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

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

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

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

CHINO CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY, JULY 1, 2025

REGULAR MEETING
AGENDA
CLOSED SESSION – 4:30 PM
OPEN SESSION – 6:00 PM
_________________________________________________________________________________

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

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

CLOSED SESSION

1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9 Number of Potential Cases: One

2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Pursuant to Government Code 54956.8
Property: 15180 Euclid Avenue, Chino; Agency Negotiator: Linda Reich, City Manager or her designee; Negotiating Parties: State of California; Under Negotiation: Price and Terms of Potential Acquisition
1 CHINO CITY COUNCIL
JULY 1, 2025 2

3. CONFERENCE WITH LABOR NEGOTIATOR Pursuant to Government Code Section 54957.6 Agency Negotiator: Terry Doyle, Director of Human Resources/Risk Management Employee Organizations: Chino City Hall Confidential Employee Association; Chino Police Management Association (CPMA); Chino Police Officers Association (CPOA); Chino Police Professional Employees Association (CPPEA); Teamsters Local 1932 Professional, Technical and Clerical Unit; American Federation of State, County, and Municipal Employees (AFSCME District Council 36 - Local 3183); Unrepresented Management Sworn and Professional; Executive Management and Deputy Directors; and Part-time Employees

FLAG SALUTE

CEREMONIALS
Proclamations
Park and Recreation Month - Proclaim July 2025 as Park and Recreation Month.

Presentations
Business of the Month - Award of Business of the Month for June 2025 to Accredited Tax Inc.

REPORT OUT OF CLOSED SESSION

AGENDA ADDITIONS/REVISIONS

INFORMATION
Presentation from San Bernardino Transportation Authority (SBCTA) - Presentation from Otis Greer, Director of Legislative & Public Affairs, SBCTA, on the role Measure I plays in funding transportation projects countywide and its impact on transportation improvements in the City of Chino.

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

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

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

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

1. Warrants. Approve expenses as audited and within budget for warrants 776010 to 776256, and Electronic Fund Transfers 524512E to 524617E, totaling $5,911,768.12 2 CHINO CITY COUNCIL
JULY 1, 2025 3

2. Minutes. Regular Meeting Minutes for June 17, 2025 (all members present).

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

4. Amendment No. 6 to the Chino Desalter Authority (CDA) Joint Exercise of Powers Agreement.

Adopt Resolution 2025-036, approving Amendment No. 6 to the CDA Joint Exercise of Powers Agreement, revising Section 2.6 - Stipends for Board of Directors and Alternates and authorize the City Manager to execute any documents on behalf of the City.

5. Adoption of Ordinance No. 2025 -003 (Second Reading ), Amending Title 20 (Zoning) of the Chino Municipal Code. Approve adoption of Ordinance No. 2025 -003, amending Title 20 (Zoning), consisting of modifications and additions to Chapter 20.06 (Commercial Land Uses), Chapter 20.07 (Industrial Land Uses ), Chapter 20.23 (Administration), and Chapter 20.24 (Glossary).

ORDINANCE NO. 2025-003 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING SELECTED PROVISIONS OF THE ZONING CODE (TITLE 20 OF THE MUNICIPAL CODE) OF THE CITY OF CHINO. PL 25-0031 (ZONE ORDINANCE

AMENDMENT)

6. Award Professional Services Agreement for Building Plan Check Services. Award a Professional Services Agreement to Building Code Services, Inc. (BCS ), Irvine, CA, at a fixed rate of $85 per hour for all disciplines for building plan check and related services for a term not to exceed five years.

7. Annual Contract Renewals and Blanket Purchase Orders. Authorize the annual contract amendments or renewals, issue blanket purchase orders, and authorize the City Manager to execute all necessary documents on behalf of the City.

8. Amendment to Subdivision Improvement Agreement for Tract Map No. 20161 in The Preserve.

Approve an amendment to the Subdivision Improvement Agreement with Chino Preserve Development Corporation, for Tract Map No. 20161 to incorporate provisions for compliance with the City's existing Fill Dirt Agreement with OC Flood Control District.

9. Amend Measure I Five -Year Capital Improvement Plan for Fiscal Year 2024 -25 through Fiscal Year 2028-29. Adopt Resolution No. 2025 -037 to amend Resolution No. 2024 -038 revising the Measure I Capital Improvement Plan for Fiscal Years 2024-25 through Fiscal Year 2028-29.

10. Adopt Measure I Five-Year Capital Improvement Plan and Expenditure Strategy for Fiscal Year 2025-26 through Fiscal Year 2029-30. Adopt Resolution No. 2025 -038, approving the Measure I Local Pass-Through Funds Five-Year Capital Improvement Plan and Expenditure Strategy for Fiscal Year 2025-26 through Fiscal Year 2029-30.

11. Professional Services Agreement - Merchants Landscape Services, Inc., for Landscape Maintenance Services for City Parkways. Award a Professional Services Agreement to Merchants Landscape Services, Inc., Rancho Cucamonga, CA, for $110,000 for Landscape Maintenance Services for the City's Parkways.

NEW BUSINESS

12. Amendment to Chapter 3.32.130 Approval Authority of the Chino Municipal Code. Approve the introduction of Ordinance No. 2025 -004 Amendment to Chapter 3.32.130 - Approval Authority of the Chino Municipal Code.

Staff Report By: Fred Galante, City Attorney
3 CHINO CITY COUNCIL
JULY 1, 2025 4
RECOMMENDATION: Approve the introduction of Ordinance No. 2025 -004 amending the City’s purchasing procedures, to authorize the City Manager to approve vehicle purchases, to be read by number and title only, and waiving further reading of the Ordinance.

ORDINANCE NO. 2025-004 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

CHINO AMENDING PROVISIONS OF THE CHINO MUNICIPAL CODE, AMENDING CHAPTER

3.32 RELATING TO THE CITY'S PURCHASING SYSTEM FOR APPROVAL AUTHORITY

13. Accept the Highway Safety Improvement Program (HSIP) Cycle 12 funding from the California Department of Transportation (Caltrans) and establish Capital Improvement Project (CIP) TR262 - Central Avenue Traffic Signal Safety Improvements Project. Accept the HSIP Cycle 12 funding for $225,450 from Caltrans and approve the establishment of a new CIP project entitled “Central Avenue Traffic Signal Safety Improvements" (TR262) with a total budget of $250,500.

Staff Report By: Dennis Ralls, City Traffic Engineer
RECOMMENDATION: 1) Accept and appropriate $225,450 in Highway Safety Improvement Program (HSIP) Cycle 12 State Funding Grant from the California Department of Transportation (Caltrans) and increase the corresponding grant revenue in Fund 326 for FY 2025-26; 2) establish grant number G7262 and a new CIP project TR262 titled “Central Avenue Traffic Signal Safety Improvements;” 3) appropriate $25,050 from Measure I Funding 322 as the 10% local match; and 5) authorize the City Manager to execute all necessary documents on behalf of the City.

14. Animal Resource Center of the Inland Empire - FY 2024 -25 Fund Allocation. Approve the retroactive appropriation for FY 2024 -25 of $2,502,554 to the General Fund for operations and capital costs to the Animal Resource Center of the Inland Empire.

Staff Report By: Jackie Melendez, Assistant City Manager RECOMMENDATION: Approve a retroactive appropriation of $2,502,554 to the General Fund for operational and capital costs associated with the Animal Resource Center of the Inland Empire for FY 2024 -25 and authorized the City Manager to execute all necessary documents on behalf of the City.

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

Mayor Ulloa

15. Community Services, Parks & Recreation Commission Appointments. Approve appointments to the Community Services, Parks & Recreation Commission.

Staff Report By: Mayor Ulloa
RECOMMENDATION: Approve the re -appointment of Commissioners Neal Jerry and Linda Takeuchi and the appointment of Carl Cooper to the Community Services, Parks & Recreation Commission.

Mayor Pro Tem Burton

16. Community Support Fund - Mayor Pro Tem Burton. Approve community support fund contributions to Rebel Ranch and Chino Valley YMCA.

Staff Report By: Mayor Pro Tem Burton
4 CHINO CITY COUNCIL
JULY 1, 2025 5
RECOMMENDATION: Approve community support fund contributions of $500 to Rebel Ranch and $250 to the Chino Valley YMCA.

Council Member Comstock

17. Community Support Fund - Council Member Comstock. Approve community support fund contributions to Chino Valley Soroptimist and Rebel Ranch.

Staff Report By: Council Member Comstock
RECOMMENDATION: Approve community support fund contributions of $100 to Chino Valley Soroptimist and $250 to Rebel Ranch.

Council Member Flores

18. Community Support Fund - Council Member Flores. Approve a community support fund contribution to Rebel Ranch.

Staff Report By: Council Member Flores
RECOMMENDATION: Approve a community support fund contribution of $500 to Rebel Ranch.

Council Member Lucio

19. Community Support Fund - Council Member Lucio. Approve a community support fund contribution to Rebel Ranch.

Staff Report By: Council Member Lucio
RECOMMENDATION: Approve a community support fund contribution of $500 to Rebel Ranch.

City Manager's Report
City Attorney's Report
Police Chief's Report
Director's Report
Fire Chief's Report

ADJOURN
The next Regular Meeting of the City Council will be held on Tuesday, July 15, 2025 at 6:00 p.m. (Closed Session no earlier than 4:00 p.m. if necessary) in these Council Chambers.

I, Natalie Gonzaga, City Clerk of the City of Chino, hereby declare that on Thursday, June 26, 2025 this agenda was posted on the south window of Chino City Hall and this agenda together with all of the agenda reports and related documents were posted on the City’s website at www.cityofchino.org by myself or under my direction.
_______________________________________
Natalie Gonzaga, City Clerk.
5 MEMORANDUM

CITY OF CHINO

COMMUNITY SERVICES, PARKS & RECREATION DEPARTMENT

CITY COUNCIL MEETING DATE: JULY 1, 2025

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

RECREATION

SUBJECT
..titl e
Park and Recreation Month
..end

..body

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

6 7

MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: JULY 1, 2025

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

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

8 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: JULY 1, 2025

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

SUBJECT
..titl e
Presentation from San Bernardino Transportation Authority (SBCTA) ..end
..body

9 MEMORANDUM

CITY OF CHINO

FINANCE DEPARTMENT

CITY COUNCIL MEETING DATE: JULY 1, 2025

TO: LINDA REICH, CITY MANAGER
FROM: KIM SAO, DIRECTOR OF FINANCE

SUBJECT
..titl e
Warrants.
..end

RECOMMENDATION
Approve expenses as audited and within budget for warrants 776010 to 776256, and Electronic Fund Transfers 524512E to 524617E, totaling $5,911,768.12. ..body

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

Revenue:

Expenditure:
10 CITY COUNCIL MEETING DATE: JULY 1, 2025
TITLE: WARRANTS.

PAGE: 2

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

NO. WARRANTS CHECK DATE FY AMOUNT

1. 776010 – 776135 06/05/25 24-25 $1,292,085.75

2. 776136 – 776256 06/12/25 24-25 $908,138.96

3. 524512E – 524569E 06/06/25 24-25 $1,339,283.40

4. 524570E – 524617E 06/13/25 24-25 $2,372,260.01
TOTAL $5,911,768.12

E: Electronic Fund Transfers

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

Attachment

11 Council Meeting 7/1/25

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

Check Date Check
Number Vendor Name Description Amount

06/05/2025 776014 ALESHIRE & WYNDER LLP LEGAL SERVICES $102,567.34

776016 AM-TEC TOTAL SECURITY INC 300 QTY OF AXIS SD CARDS $120,375.81

776118 SO CAL EDISON CO SERVICE PERIOD: 04/17-05/18 $87,655.02

776129 WASTE MANAGEMENT COLLECTION SERVICES $567,448.71 06/06/2025
524514 ACT 1 CONSTRUCTION, INC. AYALA PARK PHASE 1B SB FIELD $115,244.84

524543 INLAND EMPIRE UTILITIES AGENCY SEWAGE TREATMENT SERVICE $852,087.67

524551 NEXTECH SYSTEMS INC REPAIR POLARA ICCU UNITS $146,639.49 06/13/2025
524576 CALGON CARBON CORPORATION CALGON TREATMENT $111,952.00

524578

CHINO VALLEY INDEPENDENT FIRE
DISTRICT FIRE PROTECTION SERVICES $1,310,147.00

524586 HARDY & HARPER INC CONTRACT SERVICES $207,291.00

524587

HERITAGE DESIGN BUILD &
CONSULTING STREET LIGHT MAINTENANCE $55,594.05

524590 INLAND EMPIRE UTILITIES AGENCY NON-RECLAIMABLE WASTEWATER $122,993.04

524592

LANDSCAPE WEST MANAGEMENT
SERVICES, INC. LANDSCAPE MAINTENANCE $77,622.00

524597 MERCHANTS LANDSCAPE SERVICES INC LANDSCAPE MAINTENANCE $55,318.02

524617 YUNEX LLC TRAFFIC SIGNAL MAINTENANCE $236,007.77

06/12/2025

776153

BIGGS CARDOSA ASSOCIATES, INC.

EUCLID BRIDGE DESIGN SERVICES

$82,859.75

776192

J & S STRIPING CO INC

STREET STRIPING & PAVEMENT MARKING

$95,346.65

776227

PORTER CORP

WALNUT PARK PROJECT

$62,352.33

776233

SO CAL EDISON CO

SERVICE PERIOD: 04/02-06/01

$185,464.45

776247

WEST COAST ARBORISTS INC

TREE TRIMMING SERVICES

$56,850.00

TOTAL

$4,651,816.94

12 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: JULY 1, 2025

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

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

13 CHINO CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

REGULAR MEETING - CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY, JUNE 17, 2025

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

CALL TO ORDER
The June 17, 2025, Regular Meeting of the Chino City Council / Successor Agency to the Redevelopment Agency was called to order at 5:03 pm by Mayor Eunice M. Ulloa in the Council Chambers.

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

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

CLOSED SESSION PUBLIC COMMENTS
There were no requests to speak.

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

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

2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Pursuant to Government Code 54956.8 Property: APN: 1014 -052-04; 5349 Phillips Blvd., Chino, CA 91710 ; Agency Negotiator: Linda Reich, City Manager or her designee; Negotiating Parties: Christopher Thi; Under Negotiation: Price and Terms of Potential Acquisition

3. CONFERENCE WITH LABOR NEGOTIATOR Pursuant to Government Code Section 54957.6 Agency Negotiator: Terry Doyle, Director of Human Resources/Risk Management Employee Organizations: Chino City Hall Confidential Employee Association; Chino Police Management Association (CPMA); Chino Police Officers Association (CPOA); Chino Police Professional Employees Association (CPPEA); Teamsters Local 1932 Professional, Technical and Clerical Unit; American Federation of State, County, and Municipal Employees (AFSCME District Council 36 - Local 3183 ); Unrepresented Management Sworn and Professional; Executive Management and Deputy Directors; and Part-time Employees 14 CHINO CITY COUNCIL
JUNE 17, 2025 2
The City Council recessed to Closed Session at 5:05 p.m. and concluded at 6:00 p.m. The City Council reconvened the meeting at 6:07 p.m.

FLAG SALUTE
Council Member Flores led the Pledge of Allegiance.

CEREMONIALS
City of Chino’s Community Emergency Response Team (CERT) Program Recognition of the Chino CERT Program for their assistance during the Eaton Fire presented by the Southern Chapter of the California Emergency Services Association (CESA).

Mayor Ulloa called up Diana Manzano -Garcia, Area D Director of the Southern Chapter of the California Emergency Services Association (CESA), and Bryan Ariizumi, California Emergency Services Association, who presented a special recognition to CERT volunteers Anna Cervantes, Jami Decker, Bob Gahagan, Oscar Limon, Lily Valdivia, and Denise School for their response during the Eaton Fire.

Chino Valley Medical Center CEO - Recognition of Chino Valley Medical Center CEO Gail Aviado recognized by Modern Healthcare as a 2025 Leading Women.

Mayor Ulloa presented a Certificate of Recognition to Gail Aviado, CEO, Chino Valley Medical Center, for being recognized by Modern Healthcare as a 2025 Leading Woman. Ms. Aviado, who was accompanied by her family and coworkers, accepted the award.

Chino Valley Fire District - Introduction of New Hire Firefighter/Paramedics.

Mayor Ulloa called up Battalion Chief Dean Smith who provided an introduction of the new Chino Valley Fire Department Firefighers/Paramedics: Julian Alvarado, Gabriel Avila, Robert Figueroa, James Mathias, Matthew Shields, Oscar Topp, and Adam Webb.

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

3. CONFERENCE WITH LABOR NEGOTIATOR Pursuant to Government Code Section 54957.6 Agency Negotiator: Terry Doyle, Director of Human Resources/Risk Management Employee Organizations: Chino City Hall Confidential Employee Association; Chino Police 15 CHINO CITY COUNCIL
JUNE 17, 2025 3
Management Association (CPMA); Chino Police Officers Association (CPOA); Chino Police Professional Employees Association (CPPEA); Teamsters Local 1932 Professional, Technical and Clerical Unit; American Federation of State, County, and Municipal Employees (AFSCME District Council 36 - Local 3183 ); Unrepresented Management Sworn and Professional; Executive Management and Deputy Directors; and Part-time Employees The City Council received an update, provided direction, and no further reportable action was taken.

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

INFORMATION
External Agency Report for June 17, 2025. Receive and file the External Agency Report for June 17, 2025 (Covering Meetings from April 1 - April 30, 2025).

Mayor Ulloa announced the External Agency Report was included in the agenda packet.

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

Mayor Ulloa thanked the community for attending and viewing the State of the City Address on June 11, 2025. To view the State of the City Address, visit cityofchino.org/sotc.

Chino Kiwanis Club Summer Concert is on Thursday, June 19, 2025 at 7:00 p.m. and Chino Summer Movie Night is on Friday, June 20, 2025 at 6:30 p.m. featuring Beetlejuice Beetlejuice on the City Hall lawn. For information on future events, visit cityofchino.org/events.

Go Skate Day at Ayala Park is on Saturday, June 21, 2025 from 3:00 - 6:00 p.m. For more information, contact CSPR at 909-334-3257.

Chino Fireworks Spectacular at Ruben S. Ayala Park is on Friday, June 27, 2025 from 4:00 - 10:00 p.m., and Saturday, June 28, 2025, from 1:00 - 10:00 p.m. For more information, visit cityofchino.org/fs.

City Hall and most City facilities will close in observance of the Independence Day Holiday on Friday, July 4, with normal operations resuming on Monday, July 7, 2025. Waste Management waste collection services will be delayed by one day and will take place on Saturday, July 5, 2025.

PUBLIC COMMENTS
Pastor Steve Hurlbert, Calvary Chapel Chino Hills, provided the invocation.

Anthony Moreno, District Representative from the office of Senator Susan Rubio, announced a community invitation to their open house event on Saturday, June 21, 2025 from 10:00 a.m. - 1:00 p.m. at their Ontario District Office.

Bob Nigg, spoke in opposition of the Orbis Eden development and requested a status report on the next City Council meeting agenda.

Carissa Ramirez, Chino resident, expressed concern regarding the statement from the Chino Police Department on social media regarding U.S. Immigration and Customs Enforcement 16 CHINO CITY COUNCIL
JUNE 17, 2025 4
(ICE).

Daniel Medrano, spoke in opposition of the Eden project.

CONSENT CALENDAR

1. Warrants. Approve expenses as audited and within budget for warrants 775889 to 776009 , and Electronic Fund Transfers 524462E to 524511E, totaling $2,845,198.46 Item No. 2 was pulled from the Consent Calendar for a separate action.

4. Report on Priority State and Federal Legislative Issues. Receive and file the Priority Legislative Items Report dated June 17, 2025; the Tracked State Legislation Report; and Position Letters on Legislation.

5. Amendment No. 2 to the Animal Shelter and Control Services Agreement No. 2022 -037 Between the City of Chino and Inland Valley Humane Society & S.P.C.A. (IVHS). Approve Amendment No. 2 with IVHS to allow early transfer of certain response services and transitions to the Animal Resource Center of the Inland Empire (ARC), including clarified indemnification terms.

6. Notice of Completion - Ayala Park Improvements Phase 1B -Softball Fields 1 -4 Project (PK231). Accept the Ayala Park Improvements Phase 1B -Softball Fields 1 -4 Project complete by Act 1 Construction, Inc., Norco, CA; authorize the City Manager to file the Notice of Completion; and release the retention funds following the 35-day lien period.

7. Landscape and Streetlight Maintenance District Assessment for Fiscal Year 2025 -26. Adopt Resolution No. 2025 -031 directing the filing of an annual report; adopt Resolution No. 2025-032 approving the Engineer's Report; and adopt Resolution No. 2025 -033 declaring its intention to order improvements for Assessment Districts.

8. Award a Construction Contract to Gentry Brothers, Inc. for the Citywide Slurry & Pavement Improvements FY2025 Project (NC251). Approve the plans and specifications for construction and award a construction contract to Gentry Brothers, Inc., Project NC251 for $1,663,600; and authorize up to $166,360 (10% of the contract amount) for construction contingencies.

Motion by Council Member Lucio, seconded by Mayor Pro Tem Burton, to approve the Consent Calendar items 1, and 3 -8 as presented. The motion carried by the following vote:

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

ABSENT: NONE.

ITEMS PULLED FROM THE CONSENT CALENDAR

2. Minutes. (a) Regular Meeting Minutes for June 3, 2025 (Council Member Comstock Absent-Excused); (b) Special Meeting Minutes for June 11, 2025 (Mayor Ulloa Absent-Excused).

Motion by Mayor Pro Tem Burton, seconded by Council Member Flores, to approve Item

2. Minutes as presented. The motion carried by the following vote:
17 CHINO CITY COUNCIL
JUNE 17, 2025 5
AYES: BURTON, FLORES, AND LUCIO
NOES: NONE.

ABSENT: NONE.

ABSTAIN: ULLOA, AND COMSTOCK

PUBLIC HEARINGS

9. Introduction of Ordinance 2025-003 - Zoning Ordinance Amendment (PL25-0031). A proposed amendment to Title 20 (Zoning) of the Chino Municipal Code consisting of modifications and additions to Chapter 20.06 (Commercial Land Uses ), Chapter 20.07 (Industrial Land Uses ), Chapter 20.23 (Administration), and Chapter 20.24 (Glossary).

Staff Report By: Andrea Gilbert, City Planner
RECOMMENDATION: 1) Conduct a Public Hearing; 2) approve the introduction of Ordinance No. 2025 -003, a proposed amendment to Title 20 (Zoning) of the Chino Municipal Code, consisting of modifications and additions to Chapter 20.06 (Commercial Land Uses ), Chapter

20.07 (Industrial Land Uses), Chapter 20.23 (Administration), and Chapter 20.24 (Glossary), to be read by number and title only, and waive further reading of the Ordinance.

Mayor Ulloa opened the public hearing.

Andrea Gilbert, City Planner, provided a presentation on the item.

There being no requests to address the City Council on this item, Mayor Ulloa closed the public hearing.

City Attorney Galante read the Ordinance by number and title only, waiving further reading of the ordinance:

ORDINANCE NO. 2025 -003 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

CHINO, CALIFORNIA, AMENDING SELECTED PROVISIONS OF THE ZONING CODE (TITLE 20 OF THE MUNICIPAL CODE) OF THE CITY OF CHINO. PL25 -0031 (ZONE

ORDINANCE AMENDMENT)
Motion by Council Member Comstock, seconded by Mayor Pro Tem Burton, to 1) Conduct a Public Hearing; 2) approve the introduction of Ordinance No. 2025 -003, a proposed amendment to Title 20 (Zoning) of the Chino Municipal Code, consisting of modifications and additions to Chapter 20.06 (Commercial Land Uses ), Chapter 20.07 (Industrial Land Uses ), Chapter 20.23 (Administration), and Chapter 20.24 (Glossary), to be read by number and title only, and waive further reading of the Ordinance. The motion carried by the following vote:

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

ABSENT: NONE.
18 CHINO CITY COUNCIL
JUNE 17, 2025 6

10. Community Development Block Grant (CDBG) 2025 -30 Consolidated Plan and 2025 -26 One-Year Action Plan. Conduct a Public Hearing and approve the 2025 -30 Five-Year Consolidated Plan, which includes the 2025 -26 One-Year Action Plan governing the use of Community Development Block Grant (CDBG) Funds.

Staff Report By: Traci Rossetti-Smith, Senior Management Analyst RECOMMENDATION: 1) Conduct a public hearing to receive comment; 2) approve the 2025-30 Five-Year Consolidated Plan, which includes the 2025 -26 One-Year Action Plan governing the use of Community Development Block Grant (CDBG) funds; 3) Carryover an estimated amount of $ 80,080.01 in unexpended funds from Program Year 2023 -24; 4) authorize the City Manager to execute all required United States Department of Housing and Urban Development (HUD) documents and submit the 2025 -30 Five-Year Consolidated Plan inclusive of the 2025 -26 One-Year Action Plan to HUD; and 5) authorize staff to complete all federal environmental reviews per 24 Code of Federal Regulations (CFR), Part 58.

Mayor Ulloa opened the public hearing.

Traci Rossetti-Smith, Senior Management Analyst, provided a presentation on the item.

There being no requests to address the City Council on this item, Mayor Ulloa closed the public hearing.

Mayor Ulloa inquired if CDBG funds can be allocated for additional parking at Monte Vista park.

City Manager Reich confirmed future CDBG funds can be used for the site since it is located within the CDBG area.

Motion by Council Member Flores, seconded by Council Member Comstock, to 1) Conduct a public hearing to receive comment; 2) approve the 2025 -30 Five-Year Consolidated Plan, which includes the 2025 -26 One-Year Action Plan governing the use of Community Development Block Grant (CDBG) funds; 3) Carryover an estimated amount of $80,080.01 in unexpended funds from Program Year 2023 -24; 4) authorize the City Manager to execute all required United States Department of Housing and Urban Development (HUD) documents and submit the 2025 -30 Five-Year Consolidated Plan inclusive of the 2025-26 One-Year Action Plan to HUD; and 5) authorize staff to complete all federal environmental reviews per 24 Code of Federal Regulations (CFR), Part 58. The motion carried by the following vote:

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

ABSENT: NONE.

11. Adoption of Resolution 2025 -030 - Annual Adjustment of Development Impact Fees, Park Development Fees & Administrative Fee for Fiscal Year 2025 -26. Adopt Resolution 2025 -030 authorizing the annual adjustment of Development Impact Fees, Park Development Fees & Administrative Fee for Fiscal Year 2025-26.

