofthe following Resolution adopted by the Board of Directors 0f PHILADELPHIA IN DEMNITY INSURANCE COMPANY on the 14”‘ ofNovemberJ2016.

RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President ofthe Company: (I ) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal ofthe Company thereto; and (2) to remove, at any time, any such Attomey—in—Fact and revoke the authority given. And, be it

FURTHER
RESOLVED: That the signatures of such officers and the seal ofthe Company may be affixed to any such Power ofAttomey or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached.
lN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 5TH DAY OF MARCH, 202] tit oh Glomb,
withdPresident & CEO
Philadelphia Indemnity Insurance Company
On this 5‘“ day of March. 2021 before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal 0f said Company; that the said Corporate Seal and his signature were duly affixed Notary Public:

KaywJ/M rY‘tC/k/g ,fgdaAa. commonwealth otPcmytvania - Notary Seat Vanessa Maker-ate. Notary Public
Montgomery County
My commission expires November 3, 2024
Commission number 1366394
Mambort Pannsylva‘ .aAssaeiatian of Notaries residing at: Bala Cynwyd. PA My commission expires: November 3. 2024
I. Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY. do hereby certify that the foregoing resolution ofthe Board of Directors and the Power of Attorney issued pursuant thereto on the 5‘” day March, 2021 are true and correct and are still iii full force and effect. I do further certify that John Glomb, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY.

In Testimony Whereofl have subscribed my name and affixed the facsimile seal ofeach Company this 22nd day of OCtGbCI‘ 2o 24 25299 “
Edward Sayago, Corporate Secretary

PHILADELPHIA INDEMNITY INSURANCE COMPANY
269

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT
CITY COUNCIL MEETING DATE: OCTOBER 1, 2024
TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, PUBLIC WORKS DIRECTOR

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

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

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

CITY OF CHINO MISSION l VISION IVALUES I STRATEGIC ISSUES The recommendation detailed above will further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
o Responsible Long—Range Planning
Revenue: Click or tap here to enter text. Expenditure:

Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 270
CITY COUNCIL MEETING DATE: OCTOBER 1, 2024
TITLE: REPLACEMENT SUBDIVISION IMPROVEMENT AGREEMENTS FOR TRACT MAP NOS. 20446 & 20446-1 (BLOCK 3) IN THE PRESERVE.

PAGE: 2

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

On February 23, 2022, the City’s Planning Commission conditionally approved a Development Modification to the Master Site Approval and Tentative Tract Map No. 16420. The modification removed the phased development concept originally approved, divided the larger land area into smaller lots to be reconveyed for development, and established improvement areas for future development. lt is important to note that the Developer modification also incorporated conditions of approval for improvements along Pine Avenue for associated developments within the larger project area to help facilitate needed improvements to the area.

Subsequently, on September 19, 2022, the City’s Planning Commission approved Master Site Approval PL21-OO45 and Tentative Tract Map No. 20446 to create 114 numbered lots and 7 lettered lots to accommodate 114 single—family homes (known as ”Block 3”). This project is generally located on the north side of Chino Corona Road between East Preserve Loop and Legacy Park Street as shown in Exhibit A. Tract Map No. 16420 (as amended) required surety for portions of offsite improvements within the Tentative Tract Map No. 20446 area.

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

ISSUES/ANALYSIS
Under typical conditions, a bond release occurs only after all required public improvements are completed. However, there are always exceptions. Recently, Chino Preserve Development Corporation sold Tract Map No. 20446 to TH The Preserve Chino LLC (its sole member and 271
CITY COUNCIL MEETING DATE: OCTOBER 1, 2024
TITLE: REPLACEMENT SUBDIVISION IMPROVEMENT AGREEMENTS FOR TRACT MAP NOS. 20446 & 20446-1 (BLOCK 3) IN THE PRESERVE.

PAGE: 3
manager is Trumark Homes LLC) and Tract Map No. 20446-1 to Century Communities of California, LLC. These new buiiders will take over the remaining work for each respective tract that was going to be completed by Chino Preserve Development Corporation. This transition requires new Subdivision Improvement Agreements and securities. The new builders provided updated cost estimates for the remaining work on each tract, leading the City to reduce Chino Preserve Development Corporation’s bonds in line with the existing agreements, reflecting the work already completed and the tasks being handed over to the new builders.

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

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

Attachments: Exhibit A Location Map Master Site Approval PL21-OO45 Exhibit B Location Map Tract Map No. 16420—5
Exhibit C Location Map Tract Map No. 20446
Exhibit C—1 Location Map Tract Map No. 20446—1
Exhibit D Subdivision Improvement Agreement Tract Map No. 20446 Exhibit D-1 Subdivision Improvement Agreement Tract Map No. 20446—1 Exhibit E Subdivision Improvement Agreement Tract Map No. 20446 Exhibit E—1 Subdivision Improvement Agreement Tract Map No. 20446-1 272
01225.0006/3664702

SUBDIVISION IMPROVEMENT AGREEMENT
by and between

CITY OF CHINO
and

CENTURY COMMUNITIES OF CALIFORNIA, LLC
Updated 10-2020
Contract No. 2025-168
273

SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN

THE CITY OF CHINO
AND

CENTURY COMMUNITIES OF CALIFORNIA, LLC
Agreement Date: October 1, 2024
Subdivider Name; Century Communities of California, LLC, a Delaware limited liability company Subdivision Description: 10.53—acre subdivision consistinq of 59 sinqle-familv residential units generally located south of Legacy Park Street between East Preserve Loop and Chino Corona Road in the Low-Density Residential land use designation area of The Preserve within Block 3.

Tentative Map No.: 20446-1
Estimated Total Cost of Improvements: $869,400.: 00
Estimated Total Cost of Monumentation: $10,105.00 (based upon the plans, includinq individual lots, subdivision boundary and public improvements).

Secu rity:

Bond N 0.: @aKW/Cel ~m
Surety: Wadi as: (’0. U
01 225.0006/3664702 274
Designees for the Service of Written Notice:
0122510006/3664702
CITY: SUBDIVIDER:

Jesus Piasencia
Assistant City Engineer
13220 Central Avenue
Chino, CA 91710
(909) 334-3417
[email protected]
Paul Kim
Senior Land Project Manager
4695 MacArthur Court, Suite 300
Newport Beach, CA 92660
(949) 344—2215
[email protected]

CITY PROJECT INSPECTOR
isaac Ortega
Permit & Inspection Supervisor
13220 Centrai Avenue
Chino, CA 91710
(909) 334—3501
[email protected]
275

TABLE OF CONTENTS
. Construction Obligations
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A O
Works of Improvement
Other Obligations Referenced in Conditions of Tentative Map Approvai Intent of Pians
Survey Monuments
Performance of Work
Changes in the Work
Defective Work
No Warranty by City
Authority of the City Engineer
Documents Availabie at the Site
inspection
Compiiance with Law; Applicable Standards for Improvements Suspension of Work
Erosion and Dust Control and Environmental Mitigation
Final Acceptance of Works of Improvement
Vesting 0f Ownership
Subdivider’s Obligation to Warn Public During Construction Injury to Public Improvements, Public Property or Public Utility . Secu rity

4.1 4.2

4.3 4.4

4.5 Required Security
Form of Security Instruments
Subdivider’s Liability
Letters of Credit
Release of Security Instruments
. Cost of Construction and Provision of Inspection Service

5.1 Subdivider Responsible for All Related Costs of Construction ()1 225.0006/366470.2
. Time for Performance

2.1 Commencement and Completion Dates

2.2 Phasing Requirements

2.3 Force Majeure

2.4 Continuous Work

2.5 Reversion to Acreage
Labor

3.1 Labor Standards

3.2 Nondiscrimination

3.3 Licensed Contractors

3.4 Workers’ Compensation
276

5.2 Payment to City for Cost of Related Inspection and Engineering Services

5.3 Payment of Development impact Fees

6. Acceptance of Offers of Dedication

7. Warranty of Work

8. Default

8.1 Default by Subdivider

8.2 Remedies

8.3 Remedies Not Exciusive

8.4 Attorney’s Fees and Costs

8.5 Waiver

9. Indemnity/Hoid Harmless

10. Subdivider’s Indemnity of Project Approval

11. insurance Requirements

12. Environmentai Warranty

13. General Provisions

13.1 Successors and Assigns

13.2 No Third-Party Beneficiaries

13.3 No Vesting Rights

13.4 Subdivider is Not Agent of City

13.5 Time ofthe Essence

13.6 Notices

13.7 No Apportionment

13.8 Severability

13.9 Captions

13.10 Incorporation of Recitals

13.11 Interpretation

13.12 Entire Agreement; Waivers and Amendments

13.13 Counterparts

14. Authority
01 225.0006/3664702 277

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

RECITALS
A. Subdivider is the owner of, and has obtained approval of a subdivision map identified as Tentative Tract Map No. 20446-1, (the “Map"), located in the City of Chino, County of San Bernardino, State of California (the “Property”), as described on Exhibit A The Map requires Subdivider to comply with certain conditions of approval for the development of the Property (the “Conditions") as described on Exhibit B B. Pursuant to the Conditions, Subdivider, by the Map, has offered for dedication to City for public use of the streets and easements shown on the Map. City desires to accept the streets and easements shown on the Map for public use, and certain other improvements described in this Agreement.

D. Subdivider’s agreement to construct and install the Works of Improvement pursuant to this Agreement and its offer of dedication of the streets, easements and other improvements and facilities, as shown on the Map, are a material consideration to City in approving Final Map No. 20446-1 for the Property and permitting development of the Property to proceed.

1. Construction Obliqations.

1.1. Works of Improvement. Subdivider agrees, at its sole cost and expense, to construct or install, or cause to be constructed or installed the street, drainage, domestic water, sanitary sewer, street lighting, landscaping, utility, and other improvements more fully described in Exhibit “B” attached hereto (the “Works of Improvement”), as the same may be supplemented and revised from time to time as set forth in this Agreement (said plans and 01 225.0006/366470.2
278
specifications, together with all related documents. the “Plans”). The estimated construction cost for the Works of improvement is $869,400. 00

1.2. Other Obligations Referenced in Conditions of Tentative Map Approval. In addition to the foregoing, Subdivider shali satisfy ali of the Conditions on the Map for the Property. The Conditions associated with the Map are included in Exhibit “B” attached hereto.

