SUBDIVISION IMPROVEMENT AGREEMENT
by and between
CITY OF CHINO
and
CHINO PRESERVE DEVELOPMENT CORPORATION
10-27-23
SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN
THE CITY OF CHINO
AND
CHINO PRESERVE DEVELOPMENT CORPORATION
Agreement Date: February 6, 2024
Subdivider Name: Chino Preserve Development Corporation.
Subdivision Description: 10.78-acre subdivision consisting of 55 single-family residential units generally located south of Legacy Park Street between East Preserve Loop and Chino Corona Road in the Low-Density Residential land use designation area of The Preserve within Block 3.
Tentative Map No.: 20446
Estimated Total Cost of Improvements: $2,142,100.00
Estimated Total Cost of Monumentation: $8,385.00 (based upon the plans, including individual lots, subdivision boundary and public improvements).
Security:
Bond No.: 024268408
Surety: The Ohio Casualty Insurance Company
10-27-23
Designees for the Service of Written Notice:
CITY: SUBDIVIDER:
Jesus Plasencia Chino Preserve Development Corporation
Assistant City Engineer
c/o Darius Fatakia
13220 Central Avenue Lewis Management Corporation
Chino, CA 91710 1156 N. Mountain Avenue
Upland, CA 91786
(909) 334-3417
[email protected] (909) 579-1229
[email protected]
CITY PROJECT INSPECTOR
Isaac Ortega
Permit & Inspection Supervisor
13220 Central Avenue
Chino, CA 91710
(909) 334-3501
[email protected]
10-27-23
TABLE OF CONTENTS
1. Construction Obligations
Works of Improvement
Other Obligations Referenced in Conditions of Tentative Map Approval Intent of Plans
Survey Monuments
Performance of Work
Changes in the Work
Defective Work
No Warranty by City
Authority of the City Engineer
Documents Available at the Site
Inspection
1.12 Compliance with Law; Applicable Standards for Improvements
1.13 Suspension of Work
1.14 Erosion and Dust Control and Environmental Mitigation
1.15 Final Acceptance of Works of Improvement
1.16 Vesting of Ownership
1.17 Subdivider's Obligation to Warn Public During Construction
1.18 Injury to Public Improvements, Public Property or Public Utility
2. Time for Performance
2.1 Commencement and Completion Dates
2.2 Phasing Requirements
2.3 Force Majeure
2.4 Continuous Work
2.5 Reversion to Acreage
3. Labor
3.1 Labor Standards
3.2 Nondiscrimination
3.3 Licensed Contractors
3.4 Workers' Compensation
4. Security
Required Security
Form of Security Instruments
Subdivider's Liability
Letters of Credit
Release of Security Instruments
5. Cost of Construction and Provision of Inspection Service 10-27-23
5.1 Subdivider Responsible for All Related Costs of Construction 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
Remedies
Remedies Not Exclusive
8.4 Attorney's Fees and Costs
Waiver
9. Indemnity/Hold Harmless
10. Subdivider's Indemnity of Project Approval
11. Insurance Requirements
12. Environmental Warranty
13. General Provisions
Successors and Assigns
No Third-Party Beneficiaries
No Vesting Rights
13.4 Subdivider is Not Agent of City
Time of the Essence
Notices
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
10-27-23
SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is entered into this 6 day of February 2024, by and between the CITY OF CHINO, a municipal corporation, organized and existing in the County of San Bernardino, under and by virtue of the laws of the State of California, ("CITY"), and Chino Preserve Development Corporation, a California corporation (Subdivider").
RECITALS
A. Subdivider is the owner of and has obtained approval of a subdivision map identified as Tentative Tract Map No. 20446, (the "Map"), located in the City of Chino, County of San Bernardino, State of California (the "Property"), as described on Exhibit "A". The Map requires Subdivider to comply with certain conditions of approval for the development of the Property (the "Conditions") as described on Exhibit "B".
B. Pursuant to the Conditions, Subdivider, by the Map, has offered for dedication to City for public use of the streets and easements shown on the Map. City desires to accept the streets and easements shown on the Map for public use, and certain other improvements described in this Agreement.
C. Subdivider has delivered to City, and City has approved, plans and specifications and related documents for certain "Works of Improvement" (as hereinafter defined) which are required to be constructed and installed in order to accommodate the development of the Property.
D. Subdivider's agreement to construct and install the Works of Improvement pursuant to this Agreement and its offer of dedication of the streets, easements and other improvements and facilities, as shown on the Map, are a material consideration to City in approving Final Map No. 20446 for the Property and permitting development of the Property to proceed.
COVENANTS
Based upon the foregoing Recitals which are incorporated herein by reference and in consideration of City's approving the Map for the Property and permitting development of the Property to proceed, Subdivider agrees to timely perform all of its obligations as set forth herein.
Construction Obligations.
1.1. Works of Improvement. Subdivider agrees, at its sole cost and expense, to construct or install, or cause to be constructed or installed the street, drainage, domestic water, sanitary sewer, street lighting, landscaping, utility, and other improvements more fully described in Exhibit "B" attached hereto (the "Works of Improvement"), as the same may be supplemented and revised from time to time as set forth in this Agreement (said plans and specifications, together with all related documents, the "Plans"). The estimated construction cost for the Works of Improvement is $2,142,100.00.
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1 1.2. Other Obligations Referenced in Conditions of Tentative Map Approval. In addition to the foregoing, Subdivider shall satisfy all of the Conditions on the Map for the Property. The Conditions associated with the Map are included in Exhibit "B" attached hereto.
1.3. Intent of Plans. The intent of the Plans referenced in Section 1.1 is to prescribe a complete work of improvement which Subdivider shall perform or cause to be performed in a manner acceptable to the City Engineer, (or designee), and in full compliance with all codes and the terms of this Agreement. Subdivider shall complete a functional or operable improvement or facility, even though the Plans may not specifically call out all items of work required for Subdivider's contractor to complete its tasks, incidental appurtenances, materials, and the like.
If any omissions are made or information necessary to carry out the full intent and meaning of the Plans, Subdivider or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the Plans, reference shall be made to the City Engineer whose decision thereon shall be final.
Subdivider recognizes that the Plans consist of general drawings. All authorized alterations affecting the requirements and information given on the Plans shall be in writing and approved by the City Engineer. The Plans shall be supplemented by such working or shop drawings as are necessary to adequately control the work. Without the City Engineer's prior written approval, no change shall be made by Subdivider or its contractor to any plan, specification, or working or shop drawing after it has been stamped as approved.
1.4. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments as shown on Final Map No. 20446 in accordance with the provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City of Chino. Subdivider shall provide security for such obligation as provided in Section 4.1(a)(iii) and, after setting the monuments, Subdivider shall furnish the City Engineer written notice of the setting of said monuments and written proof of having paid the engineer or surveyor for the setting of said monuments.
1.5. Performance of Work. Subdivider shall furnish or cause to be furnished all materials, labor, tools, equipment, utilities, transportation, and incidentals required to perform Subdivider's obligations under this Agreement.
1.6. Changes in the Work. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Paragraph 4, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary 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 agree upon changes to the Works of Improvement, subject to the security requirements in Section 4. 10-27-23
2 1.7. Defective Work. Subdivider shall cause its contractor to repair, reconstruct, replace, or otherwise make acceptable any work found by the City Engineer to be defective.
1.8. No Warranty by City. The Plans for the Works of Improvement have been prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no representation or warranty, express or implied, to Subdivider or to any other person regarding the adequacy of the Plans or related documents.
1.9. Authority of the City Engineer. In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to decide all questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Subdivider and its contractor.
1.10. Documents Available at the Site. Subdivider shall cause its contractor to keep a copy of all approved Plans at the job site and shall give access thereto to the City's inspectors and engineers at ail times.
1.11. Inspection. Subdivider shall have an authorized representative on the job site at all times during which work is being done who has full authority to act for Subdivider, or its design engineer, and Subdivider's contractor(s) regarding the Works of Improvement. Subdivider shall cause its contractor to furnish the City with every reasonable facility for ascertaining whether or not the Works of Improvement as performed are in accordance with the requirements and intent of this Agreement, including the Plans. If the City inspector requests it, the Subdivider's contractor, at any time before acceptance of the Works of Improvement, shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected.
After examination, the Subdivider's contractor shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City Engineer (or designee) shall not be considered as direct control of the individual workmen on the job site. City's inspectors shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement.
The inspection of the work by City shall not relieve Subdivider or its contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted.
1.12. Compliance with Law; Applicable Standards for Improvements. In addition to the express provisions of this Agreement and the Plans, Subdivider shall cause construction of the Works of Improvement to be completed in accordance with all other applicable federal, state, and local laws, ordinances, rules and regulations. In addition, without limiting the foregoing, the Subdivider shall, at its expense, obtain and comply with the conditions of all necessary permits and licenses for the construction of the Works of Improvement. The Subdivider shall also give all necessary notices and pay all fees and taxes as required by law.
Subdivider shall construct the Works of Improvements in accordance with the City standards in effect at the time of the adoption of the Approved Tentative Map. City reserves the 10-27-23
3 right to protect the public safety or welfare or comply with applicable Federal or State law or City zoning ordinances.
1.13. Suspension of Work. The City Engineer shall have authority to order suspension of the work for failure of the Subdivider's contractor to comply with law pursuant to Section 1.12.
In case of suspension of work for any cause 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. 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 shali be construed as final acceptance of any part until the overall final acceptance by the City Engineer is made. The City Engineer shall make a certification of completion and acceptance on the Works of Improvement by recordation of a Notice of Acceptance on behalf of the City.
Final acceptance shall not constitute a waiver by the City Engineer of defective work subsequently discovered.
The date on which the Works of Improvement will be considered as complete shall be the date of the Notice of Acceptance.
1.16. Vesting of Ownership. Upon recordation of the Notice of Acceptance, ownership of the Works of Improvement shall vest in the City.
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4 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, regardiess whether resulting from the acts of the Subdivider, prior to the recordation of the Notice of Acceptance. 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 reasonable satisfaction, and subject to the reasonable approval, of the City Engineer.
Neither the City, nor any officer or employee thereof, shall be liable or responsible for any accident, loss or damage, regardless of cause, occurring to the work or Works of Improvements prior to recordation of the Notice of Acceptance of the work or improvements.