Staff Report By: Sylvia Ramos, Contracts & DIF Administrator 19 CHINO CITY COUNCIL
JUNE 17, 2025 7
RECOMMENDATION: 1) Conduct a duly noticed public hearing in accordance with Government Code Section 66016; 2) find that the City’s Development Impact Fee (DIF) program continues to represent the most expedient and equitable mechanism for financing the construction and improvement of public facilities necessitated by development; 3) adopt Resolution No. 2025-030 authorizing: (a) the annual adjustment of DIF based on the applicable Engineering News-Record (ENR) Construction Cost Index escalator, consistent with the City’s adopted passthrough methodology; (b) the reduction of the Capital Administration Fee from 12% to 3% to reflect actual costs incurred by the City for administering the DIF program; and (c) the update of Residential Park Development Fees pursuant to the provisions of Title 18 of the Chino Municipal Code; and 4) authorize staff to implement the adjusted fees effective 60 days after adoption of Resolution No. 2025 -30, in accordance with Government Code Section 66017.

Mayor Ulloa opened the public hearing.

Sylvia Ramos, Contracts & DIF Administrator, provided a presentation on the item.

There being no requests to address the City Council on this item, Mayor Ulloa closed the public hearing.

Motion by Council Member Lucio, seconded by Mayor Pro Tem Burton, to 1) Conduct a duly noticed public hearing in accordance with Government Code Section 66016; 2) find that the City's Development Impact Fee (DIF) program continues to represent the most expedient and equitable mechanism for financing the construction and improvement of public facilities necessitated by development; 3) adopt Resolution No. 2025 -030 authorizing: (a) the annual adjustment of DIF based on the applicable Engineering News-Record (ENR) Construction Cost Index escalator, consistent with the City's adopted passthrough methodology; (b) the reduction of the Capital Administration Fee from 12% to 3% to reflect actual costs incurred by the City for administering the DIF program; and (c) the update of Residential Park Development Fees pursuant to the provisions of Title 18 of the Chino Municipal Code; and 4) authorize staff to implement the adjusted fees effective 60 days after adoption of Resolution No. 2025 -30, in accordance with Government Code Section 66017. The motion carried by the following vote:

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

ABSENT: NONE.

12. Comprehensive User Fee Study. Conduct a Public Hearing and adopt Resolution No. 2025-029, updating user fees for City-provides services.

Staff Report By: Kim Sao, Director of Finance and Tony Thrasher, Willdan RECOMMENDATION: Conduct a public hearing to consider the proposed Resolution No. 2025-029 to adopt new and changed City fees for service per the Comprehensive User Fee Study Report.

Mayor Ulloa opened the public hearing.

Linda Reich, City Manager provided a brief introduction on the user fee study. Kim Sao, Director of Finance and Tony Thrasher, Willdan Financial Consultant, provided a presentation on the comprehensive study of the City's user fees.
20 CHINO CITY COUNCIL
JUNE 17, 2025 8
Ms. Sao announced a correction on the proposed Resolution No. 2025 -029, noting the correction to the future annual CPI adjustment, will be amended to change the effective date from February 1 to July 1; however, the February 1 date will be used to determine the CPI value to use. A redlined copy was provided to the City Council for reference.

Ms. Sao also announced a correspondence was received from the Building Industry Association (BIA) regarding this item and was provided to the City Council. The BIA requested a 50% phased implementation of the fee increase beginning August 18 and completing in June 2026. Ms. Sao noted that staff does not recommend implementing a phased approach.

Ana Gromis, Representative from BIA San Bernardino County, provided a public comment, sharing three concerns and requesting modifications regarding fee increases including 1) phased increase of fee increases 2) plan check valuation table should be modified for larger projects over 1 million; 3) any in -progress submission prior to August 18, will not be impacted by the new fee structure; and requested a 30 day delay of the approval to allow for continued discussion and clarity.

There being no additional requests to address the City Council on this item, Mayor Ulloa closed the public hearing.

Council Member Burton inquired about the historical increases to Chino's user fees. Ms. Sao explained this is the first formal comprehensive study by a consultant since the 1980's. Since this time, Staff has done incremental increases. Council Member Burton noted that developers typically pay higher fees elsewhere and have benefited from lower costs in Chino.

Council Member Comstock inquired about the consideration of in-progress project fees.

Warren Morelion, Director of Development Services, explained that for existing applications, the applicant can pay fees prior to the implementation of the new fees.

City Attorney Galante clarified that an applicant would have the option to prepay the applicable fees under the existing rates, and if they choose not to prepay, the new fees would apply once the updated fee structure is in place.

Council Member Lucio asked for an example of a user fee that is increasing by 400%.

Mayor Ulloa reopened the public hearing to allow Ms. Gromis to answer.

Ms. Gromis, Representative from BIA San Bernardino County, noted some high -percentage increases, including simple inspection, traffic control fees, right-of-way encroachment permit for a minor encroachment, special conditional use permit, and master site approval review. But could not provide examples of fee increases.

Discussion ensued regarding the fee amount changes in dollars versus percentages.

Mayor Ulloa closed the public hearing.

Mayor Ulloa noted the clarification to the motion to include in -progress applications, if an application submitted prior to the effective date, the current fee structure will apply, provided the applicant prepays before implementation of new user fees on August 18, 2025, and a correction to the resolution establishing a CIP effective date of July 1. 21 CHINO CITY COUNCIL
JUNE 17, 2025 9
Motion by Council Member Comstock, seconded by Mayor Pro Tem Burton, to conduct a public hearing to consider the proposed Resolution No. 2025 -029 with modification to include: in-progress applications, if an application submitted prior to the effective date, the current fee structure will apply, provided the applicant prepays before implementation of new user fees on August 18, 2025, and a correction to the resolution establishing a CIP effective date of July 1, to adopt new and changed City fees for service per the Comprehensive User Fee Study Report. The motion carried by the following vote:

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

ABSENT: NONE.

NEW BUSINESS

13. Fiscal Year 2025 -2026 Budget Adoption. Approve the Fiscal Year (FY) 2025 -26 Proposed Budget and Appropriations Limit for Fiscal Year 2025 -26 and authorize the City Manager to execute all necessary documents on behalf of the City.

Staff Report By: Kim Sao, Director of Finance
RECOMMENDATION: 1) Adopt Resolution No. 2025 -034, approving the Fiscal Year (FY) 2025-26 Proposed Budget; 2) adopt Resolution No. 2025 -035, approving the Appropriations Limit for Fiscal Year 2025 -26; and 3) authorize the City Manager to execute all necessary documents on behalf of the City.

Kim Sao, Director of Finance, provided a presentation, noting that due to updates, including an adjustment in the DIF fee rate from 12% to 3%, outlined in Agenda Item 11, the General Fund revenue estimates has been reduced by $3 million, and as a result, the previously projected surplus will be reduced accordingly.

Ms. Sao reported that Exhibit A was revised to reflect additional changes included in the summary and a revised attachment was provided to the City Council.

Mayor Ulloa spoke regarding Measure V accountability, noting that the current report only reflects a high-level summary, and requested that staff provide a breakdown of how the full $24 million in Measure V revenue is allocated, particularly the $8 million not clearly identified in the summary. Ms. Sao assured she will provide the City Council with a detailed breakdown of those figures and noted she is working with the Administration Department to develop a transparency portal on the City's website.

Council Member Lucio agreed the list of Measure V funded projects should include project details and be made available on the City's website.

Council Member Comstock noted she shared with City Manager Reich the Capital Improvement Project online portal tracker can include Measure V funded projects.

City Manager Reich spoke regarding signs used to identify projects funded by Measure V and Measure I, and confirmed that Measure V information will be published on the website by September 2025.

Council Member Lucio inquired what facilities were included in the Civic Center paint and repairs project. City Manager Reich confirmed it included the entire Civic Center. 22 CHINO CITY COUNCIL
JUNE 17, 2025 10
Motion by Council Member Comstock, seconded by Council Member Lucio, to 1) Adopt Resolution No. 2025 -034, approving the Fiscal Year (FY) 2025 -26 Proposed Budget; 2) adopt Resolution No. 2025 -035, approving the Appropriations Limit for Fiscal Year 2025-26; and 3) authorize the City Manager to execute all necessary documents on behalf of the City. The motion carried by the following vote:

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

ABSENT: NONE.

14. Award of Contract - Citywide Janitorial Services. Award a professional services contract with CCS Facility Services-Orange County Inc., Costa Mesa, CA for Citywide Janitorial Services in the amount of $580,753.06, with four additional one-year options to renew.

Staff Report By: Jeff Benson, Parks & Facilities Manager RECOMMENDATION: Award a professional services contract with CCS Facility Services-Orange County Inc., Costa Mesa, CA for Citywide Janitorial Services, in the amount of $580,753.06 with four additional one -year options to renew and authorize the City Manager to execute all necessary documents on behalf of the City.

Jeff Benson, Parks & Facilities Manager, provided a report on the item.

Motion by Mayor Pro Tem Burton, seconded by Council Member Lucio, to Award a professional services contract with CCS Facility Services -Orange County Inc., Costa Mesa, CA for Citywide Janitorial Services, in the amount of $580,753.06 with four additional one -year options to renew and authorize the City Manager to execute all necessary documents on behalf of the City. The motion carried by the following vote:

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

ABSENT: NONE.

15. Amendment No. 5 to Professional Services Agreement with Kaplan Kirsch, LLC for Legal Services. Approve Amendment No. 5 to the Professional Services Agreement for legal services with Kaplan Kirsch, LLC, in the amount of $220,000.

Staff Report By: Natalie Avila, Associate Engineer
RECOMMENDATION: Approve Amendment No. 5 to the professional services agreement for legal services with Kaplan Kirsch, LLC, (Contract 2022-285), in the amount of $220,000, for a total contract amount not to exceed $310,000; and authorize the City Manager to execute all necessary documents on behalf of the City.

Natalie Avila, Associate Engineer, provided a presentation on the item.

Mayor Ulloa inquired about the long -term contamination of the City's Well No. 11 by a TCE plume originating from a GE facility in Ontario. Ms. Avila explained that the City has engaged Kaplan Kirsh, LLC for legal assistance in negotiating with GE and regulatory agencies, with the goal of securing ongoing financial support for treatment and maintenance. Mayor Ulloa emphasized the importance of securing a long-term solution rather than a one-time settlement. 23 CHINO CITY COUNCIL
JUNE 17, 2025 11
Mayor Pro Tem Burton asked how long the well has been offline. Ms. Avila responded that it has been inactive since 2018 and there were reports of reduced water pressure in nearby areas. Ms. Avila noted while some improvements have been made, service levels have not fully returned. Ms. Avila confirmed that the City can evaluate whether the costs associated with these improvements can be recovered.

Hye Jin Lee, Director of Public Works, explained that once a contaminant plume spreads underground, it is difficult to fully remove, and wells located downstream must be treated. Ms.

Lee confirmed that five city wells are currently out of service due to contamination.

Motion by Mayor Pro Tem Burton, seconded by Council Member Lucio, to Approve Amendment No. 5 to the professional services agreement for legal services with Kaplan Kirsch, LLC, (Contract 2022-285), in the amount of $220,000, for a total contract amount not to exceed $310,000; and authorize the City Manager to execute all necessary documents on behalf of the City. The motion carried by the following vote:

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

ABSENT: NONE.

16. Professional Services Agreement for Community Facilities District Program Management and Related Services. Award a Professional Services Agreement to David Taussig and Associates, Inc. for $265,000 for the Community Facilities District Program Management and related services.

Staff Report By: Sylvia Ramos, Contracts & DIF Administrator RECOMMENDATION: Award a Professional Services Agreement to David Taussig and Associates, Inc. for $265,000 for the Community Facilities District Program Management and related services; and authorize the City Manager to execute the necessary documents on behalf of the City.

Sylvia Ramos, Contracts & DIF Administrator provided a presentation on the item.

Motion by Council Member Comstock, seconded by Council Member Flores, to Award a Professional Services Agreement to David Taussig and Associates, Inc. for $265,000 for the Community Facilities District Program Management and related services; and authorize the City Manager to execute the necessary documents on behalf of the City.

The motion carried by the following vote:

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

ABSENT: NONE.

MAYOR AND COUNCIL REPORTS
Mayor Ulloa

17. Community Support Fund - Mayor Ulloa. Approve community support fund contributions for multiple non-profits and community groups for the Fiscal Year 2024-25.

Staff Report By: Mayor Eunice M. Ulloa
24 CHINO CITY COUNCIL
JUNE 17, 2025 12
RECOMMENDATION: Approve community support fund contributions of $225 to Boy Scout Troop 201, $225 to Boy Scout Troop 205, $225 to Trail Life Troop 2678, $225 to Chino American Little League, $500 to Chino Youth Boxing Foundation, $200 to Chino Girls Fastpitch, $200 to Chino High School Sports Booster, $200 to Chino Youth Museum, $1,000 Rebel Ranch, $200 to Don Lugo High School Sports Booster, $200 to Food for Life Ministry, $200 to HOPE Family Resource Center, $250 to Kiwanis Club of Chino (Corn Feed Run), $250 to Isaish’s Rock, $200 to Soroptimist International of the Chino Valley, and $200 to UChooz Positive Youth.

Motion by Council Member Lucio, seconded by Council Member Flores, to Approve community support fund contributions of $225 to Boy Scout Troop 201, $225 to Boy Scout Troop 205, $225 to Trail Life Troop 2678, $225 to Chino American Little League, $500 to Chino Youth Boxing Foundation, $200 to Chino Girls Fastpitch, $200 to Chino High School Sports Booster, $200 to Chino Youth Museum, $1,000 Rebel Ranch, $200 to Don Lugo High School Sports Booster, $200 to Food for Life Ministry, $200 to HOPE Family Resource Center, $250 to Kiwanis Club of Chino (Corn Feed Run ), $250 to Isaish's Rock, $200 to Soroptimist International of the Chino Valley, and $200 to UChooz Positive Youth. The motion carried by the following vote:

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

ABSENT: NONE.

Mayor Ulloa reported on the following meetings and events including the Omnitrans Board of Directors meeting; San Bernardino Transportation Authority Board of Directors meeting; Employee Recognition luncheon, and congratulated all award recipients, including Sheri Beckett, Budget Manager, who received multiple recognitions; Chino Hills State of the City address; Senior Birthdays Celebration; Boy Scout Troop 201 Eagle Scout Court of Honor ceremony for Mark Anthony Roberts, Garrett Hayakawa, Chase Wilson, Andrew Shu, and her grandson Trent Ulloa; CSPR Commission interviews; Sea Scout Quartermaster Award reception for her grandson Trent Ulloa; Mayors Prayer Breakfast; City of Chino State of the City; Omnitrans Administration and Finance Committee meeting; San Bernardino County Transportation Authority Transit Committee meeting; San Bernardino County Transportation Metro Valley Committee meeting; Inland Empire Utilities Agency meeting; Chino Basin Program Stakeholder workshop; Chino Postmaster virtual meeting; Legislative Policy Committee meeting; City Manager meeting; closed session; and wished her husband a happy 50th Wedding Anniversary.

Mayor Pro Tem Burton
Mayor Pro Tem Burton reported on the following meetings and events including the Yorba Slaughter Adobe tour; Employee Recognition luncheon; Chino Basin Desalter Authority meeting; Inland Empire Utilities Agency Board meeting; Chino Hills State of the City address; South Coast Air Quality Management District Board meeting; CSPR Commission interviews; City Manager meeting; Mayors Prayer breakfast; Special City Council Meeting; State of the City; Inland Empire Utilities Agency workshop; Kiwanis Concerts on the Lawn; Water Facilities tour; City Manager meeting; Cultural Arts Foundation meeting; thanked Bob Nigg and Daniel Medrano for their public comments; provided a reminder about the City of Chino Facts webpage; wished Mayor Ulloa a happy Wedding Anniversary.

Council Member Comstock
Council Member Comstock reported on the following meetings and events including the City Manager meeting; CSPR Commission interviews, and thanked the applicants who applied; 25 CHINO CITY COUNCIL
JUNE 17, 2025 13
meeting regarding a local business concern; Special City Council meeting; State of the City; congratulated the Spirit of Achievement Award recipients Joe and Bernadette Berterretche of Centro Basco Restaurant; Business of the Year award recipients Hottingers Family Meats and Chino Veterinary Hospital; City Manager meeting; Legislative Policy Committee meeting; closed session; congratulated the CERT members; extended sympathies to the Fraga Family and Younquist Family; wished Mayor Ulloa a Happy Wedding anniversary; and noted she and Mayor Pro Tem Burton will be in Sacramento regarding the California Institution for Men (CIM) audit item.

Council Member Flores
Council Member Flores wished all of the Fathers a belated Happy Fathers Day; congratulated the Berterretche family, recipient of the Spirit of Achievement; and congratulated Mayor Ulloa on her Wedding Anniversary.

Council Member Lucio
Council Member Lucio extended warm wishes to Mayor Ulloa on her Wedding Anniversary and wished his wife a Happy Birthday.

City Manager's Report
City Manager Reich thanked staff for their efforts in preparing the State of the City address and the Employee Recognition luncheon, and thanked the City Council for their approval of the budget and user fees items, as well as for their ongoing guidance and for their participation in the State of the City address.

City Attorney's Report
City Attorney Galante complimented the State of the City address and reported his responses regarding the Orbis Eden project must be provided during the appeal to the City Council.

Police Chief's Report
Captain Croley, spoke regarding the Police Department's policy regarding working with Federal immigration enforcement operations and priority to keep Chino safe.

Mayor Pro Tem Burton and Council Member Comstock spoke in support of the Police Department and recent legislative efforts.

Director's Report
Hye Jin Lee, Director of Public Works, reported the consumer confidence report regarding water quality will be available soon in all public buildings and published on the City website.

Silvia Avalos, Director of Community Services, Parks & Recreation (CSPR), announced the promotion of Ted Bistarkey, CSPR Manager, as the Deputy Director of CSPR.

Fire Chief's Report
Battalion Chief Dean Smith thanked the City Council for the opportunity to introduce the new firefighter paramedics; announced the approval of the bid contract for Fire Station 68 and noted the groundbreaking will take place within next 30 days; and reported the delivery of an Aircraft Rescue and Firefighting (ARFF) vehicle, a joint effort with San Bernardino County, to serve the Chino Airport, which will improve the airport response time. 26 CHINO CITY COUNCIL
JUNE 17, 2025 14

ADJOURN
The meeting adjourned at 8:57 p.m. The next Regular Meeting of the City Council will be held on Tuesday, July 1, 2025 at 6:00 p.m. (Closed Session no earlier than 4:00 p.m. if necessary) in these Council Chambers.

APPROVED AND ADOPTED THIS 1ST DAY OF JULY 2025.
________________________________
EUNICE M. ULLOA, MAYOR
ATTEST:
________________________________

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

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: JULY 1, 2025

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

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

..end

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

..body

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

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

Revenue:

Expenditure: 1002000-43320
Transfer In: Transfer Out:
28 CITY COUNCIL MEETING DATE: JULY 1, 2025
TITLE: ELECTED CITY OFFICIALS’ REPORT REGARDING TRAVEL, TRAINING, AND MEETINGS.

PAGE: 2

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

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

Attachment – Exhibit A

29 Event Date Meeting Purpose
and Subject
Matter
Location City Official
Attendees
June 30, 2025 Cal Cities Annual
Joint Meeting
Inland
Empire/Desert
Mountain/Riverside
Divisions
Riverside, CA Mayor Ulloa
Council Member
Comstock
Council Member
Flores

30 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: JULY 1, 2025

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

SUBJECT
..titl e
Amendment No. 6 to the Chino Desalter Authority (CDA) Joint Exercise of Powers Agreement. ..end

RECOMMENDATION
Adopt Resolution 2025-036, approving Amendment No. 6 to the CDA Joint Exercise of Powers Agreement, revising Section 2.6 – Stipends for Board of Directors and Alternates and authorize the City Manager to execute any documents on behalf of the City. ..body

FISCAL IMPACT
No fiscal impact.

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

31 CITY COUNCIL MEETING DATE: JULY 1, 2025
TITLE: AMENDMENT NO. 6 TO THE CHINO DESALTER AUTHORITY (CDA) JOINT EXERCISE OF POWERS AGREEMENT.

PAGE: 2

BACKGROUND
A Joint Exercise of Powers Agreement (JPA) creating the Chino Basin Desalter Authority (CDA) was entered into on September 25, 2001 by the Jurupa Community Services District (JCSD), the Santa Ana River Water Company (SARWC), the Inland Empire Utilities Agency, and the cities of Chino, Chino Hills, Norco and Ontario. Since this date, the following amendments to the original JPA agreement have been approved:

Amendment No. 1 dated on or about December 11, 2001 provided for additional time to fulfill certain conditions and avoid dissolution of the CDA.

Amendment No. 2 dated October 30, 2008, provided for the addition of the Western Municipal Water District of Riverside County (WMWD) as a member of the CDA, and the hiring of CDA staff.

Amendment No. 3 dated February 18, 2010, provided for a revised Phase 3 desalter expansion project scope and schedule.

Amendment No. 4 dated March 21, 2012 allows a CDA member to designate, by written notice, one Director and at least one (but up to two) alternate Director.

Amendment No. 5, dated July 20, 2013, permits the CDA to hire or appoint a Treasurer without requiring the Treasurer of the CDA to be the Treasurer of IEUA.

ISSUES/ANALYSIS
On May 1, 20 25, the CDA Board of Directors approved CDA Resolution 2025 -02, approving Amendment No. 6 to the Agreement creating the CDA , subject to approval of the governing body of each CDA Member Agency.

Amendment No. 6 revises Section 2.6 of the JPA Agreement to address the stipend amounts for both Directors and Alternate Directors of the CDA Board to read the following:

Stipend. The CD A shall pay a stipend to each of the Members of the Board, including each ex -officio Member, in the amount(s) and for attendance at such meeting(s) as determined by the Board of Directors by Resolution. In addition, a Director or alternate Director shall b e reimbursed for reasonable expenses incurred in the conduct of the business of the CDA.

Therefore, it is recommended the City Council a dopt Resolution 2025 -036, approving Amendment No. 6 to the CDA Joint Exercise of Powers Agreement.

Attachment – Resolution 2025-036

32 RESOLUTION NO. 2025-036

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA, APPROVING AMENDMENT NO. 6 TO JOINT EXERCISE

OF POWERS AGREEMENT CREATING THE CHINO BASIN

DESALTER AUTHORITY
WHEREAS, a Joint Exercise of Powers Agreement (“Original Agreement”) creating the Chino Basin Desalter Authority (“CDA”) was made and entered into as of the 25th day of September, 2001 by and among the Jurupa Community Services District (“JCSD”), the Santa Ana River Water Company (“SARWC”), the cities of Chino (“Chino”), Chino Hills (“Chino Hills”), Norco (“Norco”) and Ontario (“Ontario”) and the Inland Empire Utilities Agency (“IEUA”) (collectively the “Original Members” and individually, an “Original Member”); and WHEREAS, Amendment No. 1 to the Original Agree ment (“Amendment No. 1”) was entered into by the Original Members as of December 11, 2001; and WHEREAS, Amendment No. 2 to the Original Agreement (“Amendment No. 2”), dated as of October 30, 2008, was entered into by the Original Members and Western Munici pal Water District, a C alifornia water district (“WMWD” ); the Original Members and WMWD are collectively referred to herein as the (“Members”); and WHEREAS, the Members entered into Amendment No. 3 to the Original Agreement (“Amendment No. 3”), dated as of February 18, 2010; and WHEREAS, the Members entered into Amendment No. 4 to the Original Agreement (“Amendment No. 4”), dated on or about March 21, 2012; and WHEREAS, the Members entered into Amendment No. 5 to the Original Agreement (“Amendment No. 5”), dated on or about July 20, 2013; and WHEREAS, the Original Agreement, as amended by Amendment No. 1, Amendment No. 2, Amendment No. 3, Amendment No. 4, and Amendment No. 5 is referred to herein as the “Agreement”; and
WHEREAS, the Members now desire to enter into Amendment No. 6 to Joint Exercise of Powers Agreement creating the Chino Basin Desalter Authority (“Amendment No. 6”) to authorize the CDA Board of Directors to set the stipend to be paid to each Director or Alternate Director by resolution, as more particularly described in Exhibit A hereto; and NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Chino hereby declares, finds, and determines as follows:

Section 1. The recitals set forth above are true and correct.

Section 2. Amendment No. 6 attached hereto as Exhibit A is hereby approved.

Section 3. The City Manager is hereby authorized and directed to execute and deliver Amendment No. 6 and any and all documents and instruments and to do and cause to be done any and all acts and things n ecessary or proper to a pprove, authorize and/or implement Amendment No. 6 and this Resolution.
33 RESOLUTION NO. 2025-036

Page 2 of 3 ends

Section 4. Unless the context clearly requires otherwise, all terms used herein and not otherwise defined shall have the meanings given such terms in Amendment No. 6.

Section 5. This Resolution shall take effect immediately.

PASSED, APPROVED AND ADOPTED THIS 1st DAY OF JULY, 2025.

______
EUNICE M. ULLOA, MAYOR
ATTEST:

__________________________________

NATALIE GONZAGA, CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) §.

CITY OF CHINO )

I, NATALIE GONZAGA, City Clerk of the City of Chino, do hereby certify that the foregoing Resolution was duly adopted by the City Council at a regular meeting held on the 1st day of July 2025 by the following votes:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

NATALIE GONZAGA, CITY CLERK

34 Exhibit A

AMENDMENT NO. 6 TO

JOINT EXERCISE OF POWERS AGREEMENT
creating the

CHINO BASIN DESALTER AUTHORITY

[Attached on following pages.]

35 -1-
AMENDMENT NO. 6 to

JOINT EXERCISE OF POWERS AGREEMENT
creating the

CHINO BASIN DESALTER AUTHORITY
WHEREAS, a Joint Exercise of Powers Agreement (“Original Agreement ”) creating the Chino B asin Desalter Authority (“CDA”) was made and entered into as of the 25th day of September, 2001 by and among the Jurupa Community Services District (“JCSD”), the Santa Ana River Water Company (“SARWC”), the cities of Chino (“Chino”), Chino Hills (“Chino Hills”), Norco (“Norco”) and Ontario (“Ontario”) and the Inland Empire Utilities Agency (“IEUA”) (collectively , the “Original Members” and individually, an “Original Member”); and
WHEREAS, Amendment No. 1 to the Original Agreement (“Amendment No. 1”) was entered into by the Original Members as of December 11, 2001; and WHEREAS, Amendment No. 2 to the Original Agreement (“Amendment No. 2”), dated as of October 30, 2008 , was entered into by the Original Members and Western Municipal Water District, a California water district (“WMWD” ; the Original Members and WMWD are collectively referred to herein as the “Members”); and WHEREAS, the Members entered into Amendment No. 3 to the Original Agreement (“Amendment No. 3”), dated as of February 18, 2010; and WHEREAS, the Members entered into Amendment No. 4 to the Original Agreement (“Amendment No. 4”), dated on or about March 21, 2012; and WHEREAS, the Members entered into Amendment No. 5 to the Original Agreement (“Amendment No. 5”), dated on or about July 20, 2013; and WHEREAS, the Original Agreement , as amended by Amendment No. 1, Amendment No. 2, Amendment No. 3, Amendment No. 4, and Amendment No. 5 is referred to herein as the “Agreement”; and
WHEREAS, the Members now desire to enter into this Amendment No. 6 to Joint Exercise of Powers Agreement creating the Chino Basin Desalter Authority (“Amendment No. 6”) to authorize the CDA Board of Directors to , as more particularly described below.