1.3. intent of Plans. The intent of the Plans referenced in Section 1.1 is to prescribe a complete work of improvement which Subdivider shall perform or cause to be performed in a manner acceptable to the City Engineer, (or designee), and in full compliance with all codes and the terms of this Agreement. Subdivider shall complete a functional or operable improvement or facility, even though the Plans may not specifically caii out all items of work required for Subdivider’s contractor to complete its tasks, incidental appurtenances, materials, and the like. if any omissions are made or information necessary to carry out the fuii intent and meaning of the Plans, Subdivider or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the Plans, reference shall be made to the City Engineer whose decision thereon shall be final.

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

1.4. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments as shown on Final Map No. 20446-1 in accordance with the provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City of Chino. Subdivider shall provide security for such obligation as provided in Section 4.1(a)(iii) and, after setting the monuments, Subdivider shall furnish the City Engineer written notice of the setting of said monuments and written proof of having paid the engineer or surveyor for the setting of said monuments.

1.6. Changes in the Work. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Paragraph 4, may order extra work or may make changes by altering or deleting any portion of the Works of improvement as specified herein or as deemed necessary or desirable by the City Engineer as determined necessary to accomplish the purposes of this Agreement and to protect the public health, safety, or welfare. The City Engineer shall notify Subdivider or its contractor in writing (by Correction Notice) at the time a determination has been made to require changes in the work. No field changes performed or proposed by Subdivider or its contractor shall be binding on City unless approved in writing by the City Engineer. The City and Subdivider may mutually D1 225.0006/3664702
279
agree upon changes to the Works of improvement, subject to the security requirements in Section 4.

1.7. Defective Work. Subdivider shall cause its contractor to repair, reconstruct, replace, or othenNise make acceptable any work found by the City Engineer to be defective.

1.8. No Warranty by City. The Pians for the Works of improvement have been prepared by or on behaif of Subdivider or its consuitants or contractors, and City makes no representation or warranty, express or impiied, to Subdivider or to any other person regarding the adequacy of the Plans or related documents.

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

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

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

1.12. Compliance with Law; Applicable Standards for improvements. in addition to the express provisions of this Agreement and the Plans, Subdivider shall cause construction of the Works of improvement to be completed in accordance with ail other applicable federal, state, and local laws, ordinances, rules and regulations. in addition, without limiting the foregoing, the Subdivider shall, at its expense, obtain and comply with the conditions of all necessary permits and licenses for the construction of the Works of improvement. The Subdivider shall also give all necessary notices and pay all fees and taxes as required by law. 01 225,0006/3664702
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Subdivider shaH construct the improvements in accordance with the City standards in effect at the time of the adoption of the Approved Tentative Map. City reserves the right to protect the pubiic safety or welfare or compiy with applicable Federal or State law or City zoning ordinances.

1.13. Suspension of Work. The City Engineer shall have authority to order suspension of the work for failure of the Subdivider’s contractor to comply with law pursuant to Section

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

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

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

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

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

The date on which the Works of Improvement will be considered as complete shall be the date of the Notice of Acceptance.
01 225.0006/3664702
281

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

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

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

2. Time for Performance.

2.1. Commencement and Completion Dates. Subject to Sections 2.2 and 2.3 below, Subdivider shall (i) commence with construction and installation of the Works of Improvement thirty (30) days following City’s approval of the Plans (“Commencement Date”); and (ii) complete or cause to be completed all of the Works of Improvement within two (2) years after the Commencement Date. In the event good cause exists as determined by the City Engineer, the time for commencement of construction or completion of the Works of Improvement hereunder may be extended by up to three (3) additional one—year periods. Extensions shall be executed in writing by the City Engineer. The City Engineer in his or her sole discretion determines whether or not the Subdivider has established good cause for an extension. As a condition of such extension, the City Engineer may require Subdivider to furnish new security guaranteeing performance of this Agreement, as extended, in an increased amount to compensate for any increase in construction costs as determined by the City Engineer. If Subdivider requests and is granted an extension of time for completion of the improvements, City may apply the standards in effect at the time of the extension.

2.2. Phasing Requirements. Notwithstanding the provisions of Section 2.1, the City reserves the right to control and regulate the phasing of completion of specific Works of Improvement as required to comply with applicable City ordinances, regulations, and rules relating to the timely provision of public services and facilities. In addition to whatever other remedies the City may have for Subdivider’s failure to satisfy such phasing requirements, as O1 225.0006/366470.2
282
the same now exist or may be amended from time to time, Subdivider acknowledges City’s right t0 withhold the issuance of further building permits on the Property until such phasing requirements are satisfied. Prior to issuance of building permits, Subdivider shall provide satisfactory evidence that all applicable requirements that are a condition to issuance of building permits have been satisfied. Such requirements may include the payment of fees, construction of improvements, or both. Final inspections or issuance of Certificates of Occupancy may be withheld from the Subdivider by the City, if, upon a determination by the City Engineer, completion of specific Works of Improvements or other requirements associated with the development of the Property have not been completed to the City Engineer’s satisfaction.

2.3. Force Majeure. Notwithstanding the provisions of Section 2.1, Subdivider’s time for commencement and completion of the Works of Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikes, lockouts, pandemics, acts or failures to act of a public agency (including City), required changes to the scope of work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than five (5) days prior to City’s receipt of a written notice from Subdivider or its contractor detailing the grounds for Subdivider’s claim to a right to extend its time for performance hereunder. The City Engineer shall evaluate all claims to Force Majeure and make a reasonable determination regarding the length of any extension of time for commencement and/or completion of the Works of Improvement and the City Engineer’s decision shall be final.

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

2.5. Reversion to Acreage. ln addition to whatever other rights City may have due to Subdivider’s failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Section 66499.11 through Section 66499201

3. LabOh

3.2. Nondiscrimination. In accordance with the California Fair Employment and Housing Act (“FEHA”), California Government Code Section 12940 et seq., Subdivider agrees 01 225.0006/3664702
283
that Subdivider, its agents, employees, contractors, and subcontractor performing any of the Works of Improvement shall not discriminate, in any way, against any person on the basis of race, ethnicity, reiigious creed, color, nationai origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Subdivider shall expressly require compliance with the provisions of this Section in all agreements with contractors and subcontractors for the performance of this Agreement.

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

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

4. Security.

4. 1. Required Security.
(a) At the time Subdivider executes this Agreement, Subdivider shall furnish to City the following bonds, letters of credit, instruments of credit (assignment of deposit account) or other security acceptable to City in its sole and absolute discretion and satisfying the requirements of the applicable provisions of this Section 4 below (hereinafter “Security Instruments”):
(i) A Security Instrument securing Subdivider’s faithful performance of all of the Works of Improvement (“Faithful Performance Security Instrument”), in the amount of $869,400.00 equal to 100% of the estimated construction cost referenced in Section 1.1.
(ii) A Security Instrument guaranteeing the payment to contractors, subcontractors, and other persons furnishing labor, materials, and/or equipment (“Labor and Materials Security Instrument”) with respect to the Works of Improvement in an amount equal to $434,700.00 equal to 50% of the estimated construction cost referenced in Section 1.1.
(iii) A Security Instrument guaranteeing the payment of the cost of setting monuments as required in Section 1.4 in the amount of $10,105.00 equal to 100% ofthe cost thereof.
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This Agreement shall not be effective for any purpose until such Security instruments are supplied to and approved by City in accordance herewith. (b) Required Security instrument for Maintenance and Warrantv. Prior to the City Councii’s acceptance of the Works of improvement and recordation of a Notice of Completion, Subdivider shaii deiiver a Security instrument warranting the work accepted for a period of one (i) year foiiowing said acceptance (“Maintenance and Warranty Security instrument”), in the amount of $86,900.00 equal to 10% of the estimated construction cost set forth in Section 1.1 or a suitable amount determined by the City Engineer.

4.2. Form 0f Security instruments. All Security instruments shaii be in the amounts required under Section 4.1 (a) or 4.1(b), as applicable, shaii meet the foiiowing minimum requirements and othenNise shaii be in a form provided by City or othenNise approved by the City Attorney:
(a) Bonds. For Security instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California. Any insurance company acting as surety shaii have a minimum rating of A—iX, as rated by the current edition of Best’s Key Rating Guide published by A.M. Best’s Company, Oidwick, New Jersey, 08858. Any bank acting as surety shaii have a minimum rating of AA, as rated by Moody’s or Standard & Poor’s.
(b) Letters of Credit. For Security instruments which are letters of credit, any letter of credit shaii be an original separate unconditional, irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shaii specifically permit City to draw on same by unilateral certification of the City Engineer of the City that Subdivider is in default under its payment or performance obligations hereunder or in the event Subdivider fails to deliver a replacement letter of credit not less than thirty (30) days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 4.4.
(c) instrument of Credit. For Security instruments which are instruments of Credit, any instrument of Credit shall be an assignment of deposit account assigning as security to City all of Subdivider’s interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. (d) General Requirements for ail Security instruments.
(i) Payments under any Security instruments shaii be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the City of Chino, State of California (and the Security Instrument shall so provide).
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(ii) Each Security instrument shall have a minimum term of one (1) year after the deadline for Subdivider’s completing the Works of Improvement, in accordance with Section 2.1 (other than Instruments of Credit, which shali have no defined term or expiration date).
(iii) Each Security instrument shaii provide that changes may be made in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and without affecting the obiigations under such Security instrument. (iv) if the Subdivider seeks to repiace any security with another security, the replacement shaii: (1) compiy with aii the requirements for security in this Agreement; (2) be provided by the Subdivider to the City Engineer; and (3) upon its written acceptance by the City Engineer, be deemed a part of this Agreement. Upon the City Engineer’s acceptance of a replacement security, the former security shall be released by the City.

4.3. Subdivider’s Liability. While no action of Subdivider shall be required in order for City to realize on its security under any Security instrument, Subdivider agrees to cooperate with City to facilitate City’s realization under any Security instrument, and to take no action to prevent City from such realization of any Security instrument. Notwithstanding the giving of any Security instrument or the subsequent expiration of any Security instrument or any failure by any surety or financial institution to perform its obiigations with respect thereto, Subdivider shaii be personally iiabie for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10) days after written demand therefor, deliver to City such substitute security as City shaii require satisfying the requirements in this Section 4.

4.4. Letters of Credit.
(a) in the event a letter of credit is given pursuant to Section 4.2(b), City shaii be entitled to draw on any such letter of credit if a replacement letter of credit (expiring in not less than one (1) year, unless City agrees to a lesser term in City’s sole and absolute discretion) is not delivered not less than thirty (30) days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit delivered hereunder, issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit. (b) in the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obiigations secured by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Subdivider. if the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as 01 225.0006/366470.2
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provided in the foregoing. Subdivider agrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City’s security interest in such account.