2. Time for Performance.
2.1. Commencement and Completion Dates. Subject to Sections 2.2 and 2.3 below, Subdivider shall (i) commence with construction and installation of the Works of Improvement thirty (30) days following City's approval of the Plans ("Commencement Date"); and (i) 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 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 10-27-23
5 are satisfied. Priorto 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, it, 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, epidemics, pandemics and other public health emergencies, construction-industry-wide inability to procure labor or materials in the region in which the Property is located, construction-industry-wide inability to procure equipment or supplies on the open market in the region in which the Property is located, unusual delays resulting from transportation, laws, rules, regulations or orders of a public agency or other public agency action or inaction (including City),, acts or failures to act of a public agency (including City), changes to the scope of work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than five (5) days prior to City's receipt of a written notice from Subdivider or its contractor detailing the grounds for Subdivider's claim to a right to extend its time for performance hereunder. The City Engineer shall evaluate all claims to Force Majeure and make a reasonable determination regarding the length of any extension of time for commencement and/or completion of the Works of Improvement and the City Engineer's decision shall be final
2.4. Continuous Work. After commencement of construction of the Works of Improvement (or separate portion thereof), Subdivider shall cause such work to be diligently pursued to completion and shall not abandon the work for a consecutive period or more than thirty (30) days, events of Force Majeure excepted.
2.5. Reversion to Acreage. In addition to whatever other rights City may have due to Subdivider's failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Section 66499.11 through Section 66499.20.1.
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.
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6 3.2. Nondiscrimination. In accordance with the California Fair Employment and Housing Act ("FEHA"), California Government Code Section 12940 et seq., Subdivider agrees that Subdivider, its agents, employees, contractors, and subcontractor performing any of the Works of improvement shall not discriminate, in any way, against any person on the basis of race, ethnicity, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Subdivider shail 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 $2,142, 100.00 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 $1,071,100.00 equal to 50% of the estimated construction cost referenced in Section 1.1.
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7 (iii) A Security Instrument guaranteeing the payment of the cost of setting monuments as required in Section 1.4 in the amount of $8,385.00 equal to 100% of the cost thereof.
This Agreement shall not be effective for any purpose until such Security Instruments are supplied to and approved by City in accordance herewith. (b) Required Security Instrument for Maintenance and Warranty. Prior to the City Council's acceptance of the Works of Improvement and recordation of a Notice of Completion, Subdivider shall deliver a Security Instrument warranting the work accepted for a period of one (1) year following said acceptance (Maintenance and Warranty Security Instrument"), in the amount of $241,200.00 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 otherwise shall be in a form provided by City or otherwise approved by the City Attorney:
(a) Bonds. For Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California. Any insurance company acting as surety shall have a minimum rating of A-IX, as rated by the current edition of Best's Key Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858. Any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard & Poor's.
(b) Letters of Credit. For Security Instruments which are letters of credit, any letter of credit shall be an original separate unconditional, irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the City Engineer of the City that Subdivider is in default under its payment or performance obligations hereunder or in the event Subdivider fails to deliver a replacement letter of credit not less than thirty (30) days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 4.4. (c) Instrument of Credit. For Security Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to City all of Subdivider's interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. (d) General Requirements for all Security Instruments.
(i) Payments under any Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be 10-27-23
8 instituted and maintained) in the City of Chino, State of California (and the Security Instrument shall so provide).
(ii)
Each See die die for salader competing the or
Improvement, in accordance with Section 2.1 (other than Instruments of Credit, which shall have no defined term or expiration date).
(iii)* Each Security Instrument shall provide that changes may be made in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and without affecting the obligations under such Security Instrument.
(iv) If the Subdivider seeks to replace any security with another security, the replacement shall: (1) comply with all the requirements for security in this Agreement; (2) be provided by the Subdivider to the City Engineer; and (3) upon its written acceptance by the City Engineer, be deemed a part of this Agreement. Upon the City Engineer's acceptance of a replacement security, the former security shall be released by the City.
4.3. Subdivider's Liability. While no action of Subdivider shall be required in order for City to realize on its security under any Security Instrument, Subdivider agrees to cooperate with City to facilitate City's realization under any Security Instrument, and to take no action to prevent City from such realization of any Security Instrument. Notwithstanding the giving of any Security Instrument or the subsequent expiration of any Security Instrument or any failure by any surety or financial institution to perform its obligations with respect thereto, Subdivider shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10) days after written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 4.
4.4. Letters of Credit.
(a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit (expiring in not less than one (1) year, unless City agrees to a lesser term in City's sole and absolute discretion) is not delivered not less than thirty (30) days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit delivered hereunder, issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit.
(b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the 10-27-23
9 control of the City, with no interest accruing thereon for the benefit of the Subdivider. If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as provided in the foregoing. Subdivider agrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein, and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City's security interest in such account.
4.5. Release of Security Instruments. The City shall release all Security Instruments consistent with Government Code Sections 66499.7 and 66499.8, Section 19.09.010 of the Chino Municipal Code, and as follows:
(a) City shall release the Faithful 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; (il) 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.
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.
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10 5.2. Payment to City for Cost of Related Inspection and Engineering Services.
Subdivider shall compensate City for all of City's costs reasonably incurred in having its authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Subdivider shall compensate City for all design, plan check, evaluating any proposed or agreed-upon changes in the work. The procedures for deposit and payment of such fees shall be as established by the City. In no event shall Subdivider be entitled to additional inspections or a final 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
5.3. Payment of Development Impact Fees. Unless otherwise addressed in the Development Agreement, as amended, between Subdivider, its affiliates, Chino Holding Company, LLC and Chino Development Corporation, and the City, or in a Construction Credit and Reimbursement Agreement or other agreement among any of the foregoing entities and the City, Subdivider shall pay Development Impact Fees pursuant to and in accordance with Chino Municipal Code Chapter 3.40 or 3.45, as applicable.
6. Acceptance of Offers of Dedication. The City Council shall pass as appropriate resolution or resolutions accepting all offers of dedication shown on the Map for the Property, with acceptance to become effective upon completion and acceptance by City of the Works of Improvement. Such resolution(s) shall authorize the City Clerk to execute the Certificate made a part of the Map regarding said acceptance of the offer of dedication.
7. Warranty of Work. Subdivider shall guarantee all Works of Improvement against defective materials and workmanship for a period of one (1) year from the date of final acceptance. If any of the Works of Improvement should fail or prove defective within said one (1) year period due to any reason other than improper maintenance, or if any settlement of fill or backfill occurs, or should any portion of the Works of Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen (15) days after written notice of such defects, or within such shorter time as may reasonably be determined by the City in the event of emergency, shall commence to repair or replace the same together with any other work which may be damaged or displaced in so doing. Should Subdivider fail to remedy defective material and/or workmanship or make replacements or repairs within the period of time set forth above, City may make such repairs and replacements and the actual cost of the required labor and materials shall be chargeable to and payable by Subdivider. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law.
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;
10-27-23
11 Subdivider's failure to perform substantial construction work for a period for 20 consecutive calendar days after commencement of the work; (d) Subdivider's insolvency, appointment of a receiver, or the filing of any petition in bankruptcy, either voluntary or involuntary, which Subdivider fails to discharge within 30 days;
(e) The commencement of a foreclosure action against the subdivision or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or (f) Subdivider's failure to perform any other obligation under this Agreement.
8.2. Remedies. The City reserves all remedies available to it at law or in equity for a default or breach of Subdivider's obligations under this Agreement. The City shall have the right, subject to this Section, to draw upon or use the appropriate security to mitigate the City's damages in the event of default by Subdivider. The City's right to draw upon or use the security is in addition to any other remedy available to City. The parties acknowledge that the estimated costs and security amounts may not reflect the actual cost of construction of the improvements and, therefore, City's damages for Subdivider's default shall be measured by the cost of completing the required improvements. The City may use the sums provided by the securities for the completion of the Works of Improvement in accordance with the plans. In the event the Subdivider fails to cure any default under this Agreement within 20 days after the City mails a notice of such default to the Subdivider and the Subdivider's surety, Subdivider authorizes the City to perform the obligation for which Subdivider is in default and agrees to pay the entire cost of such performance by the City. The City may take over the work and complete the Works of Improvement, by contract or by any other method City deems appropriate, at the expense of the Subdivider. In such event, City, without liability for doing so, may complete the Works of Improvement using any of Subdivider's materials, appliances, plans and other property that are at the work site and that are necessary to complete the Works of Improvement.
8.3. Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, the Subdivider agrees that the choice of remedy or remedies for Subdivider's breach shall be in the discretion of the City. Additionally, any remedy specifically provided in this Agreement shall be in addition to, and not exclusive of, City's right to pursue any other administrative, legal, or equitable remedy to which it may by entitled.
8.4. Attorney's Fees and Costs. In the event that Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney's fees. In the event of any dispute arising out of Subdivider's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney's fees and costs. Such attorney's fees and cost shall include fees and costs on any appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs 10-27-23
12 with respect to the litigation. All such fees and costs shali be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment.
8.5. Waiver. No waiver by the City of any breach or default by the Subdivider shall be considered valid unless in writing, and no such waiver by the City shall be deemed a waiver of any subsequent breach or default by the Subdivider.
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 active negligence or willful misconduct 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. 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.
For a period of one (1) year after the City's acceptance of the improvements, the Subdivider shall remain obligated to eliminate any latent defect in design or dangerous condition caused by the design or construction defect; however, Subdivider shall not be responsible for routine maintenance. It is the intent of this section that, subject to applicable law, including statutes of limitations, 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.
In the event of a dispute regarding this Section, the non-prevailing party shall reimburse the prevailing party 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 the prevailing party in enforcing this Section.
10-27-23
13 10. Subdivider's Indemnity of Project Approval. Subdivider shall defend, indemnify, and hold harmless the City and its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning the Subdivision. The City shall promptly notify the Subdivider of any claim, action, or proceeding and cooperate fully in the defense of any such claim, action, or proceeding. In the event City fails to promptly notify the Subdivider of any claim, action, or proceeding, or if the City fails to cooperate in the defense, the Subdivider shall not thereafter be responsible to defend, indemnify, or hold harmless the City. Nothing in this Section prohibits the City from participating in the defense of any claim, action, or proceeding if City bears its own attorney's fees and costs and defends the action in good faith. Subdivider shall not be required to pay or perform any settlement unless the settlement is approved by the Subdivider.
11. Insurance Requirements. Subdivider, at Subdivider's sole cost and expense and for the full term of this Agreement and any extensions thereto, shall obtain and maintain all of the following minimum insurance requirements in a 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; (i) Owners' and contractors' protection;
(iii) Blanket contractual;
(iv) Completed operations; and
(v) Products.
Commercial Business Auto policy with a minimum $1 million combined single limit for bodily injury and property damage, providing all of the following minimum coverage without deductibles:
(i) Coverage shall apply to any and all leased, owned, hired, or non- owned vehicles used in pursuit of any of the activities associated with this Agreement; and
(i) 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:
10-27-23
14 (i) This policy shall provide coverage for Workers' Compensation (Coverage A); and
(i) This policy shall provide coverage for $1,000,000 Employers' Liability (Coverage B).