NOW THEREFORE , the Members hereto agree that the Agreement shall be amended as follows:

1. Section 2.6 of the Agreement is hereby amended , restated and superseded by the following:

Stipend. The CDA shall pay a stipend to each of the
Members of the Board, including each ex-officio Member, in the amount (s) and for attendance at such meeting(s) as determined by the Board of Directors by Resolution. I n addition, a Director or alternate Director shall be
reimbursed for reasonable expenses incurred in the conduct of the business of the CDA.
36 -2-

2. Initially capitalized terms used herein without definition shall have the meanings ascribed to them in the Agreement.

3. Except as expressly set forth in herein, nothing in this Amendment No. 6 shall constitute an amendment to any other provision of the Agreement.

IN WITNESS WHEREOF, the Members have executed this Amendment No. 6 to Joint Exercise of Powers Agreement cr eating the Chino Basin Desalter Authority as of the dates set forth below.

37 CITY OF ONTARIO
DATED: __________ BY:

CITY MANAGER
DATED: __________ ATTESTED: ______________________________

CITY CLERK

APPROVED AS TO FORM

38 JURUPA COMMUNITY SERVICES DISTRICT
DATED: __________ BY:

PRESIDENT
DATED: __________ ATTESTED: ______________________________

SECRETARY

APPROVED AS TO FORM

39 CITY OF CHINO
DATED: __________ BY:

MAYOR
DATED: __________ ATTESTED: ______________________________

CITY CLERK

APPROVED AS TO FORM

40 CITY OF CHINO HILLS
DATED: __________ BY:

MAYOR
DATED: __________ ATTESTED: ______________________________

CITY CLERK

APPROVED AS TO FORM

41 CITY OF NORCO
DATED: __________ BY:

MAYOR
DATED: __________ ATTESTED: ______________________________

CITY CLERK

APPROVED AS TO FORM

42 SANTA ANA RIVER WATER COMPANY
DATED: __________ BY:

PRESIDENT
DATED: __________ ATTESTED: ______________________________

SECRETARY

APPROVED AS TO FORM

43 INLAND EMPIRE UTILITIES AGENCY
DATED: __________ BY:

PRESIDENT
DATED: __________ ATTESTED: ______________________________

SECRETARY

APPROVED AS TO FORM

44 WESTERN MUNICIPAL WATER DISTRICT
DATED: __________ BY:

PRESIDENT
DATED: __________ ATTESTED: ______________________________

SECRETARY

APPROVED AS TO FORM

45 STATE OF CALIFORNIA )
) SS.

COUNTY OF SAN BERNARDINO )
46 MEMORANDUM

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

CITY COUNCIL MEETING DATE: JULY 1, 2025

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

SUBJECT
..titl e
Adoption of Ordinance No. 202 5-003 (Second Reading), Amending Title 20 (Zoning) of the Chino Municipal Code.
..end

RECOMMENDATION
Approve adoption of Ordinance No. 2025-003 (Second Reading), amending Title 20 (Zoning) of the Chino Municipal Code consisting of modifications and additions to Chapter 20.06 (Commercial Land Uses), Chapter 20.07 (Industrial Land Uses), Chapter 20.23 (Administration), and Chapter 20.24 (Glossary).
..body

FISCAL IMPACT
There is no fiscal impact.

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

Revenue: Click or tap here to enter text.

Expenditure:

Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 47 CITY COUNCIL MEETING DATE: JULY 1, 2025
TITLE: ADOPTION OF ORDINANCE NO. 2025 -003 (SECOND READING), AMENDING TITLE 20 (ZONING) OF THE CHINO MUNICIPAL CODE.

PAGE: 2

BACKGROUND
Ordinance No. 2025-003 was introduced on first reading by the City Council at its June 17, 2025 meeting. The Ordinance will amend Title 20 (Zoning) of the Chino Municipal Code consisting of modifications and additions to Chapter 20.06 (Commercial Land Uses), Chapter 20.07 (Industrial Land Uses), Chapter 20.23 (Administration), and Chapter 20.24 (Glossary).

Once adopted on second reading, the Ordinance will go into effect thirty (30) days thereafter.

ISSUES/ANALYSIS
Ordinance No. 2025-003:

Second reading of Ordinance, entitled “ AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF CHINO, CALIFORNIA, AMENDING SELECTED PROVISIONS OF THE ZONING CODE (TITLE 20 OF THE MUNICIPAL CODE) OF THE CITY OF CHINO. PL25 -0031 (ZONE ORDINANCE AMENDMENT)”.

Attachment: Ordinance No. 2025-003

48 ORDINANCE NO. 2025-003

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

CHINO, CALIFORNIA, AMENDING SELECTED PROVISIONS OF
THE ZONING CODE (TITLE 20 OF THE MUNICIPAL CODE) OF
THE CITY OF CHINO . PL25-0031 ( ZONE ORDINANCE

AMENDMENT)

The City Council of the City of Chino, California, does hereby ordain as follows:

Section 1. Table 20.06-1 of the Chino Municipal Code is hereby revised as follows with the remainder of the Table remaining unchanged (additions in bold red; deletions in strikethrough):

TABLE 20.06-1 LAND USE REGULATIONS FOR COMMERCIAL ZONING DISTRICTS Uses
Zoning Districts Additional
Regulations CN CG CO CR CS
Residential Uses
Group Homes and Facilities ■ C ■ ■ ■
Senior Housing Projects ■ C C ■ C Section

20.21.340
Congregate Care Facilities ■ C C ■ C Section

20.21.460
Live/Work ■ ■ ■ ■ C Section

20.21.060
Residential Care Facilities, Small ■ C C ■ ■
Residential Care Facilities, Large ■ C C ■ ■ Section

20.21.070
Caretaker Quarters ■ ■ ■ ■ P Section

20.21.110
Public and Quasi-Public Uses
Places of Assembly
Places of Worship, Community Scale C C C C ■
Places of Worship, Regional Scale ■ C ■ C ■
Places of Worship, Small Storefront A A A A ■
Places of Worship, Large Storefront A A A A ■
Clubs and Lodges C C C C ■
Cultural and Institutional Uses
Theaters and Auditoriums ■ C ■ C ■
Libraries C C C C ■
Museums and Art Galleries C C C C C
Botanical and Zoological Gardens ■ C ■ ■ ■
Health Services
Hospitals ■ C C C C
Medical Clinics and Labs P P P P P
Medical Offices P P P P P
Medical Marijuana Dispensary ■ ■ ■ ■ ■
Educational Uses
Schools, Public or Private ■ C C ■ ■
Trade and Vocational Schools ■ A C A C A C A ■ A
49 ORDINANCE NO. 2025-003

Page 2 of 7 ends

Uses
Zoning Districts Additional
Regulations CN CG CO CR CS
Schools for Personal Enrichment and
Fulfillment
A A C A A Section

20.21.180
Gym/Athletic Instruction, Minor A A P C P A P A Section

20.21.440
Gym/Athletic Instruction, Major ■ C A C A C P C A Section

20.21.440
Gym/Athletic Instruction,
Small/Boutique Fitness Studio
A P P A P P A P Section

20.21.440
Child/Adult Care Services
Child Day Care Centers C C C C ■ Section

20.21.090
Day Care Facilities, Employer
Provided On-site
C C C C ■
Day Care Facilities, Adult C C C C ■
Other Community Services
Emergency Shelters ■ C ■ ■ P Section

20.21.080
Social Services, Charitable Institutions
and Services

C C C C C
Public Safety Facilities C C C C C
Commercial Uses
Retail
Retail, General P P C P P
Cart/Kiosk A A A A ■ Section

20.21.150
Retail, Thrift and Secondhand Stores ■ A P ■ C A A P
Animal Sales and Services P P ■ P P
Veterinary Clinics ■ P C P ■ P C P C P
Guns and Ammunition Sales ■ C ■ C ■
Alcoholic Beverage Sales A/C A/C ■ A/C A/C Section

20.21.270
Pawn Shops ■ ■ ■ ■ C
Adult Oriented Businesses ■ ■ ■ ■ C
Mobile Homes Sales ■ ■ ■ ■ C
Swap Meets ■ ■ ■ ■ C
Vehicle Sales and Services
Automobile and Vehicle Sales and
Leasing
■ C ■ C C Section

20.21.250
Automobile Rental ■ A A/C
A
■ A ■ A A/C
A
Section

20.21.410
Truck and Trailer Rental ■ ■ ■ ■ C Section

20.21.410
Vehicle Parts and Accessories Sales P P ■ P P
Automobile, Light Truck and Van
Cleaning
■ C ■ C C
Bus and Large Truck Cleaning ■ ■ ■ ■ ■
Vehicle Repair and Maintenance ■ A ■ C A A Section

20.21.240
50 ORDINANCE NO. 2025-003

Page 3 of 7 ends

Uses
Zoning Districts Additional
Regulations CN CG CO CR CS
Bus and Large Truck Repair and
Maintenance
■ ■ ■ ■ C
Paint or Auto Body Repair ■ C ■ ■ C
Vehicle Towing Service ■ ■ ■ ■ P
Gas and Service Stations C P C P P Section

20.21.230
Eating and Drinking Establishments
Restaurant P P C P P C P
Restaurant, Drive-Thru Facility C P C P P C P Section

20.21.170
Bars, Nightclubs and Lounges ■ C ■ C C Section

20.21.280
Cigar Lounges, Vape Lounges and
Hookah Bars
■ C ■ C C Section

20.21.320
Microbrewery and Microdistillery ■ C ■ C C 20.21.270 Banquet Facilities ■ C A ■ C P C A
Transient Occupancy
Bed and Breakfast ■ C ■ C ■
Hotels and Motels ■ C P C P C P ■
Commercial Services
Offices, Professional/Business P P P P P
Offices, Service P P P P P
Personal Services P P C P P P
Personal Services, Restricted ■ ■ ■ ■ C
Tattoo and Piercing Establishment ■ ■ ■ ■ P
Business Support Services P P P P P
Banks, Retail P P P P P
Check Cashing Services ■ ■ ■ ■ C Section

20.21.300
Payday Advance Services ■ P ■ P P
Cyber Cafes ■ C ■ C C Section

20.21.310
Day Spas ■ C C C ■
Massage Establishments C C C C C Chapter 5.24
Funeral Parlors, Mortuaries and
Crematories
■ C ■ ■ C
Fortunetelling ■ P ■ ■ P
Entertainment-Related Services
Motion Picture Production and
Distribution Services
■ C C C C
Recording Studios ■ P ■ P P
Broadcasting Studios ■ C C C C
Recreational Uses
Commercial Recreation ■ C A ■ A C P ■ A
Golf Courses, Miniature ■ C ■ C ■
Parks and Recreational Facilities P P P P P
Sports Stadium or Arenas ■ ■ ■ C ■
51 ORDINANCE NO. 2025-003

Page 4 of 7 ends

Uses
Zoning Districts Additional
Regulations CN CG CO CR CS
Amusement or Theme Park ■ ■ ■ C ■
Industrial
Manufacturing and Processing
Manufacturing and Processing, Light ■ ■ ■ ■ P
Food Preparation ■ P ■ P P
Recycling
Recycling Facilities, Small Collection A A ■ A A Section

20.21.360
Recycling Facilities, Large Collection ■ ■ ■ ■ ■ Section

20.21.360
Recycling Facilities, Reverse Vending
Machines
A A ■ A A Section

20.21.360
Warehousing and Storage
Warehousing, Very Light (<25,000 sq
ft)
■ ■ ■ ■ P
Outdoor Storage, Incidental A A A A A Section

20.21.200
Outdoor Storage, as a Primary Use ■ ■ ■ ■ ■ Section

20.21.200
Other Industrial
Equipment Rental and Sales, Light
Equipment
■ C ■ C P Section

20.21.220
Transportation, Communications
and Utilities

Transportation Terminals ■ C C C C
Parking Facilities ■ C C C C
Utilities, Major C C ■ C C
Utilities, Minor C C C C C
Communications Facilities, Minor A A A A A Chapter 20.22 Communications Facilities, Major C C C C C Chapter 20.22 Solar Panels, Incidental A A A A A Section

20.10.070
Wind Turbines, Incidental ■ ■ ■ C ■ Section 20.22
Agricultural Uses, Activities and
Facilities

Crop Cultivation A A A A A Section

20.21.020
Agricultural Product Stands I I I I I Section

20.21.020

Section 2. Table 20.07-1 of the Chino Municipal Code is hereby revised as follows with the remainder of the Table remaining unchanged (additions in bold red; deletions in strikethrough):

TABLE 20.07-1 LAND USE REGULATIONS FOR INDUSTRIAL ZONING DISTRICTS Uses
Zoning Districts Additional
Regulations BP M1 M2 AD
52 ORDINANCE NO. 2025-003

Page 5 of 7 ends

Commercial Uses
Retail
Vehicle Sales Office P P P ■
Transient Occupancy
Hotels and Motels ■ C ■ C ■ C P C

Section 3. Section 20.23.100 of the Chino Municipal Code is hereby revised as follows (additions in bold red; deletions in strikethrough):

20.23.100 – Variances

A. Minor Variance.

1. Purpose and Intent. The purpose of the minor variance procedure is to provide a method whereby minor departures from the strict application of the development standards contained in this Zoning Code is permitted, when the strict application of such would deprive a property a development right possessed by other property in the same zone and vicinity.

2. Applicability.

a. When the strict and literal interpretation, and enforcement of this Zoning Code would result in practical difficulties, unnecessary hardships, or results inconsistent with the general purpose of this Zoning Code, the Director of Community Development shall have the authority to grant a variance from the provisions of this Zoning Code, provided that the addition will not result in a deviation of more than 25 50 percent from a measurable standard. In no case, however, shall a variance be granted which authorizes a use, activity or property right that is not expressly permitted by this Zoning Code.

B. Major Variance.

1. Purpose and Intent. The purpose of the major variance procedure is to provide a method whereby departures from the strict application of the development standards contained in this Zoning Code is permitted, when the strict application of such would deprive a property a development right possessed by other property in the same zone and vicinity.

2. Applicability

a. When the strict and literal interpretation, and enforcement of this Zoning Code would result in practical difficulties, unnecessary hardships, or results inconsistent with the general purpose of this Zoning Code, the Planning Commission shall have the authority to grant a variance from the provisions of this Zoning Code, if the addition will result in a deviation of more than 25 50 percent from a measurable standard. In no case, however, shall a variance be granted which authorizes a use, activity or property right that is not expressly permitted by this Zoning Code.
53 ORDINANCE NO. 2025-003

Page 6 of 7 ends

Section 3. Section 20.24.020 of the Chino Municipal Code is hereby revised as follows with the remainder of the section remaining unchanged (deletions in bold strikethrough):

20.24.020 – Definitions

Personal Services, Restricted. An establishment other than a professional office that provides services as a primary use which are typically limited by specific use attributes or appearance, including but not limited to tattoo parlors, body piercing, pawnshops, spas and hot tubs for hourly rental, massage establishments, and adult oriented businesses as defined in Title 5 of the Municipal Code.

Section 6. The City Council finds that this Ordinance is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15061(b)(3), Common Sense Exemption, in that it can be seen with certainty that there is no possibility for this action to have a significant effect on the environment, and individual development applications will be reviewed under CEQA as they are proposed.

Section 12. Severability.

If any section, subsection, sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any person or circumstances, is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or application, and to this end the provisions of this ordinance are declared to be severable. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional.

Section 13. This Ordinance shall be in full force and effect thirty (30) days after its second reading and adoption.

Section 14. Certification. The City Clerk of the City of Chino shall certify to the passage and adoption of this Ordinance and shall cause the same to be published in the Chino Champion, a newspaper of general circulation, within said City in accordance with the provisions of the Government Code.

PASSED, APPROVED AND ADOPTED THIS 1
ST DAY OF JULY 2025.

By:

EUNICE M. ULLOA, MAYOR

ATTEST:

By:

NATALIE GONZAGA, CITY CLERK

54 ORDINANCE NO. 2025-003

Page 7 of 7 ends

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) §

CITY OF CHINO )

I, Natalie Gonzaga, City Clerk of the City of Chino , do hereby certify that the foregoing Ordinance was duly adopted by said City Council at a regular meeting held on the 1st day of July 2025 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

By:

NATALIE GONZAGA, CITY CLERK
55 MEMORANDUM

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

CITY COUNCIL MEETING DATE: JULY 1, 2025

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

SUBJECT
..titl e
Award Professional Services Agreement for Building Plan Check Services. ..end

RECOMMENDATION
Award a Professional Services Agreement to Building Code Services, Inc. (B CS), Irvine, CA, at a fixed rate of $85 per hour for all disciplines for building plan check and related services for a term not to exceed five years and authorize the City Manager to execute all necessary documents on behalf of the City.
..body

FISCAL IMPACT
Funds of $325,000 have been allocated in the Fiscal Year 2025-26 Budget for these services.

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

Revenue: 1006300-56350

Expenditure: 1006300-43570
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 56 CITY COUNCIL MEETING DATE: JULY 1, 2025
TITLE: AWARD PROFESSIONAL SERVICES AGREEMENT FOR BUILDING PLAN CHECK SERVICES.

PAGE: 2

BACKGROUND
The Development Services Department provides timely and professional plan review and inspection services to ensure that construction in the City complies with all applicable municipal and state code requirements. The Department fulfils its building plan check responsibilities through a combination of in -house staff and contract services. In -house staff reviews plans that involve limited engineering (e.g., room additions, accessory dwelling units, block walls, minor tenant improvements, patio covers, swimming po ols, solar systems, etc.), while contract plans examiners and engineers are utilized for projects involving more complex structural, electrical, plumbing and mechanical engineering (e.g., new residential tracts, concrete tilt -up buildings, commercial const ruction, large tenant improvements, etc.). The supplementation of in -house plan check services with contract services allows the Department to ensure that its customers benefit from a plan check process that is efficient, consistent and cost-effective.

ISSUES/ANALYSIS
On April 17, 2025, the City released Request for Proposals (RFP) No. 2025 -0008 for Building Plan Check Services on PlanetBids. Fourteen (14) proposals were received by the closing date.

Fee proposals were submitted in separate sealed files. Staff evaluated the proposals based on the following weighted criteria:
 Experience/Qualifications: 20%
 Past Performance/References: 20%
 Plan Methodology/Project Approach: 30%
 Quality and Responsiveness of Proposal: 15%
 Cost Evaluation: 15%
Following evaluation, Building Code Services Inc. received the highest average score and is recommended for contract award.

Evaluation Results:

Ranking Vendor
1 Building Code Services Inc.
2 Bureau Veritas North America, Inc.
3 JAS PACIFIC
4 CSG Consultants, Inc.
5 RKA Consulting Group
6 JLee Engineering, Inc
7 4LEAF, Inc.
8 Transtech Engineers, Inc.
9 West Coast Code Consultants, Inc.
10 BPR Consulting Group
11 Shums Coda Associates, Inc
12 Yao Engineering, Inc.
13 T.P.I. Building Code Consultants
14 FEI ASSOCIATES CONSULTING ENGINEERS
57 CITY COUNCIL MEETING DATE: JULY 1, 2025
TITLE: AWARD PROFESSIONAL SERVICES AGREEMENT FOR BUILDING PLAN CHECK SERVICES.

PAGE: 3

Staff recommends the City Council award a contract at a fixed rate of $85 per hour for all disciplines for building plan check and related services for a term not to exceed five year s and authorize the City Manager to execute all necessary documents on behalf of the City.

Attachment – Building Code Services Inc. Agreement

58 Project Name/No.: ________________ Contract No.: ______________ Project Manager: ________________ Approved: ______________

01225.0001/863604.2 (Long Form)

AGREEMENT FOR SERVICES

BETWEEN THE CITY OF CHINO AND
BUILDING CODE SERVICES, INC.

THIS AGREEMENT FOR SERVICES (herein “Agreement”) is made and entered into this 1 st day of July 2025 (“Effective Date”) by and between the City of Chino, a California municipal corporation (“City”) and Building Code Services, Inc. ( “Consultant”). City and Consultant may be referred to individually as “Party” or collectively as “Parties.”

RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.

B. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.

C. Pursuant to the City of Chino’ s Municipal Code, City has authority to enter into and execute this Agreement.

D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “ Scope of Services ” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For 59 01225.0001/863604.2 2
purposes of this Agreement, the phrase “ highest professional standards ” shall mean those standards of practice recognized by one or more first -class firms performing similar work under similar circumstances.

1.2 Consultant’s Proposal.

The Scope of Services shall include the scope of work included in Consultant ’s proposal, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Law.

Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with , all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.

1.4 California Labor Law.

If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code S ection 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq. , and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws, as they pertain to such work, including the following requirements:
(a) DIR Monitoring and Enforcement . The public work and/or maintenance work performed under this Agreement shall be subject to compliance monitoring and enforcement by the Department of Industrial Relations (“DIR”) . Consultant shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages . Consultant shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Consultant acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem wages, and Consultant shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages . Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. 60 01225.0001/863604.2 3
(d) Payroll Records . Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to:
keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations T itle 8, S ection 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. (f) Eight-Hour Work Day. Consultant acknowledges that eight (8) hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810.
(g) Penalties for Excess Hours . Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to the City, forfeit twenty -five dollars ($25) for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.

Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. By executing this Agreement, and in accordance with the provisions of California Labor Code Section 1861, Consultant certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
(i) Consultant’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Consultant shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract 61 01225.0001/863604.2 4
with any subcontractor for work under this Agreement. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

1.5 Licenses, Permits, Fees and Assessments.

Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement.

Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant ’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes , penalties or interest levied, assessed or imposed against City hereunder.

1.6 Familiarity with Work.

By executing this Agreement , Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant ’s risk until written instructions are received from the Project Manager.

1.7 Software and Computer Services.

If the Scope of Services includes the provision and/or installation of any software, computer system, or other computer technology, Consultant represents and warrants that it has inspected the City’s current infrastructure, equipment, computer system and software and that the software, computer system, or other computer technology provided and/or installed by Consultant under this Agreement is compatible, and shall be fully functional, with such infrastructure, equipment, computer system and software of the City. Consultant acknowledges that the City is relying on the representation by Consultant as a material consideration in entering into this Agreement.

1.8 Care of Work.

The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be 62 01225.0001/863604.2 5
responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.

1.9 Further Responsibilities of Parties.

Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.

1.10 Additional Services.

City shall have the right , subject to state law and the City’s Municipal Code, at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Project Manager to the Consultant , incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant . Any increase in compensation for extra work shall require the approval of City Council unless the City Council has previously authorized the City Manager to approve an increase in compensation and the amount of the increase does not exceed such authorization. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

1.11 Special Requirements.

Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “ Special Requirements ” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “ Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Four Hundred Twenty-Five Thousand Dollars ( $425,000.00) 63 01225.0001/863604.2 6
per an num (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.

2.2 Method of Compensation.

The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant ’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks , (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.

2.3 Reimbursable Expenses.

Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Project Manager in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City.

Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.

2.4 Invoices.

Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’ s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement . Consultant shall not invoice City for any duplicate services performed by more than one person.

All invoices shall be submitted by email to [email protected]. Each invoice is to include:
(a) Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
(b) Line items for all materials and equipment properly charged to the Services.
(c) Line items for all other approved reimbursable expenses claimed, with supporting documentation.
(d) Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. (e) If this Agreement requires prevailing wages, per Section 1.4 of the Agreement, all invoices shall include a copy of Consultant’s Certified 64 01225.0001/863604.2 7
Payroll and proof that Certified Payroll has been submitted to the DIR.

Consultant shall also submit a list of the prevailing wage rates for all employees and subcontractors providing services under this Agreement, as applicable, with Consultant’s first invoice. If these rates change at any time during the term of the Agreement, Consultant shall submit a new list of rates to the City with its first invoice following the effective date of the rate change.

City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty- five (45) days of receipt of Consultant ’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.5 Waiver.

Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.

2.6 Contingency of Funds.

Consultant acknowledges that funding or portions of funding for this Agreement may be contingent upon State budget approval; receipt of funds from, and/or obligation of funds by the State of California to City; or inclusion of sufficient funding for the services hereunder in the budget approved by Chino City Council for each fiscal year covered by this Agreement. If such approval, funding or appropriations are not forthcoming, or are otherwise limited, City may immediately terminate or modify this Agreement without penalty.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance.

Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant , extensions to the time period(s) specified in the 65 01225.0001/863604.2 8
Schedule of Performance may be approved in writing by the Project Manager but not exceeding one hundred eighty (180) days cumulatively.

3.3 Force Majeure.

The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant , including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City , if the Consultant shall within ten (10) days of the commencement of such delay notify the Project Manager in writing of the causes of the delay. The Project Manager shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Project Manager such delay is justified. The Project Manager ’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant ’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services , which shall be no later than June 30, 2030, except as otherwise provided in the Schedule of Performance (Exhibit “D”).

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Consultant.

The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:

Donna Caraig President
(Name) (Title)

Geraldo Caraig Vice President
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.

Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant , and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the 66 01225.0001/863604.2 9
foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant ’s staff and subcontractors, if any, assigned to perform the services required under this Agreement.

Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Consultant.

Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant ’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant ’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City ’s employees. Consultant expressly waives any claim Consultant may have to any such rights.

4.3 Project Manager.

The Project Manager shall be the Director of Development Services or any other person as may be designated by the Project Manager. It shall be the Consultant’s responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Project Manager .

Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager . The Project Manager shall have authority, if specified in writing by the City Manager , to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Consultant.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant , its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City . City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.
67 01225.0001/863604.2 10

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Consultant , its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City . In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City . Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant , taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages.

Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance . Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance . Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance . Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. 68 01225.0001/863604.2 11
(d) Workers’ compensation insurance . Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.
(a) Proof of insurance . Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement . City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage . Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non - contributory basis for the benefit of City before the City’s own insurance or self -insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
69 01225.0001/863604.2 12
(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract provisions (non -estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non- compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting . Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancellation . Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status . General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations . None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause . Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements 70 01225.0001/863604.2 13
of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications . The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions . Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self -insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims . Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance . Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents ( “Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant ’s or indemnitors’ reckless or willful misconduct, or arising from Consultant ’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City , its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City , its officers, agents, and employees harmless therefrom;
71 01225.0001/863604.2 14
(c) In the event the City , its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City , its officers, agents or employees, any and all costs and expenses incurred by the City , its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys ’ fees.