4.5. Release of Security Instruments. The City shall release all Security instruments consistent with Government Code Sections 66499.7 and 66499.8, Section 19.09.010 of the Chino Municipal Code, and as follows:
(a) City shall release the Faithful Performance Security instrument and Labor and Materials Security instrument when all of the following have occurred:
(i) Subdivider has made written request for release and provided evidence of satisfaction of all other requirements in this Section 4.5; (ii) the Works of Improvement have been accepted;
(iii) Subdivider has delivered the Maintenance and Warranty Security instrument; and
(iv) after passage of the time within which lien claims are required to be made pursuant to Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California. If lien claims have been timely filed, City shall hold the Labor and Materials Security instrument until such claims have been resolved, Subdivider has provided a statutory bond, or otherwise as required by applicable law.
(b) City shall release the Maintenance and Warranty Security instrument upon Subdivider's written request upon the expiration of the warranty period, and settlement of any claims filed during the warranty period. (c) The City may retain from any security released, an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorney’s fees.

5. Cost of Construction and Provision of Inspection Service.

5.1. Subdivider Responsible for All Costs of Construction. Subdivider shall be responsible for payment of all costs incurred for construction and installation of the Works of Improvement. In the event Subdivider is entitled to reimbursement from City for any of the Works of Improvement, such reimbursement shall be subject to a separate Reimbursement Agreement to be entered into between Subdivider and City prior to construction of the Works of Improvement.

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

Subdivider shall compensate City for all of City’s costs reasonably incurred in having its 01 225.0006/366470.2
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authorized representative make the usual and customary inspections of the Works of Improvement. in addition, Subdivider shali compensate City for all design, plan check, evaluating any proposed or agreed-upon changes in the work. The procedures for deposit and payment of such fees shaii be as established by the City. In no event shall Subdivider be entitled to additional inspections or a final inspection and acceptance of any of the Works of improvement until all City fees and charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections.

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

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

8. Default.

8.1. Default by Subdivider. Default by Subdivider shall include, but not be limited to:
(a) Subdivider’s failure to timely commence construction of Works of Improvement under this Agreement;
(b) Subdivider’s failure to timely complete construction of the Works of Improvement;
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(d) Subdivider’s insolvency, appointment of a receiver, or the filing of any petition in bankruptcy, either voluntary or invoiuntary, which Subdivider faiis to discharge within 3O days;
(e) The commencement of a foreciosure action against the subdivision or a portion thereof, or any conveyance in lieu or in avoidance of foreciosure; or (f) Subdivider‘s failure to perform any other obligation under this Agreement.

8.2. Remedies. The City reserves all remedies available to it at law or in equity for a default or breach of Subdivider’s obligations under this Agreement. The City shall have the right, subject to this Section, to draw upon or use the appropriate security to mitigate the City’s damages in the event of default by Subdivider. The City’s right to draw upon or use the security is in addition to any other remedy available to City. The parties acknowledge that the estimated costs and security amounts may not reflect the actual cost of construction of the improvements and, therefore, City’s damages for Subdivider’s default shall be measured by the cost of completing the required improvements. The City may use the sums provided by the securities for the completion of the Works of Improvement in accordance with the plans. in the event the Subdivider fails to cure any default under this Agreement within 20 days after the City mails a notice of such default to the Subdivider and the Subdivider’s surety, Subdivider authorizes the City to perform the obligation for which Subdivider is in default and agrees to pay the entire cost of such performance by the City. The City may take over the work and complete the Works of improvement, by contract or by any other method City deems appropriate, at the expense of the Subdivider. ln such event, City, without liability for doing so, may complete the Works of Improvement using any of Subdivider’s materials, appliances, plans and other property that are at the work site and that are necessary to complete the Works of improvement.

8.3. Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, the Subdivider agrees that the choice of remedy or remedies for Subdivider’s breach shall be in the discretion of the City. Additionally, any remedy specifically provided in this Agreement shall be in addition to, and not exclusive of, City’s right to pursue any other administrative, legal, or equitable remedy to which it may by entitled.

8.4. Attorney’s Fees and Costs. In the event that Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney’s fees. In the event of any dispute arising out of Subdivider’s performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney’s fees and costs. Such attorney’s fees and cost shall include fees and costs on any appeal, and in addition a party entitled to attorney’s fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have 01 225.0006/366470.2
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accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment.

8.5. Waiver. No waiver by the City of any breach or defauit by the Subdivider shali be considered valid unless in writing, and no such waiver by the City shall be deemed a waiver of any subsequent breach or default by the Subdivider.

9. indemnitwHold Harmless. City or any officer, employee or agent thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of Subdivider, its agents, employees, contractors and subcontractors in the performance of this Agreement. Subdivider further agrees to protect, defend, indemnify and hold harmless City, its officials, boards and commissions, and members thereof, agents, and employees from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, acts or omissions of Subdivider, its agents, employees, contractors and subcontractors in the performance of this Agreement, except for such claims, demands, causes of action, liability or loss arising out of the sole active negligence of the City, its officials, boards, commissions, the members thereof, agents and employees, including all claims, demands, causes of action, liability or loss because of or arising out of, in whole or in part, the design or construction of the improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said Subdivision, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design and construction of public drainage systems, streets and other improvements.

After recordation of the Notice of Acceptance, the Subdivider shall remain obligated to eliminate any latent defect in design or dangerous condition caused by the design or construction defect for a period of one (1) year; however, Subdivider shall not be responsible for routine maintenance. It is the intent of this section that Subdivider shall be responsible for all liability for design and construction of the improvements installed or work done pursuant to this Agreement and that City shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving or reviewing any work or construction. The improvement security shall not be required to cover the provisions of this Paragraph.

10. Subdivider’s Indemnity of Project Approval. Subdivider shaH defend, indemnify, and hold harmless the City and its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning the Subdivision. The City shall promptly notify the Subdivider of any claim, action, or proceeding and cooperate fully in the defense of any such claim, action, or proceeding. In the event City fails to promptly notify the Subdivider of any claim, action, or proceeding, or if the City fails to cooperate in the defense, the Subdivider shall not thereafter be responsible to defend, indemnify, or hold harmless the City. Nothing in this Section prohibits the City from participating in the defense of any claim, action, or proceeding if City bears its own attorney’s fees and costs and defends the action in good faith. Subdivider shall not be required to pay or perform any settlement unless the settlement is approved by the Subdivider.

11. Insurance Requirements. Subdivider, at Subdivider’s sole cost and expense and for the full term of this Agreement and any extensions thereto, shall obtain and maintain all of the following minimum insurance requirements in a form approved by the City’s authorized designee for Risk Management prior to commencing any work:
(a) Commercial General Liability policy with a minimum $1 million combined single limit for bodily injury and property damage providing all of the following minimum coverage without deductibles:
(i) Premises operations; including X, C, and U coverage; (ii) Owners’ and contractors’ protection;
(iii) Blanket contractual;
(iv) Completed operations; and
(v) Products.
(b) Commercial Business Auto policy with a minimum $1 million combined single limit for bodily injury and property damage, providing all of the following minimum coverage without deductibles:
(i) Coverage shall apply to any and all leased, owned, hired, or nonowned vehicles used in pursuit of any of the activities associated with this Agreement; and
(ii) Any and all mobile equipment including cranes which are not covered under the above Commercial Business Auto policy shall have said coverage provided under the Commercial General Liability policy. (c) Workers Compensation and Employers’ Liability policy in accordance with the laws of the State of California and providing coverage for any and all employees of the Subdivider:
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(iii)
This policy shall provide coverage for Workers’ Compensation (Coverage A); and
This policy shail provide coverage for $1 ,OO0,000 Employers' Liability (Coverage B).

Pursuant to Labor Code section 1861, Subdivider by executing this Agreement certifies: “I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against Iiabi/ity for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comp/y with such provisions before commencing the performance of the work of this contract.”
Prior to commencement of work, the Subdivider shail file with the City’s Risk Manager a Certificate of Insurance or certification of permission to self-insure workers’ compensation conforming to the requirements of the Labor Code.
(d) Endorsements. All of the following endorsements are required to be made a part of each of the above-required policies as stipulated below:
“The City of Chino, its officers, empioyees and agents are hereby added as additional insureds.” (i)
(ii)
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“This policy shall be considered primary insurance with respect to any other valid and collectible insurance the City may possess, including any self— insured retention the City may have and any other insurance the City does possess shall be considered excess insurance only.”
“This insurance shall act for each insured and additional insured as though a separate policy has been written for each. This, however, will not act to increase the limit ofthe insuring company.” “Thirty (30) days prior written notice of cancellation shall be given to the City of Chino in the event of cancellation and/or reduction in coverage, except that ten (10) days prior written notice shall apply in the event of cancellation for non-payment of premium." Such notice shall be sent to the Risk Manager at the address indicated in Subsection f below.

Subsection d(iv) hereinabove “Cancellation Notice” is the only endorsement required of the Workers’ Compensation and Employers’ Liability policy.
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(e) Admitted Insurers. Ali insurance companies providing insurance to the Subdivider under this Agreement shail be admitted to transact the business of insurance by the California Insurance Commissioner.
(f) Proof of Coverage. Copies of all required endorsements shail be attached to the Certificate of Insurance which shall be provided by the Subdivider’s insurance company as evidence of the coverage required herein and shall be mailed to:

City of Chino
Risk Management
13220 Central Avenue
Chino, CA 91710

12. EnvironmentaIWarrantv.

12.1. Prior to the acceptance of any dedications or Works of Improvement by City, Subdivider shall provide City with a written warranty in a form substantially similar to Exhibit “C” attached hereto and incorporated herein by reference, that:
(a) Neither the property to be dedicated nor Subdivider are in violation of any environmental law, and neither the property to be dedicated nor the Subdivider are subject to any existing, pending or threatened investigation by any federal, state or local governmental authority under or in connection with the environmental laws relating to the property to be dedicated. (b) Neither Subdivider nor any other person with Subdivider’s permission to be upon the property to be dedicated shall use, generate, manufacture, produce, or release, on, under, or about the property to be dedicated, any Hazardous Substance except in compliance with all applicable environmental laws. For the purposes of this Agreement, the term “Hazardous Substances” shall mean any substance or material which is capable of posing a risk of injury to health, safety or property, including all those materials and substances designated as hazardous or toxic by any federal, state or local law, ordinance, rule, regulation or policy, including but not limited to, all of those materials and substances defined as “Toxic Materials” in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30, as the same shall be amended from time to time, or any other materials requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies. (c) Subdivider has not caused or permitted the release of and has no knowledge of the release or presence of any Hazardous Substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. (d) Subdivider’s prior and present use of the property to be dedicated has not resulted in the release of any hazardous substance on the property to be dedicated.