Pursuant to Labor Code section 1861, Subdivider by executing this Agreement certifies: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and / will comply with such provisions before commencing the performance of the work of this contract."
(iii) Prior to commencement of work, the Subdivider shall file with the City's Risk Manager a Certificate of Insurance or certification of permission to self-insure workers' compensation conforming to the requirements of the Labor Code.
(d) Endorsements. All of the following endorsements are required to be made a part of each of the above-required policies as stipulated below:
"The City of Chino, its officers, employees and agents are hereby added as additional insureds."
(i) "This policy shall be considered primary insurance with respect to any other valid and collectible insurance the City may possess, including any self- insured retention the City may have and any other insurance the City does possess shall be considered excess insurance only." (iii) "This insurance shall act for each insured and additional insured as though a separate policy has been written for each. This, however, will not act to increase the limit of the insuring company." (iv) "Thirty (30) days prior written notice of cancellation shall be given to the City of Chino in the event of cancellation and/or reduction in coverage, except that ten (10) days prior written notice shall apply in the event of cancellation for non-payment of premium." Such notice shall be sent to the Risk Manager at the address indicated in Subsection f below.
(v) Subsection d(iv) hereinabove "Cancellation Notice" is the only endorsement required of the Workers' Compensation and Employers' Liability policy.
(e) Admitted Insurers. All insurance companies providing insurance to the Subdivider under this Agreement shall be admitted to transact the business of insurance by the California Insurance Commissioner.
10-27-23
15 (f) Proof of Coverage. Copies of all required endorsements shall be attached to the Certificate of Insurance which shall be provided by the Subdivider's insurance company as evidence of the coverage required herein and shall be mailed to:
City of Chino
Risk Management
13220 Central Avenue
Chino, CA 91710
12. Environmental Warranty.
12.1. Prior to the acceptance of any dedications or Works of Improvement by City, Subdivider shall provide City with a written warranty in a form substantially similar to Exhibit "C" attached hereto and incorporated herein by reference, that:
(a) Neither the property to be dedicated nor Subdivider are in violation of any environmental law, and neither the property to be dedicated nor the Subdivider are subject to any existing, pending or threatened investigation by any federal, state or local governmental authority under or in connection with the environmental laws relating to the property to be dedicated.
(b) Neither Subdivider nor any other person with Subdivider's permission to be upon the property to be dedicated shall use, generate, manufacture, produce, or release, on, under, or about the property to be dedicated, any Hazardous Substance except in compliance with all applicable environmental laws. For the purposes of this Agreement, the term "Hazardous Substances" shall mean any substance or material which is capable of posing a risk of injury to health, safety or property, including all those materials and substances designated as hazardous or toxic by any federal, state or local law, ordinance, rule, regulation or policy, including but not limited to, all of those materials and substances defined as "Toxic Materials" in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30 in effect as of the date of this Agreement and/or the date of the completion of the public improvements, or any other materials requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies in effect as of the date of this Agreement and/or the date of the completion of the public improvements.
(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.
12.2. Subdivider shall give prompt written notice to City of:
10-27-23
16 (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.
Any claims made or threatened by any third party against City or the property to be dedicated relating to any loss or injury resulting from any hazardous substance; and
(d) Subdivider's discovery of any occurrence or condition on any property adjoining or in the vicinity of the property to be dedicated that could cause the property to be dedicated or any part thereof to be subject to any restrictions on its ownership, occupancy, use for the purpose for which it is intended, transferability or suit under any environmental law.
13. General Provisions.
13.1. Successors and Assigns. This Agreement shall be binding upon all successors and assigns to Subdivider's right, title, and interest in and to the Property and any portion thereof.
Subdivider hereby consents to City recording this Agreement as official records of San Bernardino County, affecting fee title interest to the Property to provide constructive notice of the rights and obligations incurred by Subdivider in the City's approval of this Agreement. In the event the Property is subsequently conveyed by Subdivider to a third party prior to completion of the Works of Improvement, whereby the third party is intended to assume Subdivider's responsibilities with regard to this Agreement, (the "Replacement Subdivider"), the rights and obligations of this Agreement shall transfer to the Replacement Subdivider; however, the Security Instruments required pursuant to Section 4 of this Agreement, and furnished by Subdivider as a condition of the City's approval of this Agreement, shall remain Subdivider's responsibility to maintain until such time as Subdivider and its Replacement Subdivider enter into a Transfer and Assignment of Subdivision Agreement, (the "Transfer Agreement"), to acknowledge the transfer of fee title to the Property from the Subdivider to its Replacement Subdivider, and to acknowledge the rights and obligations associated with this Agreement upon the Replacement Subdivider, including Replacement Subdivider's responsibility to furnish replacement Security Instruments meeting the City's approval pursuant to Section 4 of this Agreement. Until such time as a Transfer Agreement, meeting the City's approval, is executed by Subdivider and its Replacement Subdivider, and replacement Security Instruments meeting City's approval are furnished by the Replacement Subdivider, Subdivider retains sole responsibility for maintaining all Security Instruments required pursuant to Section 4 of this Agreement.
13.2. No Third-Party Beneficiaries. This Agreement is intended to benefit only the parties hereto and their respective successors and assigns. Neither City nor 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.
10-27-23
17 13.3. No Vesting Rights. Performance by the Subdivider of this Agreement shall not be construed to vest Subdivider's rights with respect to any change in any zoning or building law or ordinance.
13.4. Subdivider is Not Agent of City. Neither Subdivider nor Subdivider's agents, contractors, or subcontractors are agents or contractors of the City in connection with the performance of Subdivider's obligations under this Agreement.
13.5. Time of the Essence. Time is of the essence of Subdivider's performance of all of its obligations under this Agreement.
13.6. Notices. Unless otherwise specified in this Agreement, all notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date is delivered in person, or, if mailed, on the date of deposit in the United States Mail. Notice shall be provided to the persons listed on Pages 1 and 2 of this Agreement by the parties for this purpose.
Either party may provide a new designated representative and/or address by written notice as provided in this Section.
13.7. No Apportionment. Nothing contained in this Agreement shall preclude City from expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering into agreements with other subdividers for the apportionment of costs of water and sewer mains, or other improvements pursuant to the provisions of the City ordinances providing therefore. Nor shall anything in the Agreement commit City to any such apportionment.
13.8. Severability. 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.
13.11. Interpretation. This Agreement shall be interpreted in accordance with the laws of the State of California.
13.12. Entire Agreement; Waivers and Amendments. This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to all or part of the subject matter hereof, except as may be expressly provided herein. All waivers of the provisions of this Agreement must be in writing and signed by an authorized representative of the party to be charged, and all amendments hereto must be in writing and signed by the appropriate representatives of both parties.
10-27-23
18 13.13. Counterparts. This Agreement may be executed in one or more counterparts, all of which taken together shall be deemed one original.
Authority. The persons executing this Agreement on behalf of the parties warrant (i) the party is duly organized and existing, (i) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into of this Agreement does not violate any provisions of any other agreement to which said party is bound. [SIGNATURES ON NEXT PAGEJ
10-27-23
19 IN WITNESS WHEREOF, the City and the Subdivider have caused this Agreement to be executed the day and year first above written
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
Fred Galante, City Attorney
Director of Public Works
CHINO PRESERVE DEVELOPMENT
CORPORATION:
By:
Name: Bryan Goodman
Title: Authorized Agent
CITY OF CHINC
Dr. Landa Reich, City Manager
Date: 2-6-24
ATTEST:
Natalie Gonzaga. City Clerk
Dated: 2/22/2024
-
10-27-23
20 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.
State of California
County of San Bernardino )
on january 25, 2024 before ma Lace Vice, Notary Public
Here Insert Name and Title of the Officer
personally appeared Bryan Goodman
Name(s) of Signer(s)
who proved to me on the basis of satistactory 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 ir 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.
LACIE VICK WITNESS my hand and official seal
Notary Public - California
San Bernardino County
Commission # 2421003
My Comm. Expires Oct 13, 2026 Signature
Signature of Notary Publ
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: SIA -tr. 20446 Document Date: 2/6/24 Number of Pages: _ Signers) Other Than Named Above:
signer's Name:orva Signer's Name:
• Corporate Officer Title(s): _ • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - • Limited • D General • Individual • Attorney in Fact • Individual • Attorney in Fact I Trustee • Trustee • Guardian or Conservator
Pouser: Authoriu annonservator • Other:
Signer Is Representing: CPDG Signer Is Representing:
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 01225.0006/366470.2
EXHIBIT "A"
[attached]
01225.0006/366470.2 A-1
Exhibit "A"
Tract Map No. 20446
TRACT BOUNDARY
Legacy Park Street
Toyon Street L-LOTA, ILOTD
East Preserve Loop
55 - LOT B
LOT B
LOT 1
37 54
Bristlecone Avenue
53 38
Dara Avenue -Deergrass Avenue.
52 -LOT 2- Terra Seca Avenue- Chino Corona Road
51 50
42 49
43 30
AlLantris\Lahibit 4-20446.omg. Plotieo: Doc 48
44 29
Tamarack
LOF 4
45 28
Street
27 25 18
24 : 23 19
22 : 21
20 ^ TRACT BOUNDARY
10390 Commerce Center Drive
LOKING Suite 250 NORTH
Rancho Cucamonga, California 91730 250'
0' 500'
Phone: (909) 945-0526
Engineers/Surveyors Fax: (909) 945-0529
EXHIBIT "B"
TRACT MAP NO. 20446 WORKS OF IMPROVEMENT
A. Removal of undesirable, dangerous and dead plant materials and roots.
B. All onsite and offsite grading as specified on the approved grading plan.
C. Relocation of all public utility structures as necessary to properly construct the required improvements.
D. Storm drain facilities as required and shown on the approved construction plans and in accordance with City Standards.
E. Sanitary sewers constructed as shown on the approved, engineered plans and in accordance with City Standards.
F. Water mains, valves, hydrants, services, meters and appurtenances to serve each lot as shown on the approved construction plans and in accordance with City Standards.
G. Underground installation of all electrical, telephone, cable television and any other energy or communication lines that abut or are within the project site.
H. A street lighting system (City-owned) in accordance with City Standards.
I. Disposal of all rocks and debris located within any public right-of-way within said development or on the boundary streets thereof.
J. Installation of concrete curbs, gutters, sidewalks, cross gutters, driveways and intersections as shown on approved construction plans and in accordance with City Standards.
K. Installation of asphalt concrete or Portland Cement Concrete street pavement on base material as shown on approved construction plans and in accordance with City Standards.