Consultant shall incorporate similar indemnity agreements with its subcontra ctors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City ’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City ’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional . The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Consultant shall keep, and require subcontractors to keep, such ledgers , books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “ books and records ”), as shall be necessary to perform the services required by this Agreement and enable the Project Manager to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Project Manager shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

Consultant shall periodically prepare and submit to the Project Manager such reports concerning the performance of the services required by this Agreement as the Project Manager shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant 72 01225.0001/863604.2 15
agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Project Manager of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant , its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Project Manager or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant , and Consultant ’s guarantee and warranties shall not extend to such use, re use or assignment . Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein.

All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “ works made for hire ” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant . Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Project Manager.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Project Manager or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. 73 01225.0001/863604.2 16
(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of San Bernardino, State of California.

7.2 Disputes; Default.

In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant ’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

7.3 Retention of Funds.

Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City , and (ii) all amounts for which City may be liable to third parties, by reason of Consultant ’s acts or omissions in performing or failing to perform Consultant ’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear 74 01225.0001/863604.2 17
to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Waiver.

Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.

Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non- defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

7.5 Rights and Remedies are Cumulative.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

7.6 Legal Action.

In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.

7.7 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Consultant and its sureties shall be liable for and shall pay to the City the sum of Zero Dollars ($0) as liquidated damages for each working day of delay in the performance of any service required hereunder. The City may withhold from any monies payable on account of services performed by the Consultant any accrued liquidated damages.

7.8 Termination Prior to Expiration of Term.

This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this 75 01225.0001/863604.2 18
Contract at any time, with or without cause, upon thirty (30) days ’ written notice to Consultant , except that where termination is due to the fault of the Consultant , the period of notice may be such shorter time as may be determined by the Project Manager . In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City , the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Project Manager . Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Project Manager thereafter in accordance with the Schedule of Compensation or such as may be approved by the Project Manager , except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non -terminating party with the opportunity to cure pursuant to Section 7.2.

7.9 Termination for Default of Consultant.

If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

7.10 Attorneys’ Fees.

If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney ’s fees. Attorney’s fees shall include attorney ’s fees on any appeal, and in addition a party entitled to attorney’ s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

No officer or employee of the City shall be personally liable to the Consultant , or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
76 01225.0001/863604.2 19

8.2 Conflict of Interest.

Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant ’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subc ontractor without the express written consent of the Project Manager . Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision r elating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.

8.4 Unauthorized Aliens.

Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq. , as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys ’ fees, incurred by City.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first -class mail, in the case of the City, to the City 77 01225.0001/863604.2 20
Manager and to the attention of the Project Manager (with her/his name and City title), City of Chino, 13220 Central Avenue, Chino, California 91710 and in the case of the Consultant , to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy -two (72) hours from the time of mailing if mailed as provided in this Section.

9.2 Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

9.3 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

9.4 Integration; Amendment.

This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.5 Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

9.6 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of 78 01225.0001/863604.2 21
“financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.

Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Consultant’s Authorized Initials _______

9.7 Corporate Authority.

The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
79 01225.0001/863604.2 22
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF CHINO, a municipal corporation

Linda Reich, City Manager
ATTEST:

Natalie Gonzaga, City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:

ALESHIRE & WYNDER, LLP
_____________________________
Fred Galante, City Attorney Warren Morelion, AICP
Director of Development Services

CONSULTANT:

BUILDING CODE SERVICES, INC.

By:

Name: Donna Caraig
Title: President
By:

Name: Geraldo Caraig
Title: Vice President
Address: 7154 W State Street, #300
Boise, ID 83714
Two corporate officer signatures required when C onsultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. 80 01225.0001/863604.2 A-1
EXHIBIT “A”

SCOPE OF SERVICES
I. Consultant will perform the Services described in Consultant’s Proposal, attached hereto as Exhibit A-1 (the entirety of which is on file with the Development Services Department).

II. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the Cit y until found satisfactory and accepted by City.

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B U I L D I N G C O D E S E R V I C E S , I n c
P a r t n e r i n g , c o l l a b o r a t i n g , s e r v i n g Section C1: COVER LETTER | LETTER OF INTRODUCTION
Mr. Basel Badawi
Building Official
Development Services
City of Chino, CA
Dear Mr. Badawi,
Please find our proposal in response to the City of Chino’s RFP# 2025-0008 for Building Plan Check Services. Our primary contact and office information is:

Donna Caraig, President
Building Code Services, Inc
5319 University Dr #100
Irvine, CA 92612
714.609.7867
[email protected]
Building Code Services Inc., being a decades-long partner with the City of Chino, has had the unique ability to integrate the City’s development goals and priorities. We have proficiently incorporated the Accela/EPR system into our review process to provide a seamless service to the City.

We are a company that is comprised of highly experienced licensed and technical professionals with a proven record of excellent service in the field of code review as applied to the built environment. Representing BCSi in day-to-day operations will be Gerald Caraig, Principal Engineer, and Donna Caraig , Administrator. Key technical staff serving the City will be Civil Engineers Gerald Caraig and Dick Manaloto, Mechanical/Plumbing Engineer T amer Luca, and Certified Electrical Reviewers Scott Davis and Mark Smith. All BCSi technical staff have extensive municipal Building & Safety experience and are keen on development processes. Additional professional staff are available as needed to address any magnitude or complexity of work. BCSi accepts the terms and conditions in the RFP and Professional Services Agreement, including acknowledgment of receipt of all amendments and/or addenda to the RFP.

This proposal shall remain valid for a period not less than 120 days from the date of submittal. BCSi attests that all information submitted with the proposal are true and correct.

Respectfully,
Donna Caraig
President
BCSi
EXHIBIT "A-1"
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P a r t n e r i n g , c o l l a b o r a t i n g , s e r v i n g SECTION C4: PLAN METHODOLOGY | PROJECT APPROACH
Understanding and Approach

1. The City will assign plans via the Accela/EPR system for review on an as needed basis. Assigned plans will
be reviewed for code conformance per BCS
proprietary review protocols. The result of which will be provided via a report coordinated and relayed
to the City electronically.

2. Projects are logged in and assessed for
completeness and complexity . Log data comprise
of: Project information, dates transmitted, status of
review, City special instructions, etc.

3. The project is assigned to plan reviewers with
appropriate experience/technical proficiency .

Major projects are reviewed by a team that
comprise of Building/Structural and MEP.

4. A report is generated by each reviewing discipline
with quality control afforded depending on project
complexity. The report s are then packaged
accordingly and transmitted back to the City
electronically.

5. Resubmittals are processed in the same manner until
the project is recommended for approval.

6. Email correspondence is provided with the
completion of each review notating status, special
circumstances, and billable hours.

7. Billing is invoiced on a monthly basis.

8. Appeals, Alternate Means and Methods,
interpretations, variances, are reviewed and
findings/recommendations prepared. The Building
Official is apprised and provides direction.

9. The Plan Review team attends training on an annual
basis as a minimum via CALBO education week,
seminars, and certification studies. It is a state
mandate that a minimum number of hours be
accrued for code education to maintain proficiency
and certifications.

10. BCS has bee n able to accommodate all imposed
work loads in the 22 years of serving the City. Our
team can expand as needed to address fluctuating
work loads effectively while maintaining quality.

11. All telephone calls are returned by end of business day or at maximum within 24 hours.

12. BCSi has used EPR, BlueBeam Revu , Acrobat,
Sharepoint, One Drive, and other large file
managing software to review and collaborate with
the City’s clients.
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P a r t n e r i n g , c o l l a b o r a t i n g , s e r v i n g SECTION C4: PLAN METHODOLOGY | PROJECT APPROACH

CONTINUED
Our approach is consistent, reliable, provable, effective service as evidenced by our work with the City of Chino for the last 22 years.

Consultant(s) selected shall be able to perform complete building plan reviews on a variety of single family residential, multifamily residential, commercial and industrial buildings. The Consultant may be requested to perform complete or partial reviews of projects for compliance with fire and life safety, structural, energy, green code, accessibility, electrical, mechanical and plumbing requirements in accordance with current applicable state and local codes.

All buildings in Chino are required to comply with the current Building Standards contained in California Code of Regulations, Title 24 as well as Chino Municipal Code – local amendments.

The 2022 California Codes with local amendments are currently in effect and will transition to the 2025 California Building Codes in 2026.

Nonstructural plan reviews shall be performed by certified plans examiners. Structural reviews shall be performed by (or under the supervision of) a licensed engineer. Disabled access reviews shall be performed by (or under the supervision of) a CASp certified individual.

1. Consultant responsibilities:
a. Perform building plan checks as needed;
b. Determine that the plans, as submitted, are in
conformance with the Chino Municipal Code and all
adopted codes and standards used by the City;
c. Submit clear and concise corrections via EPR to the
Building Division for distribution to project
applicant/designer.;
d. The estimated turnaround times are as follows but may be extended depending on project magnitude and
complexity:
i. Initial Check - 10 business days
ii. Recheck – 5 business days
iii. Plan Change – 5 business days
iv. Single Family Dwellings – 10 business days
v. Apartments – 10 business days
vi. Tenant Improvements – 10 business days
vii. Commercial/Industrial projects – 15 business days
e. Respond to telephone inquiries from City staff and permit applicants regarding review comments
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B U I L D I N G C O D E S E R V I C E S , I n c
P a r t n e r i n g , c o l l a b o r a t i n g , s e r v i n g f. Perform recheck reviews on projects to ensure plan
corrections have been resolved satisfactorily.
g. Electronically stamp plans “approved” for compliance with applicable codes in EPR.
h. Utilize the City’s Electronic Plan Review processes in coordinating, assigning, and reviewing plans/projects.
i. The City requires Consultant to provide the following minimum review turnaround timeframes (or better) in order to maintain the desired customer service level:
➢ New Single-Family or Multi-Family Dwellings:
1st review = 15 working days
2nd review = 10 working days
3rd or more = 5 working days
➢ New Commercial/Industrial:
1st review = 15 working days
2nd review = 10 working days
3rd or more = 5 working days
➢ Tenant Improvements:
1st review = 10 working days
Subsequent rechecks = 5 working days
➢ Residential Addition/Alterations:
1st review = 10 working days
Subsequent rechecks = 5 working days
Most projects meet these timelines but may be
adjusted based on the magnitude of the project.

2. City Obligations:
a. Upon initial receipt of a request for plan check from project applicant/designer, City shall perform a preliminary review of the plans to ensure that complete plan packages per the applicable City submittal checklist are submitted before forwarding them to the Consultant.
b. Nothing in this agreement shall be construed to obligate City to provide any work to the Consultant. City reserves the right, at its sole discretion, to assign plans for checking to Consultant, to perform plan checks with its own staff, or to assign plans for checking to another consulting firm.
85 01225.0001/863604.2 B-1
EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)

No Special Requirements.

86 01225.0001/863604.2 C-1
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Consultant shall be compensated for the services provided under this Agreement in accordance with the budget and rates provided in Exhibit “C-1”.

II. The City will compensate Consultant for the Services performed upon submission of a valid invoice, as described in Section 2.4.

III. The total compensation for the Services shall not exceed the Contract Sum, as provided in Section 2.1 of this Agreement.
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P a r t n e r i n g , c o l l a b o r a t i n g , s e r v i n g SECTION C6: SEALED FEE PROPOSAL RFP# 2025-0008 BUILDING PLAN

CHECK SERVICES
Fee for services is $85/hour for providing plan check services, including preliminary plan checks, rechecks, revisions, partial plan checks, repetitive buildings and pick-up and delivery of plans. This fee is for all disciplines and inclusive of:

Initial plan review
Plan review fee for repetitive track homes
Recheck #1
Recheck #2
Recheck #3
Partial plan checks and revisions
Plan pickup and delivery Charge (if any)
Other project related activities such as project meetings, consultations, coordination, processing, and the like.
4 hours minimum on an initial project submittal
EXHIBIT "C-1"
88 01225.0001/863604.2 D-1
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services and deliver all work products timely in accordance with direction from the Project Manager.

II. The Project Manager may approve extensions for performance of the services in accordance with Section 3.2.

89 MEMORANDUM

CITY OF CHINO

FINANCE DEPARTMENT

CITY COUNCIL MEETING DATE: JULY 1, 2025

TO: LINDA REICH, CITY MANAGER
FROM: KIM SAO, DIRECTOR OF FINANCE

SUBJECT
..titl e
Annual Contract Renewals and Blanket Purchase Orders.
..end

RECOMMENDATION
Authorize the annual contract amendments or renewals, issue blanket purchase orders, and authorize the City Manager to execute all necessary documents on behalf of the City. ..body

FISCAL IMPACT
Funds for these contracts and blanket purchase orders are included in the Fiscal Year 2025 -26 Operating Budget.

Revenue: Click or tap here to enter text.

Expenditure:

Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 90 CITY COUNCIL MEETING DATE: JULY 1, 2025
TITLE: ANNUAL CONTRACT RENEWALS AND BLANKET PURCHASE ORDERS.

PAGE: 2

BACKGROUND
The City Council has approved the Fiscal Year 2025 -26 Annual Operating Budget for the City.

Included in the budget is the appropriation of funds for the items contained in this report.

ISSUES/ANALYSIS
The City’s current Purchasing Ordinance requires that the City Council approve any contract amendment/renewal or blanket purchase order exceeding $150,000. These items represent routine, annual contract, or purchase orders for the provision of services necessary for City services. All purchases under these contracts or blanket purchase orders will remain subject to the requirements of Chino Municipal Code Section 3.32.130. The consolidated vendor list below reflects contract values for FY 2025-26 and is submitted for City Council approval, effective July 1, 2025:

ANNUAL CONTRACT RENEWALS
NO. VENDOR NAME PURPOSE DEPT. AMOUNT
1 10-8 Retrofit
Provides Police Vehicle-Specific Equipment
Installation and Maintenance Services. This is a
Contract and Blanket Purchase Order.

PW
PD $615,000
2 ACCELA, INC. Provides for Land Development, Code Enforcement and Asset Management Software. DS $255,000
3 ALESHIRE &
WYNDER Provides City Legal Counsel. ALL $1,244,000
4 ATKINSON,

ANDELSON,

LOYA, RUUD,

AND ROMO
Provides Legal Services. HR $200,000
5 BUREAU
VERITAS Provides General Plan Check and Support Services. PW $400,000 6 CANNON
CORPORATION Provides General Plan Check Services. PW $400,000 7 CHINO VALLEY

INDEPENDENT

FIRE DISTRICT
Provides Fire Protection Services. FN $15,000,000
8 CHINO VALLEY

UNIFIED SCHOOL

DISTRICT
Provides School Crossing Guards and Custodial
Services at all CVUSD schools.

AD
CS $500,000
9 CITY OF
ONTARIO – ARC Provides Animal Resource Center (ARC) Services. AD $1,920,000 91 CITY COUNCIL MEETING DATE: JULY 1, 2025
TITLE: ANNUAL CONTRACT RENEWALS AND BLANKET PURCHASE ORDERS.

PAGE: 3

10 CIVICA LAW
GROUP APC Provides Specialized Code Legal Services.

DS
PD
HR
$775,000
11 DYETT & BHATIA,

URBAN &

REGIONAL

PLANNERS
Provides General Plan Consultant Services. DS $462,000
12 GUARANTEED

JANITORIAL
SERVICES, INC.

Provides Restroom/Canopy Cleaning Services at
Public Parks and Window Cleaning Services.

PW
CS $285,000
13 HARDY AND
HARPER, INC.

Provides As-Needed Asphalt Pavement
Repair/Replacement Services. PW $784,000
14 HINDERLITER,

DE LLAMAS &

ASSOCIATES
Provides Sales Tax and Business License Services. FN $200,000 15 INFOSEND
Provides Utility Billing, Online Payment Services, and
Mailing Inserts and Preparation. Contract and Blanket
Purchase Order.

FN
PW
DS
$252,000
16 INLAND EMPIRE

UTILITIES
AGENCY
Provides For the Purchase of Recycled Water, Meter
Equivalent Unit Charges, and Non-Reclaimable
Wastewater Capacity and Volumetric Charges.

Includes Sewage Treatment Services, Operations
and Maintenance Services, and Other Related
Support Services. This is a Contract and Blanket
Purchase Order.

PW $17,000,000
17 J & S STRIPING

COMPANY
Provides Street Striping and Pavement Marking
Services. PW $380,000
18 LANDSCAPE
WEST

MANAGEMENT
SERVICES, INC.

Provides City-wide Public Parks and Facilities
Landscape Maintenance Services. PW $950,000
19 MERCHANTS

LANDSCAPE

SERVICES, INC
Provides Landscape services for Medians in
Landscape Maintenance Districts. PW $710,000
20 MORTON SALT
INC.

Provides Bulk Solar Salt for Water Treatment
Process. PW $650,000
21 SAN

BERNARDINO
COUNTY
Provides access to CLETS system, equipment
recording, call-ID, 800MHZ system access and
maintenance, SB county fire hazard.

PD
DS $201,000
92 CITY COUNCIL MEETING DATE: JULY 1, 2025
TITLE: ANNUAL CONTRACT RENEWALS AND BLANKET PURCHASE ORDERS.

PAGE: 4

22 SAN

BERNARDINO

COUNTY -
FLOOD

CONTROL

DISTRICT
Provides Traffic Signal Maintenance and NPDES
Stormwater Permitting. PW $180,000
23 SAN

BERNARDINO

COUNTY -

INFORMATION
SYSTEMS DEPT.

Provides Radio Communication Systems Access and
Maintenance
PW
PD $655,000
24 SOUTHERN

CALIFORNIA

LANDSCAPE,
INC.

Provides Re-Sodding of Sports Field Services for
Parks. PW $530,000
25 STATE WATER

RESOURCES

CONTROL
BOARD
Provides Permit Fees for Water Facilities, City
Shared Fees and Expenses. PW $200,000
26 SUPERION Provides CADE-RMS Annual Maintenance. PD $300,000 27 THIRKETTLE
CORP.

Provides Water Meters and Annual Software for
Antennas and Maintenance Contract. FN $431,000
28 W.A. RASIC

CONSTRUCTION

COMPANY
Provides Water Distribution System and Wastewater
System Repairs. PW $380,000
29 WEBB

MUNICIPAL

FINANCE
Provides Special Assessment District Consulting
Services.

FN
PW $235,000
30 YUNEX, LLC Provides Annual Traffic Signal Maintenance and Repair Services. PW $1,600,000

ANNUAL BLANKET PURCHASE ORDERS
A blanket purchase order (PO) allows for recurring purchases of goods or services from a vendor over a defined period, up to a specified dollar amount. Rather than issuing individual POs for each transaction, departments can make purchases as needed under the blanket PO, streamlining procurement and increasing efficiency, particularly for high-volume, low-dollar items. These blanket Pos will be effective from July 1, 2025, through June 30, 2026.

VENDOR NAME PURPOSE DEPT. AMOUNT
93 CITY COUNCIL MEETING DATE: JULY 1, 2025
TITLE: ANNUAL CONTRACT RENEWALS AND BLANKET PURCHASE ORDERS.

PAGE: 5

31 AMAZON BUSINESS Provides Supplies for all Departments. ALL $200,000 32 AON RISK

INSURANCE

SERVICES WEST,
INC.

Provides Insurance Broker Services. HR $2,000,000
33 CDI Provides computer hardware, software
maintenance and upgrades. AD $200,000
34 CDW
GOVERNMENT, INC.

Provides computer hardware, software
maintenance and upgrades. AD $400,000
35 CHINO BASIN

DESALTER

AUTHORITY
Provides CDA Water Purchase. PW $6,800,000
36 CHINO BASIN
WATERMASTER Provides Assessment Appropriative Pool. PW $950,000 37 CONVERGEONE,
INC.

Provides Computer Software Maintenance and
Upgrades. AD $400,000
38 CT WEST Provides Traffic Signal Loop Detection Parts & Central System Software. PW $300,000
39 DELL MARKETING Provides Computer Hardware, Software
Maintenance and Upgrades.

AD
PD $660,000
40 ECONOLITE Provides Traffic Signal Cabinets, Parts, and Labor. PW $500,000 41 FERGUSON Provides Software and Parts for Water Meters. PW CS $180,000
42 FLOCK GROUP, INC. Provides Automated License Plate Reader Cameras and Repairs. Police Department PD $300,000
43 GLASSBOX
TECHNOLOGY, INC.

Provides traffic camera equipment for Traffic
Management Center and the Real Time Crime
Center.

PD $300,000
44 GOLDEN STATE

NEWSPAPER
Provides Legal Publications for Bids, Public
Hearings, and Event Ads. ALL $152,000
45 GOVCONNECTION Provides Computer Hardware, Software and Upgrades. AD $400,000
46 INSIGHT

ENTERPRISES
Provides Apple Products, Computers, Software,
and Accessories. AD $400,000
94 CITY COUNCIL MEETING DATE: JULY 1, 2025
TITLE: ANNUAL CONTRACT RENEWALS AND BLANKET PURCHASE ORDERS.

PAGE: 6

47 MOTOROLA
SOLUTIONS, INC. Provides 800 MHz handheld and vehicle radios. PW PD $805,000
48 MYERS & SON

HIWAY SAFETY
Provides Traffic Control Equipment for Citywide
Signage.

PW
CS
PD
DS
$660,500
49 NEXTECH
SYSTEMS, INC.

Provides Proprietary Parts and Supplies for
Lighted Crosswalks and Safety Lights. PW $250,000
50 OFFICE DEPOT Provides General Office Supplies. ALL $181,000 51 PROFORCE
MARKETING INC.

Provides Law Enforcement Equipment and
Supplies. PD $200,000
52 SC FUELS Provides Fuel for City Fleet. PW $1,075,000 53 SHI

INTERNATIONAL
CORP.

Provides Computer Hardware and Software, and
Upgrades. AD $400,000
54 SIDEPATH Provides Computer Software, Hardware Data
Storage and Support. AD $1,500,000
55 SOFTWAREONE Provides Software Maintenance and Upgrades for IT. AD $400,000
56 T.R.L. SYSTEMS,
INC.

Provides Computer Hardware, Software, and
Upgrades. AD $300,000
57 TYLER

TECHNOLOGIES
Provides Custom Programming, Software
Licenses, Training, and Maintenance for the Munis
Financial System.

AD $300,000
58 VERIZON WIRELESS Provides Network Services for Cellular Phones, Laptop and other Wireless Services.

AD
CS $265,000
59 WATER FACILITIES
AUTHORITY Provides Imported Water. Public Works PW $5,500,000 60 WAXIE
ENTERPRISES Provides Custodial Supplies. CS
FN $190,000
61 WESTERN AUDIO
VISUAL
Provides Equipment and Repair Services for Audio
and Visual Equipment.

AD
PW
PD
$395,000
95 CITY COUNCIL MEETING DATE: JULY 1, 2025
TITLE: ANNUAL CONTRACT RENEWALS AND BLANKET PURCHASE ORDERS.

PAGE: 7

62 WESTERN

SYSTEMS
Provides Traffic Signal Battery Backup Parts &
Labor PW $300,000

96 MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: JULY 1, 2025

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

SUBJECT
..titl e
Amendment to Subdivision Improvement Agreement for Tract Map No. 20161 in The Preserve.

..end

RECOMMENDATION
1) Approve an amendment to the Subdivision Improvement Agreement with Chino Preserve Development Corporation, a California limited liability company, for Tract Map No. 20161 to incorporate provisions for compliance with Fill Dirt and Release Agreement with th e Orange County Flood Control District for the Pine Avenue Stage 3 Project; and 2) authorize the City Manager to execute all necessary documents on behalf of the City. ..body

FISCAL IMPACT
There is no direct fiscal impact.

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

Revenue: Click or tap here to enter text.

Expenditure:

Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 97 CITY COUNCIL MEETING DATE: JULY 1, 2025
TITLE: AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP NO. 20161 IN THE PRESERVE.

PAGE: 2

BACKGROUND
On August 5, 2019, the Planning Commission approved Chino Preserve Development Corporation’s application for PL18-0010 (Master Site Approval) and PL18-0011 (Tentative Tract Map No. 20161), an “A” level subdivision for conveyance purposes and a master plan allowing up to 494 residential units, referred to as the “Van Vliet Project.” The project site is located south of Bickmore Avenue, north of Pine Avenue, west of Rincon Meadows, and east of future Mayhew Avenue, as shown in Exhibit A of the fully executed Subdivision Improvement Agreement attached hereto.

As part of the Engineering Conditions of Approval (COAs), the developer is required to design and construct phased public improvements to expand the City’s backbone infrastructure. The se improvements include Pine Avenue Stage 3, Storm Drain Line H and related in -tract improvements. Although Pine Avenue Stage 3 was originally conditioned under Tract Map No. 18480 (the Harvest Project), it was subsequently included under the Tract Map No. 20161 COAs to ensure the continuity of development in The Preserve while the City and developer continued to work through the extended process of securing jurisdictional approvals and acquiring the necessary right-of-way for the phased improvements along Pine Avenue.

To satisfy the conditions of Tentative Tract Map approval and ensure timely completion of the required improvements, the City executed a Subdivision Improvement Agreement with the developer and accepted the posting of the required securities. This agreement was approved by the City Council on July 21, 2020.

ISSUES/ANALYSIS
Completion of the Pine Avenue Stage 3 Improvements, which include widening the roadway to four lanes and eliminating the dip between Meadowhouse and Rincon Mead ows Avenues, requires various permits, including Section 404 and 408 permits from the U.S. Army Corps of Engineers (USACE). City staff, in coordination with Ruth Villalobos & Associates (the City’s consultant) and the developer’s consultant team, continue to work toward securing the necessary approvals. Permits are currently anticipated by July 2025 subject to the USACE’s review timeline.

A portion of the project lies within the Prado Dam Reservoir flood inundation area, at an elevation below 566 feet abo ve mean sea level. Raising the roadway as designed will require the import of fill dirt, which in turn reduces the reservoir’s water storage capacity during extreme storm events. To mitigate this impact, the USACE requires that fill material be sourced fro m within the flood inundation area itself.

On April 15, 2025, the City Council approved a Fill Dirt and Release Agreement with the Orange County Flood Control District (OCFCD), authorizing the transfer of 10,820 cubic yards of fill dirt from OCFCD-owned parcels located at the southeast corner Pine and Johnson Avenues. This agreement outlines the terms and conditions governing the use of this fill material for Pine Avenue Stage 3.

Because the developer, and not the City, will be constructing the Pine Ave nue Stage 3 improvements, the existing Subdivision Improvement Agreement for Tract Map No. 20161 must be amended. The amendment incorporates the terms of the Fill Dirt and Release Agreement and assigns compliance responsibilities to the developer.