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12.2. Subdivider shall give prompt written notice to City of:
(a) Any proceeding or investigation by any federaL state or local governmental (b) authority with respect to the presence of any hazardous substance on the property to be dedicated or the migration thereof from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. (c) Any claims made or threatened by any third party against City or the property to be dedicated relating to any loss or injury resulting from any hazardous substance; and
(d) Subdivider’s discovery of any occurrence or condition on any property adjoining or in the vicinity of the property to be dedicated that could cause the property to be dedicated or any part thereof to be subject to any restrictions on its ownership, occupancy, use for the purpose for which it is intended, transferability or suit under any environmental law.

13. General Provisions.

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

13.3. No Vesting Rights. Performance by the Subdivider of this Agreement shall not be construed to vest Subdivider’s rights with respect to any change in any zoning or buiiding Iaw or ordinance.

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

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

13.6. Notices. Unless othenNise specified in this Agreement, all notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date is delivered in person, or, if mailed, on the date of deposit in the United States Mail.

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

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

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

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

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

13.1 1. interpretation. This Agreement shall be interpreted in accordance with the laws of the State of California.

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

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

APPROVED AS TO FORM: APPROVED AS TO CONTENT:

Fred
WW
Galante, City Attorney
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Hye JWLe¢Ef
by
Director of Pubiic Works
CENTURY COMMUNITIES OFf CALIFORNIA, LLC
By:
(Signatur an Date)
Name:Thomas .Hilderbrandt
(Please type or print name)
Title: President
(Please type or print title)

CITY OF
A
da Reich, City Ma Hagar
Date:

ATTEST:

By WLLgA‘
Natalie Gonzaga, City Cierk
Dated: I’Zlq/ZbléF
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CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individuai who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of Dmnoxc )
beforemefbwm Whoa r\6\am public,
Dersonally appeared «OW3 j H“ \dgbm “dit—
Date Here Insert Name and Title of the Officer
Name(s) of S/gner(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. l certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.

DEVIN BRODER CK WITNESS my hand and official seal.
‘ Notary Public California z
Orange County E Commission 1 2393478
My Camm. Exalres Fee 9. 2026
haawm Signature
Sig ure of Notary Pubifc
Place Notary Seal Above

OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: Document Date:

Number of Pages: Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer’s Name: Signer’s Name:

D Corporate Officer — Title(s): E] Corporate Officer —— Title(s):

Signer ls Representing: Signer ls Representing:
©2014 National Notary Assocration www NationalNotaryorg 1 800 US NOTARY (1 800 876 6827) item #5907 O1 22540006/3664702
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D Partner — B Limited D General D Partner — El Limited D General D Individual D Attorney in Fact E Individual D Attorney in Fact D Trustee D Guardian or Conservator E Trustee D Guardian or Conservator D Other: D Other:
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EXHIBIT “A”

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TRACT BOUNDARYX
250' 500'
Suite 250
Rancho Cucamonga, California 91 730
(909) 945-0529
Phone: (909) 945-0526
10390 Commerce Center Drive
Engineers/Surveyors Fax: Y
300
EXHIBIT “B”
TRACT MAP NO. 20446-1 WORKS OF IMPROVEMENT
Removal of undesirable, dangerous and dead plant materials and roots.

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

Relocation of ail public utility structures as necessary to properly construct the required improvements.
. Storm drain facilities as required and shown on the approved construction plans and in accordance with City Standards.

Sanitary sewers constructed as shown on the approved, engineered plans and in accordance with City Standards.
. Water mains, valves, hydrants, services, meters and appurtenances to serve each lot as shown on the approved construction plans and in accordance with City Standards.
. Underground installation of all electrical, telephone, cable television and any other energy or communication lines that abut or are within the project site. . A street lighting system (City-owned) in accordance with City Standards.

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

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

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

Street signs at intersections per the City Standards.

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

N. Setting monuments as required by the State Code.

LOCATION :

By:

DATE:

ENGINEERING COST ESTIMATE
Tract 20446-1 - Century
SE Corner East Preserve Loop & Legacy Park Street
Paul Schenck
July 23, 2024
EngCostEstimate Page1 of 10 Effective Date: January 1,2021 Quantity Unit Item Unit
Price
Total Cost
Per Item

STREETS
EA Tree Removal $ 800.00 $
CY Concrete Removal $ 325.00 $
CY AC Pavement Removal $ 100000 $
CY Imported Common Fill (incl. Compaction) $ 34.00 $
SF Preparation of Subqrade, Sidewalk and Pavinq $ 1.00 $ LF PCC 8" Curb & 24" Gutter on 6" AB $ 26.00 $
LF PCC 6" Curb & 24" Gutter on 6" AB $ 24.00 $
LF PCC Curb Only $ 20.00 $
LF 8" A.C. Berm $ 20.00 $
SF 8" PCC Cross Gutter on 6" AB $ 16.00 $
11,862 SF 4" PCC Sidewalk $ 5,80 $ 68,799.60
13,751 SF 6" PCC Thick Drive Approach on 6" AB $ 12.50 $ 171 ,887.50 SF 8" PCC Thick Drive Approach on 6" AB $ 15.00 $
LF 2" X 6" Redwood Header $ 7.50 $
6 EA Street Siqn and Post $ 475.00 $ 2,850.00
5 EA Traffic Siqn and Post $ 400.00 $ 2,000.00
EA Reflector Siqn and Post $ 175.00 $
6 EA Painted Legend $ 6.50 $ 39.00
SF Prime or Tack Coat $ 0.08 $
TON AC Variable - <300T $ 130.00 $
784 TON AC Variable - >3OOT $ 120.00 $ 94,136.39
TON CAB Variable - <300T $ 100.00 $
TON CAB Variable — >300T $ 90.00 $
302
PROJECT N0:

LOCATION :

By:

DATE:

ENGINEERING COST ESTIMATE
Tract 20446-1 - Century
SE Corner East Preserve Loop & Legacy Park Street
Paul Schenck
July 23, 2024
EngCostEstimate Page 2 of10 Effective Date: January 1, 2021 Quantity Unit Item Unit
Price
Total Cost
Per Item

STREETS
EA Adiust Sewer Manhole to Grade $ 950.00 $
EA Adiust Sewer Cleanout to Grade $ 500.00 $
EA Adjust Water Valve and Can to Grade $ 525.00 $
8 EA Street Liqht (HOA Owner) $ 7,700.00 $ 61 ,600.00
EA Electrical Pedestal $ 6,500.00 $
EA Lot Monument Setting Fee $ 550.00 $
LF Sawcut A.C. $ 3.00 $
LF Sawcut Concrete $ 3.00 $
SF Cold Plane A.C. 2" Thick $ 0.28 $
Siqninq & Striping for
LF Arterial $ 19.00 $
2,250 LF Collector $ 13.00 $ 29,250.00
LF Local $ 7.00 $
EA Traffic Signal (8 - Phase Controller) $ 350,000.00 $ EA Modify existing Traffic Signal per Quadrant $ 75,000.00 $ LF Chain Link Fence
4 foot Residential Grade (Add $7.00/LF for Removal
of Existing Fence) $ 25.00 $
6 foot School fence (Add $9.00/LF for Removal of
Existing Fence) $ 35.00 $
EA Utility Poles
Transmission $ 11,500.00 $
Distribution $ 8,000.00 $
Service $ 3,000.00 $
303
PROJECT NO:

LOCATION :

By:

DATE:

ENGINEERING COST ESTIMATE
Tract 20446-1 - Century
SE Corner East Preserve Loop & Legacy Park Street
Paul Schenck
July 23, 2024
EngCostEstimate Page 3 of 10 Effective Date: January 1, 2021 Quantity Unit Item Unit
Price
Total Cost
Per Item

STREETS
Landscape (lncluding shrubs, Hardscape, irrigation,
Ground Cover, Lighting, lnstallation Labor and Connection SF to Existing Systems) $ 15.00 $
LF
14 foot Median with Landscape, irrigation, Lighting,
Hardscape, Curb, Gutter & Pavement 300,00 $
Rail Road Crossing
LS
Safety Equipment (Complete Inciuding Crossing
Gates, Siqns, and Liqhts) $ 500,000.00 $
SF Track Crossing (Concrete) $ 175.00 $
SF Approach $ 4.00 $
24 EA S.W. Ramps (A.D.A. Compliant) s 4,000.00 $ 96,000.00 EA Traffic Siqnal Loops $ 600.00 $
191 SF 4" to 6" Fresno River Cobble Pavement $ 10.00 $ 1,910.00 Metal Beam Guard Rail $ 70.00 $
73,163 SF Slurry Seal $ 0.12 $ 8,779.56

STREETS
STREET SUBTOTAL $ 537,252.05
LS Mobilzation (5% of Construction Cost) 5% $ 26,862.60 LS Traffic Control (5% of Construction Cost) 5% $ 26,862.60 LS Clear & Grub Site (5% of Construction Cost) 5% $ 26,862.60 LS Excavation (Clean Material) (5% of Construction Cost) 5% $ 26,862.60 GRAND TOTAL STREETS ONLY $ 644,702.46
304
PROJECT NO:

LOCATION :

By:

DATE:

ENGINEERING COST ESTIMATE
Tract 20446-1 - Century
SE Corner East Preserve Loop & Legacy Park Street
Paul Schenck
July 23, 2024
EngCostEstimate Page4 of 10 Effective Date: January 1, 2021 Quantity Unit Item Unit
Price
Total Cost
Per Item
WATER
LF Trench Support/Sharing (6 foot depth) $ 15.00 $
CY Pipe Beddinq & Compaction (imported) $ 90.00 $
LF
6" Pipe & Fittings lnstalled, including excavation, bedding, backtill and pavement restoration $ 80.00 $
LF
8" Pipe & Fittings lnstalled, including excavation, bedding, backfill and pavement restoration. $ 100,00 $
LF
12" Pipe & Fittings Installed, including excavation,
bedding, backfill and pavement restoration $ 135.00 $
LF
18" Pipe & Fittings Installed, including excavation,
bedding, backfill and pavement restoration $ 175.00 $
LF Removal, Disposal of ACP and Backfill $ 150.00 $
EA 6" Gate Valve $ 2,000.00 $
EA 8" Gate Valve $ 2,600.00 $
EA 12" Gate Valve $ 4,500.00 $
EA 18" Gate Valve $ 7,500.00 $
EA Fire Hydrant Assembly per City Std. $ 7,500.00 $
EA Blow—off Assembly 4" per City Std. $ 8,600.00 $
EA 2" Air Relief Assembly $ 4,500.00 $
EA 1" Water Service/Meter $ 3,500.00 $
EA 2" Water Service/Meter $ 4,500.00 $
WATER
WATER SUBTOTAL $
LS Punchlist Items prior to City turnover $ 25,000.00 $ 25,000.00 LS Mobilzation (5% of Construction Cost) 5% $
LS Traffic Control (5% of Construction Cost) 5% $
305