L. Street signs at intersections per the City Standards.
M. Installation of approved landscaping (plants and materials).
N. Setting monuments as required by the State Code.
The Subdivider shall also perform all work and furnish all materials necessary, in the opinion of the Director of Public Works or her designee and on her 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.
01225.0006/366470.2 B-1
RESOLUTION NO 2020-080
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: Tract 20446
LOCATION: SE Corner East Preserve Loop & Legacy Park Street By:
DATE: October 23, 2023
Quantity Unit Item Unit Total Cost
Price Per Item
STREETS
EA Tree Removal $ 800.00 / 8
CY. Concrete Removal $ 325.00 $
CY AC Pavement Removal 100.00 $
CY Imported Common Fill (Incl. Compaction) $ 34.00|$
76,420 SF Preparation of Subgrade, Sidewalk and Paving $ _1.00 $ 76,420.00 PCC 8" Curb & 24" Gutter on 6" AB $ 26.00 S
3,665 LF PCC 6" Curb & 24" Gutter on 6" AB 24.00 $ 87,960.00 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
EA Traffic Sign and Post 400.00 $ 2,800.00
EA Reflector Sign and Post $ 175.00 | $
..
11 EA Painted Legend $ 6.50 $ 71.50
SF Prime or Tack Coat $ 0.08 $
TON AC Variable - ≤300T 130.00
1,850 TON AC Variable.- ≥ 300T $ 120.00 $ 222,000.00
TON CAB Variable - <300T $ 100.00 $
2,110| TON CAB Variable - >300T $ 90.00 $ 189,900.00
EngCostEstirnate Page 1 of 11 Effective Date: January 1, 2021 RESOLUTION NO 2020-080
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: Tract 20446
LOCATION: SE Corner East Preserve Loop & Legacy Park Street By: ps
DATE: October 23, 2023
Quantity Unit Item Unit Total Cost
Price 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 Coid Plane A.G. 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
f Existing Fence 25.00 $
foot School fence (Add $9.00/LF for Removal o
Existing Fence) $ 35.00 $
EA Utility Poles
Transmission $ 11,500.00 $
Distribution $ 8,000.00 $
Service $ 3,000.00 $
Eng CostEstimate Page 2 of 11 Effective Date: January 1, 2021 RESOLUTION NO 2020-080
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: Tract 20446
LOCATION : SE Corner East Preserve Loop & Legacy Park Street By: ps
DATE: October 23, 2023
Quantity Unit Item Unit Total Cost
Price Per Item
STREETS
-andscape (Including shrubs, Hardscape, Irrigation,
Ground Cover, Lighting, Installation Labor and Connectior SF to Existing Systems) 15.00 $
$
14 foot Median with Landscape, Irrigation, Lighting,
LE Hardscape, Curb, Gutter & Pavement $ 300.00
Rail Road Crossing
Safety Equipment (Complete Including Crossing
LS Gates, Signs, and Lights) $ 500,000.00 s
SF Track Crossing (Concrete) $ 175.00 | $
SF Approach
4.00 $
8 EA S.W. Ramps (A.D.A. Compliant)
4,000.00 $ 32,000.00
EA Traffic Signal Loops $ 600.00 S
100 SF 4" to 6" Fresno River Cobble Pavement
$ 10.00 $ 1,000.00
LF Metal Beam Guard Rail
$ 70.00
STREETS
STREET SUBTOTAL $
1,007,786.50
LS Mobilzation (5% of Construction Cost) 5% $
50,389.33
LS. Traffic Control (5% of Construction Cost) 5% $
50,389.33
LS Clear & Grub Site (5% of Construction Cost)
5%. $ 50,389.33
LS Excavation (Clean Material) (5% of Construction Cost) 5% $ 50,389.33
GRAND TOTAL STREETS ONLY $ 1,209,343:80
EngCostEstimate Page 3 of 11
Effective Date: January 1, 2021
RESOLUTION NO 2020-080
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: Tract 20446
LOCATION: SE Corner East Preserve Loop & Legacy Park Street By: ps
DATE: October 23, 2023
Quantity Unit item Unit Total Cost
Price Per Item
WATER
LF Trench Support/Shoring (6 foot depth) 15.00 | $
CY $ 90.00 $
Pipe peding opation inpoi cavation, beding,
LF acktil and pavement restoratio 80.00 $
" Pipe & Fittings Installed, including excavation, bedding 1153 LF backtill and pavement restoration. 100.00| $ 115,300.00 12" Pipe & Fittings Installed, including excavation,
LF bedding, backfill and pavement restoration. 135.00 $ 18" Pipe & Fittings Installed, including excavation,
LF 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 $ 13,000.00
EA 12" Gate Valve $ 4,500.00 $ 9,000.00
EA 18" Gate Valve $ 7,500.00 S
EA Fire Hydrant Assembly per City Std. $ 7,500.00 $ 30,000.00 EA Blow-off Assembiy 4" per City Std. $ 8,600.00$
EA 1" Air Relief Assembly _4,500.00 $ 4,500.00
36_ EA 1" Water Service/Meter 3,500.00 $ 126,000.00
EA 2" Water Service/Meter $ 4,500.00 | $
00004|
WATER
WATER SUBTOTAL $ 297,800.00
LS Mobilzation (5% of Construction Cost) 5%$ 14,890.00
LS Traffic Control (5% of Construction Cost) 5% $ 14,890.00 GRAND TOTAL WATER ONLY $ 327,580.00
EngCostEstimate Page 4 of 11 Effective Date: January 1, 2021 RESOLUTION NO 2020-080
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: Tract 20446
LOCATION: SE Corner East Preserve Loop & Legacy Park Street By: ps
DATE: October 23, 2023
Quantity Unit Item Unit Total Cost
Price Per Item
RECYCLED WATER
Trench Support/Shoring (6 foot depth) $ 15.00 $
CY piPpe digs postaled, including excavation, bedding. $ 90.00 $ LF backfill and pavement restoration $ 80.00 $
8" Pipe & Fittings Installed, including excavation, bedding, LF backfill and pavement restoration. $ 100.00 $
12" Pipe & Fittings Installed, including excavation,
LE bedding, backtill and pavement restoration $ 135.00 $ 18" Pipe & Fittings Installed, including excavation,
LF bedding, backfill and pavement restoration $ 175.00 $ EA 6" Gate Valve $ 2,000.00 $
EA 8" Gate Valve $ 2,600.00 | $ -
EA 12" Gate Valve 4,500.00 $
EA 18" Gate Valve $ 7,500.00 $
EA Fire Hydrant Assembly per City Std 7,500.00 $
EA Blow-off Assembly 5" per City Std. $ 8,600.00 $
EA 2" Air Relief Assembly $ 4,500.00 $
EA 1" Water Service/Meter $ 3,500.00 $
EA 2" Water Service/Meter $ 4,500.00 $
RECYCLED WATER
RECYCLED WATER SUBTOTAL
LS Mobilzation. (5% of Construction Cost) 5% $
LS Traffic Control (5% of Construction Cost) 5% 5
GRAND TOTAL RECYCLED WATER ONLY $
EngCostEstimate Page 5 of 11 Effective Date: January 1, 2021 RESOLUTION NO 2020-080
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: Tract 20446
LOCATION: SE Corner East Preserve Loop & Legacy Park Street By: ps
DATE: October 23, 2023
Quantity Unit Item Unit Total Cost
Price Per Item
SEWER
LE rench Support/Shoring $ 15.00 $
" V.C.P Instailed, including excavation, bedding, backt 55 LF and pavement restoration $75.00 $ 4,125.00
" V.C.P Installed, including excavation, bedding, backill 136 LF and pavement restoration $85.00 $ 11,560.00
8" V.C.P Installed, including excavation, bedding, backfill 1730 LF and pavement restoration $93.00| $ 160,890.00
12" V.C.P. installed, including excavation, bedding,
LF backfill and pavement restoration $123.00 | $
15" V.C.P. Installed, including excavation, bedding,
LF backfill and pavement restoration $143.00 $
18" V.C.P. Installed, including excavation, bedding,
LF backfill and pavement restoration $163.00 $
21" V.C.P. Installed, including excavation, bedding,
LF backfill and pavement restoration $193.00 $
24" V.C.P. Installed, including excavation, bedding,
LF backfill and pavement restoration $208.00 $
EA Sewer Saddle $450.00 | $
EA Wyes 4" × 8" Typical $225.00 $
EA 48" Sewer Manhole $4,700.00 $ 32,900.00
EA 60" Sewer Manhole $7,500.00 $
EA Sewer Cleanout $1,800.00 $ 5,400.00
SEWER
SEWER SUBTOTAL $ 214,875.00
LS Mobilization (5% of Construction Cost) 5% $ 10,743.75 LS Traffic Control (5% of Construction Cost) 5%| $ 10,743.75 GRAND TOTAL SEWER ONLY $ 236,362.50
EngCostEstimate Page 6 of 11 Effective Date: January 1, 2021 RESOLUTION NO 2020-080
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: Tract 20446
LOCATION: SE Corner East Preserve Loop & Legacy Park Street By: ps
DATE: October 23, 2023
Quantity Unit Item Unit Total Cost
Price Per Item
STORM DRAIN
LF 24" X 36" G.M.P.A. (10 Gauge) $ 230.00
LF 27" x 43" C.M.P.A (10 Gauge) $ 250.00
EA Storm Drain Manhole #1 $ 10,000.00 $
EA Junction Structure #2 (24" or larger) $ 8,850.00 $
EA Junction Structure #4 (24" or smaller) $ 4,000.00 $
EA Outlet Structure $ 7,000.00 $
EA Catch Basin 3.5' Width $ 7,200.00 $
EA Catch Basin 7' Width/L.D. 7,900.00 $
EA Catch Basin 10' Width/L.D. $ 9,950.00 S
EA Catch Basin 14' Width/L.D. $ 11,000.00 $
EA Catch Basin 21' Width/L.D. $ 13,000.00 $
18 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration 200.00 $
24 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration 240.00 $
27 inch RCP Installed, including excavation, bedding,
LF backtill and pavement restoration 260.00 $
30 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration $ 280.00 $
33 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration $ 295.00$
36 inch RCP Installed, including excavation, bedding,
LF 39 ich aCP Insalen, including excavation, bedding. $ 310.00 $ LF acktill and pavement restoratio 320.00 $
in Installed, including excavation, beddin
LF backfill and pavement restoration $ 330.00
45 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration $ 360.00 $
48 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration $ 385.00 $
54 inch RCP Installed, including oxcavation, bedding,
LF backfill and pavement restoration. $ 440.00 $
60 inch RCP installed, including excavation, bedding,
LE backfill and pavement restoration $ 500.00 | $
EngCostEstimate Page 7 of 11 Effective Date: January 1, 2021 RESOLUTION NO 2020-080
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: Tract 20446
LOCATION: SE Corner East Preserve Loop & Legacy Park Street By: ps
DATE: October 23, 2023
Quantity Unit Item Unit Total Cost
Price Per Item
STORM DRAIN
66 inch RCP Installed, including excavation, bedding,
LE ackfill and pavement restoratio 560.00
2 inch RCP Installed, including excavation, bedding
LF backfill and pavement restoration 625.00 S