Therefore, it is staff’s recommendation that the City Council approve Amendment No. 1 to the Subdivision Improvement Agreement for Tract Map No. 20161 to incorporate the provisions of 98 CITY COUNCIL MEETING DATE: JULY 1, 2025
TITLE: AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP NO. 20161 IN THE PRESERVE.

PAGE: 3

the Fill Dirt and Release Agreement, and authorize the City Manager to execute all necessary documents
Attachments:
 Exhibit A - Fully Executed Subdivision Improvement Agreement & Bonds  Exhibit B - Fully Executed Fill Dirt & Release Agreement OCFCD  Exhibit C - Amendment No. 1 Subdivision Improvement Agreement

99 Contract No.: 2( 321 - 07 4
Approval Date: i I zi 1zo # 9

SUBDIVISION IMPROVEMENT AGREEMENT
by and between

CITY OF CHINO
and

CHINO PRESERVE DEVELOPMENT CORPORATION
TRACT MAP NO. 20161
7- 16- 20 Updated 11- 2017
100

SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN

THE CITY OF CHINO
AND

CHINO PRESERVE DEVELOPMENT CORPORATION
TRACT MAP NO. 20161
Agreement Date: July 21st, 2020
Subdivider Name: Chino Preserve Development Corporation Subdivision Description: On August 5, 2019, the Planning Commission of the City approved the Developer' s application for PL18- 0010 ( Master Site Approval) and PL18- 0011 ( Tentative Tract Map No. 20161), an " A" level master plan and subdivision of 44. 13 adjusted gross acres of land and an associated 1.5-acre lot that includes a basin for the development of up to 494 residential units at an overall density of 11. 19 dwelling units per acre.

Tentative Map No.: 20161
Estimated Total Cost of Improvements: $ 12,963, 500. 00 revise per new phasing, and include multiple sections for separate bond amounts
Estimated Total Cost of Monumentation: $ 30, 000. 00 ( based upon the plans, including individual lots, subdivision boundary and public improvements).

Security: The Ohio Casualty Insurance Company
Bond No. 024247174 - Monumentation
Bond No. 024247173 — Pine Ave. Stage 3 Improvements
Bond No. 024247172 — Pine/ Euclid Ave. Improvements
Bond No. 024247171 — Storm Drain Line H
Bond No. 024247170 — In- Tract Van Vliet & Pine Ave. Stage 2 7- 16- 20
101
Designees for the Service of Written Notice:

CITY: SUBDIVIDER:

Chris Magdosku Chino Preserve Development Corporation
City Engineer Attn: Mr. Bryan Goodman
13220 Central Avenue 1156 N. Mountain Avenue
Chino, CA 91710 Upland, CA 91785- 0670
909) 334- 3417 909) 946- 7500
cmagdoskuacityofchino. orq Bryan. Goodman@lewismc. com

CITY PROJECT INSPECTOR SURETY
Isaac Ortega
Permit & Inspection Supervisor
The Ohio Casualty Insurance Company
13220 Central Avenue
Chino, CA 91710
909) 334- 3501
iortegacityofchino. org
7- 16- 20
102

TABLE OF CONTENTS

1. Construction Obligations 2

1. 1 Works of Improvement

1. 2 Other Obligations Referenced in Conditions of Tentative Map Approval

1. 3 Intent of Plans

1. 4 Survey Monuments

1. 5 Performance of Work

1. 6 Changes in the Work

1. 7 Defective Work

1. 8 No Warranty by City

1. 9 Authority of the City Engineer

1. 10 Documents Available at the Site

1. 11 Inspection

1. 12 Compliance with Law; Applicable Standards for Improvements

1. 13 Suspension of Work

1. 14 Erosion and Dust Control and Environmental Mitigation

1. 15 Final Acceptance of Works of Improvement

1. 16 Vesting of Ownership

1. 17 Subdivider' s Obligation to Warn Public During Construction

1. 18 Injury to Public Improvements, Public Property or Public Utility

2. Time for Performance 6

2. 1 Commencement and Completion Dates

2. 2 Phasing Requirements

2. 3 Offsite Improvements Requiring Acquisition of Interest in Land

2. 4 Interim Pine Improvements

2. 5 Force Majeure

2. 6 Continuous Work

2. 7 Reversion to Acreage

3. Labor 7

3. 1 Labor Standards

3. 2 Nondiscrimination

3. 3 Licensed Contractors

3. 4 Workers' Compensation

4. Security 8

4. 1 Required Security

4. 2 Form of Security Instruments

4. 3 Subdivider' s Liability

4. 4 Letters of Credit

4. 5 Release of Security Instruments

5. Cost of Construction and Provision of Inspection Service 11 7- 16- 20
103

5. 1 Subdivider Responsible for All Related Costs of Construction

5. 2 Paymentto City for Cost of Related Inspectionand EngineeringServices

5. 3 Payment of Development Impact Fees

6. Acceptance of Offers of Dedication 12

7. Warranty of Work 12

8. Default 12

8. 1 Default by Subdivider

8. 2 Remedies

8. 3 Notice of Violation

8. 4 Remedies Not Exclusive

8. 5 Attorney' s Fees and Costs

8. 6 Waiver

9. Indemnity/ Hold Harmless 14

10. Subdivider' s Indemnity of Project Approval 15

11. Insurance Requirements 15

12. Environmental Warranty 17

13. General Provisions 18

13. 1 Successors and Assigns

13. 2 No Third- Party Beneficiaries

13. 3 No Vesting Rights

13. 4 Subdivider is Not Agent of City

13. 5 Time of the Essence

13. 6 Notices

13. 7 No Apportionment

13. 8 Severability

13. 9 Captions

13. 10 Incorporation of Recitals

13. 11 Interpretation

13. 12 Entire Agreement; Waivers and Amendments

13. 13 Counterparts

14. Authority 20
7- 16- 20
104

SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT ( this " Agreement") is entered into this 21stday of July, 2020, 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/ Parcel) Map No. 20161, ( 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 Subdividerto 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. Condition 5. 1 of the Development Engineering Division Conditions requires Subdivider to construct certain interim improvements of Pine Avenue between Euclid Avenue and Mayhew Avenue (" Interim Pine Improvements"). Condition 2.27 of the Development Engineering Division Conditions provides that City will design the Interim Pine Improvements. Furthermore, certain rights of way and State and federal environmental permits must be acquired before the Interim Pine Improvements can be constructed.

E. Condition 5. 1 of the Development Engineering Division Conditions also requires Subdivider to construct the Line H storm drain lateral described in Condition 2. 16 of the Development Engineering Division Conditions (" Line H Lateral"). Certain rights of way must be acquired before the Line H Lateral can be constructed.

F. Condition 1. 11 of the Development Engineering Division Conditions requires that Pursuant to Section 66462. 5 of The Subdivision Map Act, if unable to acquire right-of-way, Subdivider shall] enter into an agreement with the City to complete the improvements at such time as the City acquires the right- of- way." The parties intend for this Agreement to satisfy Condition 1. 11.

G. 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 7- 16- 20 1 of 21
105
and facilities, as shown on the Map, are a material consideration to City in approving Final Map No. 20161 for the Propertyand permittingdevelopmentof the Propertyto proceed.

COVENANTS
Based upon the foregoing Recitals which are incorporated herein by reference and in considerationof City's approving the Map for the Property and permitting development of the Propertyto proceed, Subdivideragrees to timely performall of its obligationsas set forth herein.

1. Construction Obligations.

1. 1. Works of Improvement. Subdivider agrees, at its sole cost and expense, to construct or install, or cause to be constructed or installed the street, drainage, domestic water, sanitarysewer, street lighting, landscaping, utility, and other improvementsmore 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 costs for the Works of Improvement is $ 12, 963, 500. 00.

Van Vliet In- Tract and
Bond 1 Pine Stage 2 Improvements $ 6, 861, 500. 00 Milestone: completion within 2 years Milestone: completion within one- year
Bond 2 Storm Drain Line " H" 340, 300. 00 after ROW is acquired Milestone: completion prior to end of
Bond 3 Pine Stage 3 Improvements 4, 028, 400. 00 2021
Milestone: completion one- year after
ROW is acquired and environmental
Bond 4 Pine/ Euclid Improvements 1, 733, 300. 00 permits are obtained

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.
7- 16- 20 2 of 21
106
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 20161 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.

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

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

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

1. 10. Documents Available at the Site. Subdivider shall cause its contractor to keep a copy of all approved Plans at the job site and shall give access thereto to the City' s inspectors and engineers at all times.
7- 16- 20 3 of 21
107

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 authorityto 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 notthe Works of Improvementas performedare in accordancewith the requirementsand intent of this Agreement, including the Plans. If the City inspector requests it, the Subdivider' s contractor, at anytime before acceptanceofthe Worksof Improvement, shall removeor uncover suchportionsof the finishedwork as may be directedwhich have not previouslybeen 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 notwithstandingthat 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 provisionsof this Agreement and the Plans, Subdividershall cause constructionof 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 Improvement in accordance with the City standards in effect at the time of the adoption of the Approved Tentative Map. City reserves the rightto protectthe public safety or welfare or complywith applicableFederal 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 constructionactivitiesshall be performedin a mannerto controlerosionand preventflooding 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.
7- 16- 20 4 of 21
108

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

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

Final acceptance shall not constitute a waiver by the City Engineer of defective work 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 recordationof the Notice of Acceptance, ownershipof the Works of Improvement shall vest in the City.

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

1. 18. Injury to Public Improvements, Public Property or Public Utility. Until recordation of the Notice of Acceptance of the Works of Improvement, Subdivider assumes responsibility for the care and maintenance of, and any damage to, the Works of Improvements. Subdivider shall replace or repair all Works of Improvements, public property, public utility facilities, and surveying or subdivision monuments and benchmarks which are destroyed or damaged for any reason, regardless whether resulting from the acts of the Subdivider, prior to the recordation of the Notice of Acceptance. Subdivider shall bear the entire cost of such replacement or repairs regardless of what entity owns the underlying property. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 7- 16- 20 5 of 21
109
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 recordationof the Notice of Acceptanceof the work or improvements.

2. Time for Performance.

2. 1. Commencement and Completion Dates. Subject to Sections 2. 2, 2. 3, 2. 4, and 2. 5 below, Subdivider shall ( i) commence with construction and installation of the Works of Improvement thirty ( 30) days following City' s approval of the Plans (" Commencement Date"); and ( ii) complete or cause to be completed all of the Works of Improvement within two ( 2) years after the Commencement Date. In the event good cause exists as determined by the City Engineer, the time for commencement of construction or completion of the Works of Improvement hereunder may be extended by up to three ( 3) additional one year periods.

Extensions shall be executed in writing by the City Engineer. The City Engineer in his or her sole discretion determines whether or not the Subdivider has established good cause for an extension. As a condition of such extension, the City Engineer may require Subdivider to furnish new security guaranteeing performance of this Agreement, as extended, in an increased amount to compensate for any increase in construction costs as determined by the City Engineer. If Subdivider requests and is granted an extension of time for completion of the improvements, City may apply the standards in effect at the time of the extension.

2. 2. Phasing Requirements. Notwithstanding the provisions of Section 2. 1, the City reserves the right to control and regulate the phasing of completion of specific Works of Improvement as required to comply with applicable City ordinances, regulations, and rules relating to the timely provision of public services and facilities. In addition to whatever other remedies the City may have for Subdivider' s failure to satisfy such phasing requirements, as the same now exist or may be amended from time to time, Subdivider acknowledges City' s right to withhold the issuance of further building permits on the Property until such phasing requirements are satisfied. Prior to issuance of building permits, Subdivider shall provide satisfactory evidence that all applicable requirements that are a condition to issuance of building permits have been satisfied. Such requirements may include the payment of fees, construction of improvements, or both. Final inspections or issuance of Certificates of Occupancy may be withheld from the Subdivider by the City, if, upon a determination by the City Engineer, completion of specific Works of Improvements or other requirements associated with the development of the Property have not been completed to the City Engineer' s satisfaction.

2. 3. Offsite Improvements Requiring Acquisition of Interest in Land. Notwithstanding Section 2. 1, and pursuant to Section 66463. 5 of the Government Code, if any Work of Improvement will be constructed or installed offsite on land in which neither Subdivider nor City has sufficient title or interest to permit the improvements to be made ( including, but not limited to the Line H Lateral, defined in Recital E), Subdivider shall not be required to commence with construction and installation of such Works of Improvement until thirty ( 30) days following receipt of a written notice from City that City has acquired an interest in the land that will permit the improvements to be made, and the improvements shall be completed within one ( 1) year of such notice or within two ( 2) years after the Commencement Date, whichever occurs later. The time for completion may be extended under the same terms as provided in Section 2. 1. This Section

2.3 does not apply to Works of Improvement that are necessary to assure replacement or 7- 16- 20 6 of 21
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construction of housing for persons and families of low or moderate income, as defined in Section50093 of the Health and Safety Code.

2. 4. Interim Pine Improvements. Notwithstanding Section 2.1 or 2.3, Subdivider shall complete the construction of the Interim Pine Improvements ( as defined in Recital D) within one 1) yearfollowingreceiptof a writtennoticefromthe Citythat Cityhasacquiredinterestin the land required for such improvements, or Subdivider's receipt of all required state and federal permits to construct such improvements, or Subdivider' s receipt of completed designs for such improvementsfromCity, whicheveroccurslast; providedthatCityandSubdividershalldiligently pursuereceiptof all necessarypermitsforthe improvements. Thetimefor completionmaybe extended under the same terms as provided in Section 2.1.

2. 5. Force Majeure. Notwithstanding the provisions of Section 2. 1 , 2. 3, or 2. 4, Subdivider' s time for commencement and completion of the Works of Improvement shall be extended for the period of any enforced delay 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 and other public health emergencies, construction- industry- wide inability to procure or general shortage of labor or materials in the regionin which the Propertyis located, construction-industry-wide inabilityto procureequipment or supplies on the open market in the region in which the Property is located, unusual delays resultingfrom transportation, laws, rules, regulationsor orders of a publicagency or other public agency action or inaction ( 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 the City Engineer' s decision shall be final.

2. 6. 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. 7. Reversion to Acreage. In addition to whatever other rights City may have due to Subdivider's failure to timely perform its obligations hereunder, Subdivider recognizesthat 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. In this regard, Subdivider agrees that if the Works of Improvement have not been completed on or before the later of two (2) years from the date of this Agreement or within the time allowed herein, whichever is the later, and if City thereafter initiates proceedings to revert the Property to acreage, pursuantto GovernmentCode Section 66499.16, Subdividerhereby consentsto such reversion to acreage and agrees that any improvements made by or on behalf of Subdivider shall not be considered in determining City's authorityto revert the Property to acreage.

3. Labor.
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3. 1. Labor Standards. This Agreement is subjectto, and Subdivideragrees to comply with, all of the applicableprovisionsof the LaborCodeincluding, but not limitedto, the wage and hour, prevailing wage, worker compensation, and various other labor requirements in Division 2, Part 7, Chapter 1, including section 1720 to 1740, 1770 to 1780, 1810 to 1815, 1860 to 1861, which provisions are specifically incorporated herein by reference as set forth herein in their entirety. Subdividershall expressly require compliancewith the provisions of this Section in all agreements with contractors and subcontractors for the performance of the Works of Improvement.

3. 2. Nondiscrimination. In accordancewith the CaliforniaFair Employmentand Housing Act (" FEHA"), California Government Code Section 12940 et seq., Subdivider agrees that Subdivider, its agents, employees, contractors, and subcontractorperforming any of the Works of Improvementshall not discriminate, in any way, against any person on the basis of race, ethnicity, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Subdivider shall expressly require compliance with the provisions of this Section in all agreements with contractors and subcontractors for the performance of this Agreement.

3. 3. Licensed Contractors. Subdivider shall cause all of the Works of Improvement to be constructed by contractors and subcontractors with valid California Contractors' licenses for the type of work being performed. All of Subdivider' s contractors and subcontractors shall obtain a valid City of Chino business license prior to performing any work pursuant to this Agreement.

Subdivider shall provide the City Engineer with a list of all of its contractors and subcontractors prior to initiating any work, and all valid Contractor' s licenses and business licenses issued thereto as a condition of constructing the Works of Improvements.

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

4. Security.

4. 1. Required Security.
a) At the time Subdivider executes this Agreement, Subdivider shall furnish to City the following bonds, letters of credit, instruments of credit ( assignment of deposit account) or other security acceptable to City in its sole and absolute discretion and satisfying the requirements of the applicable provisions of this Section 4 below ( hereinafter " Security Instruments"):
i) A Security Instrument securing Subdivider' s faithful performance of all of the Works of Improvement (" Faithful Performance Security Instrument"), in the amount of$ 12, 963, 500. 00 equal to 100% of the estimated construction cost referenced in Section 1. 1. 7- 16- 20 8 of 21
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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 $ 6, 481, 800. 00 equal to 50% of the estimated construction cost referenced in Section 1. 1.
iii) A SecurityInstrumentguaranteeingthepaymentofthecostofsetting monuments as required in Section 1. 4 in the amount of $ 30, 000. 00 equal to 100% of the cost thereof.

This Agreementshall not be effectivefor any purpose until such Security Instrumentsare suppliedto and approvedby 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 NoticeofCompletion, Subdividershalldelivera SecurityInstrumentwarrantingthe work accepted for a period of one ( 1) year following said acceptance Maintenance and Warranty Security Instrument"), in the amount of 1, 296, 300. 00 equal to 10% of the estimated construction cost set forth in Section

1.1 or a suitable amount determined by the City Engineer.

4. 2. Form of Security Instruments. All Security Instruments shall be in the amounts required under Section 4. 1 ( a) or 4. 1( b), as applicable, shall meet the following minimum requirementsand 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 actingas suretyshall havea minimumratingof A-IX, as rated by the currentedition 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 Instrumentswhich 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 Engineerof the Citythat Subdivideris 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 7- 16- 20 9 of 21
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assigning as security to City all of Subdivider' s interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. d) General Requirements for all Security Instruments. i) Payments under any Security Instruments shall be required to be made ( and, with respect to bonds, litigation shall be required to be instituted and maintained) in the City of Chino, State of California and the Security Instrument shall so provide).
ii) Each Security Instrument shall have a minimum term of one ( 1) year after the deadline for Subdivider' s completing the Works of Improvement, in accordance with Section 2. 1 ( other than Instruments of Credit, which shall have no defined term or expiration date).
iii) Each Security Instrument shall provide that changes may be made in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and without affecting the obligations under such Security Instrument.
iv) If the Subdivider seeks to replace any security with another security, the replacement shall: ( 1) comply with all the requirements for security in this Agreement; ( 2) be provided by the Subdivider to the City Engineer; and ( 3) upon its written acceptance by the City Engineer, be deemed a part of this Agreement. Upon the City Engineer' s acceptance of a replacement security, the former security may 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 7- 16- 20 10 of 21
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thesameamountandhavingthetermsandconditionsasthe initialletterof credit deliveredhereunder, issuedby a financialinstitutionacceptableto Cityas of the date of delivery of the replacementletter of credit.
b) IntheeventofdrawbytheCityona letterof credit, theCitymayelect, in its sole and absolute discretion, to apply any such funds drawn to the obligations securedby suchletterof creditor to holdsuchfundsin an accountunderthe control of the City, with no interest accruing thereon for the benefit of the Subdivider. If the City electsto hold the funds in an accountpursuantto the foregoing, Citymaythereafterat anytimeelectinsteadto applysuchfundsas 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 deliverto City any other documents requested byCityinordertoevidencethecreationandperfectionofCity's securityinterest in such account.

4. 5. Release of Security Instruments. The City shall release all Security Instruments consistentwith GovernmentCode Sections66499.7 and 66499.8, Section19.09.010 of the Chino Municipal Code, and as follows:
a) Cityshall releasethe FaithfulPerformanceSecurityInstrumentand Labor and Materials Security Instrumentwhen all of the following have occurred:
i) Subdivider has made written request for release and provided evidence of satisfaction of all other requirements in this Section 4.5; ii) the Works of Improvement have been accepted;
iii) Subdivider has delivered the Maintenance and Warranty Security Instrument; and
iv) afterpassageof thetimewithinwhichlienclaimsare requiredto be madepursuantto Title3 (commencingwithSection9000) of Part6 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 SecurityInstrumentuntilsuchclaims have been resolved, Subdivider has provideda statutorybond, or otherwiseas requiredby applicable law.
b) City shall release the Maintenanceand Warranty Security Instrumentupon Subdivider' s written request upon the expiration of the warranty period, and settlementof any claims filed during the warranty period. c) The City may retainfrom anysecurityreleased, an amount sufficientto cover costs and reasonable expenses and fees, including reasonable attorney' s fees.

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

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

Subdivider shall compensate City for all of City's costs reasonably incurred in having its 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, includingwithout limitation, charges for applicable penalties and additional required inspections.

5. 3. Payment of Development Impact Fees. Subdivider shall pay Development Impact Feespursuantto and in accordancewith ChinoMunicipalCode Chapter3.45, and in accordance with the DIF Prepayment Agreement for Tract 20161 , if executed by City and Subdivider.

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 regardingsaid acceptanceof 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 Improvementfail 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 reasonablybe determined by the City in the event of emergency, shall commence to repair or replace the same together with any other work which may be damaged or displaced in so doing. Should Subdivider fail to remedy defective material and/or workmanship or make replacements or repairs within the period of time set forth above, City may make such repairs and replacements and the actual cost of the required labor and materials shall be chargeable to and payable by Subdivider. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law.

8. Default.

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

8. 2. Remedies. The City reserves all remedies available to it at law or in equity for a defaultor breach of Subdivider's obligationsunderthis Agreement. The City shall havethe 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 completingthe required improvements. The City may use the sums provided by the securities for the completion of the Works of Improvementin accordancewith the plans. In the event the Subdividerfails to cure any default under this Agreementwithin 20 days after the City mails a notice of such default to the Subdivider and the Subdivider's surety, Subdivider authorizes the Cityto performthe obligationfor which Subdivideris 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. Notice of Violation. The Subdivider' s failure to comply with the terms of this Agreement constitutes Subdivider' s consent for the City to file a notice of violation against all the lots in the Subdivision, or to rescind or otherwise revert the Subdivision to acreage. Subdivider specifically recognizes that the determination of whether a reversion to acreage or rescission of the Subdivision constitutes an adequate remedy for default by the Subdivider shall be within the sole discretion of the City.

8. 4. 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.
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8. 5. 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 prevailingparty in such action, in additionto any other relief which may be granted, shall be entitled to recover its reasonable attorney' s fees and costs. Such attorney' s fees and cost shall include fees and costs on any appeal, and in addition a party entitled to attorney' s fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment.

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

9. Indemnity/ Hold Harmless. City or any officer, employee or agent thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of Subdivider, its agents, employees, contractors and subcontractors in the performance of this Agreement.

Subdivider further agrees to protect, defend, indemnify and hold harmless City, its officials, boards and commissions, and members thereof, agents, and employees from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, acts or omissions of Subdivider, its agents, employees, contractors and subcontractors in the performanceof this Agreement, except for such claims, demands, causes of action, liability or loss arising out of the sole active negligence of the City, its officials, boards, commissions, the members thereof, agents and employees, including all claims, demands, causes of action, liability or loss because of or arising out of, in whole or in part, the design or constructionof the improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said Subdivision, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design and construction of public drainage systems, streets and other improvements. Recordation of the Notice of Acceptance by the City of the Works of Improvements shall not constitute an assumption by the City of any responsibility for any damage or taking covered by this Section. City shall not be responsible for the design or construction of the property to be dedicated or the improvements pursuant to the approved improvement plans or map, regardless of any negligent action or inaction taken by the City in approving the plans or map, unless the particular improvement design was specifically required by City over written objection by Subdivider submitted to the City Engineer before approval of the particular improvementdesign, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design.

After recordation of the Notice of Acceptance, the Subdivider shall remain obligated to eliminate any latent defect in design or dangerous condition caused by the design or construction 7- 16- 20 14 of 21
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defect; however, Subdividershall not be responsiblefor routine maintenance. The provisionsof this paragraphshall remain in full force and effect for ten (10) years following the recordationof the Notice of Acceptance by the City of the Works of Improvements. It is the intent of this section that Subdivider shall be responsible for all liability for design and construction of the improvementsinstalledor work done pursuantto this Agreementand that City shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving or reviewing any work or construction. The improvementsecurityshall not be requiredto cover the provisionsof this Paragraph.

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

Notwithstanding any other provision in this Section 9, Subdivider shall not be liable for defects in designs for the Interim Pine Improvements provided to Subdivider by City.

10. Subdivider's Indemnityof ProjectApproval. Subdividershall defend, indemnify, and hold harmlessthe City and its agents, officers, and employeesfrom 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 notifythe Subdividerof any claim, action, or proceedingand cooperatefully in the defense of any such claim, action, or proceeding. In the event City fails to promptly notify the Subdivider of any claim, action, or proceeding, or if the City fails to cooperate in the defense, the Subdividershall not thereafter be responsibleto defend, indemnify, or hold harmless the City. Nothing in this Section prohibits the City from participating in the defense of any claim, action, or proceeding if City bears its own attorney' s fees and costs and defends the action in good faith. Subdivider shall not be required to pay or perform any settlement unless the settlement is approved by the Subdivider.

11. Insurance Requirements. Subdivider, at Subdivider' s sole cost and expense and for the full term of this Agreement and any extensions thereto, shall obtain and maintain all of the following minimum insurance requirements in a form approved by the City's authorized designee for Risk Management prior to commencing any work:
a) Commercial General Liability policy with a minimum $ 1 million combined single limit for bodily injury and property damage providing all of the following minimum coverage without deductibles:
i) Premises operations; including X, C, and U coverage; ii) Owners' and contractors' protection;
iii) Blanket contractual;
iv) Completed operations; and
v) Products.
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b) Commercial Business Auto policy with a minimum $ 1 million combined singlelimitfor bodilyinjuryandpropertydamage, providingall of the following minimum coverage without deductibles:
i) Coverage shall apply to any and all leased, owned, hired, or non- ownedvehiclesused in pursuitof any of the activities associatedwith this Agreement; and
ii) Any and all mobileequipmentincludingcraneswhich are notcovered under the above Commercial Business Auto policy shall have said coverage providedunder the CommercialGeneral Liability policy. c) Workers Compensationand Employers' Liability policy in accordance with the laws of the State of Californiaand providingcoveragefor any and all employees of the Subdivider:
i) This policy shall provide coverage for Workers' Compensation Coverage A); and
ii) This policy shall provide coverage for $ 1, 000, 000 Employers' Liability ( Coverage B).
iii) 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 whichrequiresevery employerto be insured against liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencingthe performance of the work of this contract."
iv) 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 followingendorsementsare requiredto be madea part of each of the above- required policies as stipulated below:
i) " The City of Chino, its officers, employeesand agentsare hereby added as additional insureds."
ii) " This policy shall be considered primary insurance with respect to any other valid and collectible insurance the City may possess, includingany self- insuredretentionthe City may haveand any other insurance the City does possess shall be considered excess insurance only."
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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 increasethe limit of the insuringcompany." 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.
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 7- 16- 20 17 of 21
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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:
a) Any proceeding or investigation by any federal, state or local governmental b) authority with respect to the presence of any hazardous substance on the property to be dedicated or the migration thereof from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. c) Any claims made or threatened by any third party against City or the property to be dedicated relating to any loss or injury resulting from any hazardous substance; and
d) Subdivider' s discovery of any occurrence or condition on any property adjoining or in the vicinity of the property to be dedicated that could cause the property to be dedicated or any part thereof to be subject to any restrictions on its ownership, occupancy, use for the purpose for which it is intended, transferability or suit under any environmental law.