ENGINEERING COST ESTIMATE
PROJECT N0: Tract 20446-1 - Century
LOCATION : SE Corner East Preserve Loop & Legacy Park Street By: Paul Schenck
DATE: July 23, 2024
EngCostEstimate Page 5 of 1O Effective Date: January 1, 2021 Quantity Unit Item Unit
Price
Total Cost
Per Item
GRAND TOTAL WATER ONLY $ 25,000.00

RECYCLED WATER
LF Trench Support/Shorinq (6 foot depth) $ 15.00 $
CY Pipe Bedding (imported) $ 90.00 $
LF
6" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration $ 80,00 $
LF
8" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration. $ 100.00 $
LF
12" Pipe & Fittings Installed, including excavation,
bedding, backfill and pavement restoration $ 135.00 $
LF
18" Pipe & Fittings Installed, including excavation,
bedding, backfill and pavement restoration $ 175.00 $
EA 6" Gate Valve $ 2,000.00 $
EA 8" Gate Valve $ 2,600.00 $
EA 12" Gate Valve $ 4,500.00 $
EA 18" Gate Valve $ 7,500.00 $
EA Warf Head Hydrant Assembly per City Std. $ 7,500.00 $ EA Blow-off Assembly 4" per City Std. $ 8,600.00 $
EA 2" Air Relief Assembly $ 4,500.00 $
EA 1" Water Service/Meter $ 3,500.00 $
EA 2" Water Service/Meter $ 4,500.00 $

RECYCLED WATER
RECYCLED WATER SUBTOTAL $
LS Mobilzation (5% of Construction Cost) 5% $
LS Traffic Control (5% of Construction Cost) 5% $
306
i °‘ "‘\ CITY OF CHINO $§§g4 V: v§yzfx F ”w «g m
”Wriékén W¢ E ENGINEERING COST ESTIMATE
* PROJECT NO Tract 20446 1 Century
LOCATION : SE Corner East Preserve Loop & Legacy Park Street By: Paul Schenck
DATE: July 23, 2024
EngCostEstimate Page 6 of 10 Effective Date: January 1, 2021 Quantity Unit Item Unit
Price
Total Cost
Per Item
GRAND TOTAL RECYCLED WATER ONLY $
SEWER
LF Trench Support/Shorinq $ 15‘00 $
LF
4" V.C.P lnstaHed, including excavation, bedding, backfill and pavement restoration $75.00 $’
LF
6" V.C.P Installed, inciuding excavation, bedding, backfill and pavement restoration $85.00
_
$
LF
8" V.CP Installed, including excavation, bedding, backfill I and pavement restoration $93.00 $
LF
10" V.C.P. Installed, including excavation, bedding,
backfill and pavement restoration $103.00 $
LF
12" V.C.P. Installed, including excavation, bedding,
backml and pavement restoration $123.00 $
LF
15" V.C.P. Installed, including excavation, bedding,
backfill and pavement restoration $143.00 $
LF
18" V.C.P. Installed, including excavation, bedding,
backfill and pavement restoration $163.00 $
LF
21" V.C.P. Installed, including excavation, bedding,
backfill and pavement restoration $19300 $
LF
24" V.C.P. Installed, including excavation, bedding,
backml and pavement restoration $208.00 $
EA Sewer Saddle ‘ $450.00 $
EA Wyes 4" X 8" Typical $225.00 $
EA 48" Sewer Manhole $4,700.00 $
EA 60" Sewer Manhole $7,500.00 $
EA Sewer Cleanout $1,800.00 $
EA Pipe End Plug $100.00 $
SEWER
SEWER SUBTOTAL $
1 LS Punchlist Items prior to City turnover $ 25,000.00 $ 25,000.00 LS ‘ Mobilization (5% of Construction Cost) 5% $
307

ENGINEERING COST ESTIMATE
"3:33“
__
’
PROJECT No: Tract 20446-1 - Century
LOCATION : SE Corner East Preserve Loop & Legacy Park Street By: Paul Schenck
DATE: July 23, 2024
EngCostEstimate Page 7 of 10 Effective Date: January 1, 2021 Quantity Unit Item Unit
Price
Total Cost
Per Item
LS Traffic Control (5% of Construction Cost) 5% $
GRAND TOTAL SEWER ONLY $ 25,000.00

STORM DRAIN
LF 24" X 36" C.M.P.A. (10 Gauqe) $ 230.00 $
LF 27" X 43" C.M.P.A (10 Gauqe) $ 250.00 $
EA Storm Drain Manhole #1 $ 10,000.00 $
EA Junction Structure #2 (24" or larqer) $ 8,850.00 $
EA Junction Structure #4 (24" or smaller) $ 4,000.00 $
EA Outlet Structure $ 7,000.00 $
EA Catch Basin 3.5' Width $ 7,200.00 $
EA Catch Basin 7' Width/LD. $ 7,900.00 $
EA Catch Basin 10‘ Width/LD. $ 9,950.00 $
EA Catch Basin 14' Width/LD. $ 11,000.00 $
EA Catch Basin 21' Width/LD. $ 13,000.00 $
LF
18 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 200.00 $
LF
24 inch RCP installed, including excavation, bedding,
backfill and pavement restoration $ 240.00 $
LF
27 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 260.00 $
LF
30 inch RCP installed, including excavation, bedding,
backfill and pavement restoration $ 280.00 $
LF
33 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 295.00 $
LF
36 inch RCP installed, including excavation, bedding,
back0ll and pavement restoration $ 310.00 $
LF
39 inch RCP installed, including excavation, bedding,
backfill and pavement restoration $ 320.00 $
LF
42 inch RCP installed, including excavation, bedding,
backfill and pavement restoration $ 330.00 $
LF
45 inch RCP installed, including excavation, bedding,
backfill and pavement restoration $ 380.00 $
LF
48 inch RCP installed, including excavation, bedding,
backfill and pavement restoration $ 385.00 $
LF
54 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 440.00 $
308
PROJECT NO:

LOCATION :

By:

DATE:

ENGINEERING COST ESTIMATE
Tract 20446-1 - Century
SE Corner East Preserve Loop & Legacy Park Street
Paul Schenck
July 23, 2024
EngCostEstimate Page 8 of 10 Effective Date: January 1, 2021 Quantity Unit Item Unit
Price
Total Cost
Per Item
LF backflll and pavement restoration $ 500.00 $
LF backfill and pavement restoration $ 560.00 $

STORM DRAIN
LF
72 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 625.00 $
LF
78 inch RCP Installed, including excavation, bedding,
backflll and pavement restoration $ 690.00 $
LF
84 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 765.00 $
LF
90 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 830.00 $
LF
96 inch RCP Installed, including excavation, bedding,
backml and pavement restoration $ 920.00 $
LF
102 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 1,000.00 $
LF
108 inch RCP Installed, including excavation, bedding, l backfill and pavement restoration i $ 1,075.00 $ LF
7' x 6' RCB Installed, including excavation, bedding,
backfill and pavement restoration $ 700.00 $
LF
7' x 8.5' RCB Installed, including excavation, bedding, backfill and pavement restoration $ 820.00 $
LF
7' X 9.5' RCB Installed, including excavation, bedding, backfill and pavement restoration $ 870.00 $
LF
8' x 11' RCB Installed, including excavation, bedding,
backfill and pavement restoration $ 1,000.00 $
LF
8' x 13' RCB Installed, including excavation, bedding,
backfill and pavement restoration $ 1,100.00 $
LF
9' x 9‘ RCB Installed, including excavation, bedding,
backfill and pavement restoration $ 1,000.00 $
LF
9' X 12' RCB Installed, including excavation, bedding,
backfill and pavement restoration $ 1,100.00 $
LF
4' x 6' RCB Installed, including excavation, bedding,
backfill and pavement restoration $ 680,00 $
EA ALMETEK PLACARD "NO DUMPING" $ 200.00 $
EA CONCRETE COLLAR $ 600.00 $
EA BRICK & MORTAR PLUG $ 300.00 $

STORM DRAIN
STORM DRAIN SUBTOTAL $ r mar :a
1 LS Punchlist Items prior to City turnover $ 25,000.00 $ 25,000.00 LS Mobilization (5% of Construction Cost) 5% $
309

ENGINEERING COST ESTIMATE
PROJECT N0: Tract 20446—1 - Century
LOCATION : SE Corner East Preserve Loop & Legacy Park Street By: Paul Schenck
DATE: July 23, 2024
EngCostEstimate Page 9 of 10 Effective Date: January 1, 2021 Quantity Unit Item Unit
Price
Total Cost
Per Item
gLS Traffic Control (5% of Construction Cost) 5% $
GRAND TOTAL STORM DRAIN ONLY $ 25,000.00
DIRECT COSTS GRAND TOTAL STREETS ONLY $ 644,702.46
GRAND TOTAL WATER ONLY g~§i£3t§$ $ 25,000.00
kx n
GRAND TOTAL RECYCLED WATER ONLY $
GRAND TOTAL SEWER ON LY $ 25,000.00
GRAND TOTAL STORM DRAIN ONLY $ 25,000.00

GRAND TOTAL (FOR PLAN CHECK & INSPECTION FEE
DETERMINATION) $ 71 9,702.46
PROJECT AD DITIVES Project Contingencies 10% $ 71,970.25 Construction Staking 3% $ 21,591.07
Soils Testing 1% $ 7, 197.02
Material Testing 1% $ 7, 197.02
Construction Inspection 4.8% $ 34,545.72
Contract Administration 1% $ 7, 197.02
310
' ENGINEERING COST ESTIMATE
\‘\ 4‘ PROJECT N0: Tract 20446-1 - Century
LOCATION : SE Corner East Preserve Loop & Legacy Park Street By: Paul Schenck
DATE: July 23, 2024

BY ENGINEER
Prepared By: C. Berard
R.C.E. Number: 451 83
Expiration:

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

BY CITY
Faithful Performance Bond (100% of Construction Cost) $ 869,400.00 Labor & Material Bond (50% of Construction Cost) $ 434,700.00 Warranty Bond (10% of Construction Cost) $ 86,900.00
EngCostEstimate Page 1O of 1O Effective Date: January 1, 2021 o A? ”IL
Quantity Unit Item Unit
Price
Total Cost
Per Item
GRAND TOTAL (FOR BOND AMOUNTS) 869,400.58
311

6.3.e

DEVELOPMENT ENGINEERING DIVISION CONDITIONS OF APPROVAL TRACT MAP NO. 20446 (PL21-OO45 MSA and PL21-OO57)
DATE: July 25, 2022 PC MEETING DATE: September 19, 2022 PROJECT DESCRIPTION: 21 .90 acre Master Site Approval for the future development of 114 SFR.