78 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration $ 690.00
84 inch RCP Installed, including excavation, bedding
LE backtill and pavement restoration $ 765.00 $
90 inch RCP Installed, including excavation, bedding,
LE backtill and pavement restoration $ 830.00 $
96 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration 920.00 $
102 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration $ 1,000.00 $
108 inch RCP Installed, inctuding excavation, bedding,
LF backfill and pavement restoration $ 1,075.00 $
7'x 6' RCB Installed, including excavation, bedding,
LE backtill and pavement restoration 700.00 $
7'× 8.5 RCB Installed, including excavation, bedding,
backfill and pavement restoration $ 820.00 $
7'x 9.5 RCB Installed, including excavation, bedding,
LF backtill and pavement restoration $ 870.00 $
8'x 11 RCB Installed, including excavation, bedding,
LE backtill and pavement restoration $ 1,000.00 $
8'x 13' RCB Installed, including excavation, bedding,
LF backfill and pavement restoration $. 1,100.00 $
9'x 9' RCB Installed, including excavation, bedding,
LF backfill and pavement restoration 1,000.00 $
9'x 12' RCB Installed, including excavation, bedding,
LF backtill and pavement restoration 1,100.00 $
4'x 6' RCB Installed, including excavation, bedding,
LF. backfill and pavement restoration $ 680.00
EA 36" CSP RISER $ 2,500.00 $
LF 30" CSP PIPE, 14 GUAGE $ 240.00 $
LF 24" CSP PIPE, 14 GUAGE $ 200.00 $
EA CONCRETE COLLAR $ 600.00 $
EA BRICK & MORTAR PLUG $ 300.00 $ -
STORM DRAIN
STORM DRAIN SUBTOTAL $
LS Mobilization (5% of Construction Cost) 5% $
LS Traffic Control (5% of Construction Cost) 5% $
EngCostEstimate Page 8 of 11 Effective Date: January 1, 2021 RESOLUTION NO 2020-080
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: Tract 20446
LOCATION: SE Corner East Preserve Loop & Legacy Park Street By: ps
DATE: October 23, 2023
Quantity Unit Item Unit Total Cost
Price Per Item
GRAND TOTAL STORM DRAIN ONLY
EngCostEstimate Page 9 of 11 Effective Date: January 1, 2021 RESOLUTION NO 2020-080
EXHIBIT G
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: Tract 20446
LOCATION: SE Corner East Preserve Loop & Legacy Park Street By: ps
DATE: October 23, 2023
Quantity Unit Item Unit Total Cost
Price Per Item
DIRECT COSTS GRAND TOTAL STREETS ONLY $ 1,209,343.80
GRAND TOTAL WATER ONLY $ 327,580.00
GRAND TOTAL RECYCLED WATER ONLY $
GRAND TOTAL SEWER ONLY $ 236,362.50
GRAND TOTAL STORM DRAIN ONLY $
GRAND TOTAL (FOR PLAN CHECK & INSPECTION FEE
DETERMINATION): $ 1,773,286.30
PROJECT ADDITIVES Project Contingencies 10% $ 177,328.63 Construction Staking: 3% $ 53,1.98.59
Soils Testing: 1% $ 17, 732.86.
Material Testing. 1% $ 17,732:86
Construction Inspection 4.8% $ 85,117.74
Contract Administration 1% $ 17,732.86
GRAND TOTAL (FOR BOND AMOUNTS) 2,142,129.85
EngCostEstimate Page 10 of 11 Effective Date: January 1, 2021 RESOLUTION NO 2020-080
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: Tract 20446
LOCATION: SE Corner East Preserve Loop & Legacy Park Street By: ps
DATE: October 23, 2023
Quantity Unit item Unit Total Cost
Price Per Item
BY ENGINEER
Prepared By: C. Berard
R.C.E. Number: 45183
Expiration:
CARLA E. BERARE
No. 45183
SATE OF CALFORNN CIVIL
Place R.C.E. Stamp and Signature Here (required)
BY CITY
Faithful Performance Bond (100% of Construction Cost) 2,142,100.00 Labor & Material Bond (50% of Construction Cost) 1,071,100.00 Warranty Bond (10% of Construction Cost) 214,200.00
EngCostEstimate Page 11 of 11 Effective Date: January 1, 2021
6.3.e
DEVELOPMENT ENGINEERING DIVISION CONDITIONS OF APPROVAL TRACT MAP NO. 20446 (PL21-0045 MSA and PL21-0057)
DATE: July 25, 2022 PC MEETING DATE: September 19, 2022 PROJECT DESCRIPTION: 21.90 acre Master Site Approval for the future development of 114 SFR.
PROJECT LOCATION: 8340 Chino Corona Road
APPLICANT: Chino Preserve Development Corp PROJECT ENGINEER: Felicia Marshall
PRIOR TO THE FIVE MAJOR DEVELOPMENT EVENTS, THE APPLICANT SHALL SATISFY AND FULFILL ALL CONDITIONS OUTLINED BELOW. FAILURE TO COMPLY WITH ANY CONDITIONS OF
APPROVAL SHALL BE DEEMED JUST CAUSE FOR REVOCATION OF PROJECT APPROVAL BY THE PLANNING COMMISSION. HOWEVER, THE DIRECTOR OF DEVELOPMENT SERVICES SHALL HAVE
THE AUTHORITY TO APPROVE MINOR DEVIATIONS IN THE CONDITIONS OF APPROVAL, AND ALL PLANS INCLUDING THE CONSTRUCTION DRAWINGS.
COMPLY WITH ALL CONDITIONS OF APPROVAL FROM TENTATIVE TRACT MAP 16420 - (AMENDED) INCLUDING BUT NOT LIMITED TO CONSTRUCTION OF OFFSITE PUBLIC IMPROVEMENTS NEEDED TO SERVE THE PROJECT.
1.0 PRIOR TO MAP RECORDATION:
1.1 Provide a preliminary Title Report no older than 60 days.
1.2 Submit a preliminary soils report to the project engineer for review and approval in accordance with Attachment: Eng COA Block 3 - TTM 20446 PL21-0045 and PL21-0057 (PL21-0045 (MSA) and PL21-0057 (TTM 20446) - Block 3 The Preserve) Government Code, Section 66434.5.
1.3 Make the following dedications:
Street Name Distance Direction From C/L
Chino Corona Road 66 feet R/W 33 feet each side
Legacy Park Street 40 feet ½ width to the south
East Preserve Loop 83 feet R/W 40 feet to the west and 43 feet to the east
A through F, Street 60 feet R/W 30 feet each side
1.За 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.
1.30 Easements:
• 1 foot sidewalk easements at right-of-way radial corner returns.
1.4 Provide a set of proposed Covenants, Conditions and Restrictions (CC&R) for review and approval.
The proposed CC&Rs shall contain the Association's/Owner's maintenance obligations with respect to various facilities including, but not limited to, right-of-way landscaping, sidewalks, utilities, street 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.
Reviewed/Approved By: JP Date: _9/7/22
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TRACT MAP NO. 20446 2 July 25, 2022
1.5 Execute a Subdivision Agreement and submit security in an amount acceptable to the City Engineer to guarantee construction of the public improvements listed in 2.7. All security must be accessible to the City at any time and in a form acceptable to the Assistant City Manager, pursuant to Government Code, Section 66499.
1.6 Tract 16420 (amended) map will dedicate and require surety for portions of offsite improvements within the TTM 20446 area. Further, TTM 20446 is intended to be recorded in two phases. Each phase may be recorded independent of the other. Applicants for each phase must post surety related to improvements within each respective map phase.
1.7 Provide a Monumentation Bond in an amount specified in writing by a Registered Engineer or Licensed Land Surveyor of Record.
1.8 Submit an exhibit with a list of proposed street names for the interior streets to the Street Naming Committee for name(s) selection. Please provide one alternate street name for each street.
1.9 Comply with all applicable requirements of the City Municipal Code.
1.10 Existing pedestrian facilities on the frontage of the development, open to the public within the development, shall be evaluated for accessibility. The street frontage includes all adjacent pedestrian tacilities, 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 COA Block 3 - TTM 20446 PL21-0045 and PL21-0057 (PL21-0045 (MSA) and PL21-0057 (TTM 20446) - Block 3 The Preserve) regulations as a part of this project:
park/recreation play facilities
il. sidewalks/walks
ili. 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.
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 mprovements will be verified by City inspection staff upon completion of the projec iscrepancies between documented existing conditions and existing conditions a measured by City staff shall be remedied and brought up to accessibility standards as part of the project.
Eng
1.11 Pay all applicable fees pursuant to City Municipal Code including, but not limited to, plan check fees.
Attachment:
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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 BUILDING PERMITS FOR ANY LOT WITHIN THE SUBDIVISION/ PRIOR TO ISSUANCE OF CONSTRUCTION PERMITS:
2.1 Record Tract Map No.20446 pursuant to the Subdivision Map Act and in accordance with City Municipal Code. Provide a duplicate photo Mylar of the recorded map to the City Engineer's office.
2.2 All required plans and studies shall be prepared by a Registered Professional Engineer and submitted to the project engineer for review and approval. All project plans must be approved by the City Engineer's office before a Building Permit will be issued. All maps, studies, calculation sheets, reports, etc. must be on and/or folded in an 11-inch x 8 1/2-inch standard format.
2.3 Provide a parking plan with summary that is subject to review and approval by the City Traffic Engineer.
2.4 Prepare and submit a drainage study, including supporting hydraulic and hydrological data to the project engineer for approval. The study shall confirm or recommend changes to the City's adopted Master Drainage Plan by identifying off-site and on-site storm water runoff impacts resulting from build-out of permitted General Plan land uses. In addition, the study shall identify the project's contribution and shall provide locations and sizes of catchments and system connection points and all downstream drainage-mitigating measures.
2.5 Prepare and submit a final grading plan showing building footprints, pad elevations, finished grades, drainage routes, retaining walls, erosion control, slope easements and other pertinent information in accordance with Appendix J of the California Building Code, latest edition.