13. General Provisions.

13. 1. Successors and Assigns. This Agreement shall be binding upon all successors and assigns to Subdivider' s right, title, and interest in and to the Property and any portion thereof.

Subdivider hereby consents to City recording this Agreement as official records of San BernardinoCounty, affectingfee title interestto the Propertyto provide constructivenoticeofthe 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 7- 16- 20 18 of 21
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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.

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.
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13. 8. Severability. If any portion of this Agreementis held invalidby 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 Agreementare 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.

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

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

SIGNATURES ON NEXT PAGE]
7- 16- 20 20 of 21
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IN WITNESS WHEREOF, the City and the Subdivider have caused this Agreement to be executed the day and year first above written.

APPROVED AS TO FORM: APPROVED AS TO CONTENT:
tl
Fred Galante, City Attorney Nicholas iguori, AICP
Director of Development Services

CHINO PRESERVE DEVELOPMENT
CORPORATION:

By:
nature and Date)
Name: Otym eioais.

Please type or print name)
Title: Aaori- t. vf fig,,, it
Please type or' print title)

CITY OF CHINO
11 111P0 .\
Matti' a B. 1, e, City Manager
Dated: 11 .
1h
ATTEST:

By 2.--
Angela bles, City Clerk
Dated: q • s • ZU 2.0
7- 16- 20 21 of 21
125
DocuSign Envelope ID: 2A33ED81- 8E2D- 4F29- 8984- 86B4109B6C59 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:
r DocuSigned by:

Fred Galante; tilAf1' orney Nicholas iguori, AICP
Director of Development Services

CHINO PRESERVE DEVELOPMENT
CORPORATION:

By:
gnature and Date)
Name: 13 Ath-s40-7
Please type or print name)
Title: ./ Ar -,- 4,,
4 Please type or' print title)

CITY OF CHINO
Matthew Ballantyne, City Manager
Dated:

ATTEST:

By
Angela Robles, City Clerk
Dated:
7- 16- 20 21 of 21
126
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 x ; r= ccccsccds e A: i':= c e x ecf> . Gc rr cGs rar— cr oGococr. csocr rcr sYcs crwr , col A notarypublicor otherofficercompletingthis certificateverifiesonly the identityof the individualwho signedthe document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of._- ..._._,• 1ty't Oeintkr't i
On 0K4' 9-` A3- C) N( it fit"( 1r t- Pk.') (-before me, ' Ivy t-il- ---- ----.__ -- -- { Date Here Insert Name and Title of the Officer
personally appeared r_ l, 1 ( 2t` 0 Ma' l_
Name( s) of Signer( s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in his/her/their authorized capacity( ies), and that by his/her/their signature(s) on the instrument the person(s), 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.

TANrA K. NESMITH
Not. ry P bUc- Conform,'
WITNESS my hand and official seal.

San Bernardino County

1.44!;•/' Commission# 2254448
My Cumin_ Expues Aug 16, 2022 h.'
Signature 1.. E"2/ (' 146, 7-., e 1_.
gnature 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: Signer( s) Other Than Named Above:

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

Li CorporateCorporateOfficer — Title( s): I] Corporate Officer — Title( s):

El Partner — Li Limited Li General Li Partner — Li Limited Li General Individual Attorney in Fact Li Individual Li Attorney in Fact Trustee Guardian or Conservator Li Trustee Li Guardian or Conservator Other: Li Other:

Signer Is Representing: Signer Is Representing:

C; c . XK' n‹.: e'; ssr.; G' c' ce.%C,Y{ r; crXXrv" L:'% C>c'. t. Y ` 7';, X'{,` z^ GY%C', c;W, 71. IY., t.. hex.-¢ 2:?_= fG ( 7- X, x.,^ z x; a 2014 National Notary Association• www. NationalNotary. org• 1- 800- US NOTARY( 1- 800- 876- 6827) Item# 5907 01225. 0005/ 645279. 1
127
EXHIBIT " A"
FINAL MAP 20161 LEGAL DESCRIPTION

ALL OF THAT REAL PROPERTY IN THE CITY OF CHINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

TRACT 20161, AS PER MAP FILED IN BOOK , PAGES THROUGH

INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

Specific Legal Description to be inserted at Time of Map Recordation] 01225. 0005/ 645279. 1 A- 1
128
EXHIBIT " B"
TENTATIVE TRACT MAP 20161 WORKS OF IMPROVEMENT
A. Removal of undesirable, dangerous and dead plant materials and roots.

B. All onsite and offsite grading as specifiedon the approvedgrading plan.

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

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

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

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

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

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

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

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

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

L. Street signs at intersections per the City Standards.

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

N. Setting monuments as required by the State Code.

The Subdivider shall also perform all work and furnish all materials necessary, in the opinion of the Director of Development Services or his designee and on his order, to complete the improvements in accordance with the plans and specifications on file as hereinbefore specified, or any changes required or ordered by said Engineer which, in his opinion, are necessary or required to complete this work. 01225. 0005/ 645279. 1 B- 1
129

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E- Mail Sent:

To: M. Staar

DEVELOPMENT ENGINEERING DIVISION CONDITIONS OF APPROVAL TRACT MAP NO. 20161( PL18- 0011)
DATE: 7/ 31110 7/ 1/ 2020 PC MEETING DATE: 8/ 5/ 1-9 Dev Mod: 7/ 20/ 2020 PROJECT DESCRIPTION: MD Residential Development on 44. 13 Gross Acres ( 10 Numbered Lots and 9 Lettered Lots)
PROJECT LOCATION: N/ o Pine, S/ o Bickmore, W/ o Rincon Meadows, and E/ o Mayhew APPLICANT: Lewis Management Corp. PROJECT ENGINEER: M. Khudadatov/ D. Hammer

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. ALL APPLICABLE CONDITIONS FOR TM 17571 SHALL APPLY.

BOLD TEXT ARE REVISED AND NEW CONDITIONS FOR DEVELOPER MODIFICATION# 1.

1. 0 PRIOR TO MAP RECORDATION:

1. 1 Provide a preliminary Title Report no older than 60 days.

1. 2 Submit a preliminary soils report to the project engineer for review and approval in accordance with Government Code, Section 66434. 5.

1. 3a Make the following dedications:

Street Name Distance Direction From C/ L
Meadowhouse Ave ( N) 58' , 58' W , E
Meadowhouse Ave ( N/ o 33' , 33' W , E
Roundabout)
Meadowhouse Ave ( S) 58' , 53' W , E
Hollyhock Ave 30' , 18' W , E
Olive Grove Ave 18' , 30' W , E
Botany St 30' , 30' & 30' , 18' N , S
Channel View St 30' , 30' & 18' , 30' N , S
Desert Holly St 30' , 30' & 30' , 38' N , S
Channel View St ( E & W) 30' , 30' N , S
Sandpiper Ave 30' , 30' W , E
Osprey Ave 30' , 30' W , E
Pine Ave' 65' N

1. Dedicate an easement, for purposes of public access to meandering sidewalk, along north side of Pine Ave frontage.
130
TRACT MAP NO. 20161 2 7/ 31/ 19 Dev Mod 7/ 20/ 2020

1. 3b Provide necessary utility easements with back-up information, to the satisfaction of the City Engineer.

1. 3c Prepare and record necessary drainage easements to implement the project in accordance with drainage law. Width & Location to the satisfaction of City Engineer.

1. 4 Execute a Subdivision Agreement and submit security in an amount acceptable to the City Engineer to guarantee construction of the public improvements listed in 2.0. All security must be accessible to the City at any time and in a form acceptable to the Director of Development Services, pursuant to Government Code, Section 66499.

1. 5 Provide a Monumentation Bond in an amount specified in writing by a Registered Engineer or Licensed Land Surveyor of Record.

1. 6 Submit a list of proposed street names for the interior streets to the Street Naming Committee for name( s) selection.

1. 7 Comply with all applicable requirements of the City Code.

1. 8 Pay all applicable fees pursuant to City Code including, but not limited to, plan check fees.

1. 9 Proposed map shall vacate existing ROW and dedicate new ROW.

1. 10 Comply with all requirements of The Preserve Specific Plan, including but not limited to those indicated in these conditions.

1. 11 In collaboration with the City, acquire right- of- way, drainage easements and all other rights on Pine Avenue and Euclid Avenue as needed to accommodate street widening. Pursuant to Section 66462. 5 of The Subdivision Map Act, if unable to acquire right- of-way, enter into an agreement with the City to complete the improvements at such time as the City acquires the right- of- way.

1. 12 Comply with all requirements of " Trip Generation Assessment", dated August 21, 2018, prepared by Linscott, Law, & Greenspan.

2. 0 PRIOR TO ISSUANCE OF GRADING/ CONSTRUCTION PERMITS FOR THE SUBDIVISION:

2. 1 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. 2 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. 3 Design per City Standards full public improvements for all impacted and interior streets/ facilities in accordance with City Code, Standards and Specifications. Such public 131
TRACT MAP NO. 20161 3 7/ 31/ 19 Dev Mod 7/ 20/ 2020
improvements may include, but not be limited to the following: ( Please coordinate and verify all requirements with the project engineer.)
Street Names
Meadowh Meadowh Meadow Hollyhock
ouse ouse house Ave(@
Ave( N)
1 Ave2 Ave( S)
3 Park) 4

W E W E W E
Curb & Gutter( Offset from Centerline) 43' 43' 18' 18' 31'- 39' W 18' 18' 31'- 39' E
Sidewalk ( Width) 5' 5' _ 5' 5' 5' 5' 5' 5' Asphalt Concrete Pavement on Aggregate Base
Width from Centerline) Full Full Full Full
Width Width Width Width
Asphalt Concrete Overlay
Street Lights X X X X _
Median Island and Landscaping X X
Parkway Landscaping X X X X
Striping and Traffic Controls X X X X
Traffic Signal Interconnect
Conduit System for CATV
Sewer X X X X
Storm Drain X X X X _
Domestic Water X X X X
Recycled Water X X X X
Fire Hydrants as required by CVIFD X X X X
Street Names
Olive Botany St Channel Channel
Grove View St View St
Ave( @ @ E &
Park)
4 Park)
4 W) 5,6

W E N S N S N S
Curb & Gutter( Offset from Centerline) 18' 18' 18' 18' 18' 18' 18' 18' Sidewalk ( Width) 5' 5' 5' 5' 5' 5' _ 5' 5' Asphalt Concrete Pavement on Aggregate Base
Width from Centerline) Full Width Full Width Full Width Full Width Asphalt Concrete Overlay
Street Lights X X X X
Median Island and Landscaping
Parkway Landscaping X X X X
Striping and Traffic Controls X X X X
Traffic Signal Interconnect
Conduit System for CATV
Sewer X X X X
Storm Drain X X X X
Domestic Water X X X X
Recycled Water X X X
Fire Hydrants as required by CVIFD X X X X
132
TRACT MAP NO. 20161 4 7/ 31/ 19 Dev Mod 7/ 20/ 2020
Street Names
Desert Sandpiper Osprey Pine
Holly St Ave' Ave8 Ave' 1

N S W E W E N
Curb & Gutter( Offset from Centerline) 18' 18' 18' 18' 18' 18' 45' Sidewalk ( Width) 5' 5' 5' 5' 5' 5' 13' Asphalt Concrete Pavement on Aggregate Base
Width from Centerline) Full Width Full Width Full Width Half Width Asphalt Concrete Overlay
Street Lights X X X X
MedianIslandand Landscaping
Parkway Landscaping X X X X
Striping and Traffic Controls X X X X
Traffic Signal Interconnect X
Conduit System for CATV X
Sewer X X X
Storm Drain X X X X10
Domestic Water X X X X'
Recycled Water
Fire Hydrants as required by CVIFD X X X X
Other
Street Names
Botany St Bickmore
@ Ave
Park) 4
N S S
Curb & Gutter( Offset from Centerline) 18' 18' 29'
Sidewalk ( Width) 5' 5' 5'
Asphalt Concrete Pavement on Aggregate Base
Width from Centerline) Full Width Half
Width
Asphalt Concrete Overlay
Street Lights X X
Median Island and Landscaping
Parkway Landscaping X X
Striping and Traffic Controls X X
Traffic Signal Interconnect
Conduit System for CATV
Sewer X
Storm Drain X
Domestic Water X
Recycled Water X
Fire Hydrants as required by CVIFD X
Other

1. Bickmore Ave to Botany St.

2. Channel View St to Traffic Circle.

3. Traffic Circle to Pine Ave.
133
TRACT MAP NO. 20161 5 7/ 31/ 19 Dev Mod 7/ 20/ 2020

4. Along Central Park.

5. TerminateChannelView St at west end to the satisfactionof City Engineer.

6. Terminate Channel View St at east end using a cul-de-sac, conforming to City standards.

7. TerminateSandpiperAve at north and south end using a cul-de-sac, conformingto City standards.

8. Join existing curb returns off of Bickmore Ave.

9. Construct 12" domestic water line in Pine Ave, from west tract boundary to MeadowhouseAve, and join existing 12" domestic water line at intersection of Pine Ave and Meadowhouse Ave.

10. Master plan Line H lateral. Dry line from outlet structure at project basin to future manhole at intersection of Pine Ave and Mayhew Ave.

11. Construct Improvements per 2. 27.

2. 4 Obtain design and plan approval from appropriateutility companies for undergroundingall utility lines adjoining and interior to the project, including power lines of 34.5 kV or less, in accordance with City Code, Chapter 13.32.

2. 5 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 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. 6 Pursuant to Santa Ana Regional Water Quality Control Board Order Number R8- 2010- 0036, NPDES Permit No. CAS618036, prepare a project- specific Water Quality Management Plan WQMP) and submit to the project engineer for review and approval. To address NPDES Permit requirements to the maximum extent practicable, the project shall be designed to specify preferential use of Low Impact Development Best Management Practices that reduce pollutants and runoff volume through structural measures ( e. g. infiltration, harvesting, and bio- treatment) and non- structural measures ( e. g. preserving natural areas, clustering development, and reducing impervious areas). The WQMP shall conform to the requirements of the San Bernardino County Stormwater Program, 2013 WQMP Technical Guidance Document.

2. 7 Any future maintenance and repair of fire service 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. 8 Convey ownership of all existing onsite water wells to the City and convert to monitoring wells as directed by the City' s Water Utilities Supervisor. Prepare and record any necessary easements to provide the City with access to the monitoring wells. Any existing water wells that cannot be feasibly converted to monitoring wells shall be destroyed per City Standard No. 465.

2. 9 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.

2. 10 All public street corners shall have a minimum curb radii per City Code, Chapter 19. 06 and City Standards and Specifications.
134
TRACT MAP NO. 20161 6 7/ 31/ 19 Dev Mod 7/ 20/ 2020

2. 11 ProvideadequatesightdistanceperCityStandardNo. 865foreachprojectdrivewayandat all intersections. Landscapingtype and height shall be maintained to ensure sight distance requirements are perpetuated.

2. 12 SubmittotheCityelectronicfiles, inAdobeAcrobatPDFformat, ofallsubmittals, including reports, studies, improvement plans and City redlines of previous submittals.

2. 13 The developeris responsibleto contractwiththe City's designatedtraffic signal maintenance company for ongoing maintenance of traffic signals until such time the improvements are accepted by the City.

2. 14 Testingof existingasphaltsectionswill be requiredto determinestructuralintegrityof road section. If the road sectionis deemedinadequate, the developershall provideplansto replaceexistingroadsectionperSoilsEngineerrecommendation, to thesatisfactionof City Engineer.

2. 15 The owner is responsible for the continued operation and maintenance of perimeter and interiorstreet lights, common area landscaping, and parkwayareas (landscaping, sidewalk).

The project is required to annex the properties into the Preserve Master Maintenance Corporation ( PMMC).

2. 16 Design Line H lateral, which will ultimately dewater the basin, once storm drain Line H is constructed. Lateral shall be capped for future connection to outlet structure at basin.

2. 17 Reconstructcurb ramps to meet ADA requirementsto the satisfaction of City Engineer.

2. 18 Reconstruct all current 4' sidewalk to conform to the current requirement of 5' sidewalks.

2. 19 Until such time that the ultimate downstream storm drain improvements of the Subarea 2 master plan of drainage are constructed. This development shall mitigate its impact to downstream properties by reducing post- developed runoff to 80% of pre- developed runoff peak flow rates. The analysis shall include 2, 5, 10, 25 & 100 year frequency storm events.

Since this project will utilize a basin for this purpose, provisions for emergency overflow, should the basin fail, shall be provided.

2. 20 Provide continuedaccess to the City of Chino over the adjoining propertyowned by the City of Chino, located at the SWC of tract ( site of proposed basin). Enter into an agreement with the City of Chino for ongoing use of and maintenanceof the City of Chino parcel.

2. 21 Design proposed traffic signal interconnect along Pine Ave from westerly tract boundary to join location of existing interconnect at the intersection of Pine Ave and Rincon Meadows Ave.

2. 22 Design 4- lane interim street configuration of Pine Avenue from westerly property line to Rincon Meadows to the satisfaction of City Engineer.

2. 23 Prepare plans to relocate traffic signal at ( main entrance) Meadowhouse Ave and Pine Ave to accommodate ultimate street section. Include a westbound right turn pocket to the satisfaction of City Engineer. Connect to proposed interconnect at project frontage.

2. 24 Design pump station to dewater the WQMP/ Flood Control Basin, to the satisfaction of City Engineer.

2. 25 Comply with all requirements of Pine Ave traffic study. 135
TRACT MAP NO. 20161 7 7/31/ 19 Dev Mod 7/20/2020

2. 26
SubmitPedestrianAccessibilityExhibitforapprovalbyAccessibilityCoordinator.

2. 27
TheCityshalldesignDesignperCityStandardsthefollowingrequiredimprovementson PineAvenuebetweenEuclidandMayhewAvenuestothesatisfactionoftheCityEngineer.

Applicantshallonly receiveDIF creditfor the design--,and constructionof ulte* improvementsidentifiedintheCity's latestDIFNexusStudy:

WidenPineAvenuetoprovidetwowestboundlanes, atwo-wayleftturnlane, andtwo eastboundlane. Providetwowestboundleftturnlanesandtwo northboundrightturn lanesattheEuclidAvenueintersection. Improvementsshallincludebutarenotlimited to ACpavement, curb, gutter, signing, andstriping.

RestripePineAvenuetoincreasethecapacityofthetwowestboundleftturnlanesat the Pine & Euclidintersectionto thesatisfactionof theCity.

C. Installtemporarystripingtoaccommodateatransitionbetweenlaneconfigurationsat Mayhew Avenue.

3. 0
PRIORTOISSUANCEOFBUILDINGPERMITSFORANYLOTWITHINTHESUBDIVISION:

3. 1
RecordTractMapNo. 20161pursuanttotheSubdivisionMapActandinaccordancewith CityCode. ProvideaduplicatephotomylaroftherecordedmaptotheCityEngineer'soffice.

3. 2
Providea certificate, froma RegisteredCivilEngineer, certifyingthatthefinishedgradinghasbeencompletedinaccordancewiththeCityapprovedgradingplan.

3. 3 Pay all applicable fees including, but not limited to, Development Impact Fees ( DIF), fair sharefeesandSewageFacilitiesDevelopmentFee (SFDF) notpreviouslypaidunderItem

1. 0 & 2.0 above, in accordancewith the City Code.

3. 4 DevelopersconstructingPublicImprovementsincludedin the DevelopmentImpactFees Nexusand CalculationReportand correlatingMasterFacilitiesPlan are subjectto the provisionssetforthintheBiddingandContractRequirementsforPublicImprovementsPolicyResolution 2019- 043). The Policy was adopted in conjunction with the comprehensive updateto the ChinoMunicipalCodeChapters3.40 and 3.45 entitledDevelopmentImpact Fees of which, Sections 3. 40. 130( B) and 3. 45. 130( B) of these Chapters establish the requirementsset forth in the Policyand alsothe requirementsfor reimbursement/credits against Development Impact Fees. Please visit the City' s website to obtain copies the updatedOrdinances2019-007and2019-009andPolicy.

3. 5
Thedevelopershallenterintoa "DIFPre-PaymentAgreement" withthecityfor STORM DRAINAGE COLLECTION SYSTEM FACILITIES & CIRCULATIONcategoriesas it pertains to theultimatePineAveimprovementsincludedintheDIFNexusReportfordesign, right-of- way, and construction.

Strikeout— language removed at Planning Commission
136
TRACT MAP NO. 20161 8 7/ 31/ 19 Dev Mod 7/ 20/ 2020

4. 0 PRIOR TO REQUEST AND RELEASE OF ANY OCCUPANCY PERMITS:

4. 1 Construct and secure Development Services Department approval of all required improvements and public facilities enumerated under Section 2. 0 & 3. 0 above ( per Resolution No. 88- 23) except those items addressed in item 5.0, below. Pine Ave improvements ( westerly portion of item 2.22, above) from the westerly tract boundary to the east side of the intersection with Meadowhouse Ave including, but not limited to curb and gutter, paving, street lights, traffic signal ( item 2. 23, above) , traffic signal interconnect conduit ( westerly portion of conduit, item 2.21, above) and landscaping shall be completed prior to any occupancy.

4. 2 Underground all utility lines adjoining and interior to the project, including power lines of

34.5kV or less in accordance with City Code, Chapter 13.32.

4. 3 The applicant' s Civil Engineer shall field verify that all BMPs are designed, constructed, and functional in accordancewith the approvedWQMP. BMPsshall also be inspected by Public Works Environmentalstaff. Coordinateinspectionwith staff and submit a completed City of Chino BMP field verification form for review and approval.

4. 4 Slurry seal along all streets impacted by the constructionof this development as directed by City staff. Install signing and striping per approved plans.

4. 5 Submit to the City, electronic files of Tract/Parcel Map and "as-built" improvement plans in AUTOCAD format and Adobe Acrobat PDF format. AUTOCAD files shall be submitted as an archived zip file of the CAD drawings with all base files attached.

5. 0 COMPLETE PINE AVE. PUBLIC IMPROVEMENTS:

5. 1 Within one year of obtaining right of way from the applicable offsite property owners and obtaining required permits from State and federal agencies, construct and secure Development Services Department approval of all required improvements and public facilities described as follows:

A. Construct Line H storm drain lateral described in item 2. 16, above. ( APNs 1057- 031- 01 and 03)
B. Construct interim Pine Ave street widening between Euclid Ave and Mayhew Ave described in item 2. 27, above. ( APNs 1056- 392- 05 and 06) C. Slurry seal along all streets impacted by the construction of this development as directed by City staff. Install signing and striping per approved plans.

5. 2 Before the end of calendar year 2021, construct and secure Development Services Department approval of all required improvements and public facilities in item 2.22, above. These improvements are generally described as Pine Ave Stage 3. Slurry seal along all streets impacted by the construction of this development as directed by City staff. Install signing and striping per approved plans.

Attachment
137

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

DEVELOPMENT ENGINEERING DIVISION

ITEMS REQUIRED FOR FIRST PLAN CHECK SUBMITTAL
TRACT MAP NO. 20161
PROJECT ENGINEER: M. Khudadatov/ D. Hammer
DATE: 7/ 15/ 19 7/ 1/ 2020

A A COPY OF THIS CHECK LIST MUST BE SUBMITTED WITH THE FIRST PLAN CHECK 1 Copy of Development Engineering Division Conditions of Approval with approved TTM 2 Sets of Maps (Subdivision Only)
2 Copiesof preliminaryTitle Report (no older than sixty days) with support documents (Subdivision Only)
2 Copies of Closure Calculations (SubdivisionOnly)
1 Set of Referenced Maps ( Subdivision Only)
2 Copies of PreliminarySoils Report (no older than sixty days) 2 Copies of lot line adjustment certificate
2 Copies of lot merger
2 Copies of right-of-way dedication
4 Sets of Rough Grading Plans
5 Sets of Precise Grading Plans
4 Sets of Storm Drain Plans
Pine Ave Storm Drain Plans
Backbone/ In- tract Storm Drain Plans
2 Copiesof Hydrologyand HydraulicCalculationswith Backup Data Signed and Sealed by a Registered Civil Engineer)
2 Copiesof EngineeringCost Estimate (On City Forms)with Engineer's Wet Signature and Stamp 3 Sets of Street Improvements Plans
Backbone/ In-tract Street Imp. Plans
Pine Ave Street Imp. Plans
1 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
Backbone/ In-tract Sewer Imp. Plans
3 Sets of Domestic Water Plans
Backbone/ In-tract Water Imp. Plans
2 Sets of Recycled Water Plans
Backbone/ In-tract Recycled Water Imp. Plans
2 Sets of Street Light Plans
Pine Ave Street Light Plans
Bickmore Ave Street Light Plans
Backbone/ In- tract Street Light Plans
Rev. 11/ 19/ 18 MB
138
2 Copies of Voltage Drop Calculations ( Signed and Sealed by a Registered Engineer) 2 Sets of Signing and Striping Plans
Backbone/ In- tract S & S Plans
1 Sets of Traffic Signal Interconnect Plans
Pine Ave IC Plan
2 Sets of Traffic Signal Plans
1 Water Quality Management Plan
1 Submit Accessible Route Plan approved by City Accessibility Coordinator 139
EXHIBIT " C"
FINAL MAP NO. 20161

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 signators hereto have the legal power, right and authority to execute this warranty on behalf of the Subdivider 01225. 0005/ 645279. 1 C- 1
140
and that the signators hereto have sufficient knowledge or expertise, either personally, through reasonable inspection and investigation of the property, or through reasonable reliance upon the investigation and professional opinion of Subdivider' s environmental experts, to make the representations herein, and that no consent of any other party is 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: e .

CHINO PRESERVE DEVELOPMENT CORPORATION
By:

Proof of authorization for Subdivider' s signatures is required to be submitted concurrently with this environmental warranty.
01225. 0005/ 645279. 1 C- 2
141
Liberty Mutual. Liberty Mutual Surety
17771 Cowan, Suite 100• Irvine, California 92614•( 949) 263- 3300SURETY www. iibertymutualsurety. com
Executed in Triplicate
BOND NO. 024247174
120. 00
premium is for a
term of One year( s).