PROJECT LOCATION: 8340 Chino Corona Road
APPLICANT: Chino Preserve Development Corp PROJECT ENGINEER: Felicia Marshall PRIOR TO THE FIVE MAJOR DEVELOPMENT EVENTS, THE APPLICANT SHALL SATISFY AND FULFILL ALL CONDITIONS OUTLINED BELOW. FAILURE TO COMPLY WITH ANY CONDITIONS OF APPROVAL SHALL BE DEEMED JUST CAUSE FOR REVOCATION OF PROJECT APPROVAL BY THE PLANNING COMMISSION. HOWEVER, THE DIRECTOR OF DEVELOPMENT SERVICES SHALL HAVE THE AUTHORITY TO APPROVE MINOR DEVIATIONS IN THE CONDITIONS OF APPROVAL, AND ALL PLANS INCLUDING THE CONSTRUCTION DRAWINGS.

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

1.0 PRIOR TO MAP RECORDATION:

1.1 Provide a preliminary Title Report no older than 6O days.

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

1.3 Make the following dedications:

Street Name Distance Direction From C/L
Chino Corona Road 66 feet R/W 33 feet each side
Legacy Park Street 4O feet 1/2 width to the south
East Preserve Loop 83 feet R/W 4O feet to the west and 43 feet to the east
A throuqh F Street 6O feet R/W 3O feet each side

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

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

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

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

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

Ahtttacmen:

Eng
COA
Blkoc
3 TTM
20644
PL21
0045-
dan
0057-
PL21
(PL210045-
(MSA)
dan PL201057-
(TTM
20446)
Blkoc
3 The
P)reserve
-
-
Reviewed/Approved By: JP Date: 9/7/22
Packet Pg. 85
312

6.3.e
TRACT MAP No. 20446 2 July 25, 2022

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

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

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

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

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

1.10 Existing pedestrian facilities on the frontage of the development, open to the public within the development, shall be evaluated for accessibility. The street frontage includes all adjacent pedestrian facilities, including crosswalks, created by, prolongated from, or connected to any required sidewalks improvements. The frontage may include sidewalks, curb ramps, connecting crosswalks (marked and unmarked), and their associated pedestrian facilities (on-street parking space, etc). a. The following existing improvements shall be made compliant with accessibility regulations as a part of this project: i. park/recreation play facilities ii. sidewalks/walks
iii. shared—use paths/multi-purpose paths iv. curb ramps v. crosswalk pavement and associated pedestrian facilities (pedestrian push buttons, maneuvering, clear space) vi. driveway approaches crossings
vii. parking space
b. Improvements that are non—compliant with the accessibility standards in effect at the time of construction or alteration, shall be brought up to current accessibility standards. This work shall be incorporated into the scope of this project and shall be completed prior to acceptance by the City.
c. Improvements that are compliant with the accessibility standards in effect at the time of construction, shall be documented on a separate construction plan with detailed specifications (running and cross slopes of all pedestrian walking surfaces, locations and dimensions and slopes of maneuvering spaces and landings, width of sidewalk, width, and vertical clearance from obstructions). The accessibility of existing improvements will be verified by City inspection staff upon completion of the project. Discrepancies between documented existing conditions and existing conditions as measured by City staff shall be remedied and brought up to accessibility standards as part of the project.

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

Ahtttacmen:

Eng
COA
Blkoc
3 TI'M
20644
PL2O1O45-
(PL21OO45-
PL200157- dan
(MSA)
dan PL210057-
(TTM
20446)
Blkoc
3 The
P)reserve
-
-
Packet Pg. 86
313

6.3.e
TRACT MAP NO. 20446 3 July 25, 2022

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

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

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

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

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

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

Blkoc
3 TTM
20644
PL21
0045-
dan PL21
0057-
OO45-
(PL21
(MSA)
dan PL210057-
(TTM
206)44
Blkoc
3 The
P)reserve
-
-
Packet Pg. 87
314

6.3.e
TRACT MAP No. 20446 4 July 25, 2022
Street Names
“A” — “F” East Chino Legacy
Preserve Corona Park
Loop Road Street
Curb & Gutter (Offset from Centerline) 18’ both 27’ both 20’ both 20’ both sides sides sides sides
Sidewaik (Width) 5’ both 6’ on 5’ both 10’ on
sides east and sides south
5’ on side
west side Asphait Concrete Pavement on Aggregate Base (Width from Centeriine) 16’ 25’ 18’ 18’ Asphalt Concrete Overiay
Street Lights
Median Isiand and Landscaping
Parkway Landscaping
Striping and Traffic Controls
Traffic Signal Interconnect
Conduit System for CATV
Sewer4
Storm Drain3
Domestic Water
Recycled Water
Fire Hydrants as required by CVIFD
Other: Landscape Lot
1 Paint 20’ white curb adjacent to community mailboxes per CMC 10.28.040 (C), white paint indicates 3-minute parking for mailboxes. White curb shall not overlap with red curb at corners or crosswalks. 2 Public water mains shall not extend into lettered lots. 3 Line F Storm drain must be complete for this tract to tie into. There are also improvements that are required to the system to the south of the tract, which ties into Line F. 4 The proposed sewer connects at the south end of Main Street. Sewer improvements from the tract will need to extend to the south, into Chino Corona Road, and continue southwest.

The sewer in Lot E, Lot G, and Lot H shall be private. 5 The landscape lots for East Preserve Loop varies from 8’ to 10’ on the east side of the street. 6 The landscape lots for Chino Corona Road is 10’ on the west side of the street. 7 The landscape lots for Legacy Park Street is 5’ on the south side ofthe street. 3 Recycled water mains are not required in-tract, but the parkways within the tract must use recycled water.

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

Ahtttacmen:

Eng
COA
Blkoc
3 TTM
20644
PL200145-
dan PL21
OO57-
(PL210045-
(MSA)
dan PL200157-
(TTM
20)446
Blkoc
3 The
P)reserve
-
-
Packet Pg. 88
315

6.3.e
TRACT MAP No. 20446 5 July 25, 2022

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

2.13 Pursuant to Santa Ana Regional Water Quality Control Board Order Number R8—2010—OO36, NPDES Permit No. CAS618036, prepare a project—specific Water Quality Management Plan (WQMP) and submit to the project engineer for review and approval. To address NPDES Permit requirements to the maximum extent practicable, the project shall be designed to specify preferential use of Low impact Development Best Management Practices that reduce pollutants and runoff volume through structural measures (e.g. infiltration, harvesting, and bio—treatment) and non-structural measures (e.g. preserving natural areas, clustering development, and reducing impervious areas). The WQMP shall conform to the requirements of the San Bernardino County Stormwater Program, 2013 WQMP Technical Guidance Document.

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6.3.e
TRACT MAP NO. 20446 6 July 25, 2022

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

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

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

3.0 PRIOR TO REQUEST AND RELEASE OF ANY OCCUPANCY PERMITS:

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

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

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

4.0 PRIOR TO FINAL ACCEPTANCE/PROJECT CLOSEOUT:

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

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

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

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

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6.3.e
TRACT MAP NO. 20446 7 July 25, 2022

5.1.a

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

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

5.2.a

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

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PROJECT ENGINEER: FeIiCia Marsha”
DATE: 7/19/2022

A COPY OF THIS CHECK LIST MUST BE SUBMITTED WITH THE FIRST PLAN CHECK 1 2
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Rev. 9/7/2222

6.3.e

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

DEVELOPMENT ENGINEERING DIVISION

ITEMS REQUIRED FOR FIRST PLAN CHECK SUBMITTAL
TRACT MAP NO. Error! Reference source not found.

Copy of Development Engineering Division Conditions of Approval Sets of Maps (Subdivision Only)
Copies of preliminary Title Report (no older than six months) (Subdivision Only) Copies of Closure Calculations (Subdivision Only)
Set of Referenced Maps (Subdivision Only)
Copies of Preliminary Soils Report (no older than sixty days) Copies of lot line adjustment certificate
Copies of lot merger
Copies of right-of—way dedication
Sets of Rough Grading Plans
Sets of Precise Grading Plans
Sets of Storm Drain Plans
Copies of Hydrology and Hydraulic Calculations with Backup Data (Signed and Sealed by a Registered Civil Engineer)
Copies of Engineering Cost Estimate (On City Forms) with Engineer’s Wet Signature and Stamp Sets of Street improvements Plans
Copies of Cross—Sections (if street plans are required) at 50’ intervals and extended a minimum of 100‘ beyond limits of improvements
Sets of Sewer Plans
Sets of Domestic Water Plans
Sets of Recycled Water Plans
Sets of Street Light Plans including a Photometric Diagram Copies of Voltage Drop Calculations (Signed and Sealed by a Registered Engineer) Sets of Signing and Striping Plans
Sets of Traffic Signal interconnect Plans
Sets of Traffic Signal Plans
Water Quality Management Plan
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EXHIBIT “C”
TRACT MAP NO. 20446-1

CENTURY COMMUNITIES OF CALIFORNIA, LLC

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

1. Neither the property to be dedicated nor Subdivider are in vioiation of any environmental Iaw, and neither the property to be dedicated nor the Subdivider are subject to any existing, pending or threatened investigation by any federai, state or iocal governmental authority under or in connection with the environmentai laws relating to the property to be dedicated.

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

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

4. Subdivider’s prior and present use of the property to be dedicated has not resulted in the release of any Hazardous Substance on the property to be dedicated.