2.6 Provide a certificate, from a Registered Civil Engineer, certifying that the finished grading has been Attachment: Eng COA Block 3 - TTM 20446 PL21-0045 and PL21-0057 (PL21-0045 (MSA) and PL21-0057 (TTM 20446) - Block 3 The Preserve) 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.)
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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
5' both - 6' on 5' both
Sidewalk (Width) 10' on
sides east and sides south
5' on side
west side
Asphalt Concrete Pavement on Aggregate Base
(Width from Centerline). 16' 25 18' 18'
Asphalt Concrete Overlay
Street Lights X X X X
Median Island and Landscaping X
Parkway Landscaping X X X X
Striping and Traffic Controis X' X X X
Traffic Signal Interconnect
Conduit System for CATV X X
Sewer X X
Storm Drain? X
Domestic Water X2
Recycled Water X
Fire Hydrants as required by CVIFD X
X5 Attachment: Eng COA Block 3 - TTM 20446 PL21-0045 and PL21-0057 (PL21-0045 (MSA) and PL21-0057 (TTM 20446) - Block 3 The Preserve) 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 of the street. 8 Recycled water mains are not required in-tract, but the parkways within the tract must use recycled water.
2.8 All improvements shall comply with federal, state, and local accessibility regulations and standards.
The review or approval of plans and specifications by the City does not permit the violation of any section of the federal law, state law, building code, or local ordinance. Where accessibility standards are contradictory, the provision that provides the most accessible (restrictive) 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.
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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6.3.e
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 points) of connection and determine if there are any system deficiencies or needed improvements in order for the proposed development to be connected to the City's sanitary sewer collection system. The study shall be an amendment to update the latest Sewer Master Plan for the Subarea 2 (The Preserve) for the identified tributary areas in the master that are different from the proposed project site.
2.11 Pay all applicable fees pursuant to City Municipal Code including, but not limited to, the Development Impact Fees (DIF) and Sewage Facilities Development Fee (SFDF). The actual amount of fees due to the City will be based on the fee schedule in place on the date that the fees are due, or the date that they are paid, whichever occurs last. The fee amount stated in this notice is subject to change based on (1) annual adjustments for inflation, pursuant to Chino Municipal Code, Chapter 3.40.100 or 3.45.100, (2) revisions to the Chino Municipal Code, and (3) updates to the fee studies and nexus reports adopted by the City.
Developer is solely responsible for remaining informed about changes in the fee amounts. City shall have no obligation to inform Developer of changes in the fee amounts unless Developer requests notice of such changes, pursuant to Government Code Section 66019(b) and Chino Municipal Code Chapter 3.40.080(B) or 3.45.080(B).
2.12 All projects developing one (1) acre or more of total land area, or which are part of a larger phased development that will disturb one acre of land, are required to obtain coverage under the State Water Resources Control Board's (SWRCB) General Permit for storm water discharges associated with construction activity. Proof of filing a Notice of Intent (NOI) with the SWRCB for coverage under this permit is required. A copy of the Waste Discharger's Identification Number (WDID), issued by the SWRCB, must be submitted to the Project Engineer prior to issuance of grading permits. More detailed information regarding this General Permit, applicable fee information and Attachment: Eng COA Block 3 - TTM 20446 PL21-0045 and PL21-0057 (PL21-0045 (MSA) and PL21-0057 (TTM 20446) - Block 3 The Preserve) the necessary forms to complete the NOI are available by calling (916) 341-5537 or on the SWRCB web site at http://www.swrcb.ca.gov/water_issues/programs/stormwater/constpermits.shtml
2.13 Pursuant to Santa Ana Regional Water Quality Control Board Order Number R8-2010-0036, NPDES Permit No. CAS618036, prepare a project-specific Water Quality Management Plan (WQMP) and submit to the project engineer for review and approval. To address NPDES Permit requirements to the maximum extent practicable, the project shall be designed to specify preferential use of Low Impact Development Best Management Practices that reduce pollutants and runoff volume through structural measures (e.g. infiltration, harvesting, and bio-treatment) and non-structural measures (e.g. preserving natural areas, clustering development, and reducing impervious areas). The WQMP shall conform to the requirements of the San Bernardino County
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
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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TRACT MAP NO. 20446 6 July 25, 2022
2.17 All public street corners shall have a minimum curb radii per City Municipal Code, Chapter 19.06 and City Standards and Specifications.
2.18 Provide adequate sight distance (per City Standard No. 865) for each project driveway and at all intersections. Landscaping type and height shall be maintained to ensure sight distance requirements are perpetuated.
2.19 Submit to the City electronic files, in Adobe Acrobat PDF format, of all submittals, including reports, studies, improvement plans and City redlines of previous submittals.
2.20 Comply with all requirements of the Traffic Impact Analysis (TIA) dated July 5, 2022 including construction of required improvements and mitigation measures as shown on the Mitigation Monitoring and Reporting Program, to mitigate impacts.
3.0 PRIOR TO REQUEST AND RELEASE OF ANY OCCUPANCY PERMITS:
3.1 Construct and secure Development Services Department approval of all public facilities enumerated under Section 2.7 above (per Resolution No. 88-23).
3.2 The applicant's Civil Engineer shall field verify that all BMPs are designed, constructed, and functional in accordance with the approved WQMP. BMPs shall also be inspected by Public Works Environmental staff. Coordinate inspection with staff and submit a completed City of Chino BMP field verification form for review and approval
3.3 Pay all remaining applicable fees pursuant to City Municipal Code.
4.0 PRIOR TO FINAL ACCEPTANCE/PROJECT CLOSEOUT:
4.1 Complete all Conditions of Approval listed under Sections 1-3 above. Attachment: Eng COA Block 3 - TTM 20446 PL21-0045 and PL21-0057 (PL21-0045 (MSA) and PL21-0057 (TTM 20446) - Block 3 The Preserve)
4.2 Slurry seal along all streets impacted by the development as directed by City staff. Install signing and striping per approved plans.
4.3 Submit to the City a letter from the surveyor indicating monuments required for the map have been set and they have been fully paid for their services.
4.4 Submit to the City, electronic files of Tract/Parcel Map and "as-built" improvement plans in AUTOCAD, Ersi GIS shape and Adobe Acrobat PDF formats. AUTOCAD files shall be submitted as an etransmitted zip file of the CAD drawings with all base files attached. Scanned resolution of PDF shall be a minimum of 360 dpi.
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6.3.e
TRACT MAP NO. 20446 7 July 25, 2022
5.0 PINE AVENUE PUBLIC IMPROVEMENTS
5.1 The City shall design and the Developer shall construct per City Standards the following required improvements on Pine Avenue between Euclid and Mayhew Avenues to the satisfaction of the City Engineer. Applicant shall receive Development Impact Fee (DIF) credit for the construction of improvements identified in the City's latest DIF Nexus Study and any agreed to interim improvements:
a. Widen Pine Avenue to provide two westbound lanes, a two-way left turn lane, and two eastbound lane. Provide two westbound left turn lanes and two northbound right turn lanes at the Euclid Avenue 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.
5.1.a 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 Attachment: Eng COA Block 3 - TTM 20446 PL21-0045 and PL21-0057 (PL21-0045 (MSA) and PL21-0057 (TTM 20446) - Block 3 The Preserve) 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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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.
PROJECT ENGINEER: Felicia Marshall
DATE: 7/19/2022
A COPY OF THIS CHECK LIST MUST BE SUBMITTED WITH THE FIRST PLAN CHECK 1 Copy of Development Engineering Division Conditions of Approval 2 Sets of Maps (Subdivision Only)
2 Copies of preliminary Title Report (no older than six months) (Subdivision Only) 2 Copies of Closure Calculations (Subdivision Only)
1 Set of Referenced Maps (Subdivision Only)
2 Copies of Preliminary Soils Report (no older than sixty days) 2 Copies of lot line adjustment certificate
2 Copies of lot merger
L 2 Copies of right-of-way dedication
4 Sets of Rough Grading Plans
Sets of Precise Grading Plans Attachment: Eng COA Block 3 - TTM 20446 PL21-0045 and PL21-0057 (PL21-0045 (MSA) and PL21-0057 (TTM 20446) - Block 3 The Preserve) 4 Sets of Storm Drain Plans
2 Copies of Hydrology and Hydraulic Calculations with Backup Data (Signed and Sealed by a Registered Civil Engineer)
X 2 Copies of Engineering Cost Estimate (On City Forms) with Engineer's Wet Signature and Stamp 3 Sets of Street Improvements Plans
3 Copies of Cross-Sections (if street plans are required) at 50' intervals and extended a minimum of 100' beyond limits of improvements
2 Sets of Sewer Plans
3 Sets of Domestic Water Plans
2 Sets of Recycled Water Plans
Sets of Street Light Plans including a Photometric Diagram 2 Copies of Voltage Drop Calculations (Signed and Sealed by a Registered Engineer) 2 Sets of Signing and Striping Plans
• 1 Sets of Traffic Signal Interconnect Plans
2 Sets of Traffic Signal Plans
1 Water Quality Management Plan
1 Rev. 9/7/2222 Packet Pg. 92
EXHIBIT "C"
TRACT MAP NO. 20446
CHINO PRESERVE DEVELOPMENT CORPORATION
ENVIRONMENTAL WARRANTY
As a condition precedent to acceptance of the dedications and public improvements to be conveyed by the above-named Subdivider to the City of Chino for the above-referenced Subdivision, Subdivider hereby warrants to the City of Chino that:
1. Neither the property to be dedicated nor Subdivider are in violation of any environmental law, and neither the property to be dedicated nor the Subdivider are subject to any existing, pending or threatened investigation by any federal, state or local governmental authority under or in connection with the environmental laws relating to the property to be dedicated.
2. Neither Subdivider nor any other person with Subdivider's permission to be upon the property to be dedicated has used, generated, manufactured, produced, or released, on, under, or about the property to be dedicated, any Hazardous Substance except in compliance with all applicable environmental laws. For the purposes of this warranty, the term "Hazardous Substances" shall mean any substance or material which is capable of posing a risk of injury to health, safety or property, including all those materials and substances designated as hazardous or toxic by any federal, state or local law, ordinance, rule, regulation or policy, including but not limited to, all of those materials and substances defined as "Toxic Materials" in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30 in effect as of the date of this Warranty and/or the date of the completion of the public improvements, or any other materials requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies in effect as of the date of this Warranty and/or the date of the completion of the public improvements.
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 signatories hereto have the legal power, right and authority to execute this warranty on behalf of the Subdivider and that the signatories hereto have sufficient knowledge or expertise, either personally, through reasonable inspection and investigation of the property, or through reasonable 01225.0006/366470.2 C-1
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 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: janary 25, 2024
CHINO PRESERVE DEVELOPMENT CORPORATION*
By: father
*Proof of authorization for Subdivider's signatures is required to be submitted concurrently with this environmental warranty.