MONUMENTATION BOND

FOR SUBDIVISIONS
KNOW ALL MEN BY THESE PRESENTS, THAT WHEREAS, ChinoPreserveDevelopmentCorporation hereinaftercalledSUBDIVIDER, isthedeveloperof thatcertainsubdivisionknownasVanVliet-Tr20161 andWHEREAS, all monumentshavenotyetbeensetinthepositionsnotedin theproposedFinal Subdivision Map for said subdivision,
NOW, 'I1lEREFORE, we the subdivider as Principal, andthe TheOhioCasualtyInsuranceCompany Legal Title andAddressof Surety)
asSurety. areheld andfirmly bound unto the CityofChino
in the SUMof ThirtyThousandand NO/100
30, 000. 00
lawfulmoneyof theUnitedStates. forthepaymentof whichsumwellandtrulyto bemade, webindourselves, ourheirs, executors, administrators, successors, orassigns, oranyoralloreitherofthem, shallfailtopayany engineerorsurveyorforthesettingmonumentsinthepositionsnotedintheproposedFinalSubdivisionMapfor saidsubdivisioninaccordancewiththeprovisionsofGovernmentCodeSec. 66495et. seq., thensaidSuretywill pay the same in an amount not exceeding the amount hereinabove set forth.

ITISHEREBYEXPRESSLYSTIPULATEDANDAGREEDthatthisBondshallinsuretothebenefitofanyand allpersons,companies,andcorporationsentitledtofileclaimsagainstit. pursuanttoGovernmentCodeSec.66497.

Shouldtheconditionof thisBondbefully performed, thenthisobligationshallbecomenullandvoid, otherwiseit shall he and remain in till force and effect.

And thesaidSurety, for valuereceived, herebystipulatesandagreesthatnochange, extensionof time, alteration oradditiontothetermsof theAgreementorContract, ortotheworkto beperformedthereunder, shallinanyway affectitsobligationsontheBond,andit doesherebywaivenoticeofanysuchchange,extensionoftime.alteration or addition to the terms of the Agreement or Contract.

IN WITNESSWHEREOFthis Instrumenthasbeendulyexecutedby thePrincipalandSuretyabovenamed on July 23, 20 20
Principal Surety
Chino Preserve Development Corporation The Ohio CasualtyInsuranceCompany By:^ 4
By: See Attached Jessica G rcia, Attorney In Fact
Attorney- In- Fact
lu- ir r, ( AOS i
142
Signature Page for Bond #: 024247/ 74

CHINO PRESERVE DEVELOPMENT CORPORATION,
a California corporation
By:

Name: B an Goodman
Its: Authori d Agent
143

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

State of California
County of San Bernardino
On July 28, 2020 before me, Tanya K. Nesmith, Notary Public insert name and title of the officer)
personally appeared Bryan Goodman
who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/are subscribedto the within instrument and acknowledgedto 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 certifyunderPENALTYOF PERJURYunderthelawsoftheStateof Californiathattheforegoing paragraph is true and correct.

WITNESS my hand and official seal. TANYA K. NESMITH Notary Public- California
SanBernardino County
Commission r 2254448
My Comm. Expires Aug 16, 2022
Signature (' , Seal)
144
owThis PowerofAttorneylimitstheactsofthosenamedherein,andtheyhavenoauthorityto r., bindtheCompanyexceptinthe mannerandtotheextenthereinstated.

Liberty Liberty Mutual Insurance Company
01` Mutual.

The Ohio Casualty Insurance Company Certificate No 8203482- 000001 West American Insurance Company
SURETY

O COMMONWEALTH OF PENNSYLVANIA T
O Notarial Seal f
0 O
Teresa Pastella, Notary Public
v }
iQ
CO
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Upper Merlon Twp., Montgomery County By: E
My Commission Expires March 28. 2021 eresa Pastella, Notary Public o m Member, Pennsylvania Association of Notaries 0"
O
t, a? ThisPowerofAttomeyismadeandexecutedpursuanttoandbyauthorityofthefollowingBy-lawsandAuthorizationsofTheOhioCasualtyInsuranceCompany, LibertyMutual O.- Insurance Company,and West American Insurance Companywhich resolutions are now in full force and effect reading as follows o ai N ARTICLE IV- OFFICERS: Section 12. Power of Attorney a 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- . n a C
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 > 0 anyandallundertakings,bonds,recognizancesandothersuretyobligationsSuchattorneys-in-fact,subjecttothelimitationssetforthintheirrespectivepowersofattorney,shall o ' 5 havefullpowertobindtheCorporationbytheirsignatureandexecutionofanysuchinstrumentsandtoattachtheretothesealoftheCorporation. Whensoexecuted,suchE cv z U 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 c w
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 o i
ARTICLE XIII- Execution of Contracts: Section 5. SuretyBonds and Undertakings. o( 9 Any officer of the Companyauthorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe, — T-
shallappointsuchattorneys-in-fact,as maybenecessaryto actin behalfoftheCompanyto make,execute,seal,acknowledgeanddeliverassuretyanyandall undertakings, bonds,recognizancesandothersuretyobligations.Suchattorneys-in-factsubjectto thelimitationssetforthintheirrespectivepowersofattorney,shallhavefullpowerto hindthe CompanybytheirsignatureandexecutionofanysuchinstrumentsandtoattachtheretothesealoftheCompany.Whensoexecutedsuchinstrumentsshallbeasbindingasit signedbythepresidentandattestedbythesecretary
Certificateof Designation-ThePresidentoftheCompany,actingpursuanttotheBylawsoftheCompany,authorizesDavidM.Carey,AssistantSecretarytoappointsuchattorneys-in. factasmaybenecessarytoactonbehalfoftheCompanytomake,execute,seal,acknowledgeanddeliverassuretyanyandallundertakings,bonds,recognizancesandothersurety obligations.

I,ReneeC. Llewellyn,theundersigned,AssistantSecretary, TheOhioCasualtyinsuranceCompany,LibertyMutualInsuranceCompany,andWestAmericanInsuranceCompanydo herebycertifythattheoriginalpowerofattorneyofwhichtheforegoingisafull,trueandcorrectcopyofthePowerofAttorneyexecutedbysaidCompanies,isinfullforceandeffectand has not been revoked.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this".) f day of \' f s'' v v NSti4, 01 INSL P 1NSUii,
SPoaPOR4r4- 0 aJPoRPOR4,
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145
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 YDcMiar + acn.. r, Y'. F( ` cr v^ . Fsl.., rsxr+.. u a a ;,, y.... r*.+. n rrcM r c.+^ YSc- 1 tcM- a l` ¢ sM ^ ti n" ix7 cr' 2 v : t A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Orange
On %'/.? 5p0 t,) : before me, Antonio Alvarado, Notary Public Date Here Insert Name and Title of the Officer
personally appeared Jessica Garcia
Name( s) of Signer( s)
who proved to me on the basis of satisfactory evidence to be the person( e) whose name(.$ re subscribed to the within instrument and acknowledged to me that he/ they executed the same in his/ their authorized capacity( ie, r and that by his/ their signature( s) on the instrument the person$ . or the entity upon behalf of which the person¢ sj„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 offic' eal.

ANCJf 10 ALVA i DO
Ncw/ PuOi i ai forma Sign
r. { Orange Cooly S' t e of Notary PublicCorm Vs
K 2 2' o 8
t.ly Comm kDres 2Nv 1Z 2021
Place Notary Seal Above

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

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

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

Capacity( ies) Claimed by Signer( s)
Signer' s Name: Jessica Garcia Signer' s Name:

O Corporate Officer— Title( s):
0 Corporate Officer— Title( s):

Partner— Limited 0 General Partner— Limited 0 General O Individual Attorney in Fact Individual Attorney in Fact 0 Trustee Guardian or Conservator 0 Trustee 0 Guardianor Conservator 0 Other: 0 Other:

Signer Is Representing: The Ohio Casualty Insurance Signer Is Representing:

Company
rcr esrcr r< r. csr. rc r r r^ r rc r. Tr nn,a,c of rar., c:rc rc- rier, K 2014 National Notary Association • www. NationalNotary. org • 1-800- US NOTARY( 1-800- 876- 6827) Item# 5907 LMS- 14067 12/ 14
146
Executed in Triplicate
Storm Drain Line H
Premium:$ 1, 361. 00
Bond No.: 024247171
Contract No.: 2021 - 014
Approved: - t Zi 120 4Pei

FAITHFUL PERFORMANCE BOND
TRACT MAP NO. 20161
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 JULY 21, 2020 and identified as Project No. TRACT MAP NO. 20161 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 as surety, are held and firmly bound unto the City of Chino in the penal sum of THREE HUNDRED FORTY THOUSAND THREE HUNDRED Dollars ($ 340, 300. 00 lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally, firmly by these presents.

The condition 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 July 23, 2020
Chino Preserve Development Corporation The Ohio Casualty Insurance Company

PRINCIPAL SURETY
r`
By: See Attached By:

Jessi1'Gar ia,AttorneyIn Fact
SIGNATURES MUST BE NOTARIZE!)
Rev. 04/ 2019) Page 1 of 1
147
Signature Page for Bond #: 024247171

CHINO PRESERVE DEVELOPMENT CORPORATION,
a California corporati• n
By:

Name: ryan Goodman
Its: Autho i ed Agent
148

State of California
County of San Bernardino
On July 28, 2020 befog; me, Tanya K. Nesmith, Notary Public insert name and title of the officer)
personally appeared Bryan Goodman
who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/are subscribed to the within instrument and acknowledged to me that he/she/ they executed the same in his/ her/ their authorized capacity( ies), and that by his/ her/ their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.

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

WITNESS myhandand official seal.

YAK. NESMITH
Notary Public- California
j San Bernardino County
Y% Commission# 2254448
My Comm. Expires Aug 16, 2022
Signature tY'' 4fift/ d4 Seal)
149
This Power of Attorney limits the acts of those named herein, and they have no authority toOW r bind the Company except in the manner and to the extent herein stated.

Oil
p, r‘.

Liberty Liberty Mutual Insurance Company
MutuaL The Ohio Casualty Insurance Company Certificate No: 8203482- 000001 West American Insurance Company
SURETY

J p,, pop, Z V oRPCRq,,,' 9
VP aeorct 4- West American Insurance Company
f s
Fo R Q ° Forn Fo Rt
P Y O
1 919 1990, '
1AMP`' PAb ' ls / NOIAN>' At, r'
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6 CO.

JD
David M. Carey,Assistant Secretary
ro State of PENNSYLVANIA cc
a) cnCounty of MONTGOMERY
SS
c
20th dayof April 2020 before me personallyappearedDavid M. Care who acknowledged himself to be the Assistant Secretaryof LibertyMutual Insurance a
v- On this PPe Y, 9 t--
oitsCompany,TheOhioCasualtyCompany,andWestAmericanInsuranceCompany,andthathe,assuch,beingauthorizedsotodo,executetheforegoinginstrumentforthepurposesTo0W 4) >
therein contained by signing on behalf of the corporations by himself as a duly authorized officer.

Em
a•
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Kingof Prussia, Pennsylvania, on the day and year first above written. c c c•
at ( Dv) V r)
O COMMONWEALTH OF PENNSYLVANIA Q b'
O Notarial Seal O C
ON
Teresa Pastella. Notary Public v
Ltditi4t)Upper Merlon Tem, Montgomery County By:

E-
E
My Commission Expires March 28, 202tCas 0 nserTesa Pastella, Nota Public Member, Pennsylvania Association of Notariesry 0.. O
ThisPowerofAttorneyismadeandexecutedpursuanttoandbyauthorityofthefollowingBy-lawsandAuthorizationsofTheOhioCasualtyInsuranceCompany, LibertyMutual_y0 a?

0. 5 Insurance Company, and West American Insurance Companywhich resolutions are now in full force and effect reading as follows: Q J a)
di ARTICLE IV- OFFICERS:Section 12. PowerofAttorney.
4- as Anyofficeror otherofficialof the Corporationauthorizedfor thatpurposein writingby theChairmanor the President, andsubjectto suchlimitationas the Chairmanor theTo.2 P- U Presidentmayprescribe,shallappointsuchattorneys-in-fact,asmaybenecessarytoactinbehalfoftheCorporationtomake,execute,seal,acknowledgeanddeliverassuretyv 0) asN anyandallundertakings,bonds,recognizancesandothersuretyobligations.Suchattorneys-in-fact,subjecttothelimitationssetforthintheirrespectivepowersofattorney,shall .c havefullpowertobindtheCorporationbytheirsignatureandexecutionofanysuchinstrumentsandtoattachtheretothesealoftheCorporation. Whensoexecuted, suchE No 0 instruments shall be as bindingas if signed bythe President and attested to bythe Secretary.Anypower or authoritygranted to anyrepresentative or attorney- in- fact under the.'- co ZU 9 P Y
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. o0 ARTICLE XIII- Execution of Contracts: Section 5. Surety Bonds and Undertakings. o Anyofficerof theCompanyauthorizedforthatpurposeinwritingbythechairmanorthepresident,andsubjecttosuchlimitationsasthechairmanorthepresidentmayprescribe, (—'-- shallappointsuchattorneys-in-fact,as maybe necessaryto actin behalfof theCompanyto make,execute,seal,acknowledgeanddeliverassuretyanyandall undertakings, bonds,recognizancesandothersuretyobligations.Suchattorneys-in-factsubjecttothelimitationssetforthintheirrespectivepowersof attorney,shallhavefullpowerto bindthe Companybytheirsignatureandexecutionofanysuchinstrumentsandtoattachtheretothesealof theCompany.Whensoexecutedsuchinstrumentsshallbeasbindingasif signedby the presidentand attestedby the secretary
Certificateof Designation-ThePresidentoftheCompany,actingpursuanttotheBylawsoftheCompany,authorizesDavidM.Carey,AssistantSecretarytoappointsuchattorneys-in- factasmaybenecessarytoactonbehalfof theCompanytomake,execute,seal,acknowledgeanddeliverassuretyanyandall undertakings,bonds,recognizancesandothersurety obligations
Authorization-ByunanimousconsentoftheCompany'sBoardofDirectors,theCompanyconsentsthatfacsimileormechanicallyreproducedsignatureofanyassistantsecretaryofthe Company,whereverappearinguponacertifiedcopyofanypowerofattorneyissuedbytheCompanyinconnectionwithsuretybonds,shallbevalidandbindingupontheCompanywith thesameforce and effectas thoughmanuallyaffixed.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this , 1,..7)',`day of I +‘• (. L, i P‘'\ NSUipq PvZVINgU, NSURq
hJ ` DµPORgf 4.
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da ReneeC. Llewellyn,AssistantSecretary9z7 * 1` 91 * 1, M * 1`1'1 LMS- 12873 I_MIC OCIC WAIC Multi Co 12119
150
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 C.-: n-' S;<‘ 1-.:),- : l -.,, ," ( rii:; n:, f_, <,.: 5' h;( x- .. i-•ti:< -;< -,- S c\-. 7c,-` Y- ti, Y 7=>, 7,-;..:,:.,. 4Y; i S,:.-. .. A--,< ~,--.', cr.. . t> cx.,.

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Orange
On ' I/ bc)?!0 before me, Antonio Alvarado, Notary Public Date Here Insert Name and Title of the Officer
personally appeared JessicaGarcia
Name( s) of Signer( s)
who proved to me on the basis of satisfactory evidence to be the person(e)- whose name*s)Q /are subscribed to the within instrument and acknowledged to me that heistrclthey executed the same in hie/ their authorized capacity4e, I, and that by his/ heir signature( e)- on the instrument the person($- or the entity upon behalf of which the person( sraacted, 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 han icial seal

ANTONIOALVARADO
Si natur
z` ter
t . Notarypublic Cao ornia 9
z OrangeCountyts- i1 v
S nat o ary Publicomm,s;,on< 2221608
L MyCommExpiresNov12.2021
uY
Place Notary Seal Above

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

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

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

Capacity( ies) Claimed by Signer( s)
Signer' s Name: Jessica Garcia Signer' s Name:
n Corporate Officer— Title( s):

Eii Corporate Officer— Title( s):
n Partner— 0 Limited El General 0 Partner— L_ Limited General n Individual Attorney in Fact n Individual Attorney in Fact n Trustee n Guardian or Conservator 0 Trustee Guardian or Conservator n Other: Other:

Signer Is Representing: ' TV-x C, 0 Signer Is Representing:
2014 National Notary Association • www. NationalNotary. org• 1-800- US NOTARY( 1-800- 876- 6827) Item# 5907 LMS- 14067 12/ 14
151
Executed in Triplicate
Storm Drain Line H Premium: Included in Performance
Bond No.: 024247171
Contract No.: 2 I - 014
Approved: _ - 121j 20 4I

LABOR AND MATERIAL BOND
TRACT MAP NO. 20161
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 JULY 21. 2020 and identified as Project No. TRACT MAP NO. 20161 , 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 bondwith 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 California.

NOW, THEREFORE, said Principal and the undersigned, as corporate surety, are held and firmly bound unto the City of Chino, and all contractors, subcontractors, laborers, material, men, and other persons employed in the performanceof the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of ONE HUNDRED SEVENTY THOUSAND ONE HUNDRED FIFTY Dollars ($ 170, 150. 00 ) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonableexpensesand fees, including reasonableattorneys'fees, incurred by City in successfullyenforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 ( commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

Should the condition of this bond be fully performed, then this obligation shall become null and void, 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 July 23, 2020
Chino Preserve Development Corporation The Ohio Casualty Insurance Company

PRINCIPAL SURETY
r
A
By: See Attached By:

J
Je ica Garcia, Attorney In Fact
SIGNATURE( S) MUST BE NOtARIZED
Rev. 04/ 2019) Page 1 of 1
152
Signature Page for Bond #: 024247171

CHINO PRESERVE DEVELOPMENT CORPORATION,
a California corpo ation
By:

Name: Br - n Goodman
Its: Authoriz Agent
153

State of California
County of San Bernardino
On July 28, 2020 before me, Tanya K. Nesmith, Notary Public insert name and title of talc :, fficer)
personally appeared Bryan Goodman
who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/ are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/ her/ their authorized capacity( ies), and that by his/ her/ their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.

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

WITNESS my hand and official seal. TANYA K. NESMITH
7 #
r."•\
Notary Public- California
i1 San Bernardino County
Commission; 2254448
My Comm. ExpiresAug 16. 2022
Signature & 491.. a, 14 Seal)
154
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 c, c- C-ti" Cn" 5 n-,- cfasixx-, c , cfx. s.: n;: c,:...,--, C.%:. ti: f.- C' 1 ' ti. e'..‘ : i, c- eA:.< U^ t`, i:<<;,

0. ri." ti' ,-;,-,. Sti<.\- 2c-,,.--s til` ' c,- xxvS+ CCi A notarypublicor otherofficercompletingthis certificateverifiesonly the identityof the individualwho signedthe documentto whichthis certificateis attached,andnotthetruthfulness,accuracy,or validityof thatdocument.

State of California
County of Orange
On
7/ 3 I ,,--'' 0 aUbeforeme, Antonio Alvarado, Notary Public Date Here Insert Name and Title of the Officer
personally appeared Jessica Garcia
Name( s) of Signer( s)
who proved to me on the basis of satisfactory evidence to be the personfs)- whose name( s)!/ re subscribed to thewithininstrumentandacknowledgedto methathe/3/ theyexecutedthesameinhire/ theirauthorized capacity(+ es), and that by his/ heir signature(s}' on the instrument the person(.4 or the entity upon behalf of which the person($ cted, 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 h d offici
NCNIOAARaD qrl
Puai, Sign ore YJ "' v!?
IINo fl
T '
Place Notary Seal Above

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

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

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

Capacity( ies) Claimed by Signer( s)
Signer' s Name: Jessica Garcia Signer' s Name:

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

O Partner— Limited General Partner— E Limited n General Individual Attorney in Fact E Individual Attorney in Fact n Trustee n Guardian or Conservator I I Trustee Guardian or Conservator Other: Other:

Signer Is Representing: "— ht. 4:),hk 0 Signer Is Representing:
2014 National Notary Association • www. NationalNotary. org • 1-800- US NOTARY( 1-800- 876-6827) Item# 5907 LMS- 14067 12/ 14
155
or ThisPowerofAttorneylimitstheactsofthosenamedherein,andtheyhavenoauthorityto bind the Company except in the manner and to the extent herein stated.

Liberty Liberty Mutual Insurance Company
r , Mutual. The Ohio Casualty Insurance Company Certificate No: 8203482- 000001 West American Insurance CompanySURETY

4. 1
woNpopi,"?. 0 yJ GONPORgrF 4y ott oRPOR4; 40 West American Insurance Company al
r o m w r o n , Y r o c 1
1912 0 1919 ) ) 1991 cn
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M * 1., By: f 0
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DavidM Carey,AssistantSecretary
ea Stateof PENNSYLVANIA
turnCountyof MONTGOMERY
ss Co
c
82 On this 20th day of April , 2020 before me personally appeared David M. Carey,who acknowledged himself to be the Assistant Secretaryof LibertyMutual Insurance' N co Company,TheOhioCasualtyCompany,andWestAmericanInsuranceCompany,andthathe,assuch,beingauthorizedso todo,executetheforegoinginstrumentforthepurposes6 rA457 therein contained by signing on behalf of the corporations by himself as a duly authorized officer. 0Wco E
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Kingof Prussia, Pennsylvania, on the day and year first above written. c °- m
o COMMONWEALTH OF PENNSYLVANIA d'
A
p Notarial Seal
Ltd&
ro
Qy Teresa Pastelt», Notary Public 1 cQ
CE
r Upper Meson Twp., Montgomery County By: ,
C• t1e-'
m
My commission Expires March za 2021
eresa Pastella, NotaryPublic o to
a, Member. Pennsylvania Association of Notaries a. C)
cn
0 rn d
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 c
0•
C Insurance Company,and West American Insurance Companywhich resolutions are now in full force and effect reading as follows:
i aiN
ARTICLEIV- OFFICERS:Section12. Powerof Attorney. a 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 ro a
a
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 > 0, 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 . cv o `
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 E oho
Z v instrumentsshallbeasbindingasifsignedbythePresidentandattestedtobytheSecretaryAnypowerorauthoritygrantedtoanyrepresentativeorattorney-in-factunderthea=o2o 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 Coi ARTICLE XIII- Execution of Contracts: Section 5. Surety Bonds and Undertakings c"—
o
Anyofficerof theCompanyauthorizedforthatpurposeinwritingbythechairmanorthepresident,andsubjecttosuchlimitationsasthechairmanorthepresidentmayprescribe, I-" shallappointsuchattorneys-in-fact,as maybenecessaryto actin behalfoftheCompanyto make,execute,seal,acknowledgeanddeliverassuretyanyandall undertakings, bonds,recognizancesandothersuretyobligations.Suchattorneys-in-factsubjecttothelimitationssetforthintheirrespectivepowersof attorney,shallhavefullpowerto bindthe Companybytheirsignatureandexecutionofanysuchinstrumentsandto attachtheretothesealof theCompany.Whensoexecutedsuchinstrumentsshallbeasbindingas if signed by the president and attested by the secretary.

Authorization-ByunanimousconsentoftheCompany's BoardofDirectors,theCompanyconsentsthatfacsimileormechanicallyreproducedsignatureofanyassistantsecretaryofthe Company,whereverappearingupona certifiedcopyof anypowerofattorneyissuedbytheCompanyinconnectionwithsuretybonds,shallbevalidandbindingupontheCompanywith the sameforceand effectas thoughmanuallyaffixed.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this r_.;`+ day of `,,; J 3 l% nv
tt INS& NSUR:; :
v. POR.,
im VP=ocaPORgT' Qtir
1 I/
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JJ
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0919 ,, 2 1991 0
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By:

Nq MPS f61
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ReneeC. Llewellyn,AssistantSecretaryA 4•1 * 1,
LMS- 12873 LMIC OCIC WAIC Multi Co 12119
156
Executed in Triplicate
Storm Drain Line H Premium: Included in Performance
Bond No.: 024247171
Contract No.:

ZJ - 014Approved: -
T12.0 2O 4t.

WARRANTY BOND
TRACT MAP NO. 20161
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 has agreed to warrant and guarantee the installation, completion, and maintenance of certain designated public improvements, which said agreement, dated JULY 21, 2020 and identified as Project No. TM 20161 , 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 THIRTY- FOUR THOUSAND THIRTY Dollars $ 34, 030. 00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, suc cessors, 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 performthe covenants, conditions,and provisionsin 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 performedat the time and inthe mannertherein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

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

IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named, on July 23, 2020
Chino Preserve Development Corporation The Ohio Casualty Insurance Company _

PRINCIPAL SURETY
By: See Attached By: i
Jeslica cia, Attorney In Fact

SIGNATURE( S) MUST BE NOTARIZED
Rev. 04/ 2019) Page 1 of 1
157
Signature Page for Bond #: 024247171

CHINO PRESERVE DEVELOPMENT CORPORATION,
a California corporatio
By:

Name: B an Goodman
Its: Authori d Agent
158

State of California
County of San Bernardino
On July 28, 2020 before me, Tanya K. Nesmith, Notary Public insert . lame and title of the officer)
personally appeared Bryan Goodman
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/, per/ 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. ANYA K. NESMITH
Natary P..bnc- Calrfornia
San Bernarcino County41
Y. / Commission; 2254448
My Comm. Expires AJg 16, 2022
Signature % l. d' ` . Seal)
159
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 C- uS..-„ ce, i 4c,, cx-) e `--,^ ,, --- rx,-,..- -,<'::: ti: c.,,<< .. 1•. if-.. t . r' n-,," r l ,',. v`-... `-,<:-;:-.' ti.< n" Yri, a^ ti' nA', c` c."_ fti; o,:{'—' Gift..,- fMlA: fi:!% i A notarypublicor otherofficercompletingthiscertificateverifiesonlytheidentityof theindividualwhosignedthe documenttowhichthiscertificateisattached,andnotthetruthfulness,accuracy,orvalidityofthatdocument.

State of California
County of Orange
On
U beforeme, AntonioAlvarado,NotaryPublicJJ
Date Here Insert Name and Title of the Officer
personally appeared Jessica Garcia
Name( s) of Signer( s)
who proved to me on the basis of satisfactory evidence to be the person(s,Leose name(e- is/are subscribedto thewithininstrumentandacknowledgedtomethathe/a/ theyexecutedthesameinhis drtheirauthorized capacity( iac), and that by his/ iltileirsignature(sTbntheinstrumenttheperson(s,.ortheentityuponbehalfof 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.