5. All persons executing this warranty hereby represent and warrant to the City of Chino, and Subdivider hereby represents and warrants, that the signators hereto have the legal power, right and authority to execute this warranty on behalf of the Subdivider and that the signators hereto have sufficient knowledge or expertise, either personally, through reasonable inspection and investigation of the property, or through reasonable reliance upon the investigation and professional opinion of Subdivider’s environmental experts, to make the representations herein, and that no consent of any other party is 01225.0006/3664702 C-1
320
required to execute this warranty and make the representations herein on behaif of the Subdivider to the City of Chino.

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

Dated: i‘ " M’ 1‘1
Century Communities of California, LLC,
a Delaware limited liability company
*Proof of authorization for Subdivider’s signatures is required to be submitted concurrently with this environmental warranty.
01225.0006/3664702 C-2
321

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of Orange )
On November 14, 2024 before me, Devin Broderick, a Notary Public (insert name and title of the officer)
Thomas J. Hildebrandt personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. l certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal. DEVIN BRODERtCK ¥‘ Notary Orange
PubllcCuuncy
- California
Commisston # 2393478
°"‘ My Camm. Exaires Fen 9. 2026
Signature (Seal) 4/' V
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322
Bond No.1 0256402
Contract N0;
Approved: W Ll! > ‘1 w a

FAITHFUL PERFORMANCE BOND
WHEREAS, the City Council of the City of Chino, State of California, hereinafter designated as “CITY” and Century Communities of California, LLC, hereinafter designated as “PRiNCiPAL,” have entered into an agreement whereby Principal agrees to instaH and complete certain designated public improvements, which said agreement, dated October 15‘, 2024, and identified as Project No. TM 20446-1, is hereby referred to and made a part hereof; and
WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement.

Now, THEREFORE, we, the Principal and Berkley insurance Company , as surety, are held and firmly bound unto the City of Chino in the penal sum of Eight Hundred Sixty-Nine Thousand Four Hundred Dollars and Zero Cents ($869,400.00) lawful money ofthe United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that if the above-bound Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and provisions in said agreement and any alteration thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the agreement or to the work or to the specifications. lN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named, on November 1, 2024
Century Communities of California, LLC Berkley insurance Company PRlNClPAL SURETY s
By: By:

Heidi
WW
K.

W
Bockus, Attorney-in—Fact

SIGNA TURES MUST BE NOTARIZED
Document No 16353 (PWFORMS\BONDS-faiihful performance\rev. 05/2012) Page 1 of 1 323 State of
CALIFORNIA ALL—PURPOSE

CERTIFICATE OF ACKNOWLEDGMENT
Colorado
Denver CountV of
on November 1, 2024 before me_
personally appeared Heidi K. Bockus
who proved to me on the basis of satisfactory eVidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies). and that by his/her/their signature(s) on the instrument the person(s). or the entity upon behalf of which the person(s) acted, executed the instrument.

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

KATHLEEN Kiwi/Q” r$Z-sttrat¥
NQTARY {
STATE sf}? “W
NOTARY lD if
MY COMMlSSiON EXPIRES t ct i UARY .26, 2027 max
Kathleen Kiyoko Freund, Notary Public
(Herc insert name and title ofthc offlccr)
WITNESS my h d and official seal
Signature ofNotan‘ Public
My Commission Expires: 2/25/2027
(Notary Seal)

ADDITIONAL OPTIONAL INFORMATION

INSTRUC TIONS FOR COMPLETING THIS FORM
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Date ofnotarization must be the date that the signer(s) personally appeared which must also be the same date the ackno“ ledgment is completed 'l'hc notary public must print his or hcr name as it appears within his or her commission follow ed by a comma and then your title (notary public).

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DESCRlPTlON Ol" 'l'lllj A'l"l'ACllL"D DOCUMENT
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2008 Version CAPA VIZ. 10.07 80()»873-9865 w w“ iNotarVClasscsxom (Title or description of attached document continued)
Number of Pages Document Date
information may lead to rejection ofdocument recording.

The notary seal impression must be clear and photographically reproducible.

Impression must not cover text or lines. If seal impression smudges. re-seal if a sufficient area permits. otherwise complete a different acknowledgment form.

Signature of the notary public must match the signature on file with the office of the countv clerk.
‘3 Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. .z. Indicate title or type ofattaehed document. number ofpages and date. ‘I' Indicate the capacity claimed by the signer If the claimed capacity is a corporate officer. indicate the title (ie CF10. (T0. Secretary).

Securely attach this document to the signed document
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N0. Bl-7876c-el

POWER OF ATTORNEY

BERKLEY INSURANCE COMPANY

WILMINGTON, DELAWARE
KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the “Company”), a corporation duly organized and existing under the laws ofthe State of Delaware, having its principal office in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Heidi K. B0ckus; Krista M. Lee; 0r Rattanatevy Lor 0f Mars/1 USA LLC 0fSeattle, WA its true and lawful Attorney—in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providingthat no single obligation shall exceed Fifty Million and 00/1 00 U.S. Dollars (U.S.$50,000,000.00), to the same extent as ifsuch bonds had been duly executed and acknowledged by the regularly elected officers ofthe Company at its principal office in their own proper persons.

This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting ofthe Board of Directors ofthe Company held on January 25, 2010:

RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney-in-fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further
RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and further
RESOLVED, that the signature of any authorized officer and the seal ofthe Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation ofthe Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers ofthe Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued.

IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this End day of May , 2024 _ Berkley Insurance C ompmy
JefEey M. Hafter who are sworn to me to be the Executive Vice President and Secretary, and the Senior Vice President, respectively. of Berkley Insurance Company,
HAEIA C. RUNDW NOTW PUBIJO Venn Public state of Connecticut GONNECRCUT WMISSION WIRES mm CERTIFICATE
L the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a true correct and complete cops of the original Po“ er of Attorney that said Pow er of Attorney Ins not been reV oked or rescinded and that the authorm of the Attorney in Fact set forth therein who executed the bond or undertaking to which this Pow er of Attosne’wss attached is in full force and effect as of this d'ite ‘Gtvei’zunder nu mnd and seal 0t the C ompmy this lst day of NOVem ber — 2024 “)1 ‘tl t 1 emg” , \ intent P Forte 4‘1 Aw N"
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4 Executive Vice President & Secretary Senior V tee Prestdent STATE OF CONNECTICUT ) ') ss:

COITNTY Of FAIRFIELD )
Sworn to before me. a Notary Public in the State of Connecticut. this 2nd day of Mav , 2024 . by Philip S. Welt and 325

State of California
County of Orange i
November 4, 2024 before me, Devin Broderick, a Notary Public (insert name and title ofthe officer)
On
Thomas J. Hildebrandt personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. i certify under PENALTY OF PERJURY under the laws ofthe State of California that the foregoing paragraph is true and correct.
. JEVIN BRODERICK Vacar‘] Fublic - California
Commission
Orange County hg‘ a‘ 2393478 g
My Cnmm. :xpires Feb 9, 2026
WITNESS my hand and official seal.

Signature (Seal)
,...,.
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326
Bond No.: 0256402
Contract No.: Q 0925' H53 Approved: w» 0/ ’1 04%

LABOR AND MA TERIAL BOND
WHEREAS, the City Council ofthe City of Chino, State of California, hereinafter designated as “CITY” and CenturL Communities of California, LLC, hereinafter designated as “PRINCIPAL,” have entered into an agreement whereby Principal agrees to instati and compiete certain designated pubiic improvements, which said agreement, dated October 15‘, 2024, and identified as Project No. TM 20446-1, is hereby referred to and made a part hereof; and
WHEREAS, under the terms ofsaid agreement, Principal is required, before entering upon the performance of the work, to fite a good and sufficient payment bond with the City of Chino to secure the ciaims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 ofthe Civil Code of the State of California NOW, THEREFORE, said Principal and the undersigned, as corporate surety, are held and firmly bound unto the City of Chino, and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Four Hundred Thirty-Four Thousand Seven Hundred Dollars and Zero Cents ($434,700.00) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys‘ fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in thejudgment therein rendered.

It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

Should the condition of this bond be fully performed, then this obligation shall become null and void, othenivise it shall be and remain in full force and effect The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any way affect its obligations on this bond, and itdoes hereby waive notice of any such change, extension oftime, alteration, or addition.

IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named, on November 1, 2024
Century Communities of California, LLC Berkley Insurance Company

PRINCIPAL ' SURETY
m d , WW \vmbs
Heidi K. Bockus, Attorney—in-Fact

SIGNA TURE(S) MUST BE NOTARIZED
Document No. 16354 (PWFORMS\BONDS—L&M\rev. 05/2012) Page 1 of1 327

CALIFORNIA ALL-PURPOSE

CERTIFICATE OF ACKNOWLEDGMENT
State of Colorado
Denver CountV of
on November 1, 2024 befOre me. Kathleen Kiyoko Freund, Notary Public (Hon: inscrt namc and title ofthc offrccr)
personally appeared Heidi K. BOCkus
who prox‘ed to me on the basis of satisfactory eVidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies). and that by his/her/their signature(s) on the instrument the person(s). or the entity upon behalf of which the person(s) acted. executed the instrument.

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

WITNESS my and and official seal.
(Notary Seal) M‘t’ C
‘
Signature ofNotan' Public
My Commission Expires: 2/26/2027

ADDITIONAL OPTIONAL INFORMATION

INSTRUCTIONS FOR COMPLETING THIS FORM
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(Title 01‘ description of attached document contindEdf document caretiil/‘i'fbr proper natarml wording and attach thin fbrm it‘i‘eqttired, O State and CountV information must be the State and Countv where the document signer(s) personallv appeared before the notarv public for acknrm'ledgment. n Date ofnotarizntion must he the date that the signerts) personally appeared which must also he the same datc the acknrm ledgment is completed. (Additional information) 0 The notan' public must print his or her name as it appears within his or her commission followed by a comma and then vour title (notary public). o Print the name(s) of document signer(s) who personally appear at the time of notarizxition.

Number of Pages Document Date
CAPACITY CLAIIVIED BY THE SIGNER Indicate thc correct singular or plural forms by crossing off incorrect forms (Le.

E Individual (s)
be she't-herT is are ) or circling the correct forms, Failure to correctlr indicate this information max’ lead to rejection ofdocument recording. E Corporate Officer t The notan‘ seal impression must he clear and photographicallv reproducible.

Impression must not cover text or lines. If scal impression smudges. re-seal if a (Title) sufficient area permits. otherwise complete a different ackim\\'lcdgnient form.

Partner(s) ' Signature of thc notary public must match the signature on tile with the office of the countv clerk, Attorney—in—Fact ‘2‘ Additional information is not required hut could help to ensure this Trustcc(s') acknowledgment is not misused or attached to a different document.