01225.0006/366470.2 C-2
Executed in Triplicate
Premium: $8,568.00/Annually
Bond No.: 024268408
Contract No.:
Approved:
FAITHFUL PERFORMANCE BOND
Tract Map No. 20446
WHEREAS, the City Council of the City of Chino, State of California, hereinafter designated as "CITY" and Chino Preserve Development Corporation hereinafter designated as "PRINCIPAL," have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated February 6, 2024 and identified as Project No. IM 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 The Ohio Casualty Insurance Company surety, are held and firmly bound unto the City of Chino in the penal sum of Two Million One Hundred Forty Two Thousand One Hundred 00/100 - Dollars ($2,142,100.00 . 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 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.
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 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 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 January 19, 2024.
CHINO PRESERVE DEVELOPMENT CORPORATION,
a California Corporation The Ohio Casualty Insurance Company
PRINCIPAL SURETY
Vito
By: By:
Bryan goodman, Authorized Agent Varto, Autorney-M-fact
SIGNATURES MUST BE NOTARIZED
Rev. 04/2019) Page 1 of 1
This Power of Attorney limits the acts of those named hereln, and they have no authority to bind the Company except in the manner and to the extent herein stated.
Liberty
Liberty Mutual Insurance Company
Mutual. The Ohio Casualty Insurance Company Certificate No: 8206229-000001 West American Insurance Company
SURETY
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Alex Sanchez, Ana Lucia Torres Villafana, Antonio Alvarado, Becky Gomez, Brett D. Asmus, Brian Ngare, Emeralda Ureno, Gerald Schumacher, Jane E. Block, Jennifer Pham Salling, Jenny T. Nguyen, Jessica Garcia, Jim Hume, Kevin Vong, Lupe Villarreal, M. Cerda, M. Jacobson, Maria G. Rodrigucz-Wong, Maricela Lares, Michael.
J. Forman, Michael Stein, Rajan Patel, Sandra Gaytan, Steven C. White, Ted Lee, Victor A. Ballesteros, Vu Ho all of the city of Orange state of each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.
IN WITNESS WHEREOF, this Power of Attomey has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 1st day of September 2021
Liberty Mutual Insurance Company
SAL INSURA INSU INSURA The Chio Casualty Insurance Company CORPORATE CASUALTY EORPORATES CORPORATE West American Insurance Company 1912 1919 1991
122381 ANTINOD NOT HAMPT ANTINOD Hail? Cans
INDIANA
THI -SEM By:
David M. Carey, Assistant Secretary
State of PENNSYLVANIA
ss
County of MONTGOMERY verification inquiries,
On this 1st day ofSeptember 2021 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written.
POA
currency rate, interest rate or residual value guarantees. PASTELLA Commonwealth of Pennsylvania - Notary Sea Teresa Pastella, Notary Public
Montgomery County teresa tastella please call 610-832-8240 or email [email protected].
Not valid for mortgage, note, loan, letter of credit, My commission expires March 28, 2025 By:
Commission number 1126044
Member, Pennsylvania Association of Notaries Teresa Pastella, Notary Public Power of Attorney This Power of Attomey is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
ARTICLE IV - OFFICERS: Section 12. Power of Attomey.
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the and/or | President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shal have full power to bind the Corporation by their signature and execution of any such instruments and to attach therefo the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the For bond provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach therefo the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary.
Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.
Authorization -By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed.
1, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attomey executed by said Companies, is in full force and effect and has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this _ dayor January 2024.
CORPORATE INSURANCE CASUALTY INSURANCE ERICAN
CORPORATE
1912 191 9 1991 Rei (eles
SSACHUBE By:
INDIANA, Renee C. Llewellyn, Assistant Secretary
1S3M* ANVa
LMS-12873 LMIC OCIC WAIC Multi Co 02/21
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.
State of California )
County of Orange )
01/19/2004 Khoi Tran, Notary Public
On before me, -
Date Here Insert Name and Title of the Officer
personally appeared Vu Quy Ho aka Vu Ho
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are 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.
KHOI TRAN Khos
Commission #2358181 Signature _
Notary Public - California Signature of Notary Public
Orange County
My Comm. Expires MAY 19, 2025
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:
Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Vu Quy Ho aka Vu Ho Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - • Limited • General • Individual X Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer Is Representing: The Ohio Casualty Insurance Company Signer Is Representing:
©2015 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 notary public or other officer completing this certificate verifies only the identity of the individual who signed th ocument to which this certificate is attached, and not the truthfulness, accuracy, or validity of that documen State of California )
County of San Bernardino )
On January 23,2024 before me, Lacie Vick, Notary
Date Here Insert Name and Title of the Officer
personally appeared Bryan Goodman
Name(s) of Signers)
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 LACIE VICK is true and correct.
Notary Public - California
San Bernardino County WITNESS my hand and official seal.
Commission # 2421003
My Comm. Expires Oct 13, 2026
Signature _
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: Bond 024268408
Document Date: 02/06/2024 Number of Pages: 3
Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - C Limited • General • Partner - • Limited • General • Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: Authorized Agent • Other:
Signer Is Representing: Signer Is Representing:
©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Executed in Triplicate
Premium: Included in Performance Bond
Bond No.: 024268408
Contract No.:
Approved:
LABOR AND MATERIAL BOND
Tract Map No. 20446
WHEREAS, the City Council of the City of Chino, State of California, hereinafter designated as "CITY" and SPin Preserv Developed Can ratient Whereby Principal agrees to instal and complete destina designata Chino Preserve Development Corporation designated public improvements, which said agreement, dated February 6, 2024 and identified Project No. TM 20446. - is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, Principal is required, before entering upon the performance of the work, to file 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 of the Civil Code of the State of Californía.
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, 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 One Million Seventy-One Thousand One Hundred 00/00 Dollars ($1,071,100.00 ) 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 Should the condition of this bond be fully performed, 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 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.
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named, on January 19,2024
CHINO PRESERVE DEVELOPMENT CORPORATION,
a California Corporation The Ohio Casualty Insurance Company
PRINCIPAL SURETY
By: By:
oodman, Authorized Agent Vu Ho, Attorney-in-faci
SIGNATURE(S) MUST BE NOTARIZED
Rev. 04/2019) Page 1 of 1
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
Liberty Liberty Mutual Insurance Company
Mutuál. The Ohio Casualty Insurance Company Certificate No: 8206229-000001 West American Insurance Company
SURETY
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organizer under the laws of the state of Indiana (herein collectively called the Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Ale:
Sanchez, Ana Lucia Torres Villafana, Antonio Alvarado, Becky Gomez, Brett D. Asmus, Brian Ngare, Esmeralda Ureno, Gerald Schumacher, Jane E. Block, Jennifer Pham Salling, Jenny T. Nguyen, Jessica Garcia, Jim Hume, Kevin Vong, Lupe Villarreal, M. Cerda, M. Jacobson, Maria G. Rodrigucz-Wong, Maricela Lares, Michael J. Forman, Michael Stein, Rajan Patel, Sandra Gaytan, Steven C. White, Ted Lee, Victor A. Ballesteros, Vu Ho all of the city of Orange state of CA _ each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.
IN WITNESS WHEREOF, this Power of Altomey has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this Ist day of September_2021
Liberty Mutual insurance Company
SAL The Ohio Casualty Insurance Company
CORPORARED „CORPORATED I CORPORATE West American Insurance Company 1912 1919 1991
OHIO
INDIANA
guarantees. KRAM By:
David M. Carey, Assistant Secretary
State of PENNSYLVANIA
SS verification inquiries,
County of MONTGOMERY
On this 1st day of September 2021 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written.
TERESA Commonwealth of Pennsylvania - Notary Seal
Teresa Pastella, Nolary Public
Montgomery County teresa Pastella please call 610-832-8240 or email [email protected].
Not valid for mortgage, note, loan, letter of credit, My commission expires March 28, 2025 By:
Commission number 1126044
currency rate, interest rate or residual value Member, Pennsylvania Association of Notaries Teresa Pastella, Notary Public
NOTARY FUELY
This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
For bond and/or Power of Attorney
ARTICLE IV - OFFICERS: Section 12, Power of Attorney.
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
ARTICLE XIll - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and olher surety obligations. Such attorneys-in-fact subject to the limifations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary.
Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.
Authorization -By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed.
1, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attomey executed by said Companies, is in full force and effect and has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 19 day of Jansary 2024.
INSURAN INSURANCE
•CORPORATE CORPORATE
1912 1919 1991 Ravi (el
By:
NUdi INDIANA
{SEM Renee C. Llewellyn, Assistant Secretary
LMS-12873 LMIC OCIC WAIC Mutti Co 02/21
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.
State of California
County of Orange
01/19/2024 Khoi Tran, Notary Public
On before me,
Date Here Insert Name and Title of the Officer
personally appeared Vu Quy Ho aka Vu Ho
Name(s) of Signer(s)
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
KHOI TRAN WITNESS my hand and official seal.
Commission # 2358181
Notary Public - California Khoi
Orange County Signature
My Comm. Expires MAY 19, 2025
Signature of Notary Public
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:
Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Vu Quy Ho aka Vu Ho Signer's Name:
• Corporate Officer - Title(s): . • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - • Limited • General • Individual * Attorney in Fact • individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer Is Representing: The Ohio Casualty Insurance Company Signer Is Representing:
©2015 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
XXXXXXXXX
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 San Bernardino
On January 23,2024 before me, Lacie Vick, Notary
Date Here Insert Name and Title of the Officer
personally appeared Bryan Goodman
Name(s) of Signer(s)
ho proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ar ubscribed to the within instrument and acknowledged to me that he/she/they executed the same i 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 LACIE VICK is true and correct.
Notary Public - California NNA
San Bernardino County WITNESS my hand and official seal.
Commission # 2421003
My Comm. Expires Oct 13, 2026
Signature
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: Bond 024268408
Document Date: 02/06/2024 Number of Pages: 3
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
= Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - • Limited • General • Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: Authorized Agent • Other:
Signer Is Representing: Signer Is Representing: _
©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Executed in Triplicate
Premium: Included in Performance Bond
Bond No.: 024268408
Contract No.:
Approved:
WARRANTY BOND
Tract Map No. 20446
WHEREAS, the City Council of the City of Chino, State of California, hereinafter designated as "CITY" and _Chino Preserve Development Corporation
"PRINCIPAL," 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 February 6. 2024 -, and identified as Project No. IM 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 warranty of said improvements.
NOW, THEREFORE, we, the Principal, and The Ohio Casualty Insurance Company, as surety, are held and firmly bound unto the City of Chino in the penal sum of Two Hundred Fourteen Thousand Two Hundred 00/100 _ Dollars ($214,200.00. → 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 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 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 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.
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.
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 January 19, 2024
CHINO PRESERVE DEVELOPMENT CORPORATION,
a California Corporation The Ohio Casualty Insurance Company PRINCIPAL SURĘTY
By: By:
dman, Authorized Agent Vu Ho, Attorney-in-fact
SIGNATURE(S) MUST BE NOTARIZED
Rev. 04/2019) Page 1 of 1
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
Liberty Liberty Mutual Insurance Company
Mutual. The Ohio Casualty Insurance Company Certificate No: 8206229-000001 West American Insurance Company
SURETY
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That The Onio Casually Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of indiana (herein collectively called the "Companies"), pursuant to and by authority herein set fort, does hereby name, constitute and appoint, Alex Sanchez, Ana Lucia Torres Villafana, Antonio Alvarado, Becky Gomez, Brett D. Asmus, Brian Ngare, Esmeralda Ureno, Gerald Schumacher, Jane E. Block, Jennifer Pham Saling, Jenny T. Nguyen, Jessica Garcia, Jim Hume, Kevin Vong, Lupe Villarreal, M. Cerda, M. Jacobson, Maria G. Rodriguez-Wong, Maricela Lares, Michael J. Forman, Michael Stein, Rajan Patel, Sandra Gaytan, Steven C. White, Ted Lee, Victor A. Ballesteros, Vu Ho all of the city of state of each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.
IN WITNESS WHEREOF, this Power of Attomey has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this Ist day of September 2021
Liberty Mutual Insurance Company
VAL The Ohio Casualty Insurance Company
КОВРОВАТВ CASUALTY CORPORATED INSURANCE •CORPORATE West American Insurance Company 1912 1919 1991
1483811 OHIO Hail any,
KAMI INDIANA
ДАНЯ By:
David M. Carey, Assistant Secretary
State of PENNSYLVANIA
sS verification inquiries,
County of MONTGOMERY
On this 1st day of September 2021 _ before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. interest rate or residual value guarantees. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. (POA) PASTEL
Commonwealth of Pennsylvania - Notary Seal
Teresa Pastella, Notary Public
Montgomery County Pereas Pastella please call 610-832-8240 or email [email protected].
My commission expires March 28, 2025
Not valid for mortgage, note, loan, letter of credit,
Commission number 1126044
Member, Pennsylvania Associstion of Notaries Teresa Pastella, Notary Public
HORUS FURY
This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
For bond and/or Power of Attornev
ARTICLE IV - OFFICERS: Section 12. Power of Attomey.
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the currency rate, President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
ARTICLE XIll - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety oiligations. Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have fulf power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary.
Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.
Authorization -By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company wit the same force. and effect as though manually affixed.
1, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Chio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect anc has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 19 _ day or Tanuary: 2024 INSURA
ERICAN CORPORATE
1912 1919 1991 Ravi (eves
By:
INDIANA Renee C. Llewellyn, Assistant Secretary
LMS-12873 LMIC OCIC WAIC Mult Co 02/21
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.
State of California
County of Orange
01/19/2024 Khoi Tran, Notary Public
On — before me,
Date Here Insert Name and Title of the Officer
personally appeared Vu Quy Ho aka Vu Ho
Name(s) of Signers)
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.
KHOI TRAN
Commission # 2358181
Notary Public - California Khoi Ser
Orange County Signature
My Comm. Expires MAY 19, 2025 Signature of Notary Public 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:
Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Vu Quy Ho aka Vu Ho Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - • Limited • General • Individual X Attorney in Fact • individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer Is Representing: The Ohio Casualty insurance Company Signer Is Representing:
©2015 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
XXXXXXXX
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 San Bernardino
On January 23,2024 before me, Lacie Vick, Notary
Date Here Insert Name and Title of the Officer
personally appeared Bryan Goodman
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 is/her/their authorized capacity(les), 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 LACIE VICK is true and correct.
Notary Public - California
San Bernardino County WITNESS my hand and official seal.
Commission # 2421003
My Comm. Expires Oct 13, 2026
Signature
Signature of Notary Publ
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: Bond 024268408
Document Date: 02/06/2024 Number of Pages: 3
Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner : • Limited • General • Partner - • Limited • General • Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: Authorized Agent • Other:
Signer Is Representing: Signer Is Representing:
©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Liberty BOND NO. 024268409
Mutuál® $100.00 premium is for a
SURETY term of One (1) year(s).
MONUMENTATION BOND
FOR SUBDIVISIONS
KNOW ALL MEN BY THESE PRESENTS, THAT WHEREAS, Chino Preserve Development Corporation hereinafter called SUBDIVIDER, is the developer of that certain subdivision known as TPAC - Block 3 - In Tract Improvements 20446
and WHEREAS, all monuments have not yet been set in the positions noted in the proposed Final Subdivision Map for said subdivision,
NOW, THEREFORE, we the subdivider as Principal, and the The Ohio Casualty Insurance Company 175 Berkeley Street, Boston, Massachusetts 02116
(Legal Title and Address of Surety)
as Surety, are held and firmly bound unto the City of Chino in the sum of Eight Thousand Three Hundred Eighty-five
Dollars And Zero Cents , $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, executors, administrators, successors, or assigns, or any or all or either of them, shall fail to pay any engineer or surveyor for the setting monuments in the positions noted in the proposed Final Subdivision Map for said subdivision in accordance with the provisions of Government Code Sec. 66495 et. seq., then said Surety will pay the same in an amount not exceeding the amount hereinabove set forth.
IT IS HEREBY EXPRESSLY STIPULATED AND AGREED that this Bond shall insure to the benefit of any and all persons, companies, and corporations entitled to file claims against it, pursuant to Government Code Sec. 66497.
Should the condition of this Bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
And the said Surety; for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or Contract, or to the work to be performed thereunder, shall in any way affect its obligations on the Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or Contract.
IN WITNESS WHEREOF this Instrument has been duly executed by the Principal and Surety above named on January , 2024
Principal Surety
Chino Preserve Development Corporation The Ohio Casualty Insurance Company
INSURANCE
Bryan Goodman Authorized Agent By: 1919
Vitt
Yu Ho, Attorney-In-Fact
Liberty Mutual Surety Claims • PO Box 34526, Seattle, Seattle, WA 98124 • Phone: 206-473-6210 • Fax: 866-548-6873 Email: [email protected] • www.LibertyMutualSuretyClaims.com ID-1416 (CA) (5/19)
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
Liberty Liberty Mutual Insurance Company
Mutuál. The Ohio Casualty Insurance Company Certificate No: 8206229-000001 West American Insurance Company
SURETY
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Alex Sanchez, Ana Lucia Torres Villafana, Antonio Alvarado, Becky Gomez, Brett D. Asmus, Brian Ngare, Esmeralda Ureno, Gerald Schumacher, Jane E. Block, Jennifer Pham Salling, Jenny T. Nguyen, Jessica Garcia, Jim Hume, Kevin Vong, Lupe Villarreal, M. Cerda, M. Jacobson, Maria G. Rodriguez-Wong, Maricela Lares, Michael J. Forman, Michael Stein, Rajan Patel, Sandra Gaytan, Steven C. White, Ted Lee, Victor A. Ballesteros, Vu Ho all of the city of Orange state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.
IN WITNESS WHEREOF, this Power of Attomey has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 1st day of September _ 2021
Liberty Mutual Insurance Company
INSURANCE INSURANCE The Ohio Casualty Insurance Company MUTUAL •CORPORATEL CASU «СОБРОАТ INSURANCE RICAN CORPORATES West American Insurance Company 1912 1919 1991
ANYANOR OHIO Hail any
ANTON NUdi INDIANA
KRAM By:
David M. Carey, Assistant Secretary
State of PENNSYLVANIA
County of MONTGOMERY SS verification inquiries
On this 1st day of September:_ 2021 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written.
TERESA PASTELL Commonwealth of Pennsylvania - Notary Seal currency rate, interest rate or residual value guarantees. Teresa Pastella, Notary Public Montgomery County Pastella please call 610-832-8240 or email [email protected].
Not valid for mortgage, note, loan, letter of credit, My commission expires March 28, 2025 By:
Commission number 1126044
NOTARY PUBLI Member, Pennsylvania Association of Notaries Teresa Pastella, Notary Public This Power of Attomey is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual For bond and/or Power of Attorney (POA) Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
ARTICLE IV - OFFICERS: Section 12. Power of Attomey.
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their respective powers of atforney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary.
Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as suety any and all undertakings, bonds, recognizances and other surety obligations.
authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of th company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company wit the same force and effect as though manually affixed.
1, Renee C. Lewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby cetty that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorey executed by said Companies, is in full force and effect and has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 19 _ dayor Janung. 2024.
NSURA
CORPORATE CASUALTY INSURANCE ERICAN CORPORATE
1912 1919 1991 Pai calen
MASSACHUSE LET HAMPEREA By Renee C. Levelyn, Astart Secredary INDIAN
LMS-12873 LMIC OCIC WAIC Muiti Co 02/21
::
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.
State of California
County of Orange
01/15/2024 before me, _ Khoi Tran, Notary Public
On
Date Here Insert Name and Title of the Officer
personally appeared Vu Quy Ho aka Vu Ho
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 nis/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 hand and official seal.
I TRAN
Commission # 2358181
Notary Public - California Khoi
Orange County Signature
My Comm. Expires MAY 19, 2025 Signature of Notary Public 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:
Signers) Other Than Named Above:
Capacity(ies) Claimed by Signers)
Signer's Name: Vu Quy Ho aka Vu Ho Signer's Name:
• Corporate Officer — Title(s): • Corporate Officer - Title(s): _ • Partner - • Limited • General • Partner - • Limited • General • Individual X Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other:
Signer Is Representing: The Ohio Casualty Insurance Company Signer Is Representing: - ©2015 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 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.
State of California
County of San Bernardino
On January 23,2024 before me, Lacie Vick, Notary
Date Here Insert Name and Title of the Officer
personally appeared Bryan Goodman
Name(s) of Signers)
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 LACIE VICK is true and correct.
Notary Public - California
San Bernardino County WITNESS my hand and official seal.
Commission # 2421003
My Comm. Expires Oct 13, 2026
Signature ...
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: Bond 024268409
Document Date: 02/06/2024 _ Number of Pages: 3
Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - • Limited • General • Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: Authorized Agent • Other:
Signer Is Representing: Signer Is Representing:
©2016 National Notary Association • www.NationalNotary.org • 1-800-ÜS NOTARY (1-800-876-6827) Item #5907