Other 'z’ Indicate title or type ofattachcd documcnt. number ofpagcs and date. ‘i- Indicate the capacity claimed hv the signer If the claimed capacity is a corporate officer. indicate the title (i.cr CEO. CFO. Secretaw).i c Securelv attach this document to the signed document
UDDD
2008 \r'ersion CAPA V12. 10.07 800-873-9865 \\v\\ \\‘.NotarvCl;rsscs.corn 328
No. Bl-7876c—el

POWER OF ATTORNEY

BERKLEY INSURANCE COMPANY

WILMINGTON, DELAWARE
KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the “Company”), a corporation duly organized and existing under the laws ofthe State of Delaware, having its principal office in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Heidi K. Bockus; Krista M. Lee; or Rattanatevy Lor 0f Marsh USA LLC 0fSeattle, WA its true and lawful Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/1 00 U.S. Dollars (U.S.$50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons.

RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney-in-fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further
RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and further
RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation ofthe Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued.

IN WITNESS WHEREOF. the Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this ’7E‘d day of May , 2024 , Berkley Insurance Company
(1:3? \ W lwk C3 By
Ph1hp S titlieit JeY§gl M.“Haf-§er ‘ U
’L’E.‘ aw ti" ‘ Execume Vice President & Secretan' Senior Vice President STATE 0f CONNECTICITT )
) ss:

COUNTY OF FAIRFIELD
Jeffrey
Sworn to
M.
before
Hafter
me.
who
a Notaiy
are sworn
Public
to
in
me
the
to
State
be
of
the
Connecticut.

Executive
this
Vice
Znd
President
day of
and Secretarv:

MaV
and
2024
the Senior
by Philip
Vice-President,
S Welt and
reapectiveiy. of Berkley Insurance Company. lg
MAEIA GHUNDW WWPUBLIC Notary Public, State of Connecticut OONNECHGUT WWWWIRES Mam CERTIFICATE
I, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY. DO HEREBY CERTEY that the foregoing is a true, correct and complete copy of the original Power of Attornev; that said Power of Attorney has not been res. oked or tescmded and that the authorit'v of the Attorney in Fact set forth thereinjwho executed the bond or undertakingto wiiich this Power of Attorne'ffé‘mi’tched is in fuil force and effect as of this date '.«“ "‘G‘txteiuinder mt hand md seal of the C onipany this ist day of November aw i 2024.

R‘NV'Ig‘ ‘ 51 \l l I t
\ Lucent P Forte lémww‘
r
, / A l
329

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individuai who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of Orange )
November 4, 2024 before me, Devin Broderick, a Notary Public On (insert name and title ofthe officer)
Thomas J. Hildebrandt personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. i certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

Notary Public - California
Orange County / Commisiton if 2393478
My Comm. ExDIres Fen ;, 2026
WITNESS my hand and official seal.
zzy
Signature (Seal)
+’
I ‘g
‘.
°
330
Bond No.: 0256402—M
Contract No.: gaze” W64
Approved: i0 A7); 32,912%

WARRANTY BOND
WHEREAS, the City Council of the City of Chino, State of California, hereinafter designated as “CITY" and Century Communities of California, LLC, hereinafter designated as “PRINCIPAL,” have entered into an agreement whereby Principai has agreed to warrant and guarantee the instailation, completion, and maintenance of certain designated pubiic improvements, which said agreement, dated October 15f, 2024, and identified as Project No. TM 20446-1, is hereby referred to and made a part hereof; and WHEREAS, said Principal is required underthe terms of said agreement to furnish a bond forthe warranty of said improvements.

NOW THEREFORE we the PrinCIpal and Berkley Insurance Company as surety are held and firmly bound unto the City of Chino in the penal sum of Eighty-Six Thousand Nine Hundred Dollars and Zero Cents ($86 900 00) lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally, firmly by these presents.

The condition ofthis obligation is such that ifthe above bound Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and provisions in said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed thereof made as therein provided, on his or its part, to be kept and performed at the time and in the mannertherein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees including reasonable attorneys’ fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named, on November 1, 2024
Century Communities of California, Lw Berkley Insurance Company PRINCIPAL SURETY By j: : M \c raw
Heidi K. Bockus, Attorney—in-Fact

SIGNA TURE(S) MUST B
Document No. 19808 (PWFORMS\BONDS-Warranty\rev. 05/2012) Page 1 oft y
331

CALIFORNIA ALL-PURPOSE

CERTIFICATE OF ACKNOWLEDGMENT
State of Colorado
Denver Countv of
on November 1, 2024 before me‘ Kathleen Kiyoko Freund, Notary Public (Hun: inscrt namc and titlc ofthc offlccr)
personally appeared Heidi K. Bockus
who proved to me on the basis of satisfacton' ex‘idence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s). or the entity upon behalf of which the person(s) acted. executed the instrument.

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

WITNESS mv hand and official seal.
/év/%
Sighature of Notan' Public
My Commission Expires: 2/26/2027
(Notai‘v Seal)

ADDITIONAL OPTIONAL INFORMATION

INSTRUCTIONS FOR COMPLETING THIS FORM
DESCRlPTlON ()l’ 'I'IIL' A'I‘TACIIL'D DOCUMENT
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages Document Date
(Additional information)
xlm‘ au/mmrlgdgmcnf completed in (Ia/ifbrnirt mm‘r crmmm rarbiugc exact/v m appears above m Ilia ImrmT .i'ecnmi 0r ci ,yrzpm‘uze acknowledgment fbrm Imia'r be pmpc'rlr completed and attached It) that clocumezii. ’l’lis only exception ix if a document i5 to be recorded oiilA’IdLa u/‘Call/ol'nm. [n .mcli ins/(ma . uni' alternative (to/(nowledgmcn! verbiage (Ly may bi? printed on xiwli a documcnr so long ds' the \‘erhmgg doex no! rot/mm tlm notary tr) do a‘mnetlling that ix illegal/or a notary in California (Ila. certin‘mg the aatliorimd capacnv of the .i‘ignerL Please chaclr the. document careful/v for propcr notarial \t'orc/ing and attach t/iiii' form ifraqilired. ~ State and Countv information must be the State and CountV Where the document signer(s) personalli‘ appeared before the notan public for acknmvledgment. o Date ofnotarization must be the date that the signeits) personally appeared which must also be the same date the acknowledgment is completed. 0 The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notaiy public). ' Print the name(s) of document signeits) who personally appear at the time of notaruation.
0 Indicate the correct singular or plural forms by crossing off incorrect forms (Le. he'she thet— is aa—e ) or circling the correct forms. Failure to corTectlV indicate this information mar lead to reiection ofdocument recording. o The notary seal impression must be clear and photographically reproducible.

Impression must not cm'er text or lines. If seal impression smudges. re-seal if a sufficient area permits. otherwise complete a different acknowledgment form. o Signature of the notary public must match the signature on file with the office of the countv clerk. ’I' Additional information is not required hut could help to ensure this acknowledgment is not misused or attached to a different document. ’:' Indicate title or type ofattached document. number ofpages and date. v Indicate the capacity claimed by thc signer. If thc claimed capacity is a corporate officer. indicate thc title (i.c. (T20. CFO. Secretary). o Securely attach this document to the signed document

CAPACITY CLAIMED BY THE SIGNER
B Individual (s)
D Corporate Officer
(Title)
Partncn s')
AttomeV—in-Fact ‘l‘rustcct s‘)
NUDE Other
2008 \i'ersion (‘APA VIZ. 10.07 800-873-9865 \\'\\\\.Notar'yClassescom g
332
N0. Bl-7876c-el

POWER OF ATTORNEY

BERKLEY INSURANCE COMPANY

WILMINGTON, DELAWARE
KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the “Company”), a corporation duly organized and existing under the laws ofthe State of Delaware, having its principal office in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Heidi K. B0ckus; Krista M. Lee; or Rattanatevy Lor Qf Mars/z USA LLC ofSeattle, WA its true and lawful Attorney-in—Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars (U.S.$50,000,000.00), to the same extent as ifsuch bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons.

This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of confiicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting ofthe Board of Directors ofthe Company held on January 25, 2010:

RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney-in-fact and revoke any power ofattorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further
RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and further
RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation ofthe Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers ofthe Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued.

B? WITNESS WHEREOF the Company has caused these presents to be signed and attested by its appropriate officers and its Lorponte seai heieunto atfixed this 7nd day of May , 2024 . i ikNf 35h»/ BerklefV IHSIifanCe Cit3 In}...1 l 11 V
{ii‘k/C I
kiwi:
l
.ii
M iQ/‘L‘W f
i B} 4/ Philip S
“QRX’eit Jer£rej M Liiafier E U
Execume Vice President & Secretary Senior V tee President STATE OF C‘ONNECTICITI i
) s3:

CO‘L‘NTY OF FAIRFIELD 'l
Sworn to before me. a Notary Public in the State of Connecticut. this 2nd day of May 2024 by Philip S. Welt and JefEey M. Hafter who are sworn to me to be the Executive Vice President and Secretary: and the Senior Vice President, respectively, ofBerkley Insurance Company ”2 MAFIA C. RUNDBNEU ;z; saga
NOTARY PUBLIC Notaiy Public, State ofCionnecticut OONNECTYCUT mmMMiSSION WIRES W292” CERTIFICATE
I, the undersigned Assistant Secretary of BERKLEY mSURANCE COMPANY, DO HEREBY CERTEY that the foregoing is a true correct and complete tom of the original Power of Attorney that said Pow e1 of Attorney has not been reV oked or tescinded and that the authority of the Attorney in Fact set forth therein who executed the bond Oi undertaking to which this Potter of Artoanefj ‘attachtd is in full forte and effett as of this date ' ““Gn‘et’umder my hmd and seal 0t the Loinpany this 18t day of NOVember _ we, 2024. .fct M‘Wo‘i,’ Vincent P. Forte
v .J (r _ \
x
333

State of Caiifornia
County of Orange i
On November 4, 2024 before me, Devin Broderick, a Notary Pubiic (insert name and title of the officer)
Thomas J. Hildebrandt personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. l certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal. DEVIN SRODERK‘K
Votary Fubhc California z
Orange County ’i
Commxssmn # 2393475
My
l
Camm :xmres Fen 9 2026
) .
~‘k ii“ \
;
334

Page 1 of 4 ends

Chino City CouncilFebruary 18, 2025

Chino City Council
February 18, 2025