ANTONIOALVARADO
NotaryPublic- California _
i.,46, Orange County
Sign
i'./ pllil'.:

Commission# 2221608 Signature of NotaryPublic
My Comm.ExpiresNov 12.2021
Place Notary Seal Above

OPTIONAL
Thoughthis section is optional, completingthis informationcan deter alteration of the documentor fraudulent reattachment of this form to an unintended document.

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

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

Capacity( ies) Claimed by Signer( s)
Signer' s Name: Jessica Garcia Signer' s Name:

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

El Partner— Limited E General Ei Partner— El Limited Ell General Individual i Attorney in Fact E Individual Attorney in Fact E Trustee 11 Guardian or Conservator I Trustee U Guardianor Conservator Other: El Other:

Signer Is Representing: — 1'1., ' Ot(1k( J Signer Is Representing:
2014 National Notary Association •www.NationalNotary.org• 1-800-US NOTARY( 1-800-876-6827) Item# 5907 LMS- 14067 12/ 14
160
ThisPowerofAttorneylimitstheactsofthosenamedherein,andtheyhavenoauthorityto V
bindthe Companyexceptin themannerandto theextenthereinstated. 1 LibertyLiberty Mutual Insurance Company
pit` Mutual The Ohio Casualty Insurance Company Certificate No: 8203482- 000001 West American Insurance CompanySURETY

LibertyMutual InsuranceCompany
P,
1NSuR PcoVINsG, kHStJRq TheOhioCasualtyInsuranceCompany jrc..
0 41es 0
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4,
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9rogy \
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WestAmericanInsuranceCompany
1912 0
a 1919 7 l' 1991 n 2
a) 9'
rSACHU -~ a 0 h
NAMPs
s
1 • Y %,„ . a GL
C
c mz7 * * e1 dy1 * 1,
d
sM * 0 By:
y
I
coDavid M. Carey, Assistant Secretary
0 State of PENNSYLVANIA
c
v rn Countyof MONTGOMERY
aS
m
c
rtv.. m On this 20th day of April , 2020 before me personally appeared David M Carey, who acknowledged himself to be the Assistant Secretaryof Liberty Mutual Insurance o
ois Company,TheOhioCasualtyCompany,andWestAmericanInsuranceCompany,andthathe,assuch,beingauthorizedsotodo,executetheforegoinginstrumentforthepurposesro(I) therein contained by signing on behalf of the corporations by himself as a duly authorized officer W 1G— as E
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 En
c o c'
O COMMONWEALTH OF PENNSYLVANIA G( 4i
OO
I Notarial Seal
ii'- •
O
Teresa Pastella, Notary Public
41 f a @
c co-"
Upper Merlon Twp, Montgomery County By: EMy Commission Expires March 28. 2021 eresa Pastella, Notary Public 0 ( IT
Member. Pennsylvania Association of Notaries a- Cy
t0 Q
t ThisPowerofAttorneyismadeandexecutedpursuanttoandbyauthorityofthefollowingBy-lawsandAuthonzationsofTheOhioCasualtyInsuranceCompany, LibertyMutual 0•-
Insurance Company,and West American Insurance Companywhich resolutions are now in full force and effect reading as follows_ o ai
as. ARTICLEIV- OFFICERS:Section12. Powerof Attorney vo AnyofficerorotherofficialoftheCorporationauthorizedforthatpurposeinwritingbytheChairmanorthePresident, andsubjecttosuchlimitationastheChairmanorthem 2 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 >, 0 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 c\ I o
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 E co
Z v instrumentsshallbeasbindingasifsignedbythePresidentandattestedtobytheSecretary.Anypowerorauthoritygrantedtoanyrepresentativeorattorney-in-factunderther= 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 o 0 ARTICLE XIII- Execution of Contracts: Section 5 Surety Bonds and Undertakings. o
AnyofficeroftheCompanyauthorizedforthatpurposeinwritingbythechairmanorthepresident,andsubjecttosuchlimitationsasthechairmanorthepresidentmayprescnhe, h T.-- shallappointsuchattorneys-in-fact,as maybe necessarytoactin behalfof theCompanyto make,execute,seal,acknowledgeanddeliveras suretyanyandall undertakings, bonds,recognizancesandothersuretyobligations.Suchattorneys-in-factsubjecttothelimitationssetforthintheirrespectivepowersofattorney,shallhavefullpowertobindthe CompanybytheirsignatureandexecutionofanysuchinstrumentsandtoattachtheretothesealoftheCompany.Whensoexecutedsuchinstrumentsshallbeasbindingasif signedby the presidentand attestedby the secretary.

Authorization-ByunanimousconsentoftheCompany's BoardofDirectors,theCompanyconsentsthatfacsimileormechanicallyreproducedsignatureofanyassistantsecretaryofthe Company,whereverappearinguponacertifiedcopyof anypowerofattorneyissuedbytheCompanyinconnectionwithsuretybonds,shallbevalidandbindingupontheCompanywith the same force and effect as though manually affixed.

I, ReneeC. Llewellyn,theundersigned,AssistantSecretary,TheOhioCasualtyInsuranceCompany,LibertyMutualInsuranceCompany,andWestAmericanInsuranceCompanydo herebycertifythattheoriginalpowerof attorneyofwhichtheforegoingis afull,trueandcorrectcopyofthePowerofAttorneyexecutedbysaidCompanies,isinfullforceandeffectand has not been revoked.
j
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this z:-") clay of ( ` jkl.; y , y l
t)
P
tNS1. 4?
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1912 0 0 1919 1991 0
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NAMPS÷,
db3 Yo\ NOIAN b
By
ReneeC. Llewellyn,AssistantSecretary9z> * t' a y1 . 0, M * P4 LMS- 12873 LMIC OCIC WAIC Multi Ca 12/ 19
161
Executed in Triplicate
Premium:$ 6, 933. 00
Pine/ Euclid Ave. Improvements - Van Vliet
Bond No.: 024247172
Contract No.: Z OZ I - 014
Approved: , I Z aI ZQ

FAITHFUL PERFORMANCE BOND
TRACT MAP NO. 20161
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 Principalagrees to install and complete certain designated public improvements, which said agreement, dated July 21, 2020 and identified as Project No. Tract Map No. 20161 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 as surety, are held and firmly bound unto the City of Chino in the penal sum of One Million Seven Hundred Thirty- Three Thousand Three Hundred Dollars ($ 1, 733, 300. 00 lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally, firmly by these presents.

The condition 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 successfullyenforcing 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 termsof the agreementor to theworkto be performedthereunderor the specificationsaccompanyingthe 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 July 23, 2020
Chino Preserve Development Corporation The Ohio Casualty Insurance Company

PRINCIPAL SURETY
By: See Attached
By:

Jessa G rcia, Attorney I act

SIGNATURES MUST BE NOTARIZED
Rev. 04/ 2019) Page 1 of 1
162
Signature Page for Bond #: 024247172

CHINO PRESERVE DEVELOPMENT CORPORATION,
a California corporatio
By:

Name: Br an Goodman
Its: Authori d Agent
163

State of California
County of San Bernardino
On July 28, 2020 before me, Tanya K. Nesmith, Notary Public insert name and title of the officer)
personally appeared Bryan Goodman
who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/are subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in his/ her/ their authorized capacity( ies), and that by his/her/their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.

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

TANYA K. NESMITH
WITNESS my hand and official seal. A Notary Public- California ro. San Bernardino County
Commission N 2254448
MyComm.ExpiresAug16,2022
Signature 41lZ ' L tY L Seal)
164
This Power of Attorney limits the acts of those named herein, and they have no authority toOM 7 bind the Company except in the manner and to the extent herein stated.

Liberty Liberty Mutual Insurance Company
r* ' Mutual. The Ohio Casualty Insurance Company Certificate No: 8203482- 000001 West American Insurance Company
SURETY

IN WITNESSWHEREOF,this Powerof Attorneyhas been subscribedby an authorizedofficeror official of the Companiesand the corporateseals of the Companieshave been affixed thereto this 20th day of April , 2020 -
LibertyMutualInsuranceCompany
P 1NSUgq P01iNSG NSu The Ohio CasualtyInsurance Company 5, A: LOPPOR4,,+„ QJcpp.Polt4r' Qyy°
cç8y: ;/ //
CoAD David M.Carey, AssistantSecretary
u State of PENNSYLVANIA c
m cry Countyof MONTGOMERY
SS
c
v 6 On this 20th day of April , 2020 before me personally appeared David M. Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance t_
o
Ti Company, The Ohio CasualtyCompany,and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes o Wtli > thereincontainedby signingon behalfof the corporationsby himselfas a dulyauthonzedofficer. m
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. c c.
y
oo
to
M
d COMMONWEALTH OF PENNSYLVANIA Q` I
a Notarial Seal f 0 C;,
tQy
Teresa Pastelta, Notary Public
v ,, ',,
I 1
Lte-114.)c
Npper Merlon lwp., Montgomery County By: ,' S Ety0 I My Commission Expires March 28, 2021
eresa Pastella, NotaryPublic O CO
CD'"' Member. Pennsylvania Association of Notaries Cl_0 ro
rn o
ma? ThisPowerofAttorneyismadeandexecutedpursuanttoandbyauthorityofthefollowingBy-lawsandAuthonzationsofTheOhioCasualtyInsuranceCompany, LibertyMutual O. F Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows. o ni ARTICLE IV- OFFICERS: Section 12. Power of Attorney v
o t°
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'. a r? v 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 > 0 o' aci anyandallundertakings,bonds,recognizancesandothersuretyobligationsSuchattorneys-in-fact,subjecttothelimitationssetforthintheirrespectivepowersofattorney,shall havefullpowerto bindtheCorporationbytheirsignatureandexecutionofanysuchinstrumentsandtoattachtheretothesealoftheCorporation. Whensoexecuted, suchE( i Z v instrumentsshallbeasbindingas ifsignedbythePresidentandattestedto bytheSecretary.Anypoweror authoritygrantedtoanyrepresentativeorattomey-in-factunderthe 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. c 0 ARTICLE XIII- Execution of Contracts: Section 5 Surety Bonds and Undertakings o(9 AnyofficeroftheCompanyauthorizedforthatpurposeinwritingbythechairmanorthepresident,andsubjecttosuchlimitationsasthechairmanorthepresidentmayprescribe, -*- shall appointsuch attorneys-in-fact, as may be necessaryto act in behalf of the Companyto make, execute,seal, acknowledgeand deliver as surety any and all undertakings, bonds, recognizancesand other suretyobligations.Such attorneys-in-fact subjectto the limitationsset forth in their respectivepowersof attorney,shall havefull powerto bindthe CompanybytheirsignatureandexecutionofanysuchinstrumentsandtoattachtheretothesealoftheCompany.Whensoexecutedsuchinstrumentsshallbeasbindingas if signed by the presidentand attestedby the secretary.

Certificateof Designation-ThePresidentoftheCompany,actingpursuanttotheBylawsoftheCompany,authorizesDavidM.Carey,AssistantSecretarytoappointsuchattorneys-in- factasmaybenecessarytoactonbehalfoftheCompanytomake,execute,seal,acknowledgeanddeliverassuretyanyandall undertakings,bonds,recognizancesandothersurety obligations
Authorization-ByunanimousconsentoftheCompany's Boardof Directors,theCompanyconsentsthatfacsimileormechanicallyreproducedsignatureofanyassistantsecretaryofthe Company,whereverappearingupona certifiedcopyofanypowerofattorneyissuedbytheCompanyinconnectionwithsuretybonds,shallbevalidandbindingupontheCompanywith thesameforce and effectas thoughmanuallyaffixed.

I, ReneeC Llewellyn,theundersigned,AssistantSecretary,TheOhioCasualtyInsuranceCompany,LibertyMutualInsuranceCompany,andWestAmericanInsuranceCompanydo herebycertifythattheoriginalpowerofattorneyofwhichtheforegoingisafull,trueandcorrectcopyofthePowerofAttorneyexecutedbysaidCompanies,is infullforceandeffectand has
notES
been
Y
7 ( t
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this r') v
dayof
3 ., ,)(-;:).'"()
V iNSUR cY INSU t' \
NSU, p
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Renee C. Llewellyn, Assistant6)z) * 0 yl * 1-* 3M * ya y Secretary LMS- 121373 LMIC OCIC WAIC Multi Co 12119
165
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 2,-., c n< r.,.- x xx. 7,•s),-( 1< xx.>,:' i: cc, c'. . ti+: n. A-,-;,` _-,, z-: lri: 5' w., x, ce,-, t ,:; l:,:.: it. n- ti tint ^- " 0,-- xx' Y' ti. S"_ S.ei- K—.:‹ c- c,,-... n:

State of California
County of Orange
On iJ, t/ before me, Antonio Alvarado, Notary Public Date Here Insert Name and Title of the Officer
personally appeared JessicaGarcia
Name( s) of Signer( s)
who proved to me on the basis of satisfactory evidence to be the person(&)- whose name. tare subscribed to the within instrument and acknowledged to me that h sh '' they executed the same in his a heir authorized capacityEies)- and that by his their signature( s)-on th instrument the person( ej- or the en ity upon behalf of which the person(sracted, 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 h an fficial seal

ANTONIO ALVARADO
3 Ncic- Ca . Signatur
r . OrangeCounty na otaryPublic
commission d 2221608
My Comm.ExpiresNav' 2,2021
Place Notary Seal Above

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

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

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

Capacity( ies) Claimed by Signer( s)
Signer' s Name: Jessica Garcia Signer' s Name:
n Corporate Officer— Title( s): Corporate Officer— Title( s):

Partner— Limited n General Partner— n Limited n General Individual Attorney in Fact n Individual Attorney in Fact El Trustee Guardian or Conservator Trustee I I Guardianor Conservator Other: D Other:

Signer Is Representing: " 1",,NL CA6 0 CouQC I Signer Is Representing:
oii\,, V' t', V"1 IR, l CVY1( t 1(1k,
a.
2014 National Notary Association • www. NationalNotary. org• 1-800- US NOTARY( 1-800- 876- 6827) Item# 5907 LMS- 14067 12/ 14
166
Executed In Triplicate
Pine/ Euclid Ave. Improvements - Van Vliet Premium: Included in Performance Bond No.: 024247172
Contract No.: 2 071 - ol4
Approved: 1121 ) 2. 0

LABOR AND MATERIAL BOND
TRACT MAP NO. 20161
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 JULY 21. 2020 and identified as Project No. TRACT MAP NO. 20161 , is hereby referred to and made a part hereof; and WHEREAS, underthe terms of said agreement,Principalis required, beforeentering 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 California.

NOW, THEREFORE, said Principal and the undersigned, as corporate surety, are held and firmly bound unto the City of Chino, and all contractors, subcontractors, laborers, 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 EIGHT HUNDRED SIXTY- SIX THOUSAND SIX HUNDRED FIFTY Dollars($ 866, 650. 00 ) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

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.

IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named, on July 23, 2020
Chino Preserve Development Corporation The Ohio Casualty Insurance Company

PRINCIPAL SURETY
See Attached
By: By: 1 U 1
Jessa arcia, Attorney In Fac

SIGNATURE( S) MUST BE NOTARIZED
Rev. 04/ 2019) Page 1 of 1
167
Signature Page for Bond #: 024247172

CHINO PRESERVE DEVELOPMENT CORPORATION,
a California corporation
By: ir/
iName: Bryin Goodman
Its: Authoriz; Agent
168

State of California
County of San Bernardino
On July 28, 2020 before me, Tanya K. Nesmith, Notary Public insert name and title of the office)
personally appeared Bryan Goodman
who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/ her/ their authorized capacity( ies), and that by his/ her/ their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.

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

TANYA K. NESMIT H
WITNESS my hand and official seal. Notary Puerc California e' San Rpm ardino County
a Commission r 2254448
D
My Comm. ExpiresAug 16, 2022
Signature d/II/ T / 1 '' tit Seal)
169
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 Gti- t.' leirtifi,<`'':,.'" d'!`: i: t'.<:`'. L" t' CS':. t n,< S'-ti.{'•;,'. i; C1;{'.^ l' ti.` i.` n.,.< —',,.,:'.' Y` ti`. ti,{ ri. - t.':. 1^ i:. cG' t'.ti. S< G+. Sri. C ' ti.^,"' l:. n'^(`.- Y n: ti' S.i r:

State of California
County of Orange
On
7l, ( (") before me, Antonio Alvarado, Notary Public Date Here Insert Name and Title of the Officer
personally appeared Jessica Garcia
Name( s) of Signer( s)
who proved to me on the basis of satisfactory evidenceto be the person{ej-whose name(s),Ct$/are subscribedto the within instrument and ackno ledged to me that he ' they executed the same in hisetheir authorized capacity(+ r ),
and that by his/ e heir signature4 4.on the instrument the person( s+, or the entity upon behalf of which the person( lttcted, 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 h. • an. • fficial s•

ANTONIOALVARADO
NotaryPublic- California Signatur
1 '.
l '
Orange County igna • otary Public
y Commission#2221608
My Comm.ExpiresNov 12,2021
Place Notary Seal Above

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

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

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

Capacity( ies) Claimed by Signer( s)
Signer' s Name: Jessica Garcia Signer' s Name:

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

El Partner— U Limited n General Partner— El Limited El General LI Individual Attorney in Fact LI Individual J Attorney in Fact Trustee Guardian or Conservator Trustee n Guardianor Conservator C Other: Other:

Signer Is Representing: T e L; ht U Cc3Ix() Signer Is Representing:
2014 National Notary Association • www. NationalNotary. org • 1-800- US NOTARY( 1-800- 876- 6827) Item# 5907 LMS- 14067 12/ 14
170
OWThis PowerofAttorneylimitstheactsofthosenamedherein,andtheyhavenoauthorityto bind the Company except in the manner and to the extent herein stated. i
VP•

70. 1,
0` Li berty Liberty Mutual Insurance Company
Mutual The Ohio Casualty Insurance Company Certificate No: 8203482- 000001 West American Insurance Company
SURETY

SandraGaytan,BeckyGomez,Vu l Ie, Jim Hume,Maricela Fares,BrianNgare,Jenny'I'. Nguyen,RajanPatel,Maria G. Rodriguez-Wong,Alex SanchezGerald Schumacher, Michael Stein, Esmeralda Ureno, Lupe Villarreal, Steven C. White, Anthony K. T. Yau all of the city of Orange state of CA eachindividuallyif there be morethan one named,its true and lawfulattorney-in-fact to make, execute,seal,acknowledgeanddeliver,forandonitsbehalfassuretyandasitsactanddeed,anyandallundertakings,bonds,recognizancesandothersuretyobligations,inpursuance ofthesepresentsandshallbeas bindingupontheCompaniesas if theyhavebeendulysignedbythepresidentandattestedby thesecretaryof theCompaniesin theirownproper persons.

IN WITNESSWHEREOF,this Powerof Attorney has been subscribedby an authonzedofficeror officialof the Companiesand the corporateseals of the Companieshave beenaffixed thereto this 20th day of April , 2020 _
LibertyMutual InsuranceCompany
P 1NStiq POSYINSG 1NSt,
xxj,, The Ohio CasualtyInsuranceCompany
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9l y° West American Insurance Company
as
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N * t td By: 1
t`o State of PENNSYLVANIA
as DavidM.Carey,AssistantSecretary
a) o, Countyof MONTGOMERY
SS ro
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On this 20th dayof April , 2020 before me personallyappeared David M. Care who acknowledged himself to be the Assistant Secretaryof LibertyMutual Insurance -PP Y, 9 o ro Company,TheOhioCasualtyCompany,andWestAmericanInsuranceCompany,andthathe,assuch,beingauthorizedsotodo,executetheforegoinginstrumentforthepurposesTor a4Uim
therein contained by signing on behalf of the corporations by himself as a duly authorized officer E
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. c °-
c• 7 pcMa
mom
o COMMONWEALTH OF PENNSYLVANIA V
p Notarial Sear
LIA)
0 cOZ5f17Teresa Pastella. Notary Public
UCN
Upper Merlon Twp. Montgomery County By: &:li EMy Commission Expires March 28, 2021 eresa Pastella, Notary Public o to
Member. Pennsylvania Association of Notaries a. O
caa) C1
t
co', This Power of Attorney is made and executed pursuant toandbyauthorityofthefollowingBy-lawsandAuthonzationsofTheOhioCasualtyInsuranceCompany, LibertyMutualY 0•
E Insurance Company,and West American Insurance Companywhich resolutions are now in full force and effect reading as follows: a ai w
a? ARTICLEIV- OFFICERS:Section12 Powerof 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—, r 2 U' 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 > v anyandall undertakings,bonds,recognizancesandothersuretyobligations.Suchattorneys-in-fact,subjectto thelimitationssetforthintheirrespectivepowersof attorney,shall ohave fullpowertobindtheCorporationbytheirsignatureandexecutionofanysuchinstrumentsandtoattachtheretothesealoftheCorporationWhensoexecuted,suchE 2 v instrumentsshallbeasbindingasifsignedbythePresidentandattestedtobytheSecretary.Anypowerorauthoritygrantedtoanyrepresentativeorattorney-in-factunderthew 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. a,ci ARTICLE XIII Execution of Contracts: Section 5. Surety Bonds and Undertakings o(-
Any officerof the Companyauthonzedfor that purpose in writing by the chairmanor the president,and subjectto such limitationsas the chairmanor the presidentmayprescnbe, —— shall appointsuch attorneys-in-fact, as may be necessaryto act in behalf of the Companyto make, execute,seal, acknowledgeand deliver as surety any and all undertakings, bonds,recognizancesandothersuretyobligationsSuchattomeys-in-factsubjecttothelimitationssetforthintheirrespectivepowersofattorney,shallhavefullpowerto bindthe Companybytheirsignatureandexecutionof anysuchinstrumentsandto attachtheretothesealof theCompany.Whensoexecutedsuchinstrumentsshallbeasbindingasit signedby the presidentand attestedby the secretary.

Certificateof Designation-ThePresidentoftheCompany,actingpursuanttotheBylawsoftheCompany,authorizesDavidM.Carey,AssistantSecretarytoappointsuchattorneys-in- factasmaybenecessaryto actonbehalfoftheCompanyto make,execute,seal,acknowledgeanddeliverassuretyanyandall undertakings,bonds,recognizancesandothersurety obligations
Authorization-ByunanimousconsentoftheCompany's BoardofDirectors,theCompanyconsentsthatfacsimileormechanicallyreproducedsignatureofanyassistantsecretaryofthe Company,whereverappearingupona certifiedcopy of any power of attomey issuedby the Companyin connectionwith suretybonds, shall be valid and bindingupon the Companywith the sameforceand effectas thoughmanuallyaffixed.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this ) v
clay of__ _____ — e} t-,)J.

Pv
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4, otANP cis ReneeC. Llewellyn,AssistantSecretary6%7, t•ev y1 * 0 yI t N y ' LMS- 12i373 LMic OCIC WAIC Multi Co 12/ 19
171
Executed in Triplicate
Pine/ Euclid Ave. Improvements - Van Vliet Premium: Included in Performance Bond No.: 024247172
Contract No.:
zoz) - -, y--Approved: - T 1'Z t lit, 4,

WARRANTY BOND
TRACT MAP NO. 20161
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," haveenteredintoan agreementwherebyPrincipalhasagreedto warrantandguarantee the installation, completion, and maintenance of certain designated public improvements, which said agreement, dated JULY 21, 2020 and identified as Project No. TM 20161 , 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 ONE HUNDRED SEVENTY-THREE THOUSAND THREE HUNDRED THIRTY Dollars $ 173, 330. 00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, suc cessors, 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 performthe covenants, conditions, and provisionsin 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, incurredby the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named, on July 23, 2020
Chino Preserve Development Corporation The Ohio Casualty Insurance Company

PRINCIPAL SURETY
By:

See Attached
By:

J9sSica3 Garcia, Attome act

SIGNATURE( S) MUST BE NOTARIZED
Rev. 04/ 2019) Page 1 of 1
172
Signature Page for Bond #: 024247172

CHINO PRESERVE DEVELOPMENT CORPORATION,
a California corporation
By:

Name: B n oodman
Its: Authori Agent
173

State of California
County of San Bernardino
On July 28, 2020 before me, Tanya K. Nesmith, Notary Public insert name arid title of the officer)
personally appeared Bryan Goodman
who provedto me on the basis of satisfactoryevidenceto be the person(s) whose name(s) is/are subscribes 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 signatui e(s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.

I certify under PENALTYOF PERJURYunderthe laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

TANYAK. NESMITH
Notary Public- California
San Bernardino County
1 Commission# 2254448
MyComm.ExpiresAug16,2022
Signature ' '
l
t L - d ui Seal)
174
OW ThisPowerofAttorneylimitstheactsofthosenamedherein,andtheyhavenoauthorityto bindtheCompanyexceptin themannerandtotheextenthereinstated. r % Liberty Liberty Mutual Insurance Company
Mutual® The Ohio Casualty Insurance Company Certificate No: 8203482- 000001 West American Insurance CompanySURETY

POWER OF ATTORNEY
KNOWNALLPERSONSBYTHESEPRESENTS:ThatTheOhioCasualtyInsuranceCompanyisacorporationdulyorganizedunderthelawsoftheStateofNewHampshire,that LibertyMutualInsuranceCompanyisacorporationdulyorganizedunderthelawsoftheStateofMassachusetts,andWestAmericanInsuranceCompanyisacorporationdulyorganized underthelawsoftheStateofIndiana(hereincollectivelycalledthe"Companies"),pursuanttoandbyauthorityhereinsetforth,doesherebyname,constituteandappoint, MariaI visa R.Aguinaldo,AntonioAlvarado,BrettD. Asmus,VictorA. Ballesteros,DebraBell,JaneIL Block,ShirleyA.Cwnpi,JorgeCorrea,MichaelJ.Forman,Jessica('iarcia, Sandra(iaytan,BeckyGomez,Vulb°,JimHume,Maricelatares,BrianNgarc,JennyT.Nguyen,RajanPatel,MariaG.Rodriguez-Wong,AlexSanchez,Gerald Schumacher,MichaelStein,EsmeraldaUreno,LupeVillarreal,StevenC.White,AnthonyK.T.Yau all of the city of Orange state of CA eachindividuallyiftherebemorethanonenamed,itstrueandlawfulattorney-in-facttomake, execute,seal,acknowledgeanddeliver,forandonitsbehalfassuretyandasitsactanddeed,anyandallundertakings,bonds,recognizancesandothersuretyobligations,inpursuance ofthesepresentsandshallbeasbindingupontheCompaniesasiftheyhavebeendulysignedbythepresidentandattestedbythesecretaryoftheCompaniesintheirownproper persons
INWITNESSWHEREOF,thisPowerofAttorneyhasbeensubscribedbyanauthonzedofficerorofficialoftheCompaniesandthecorporatesealsoftheCompanieshavebeenaffixed thereto this 20th day of April , 2020
LibertyMutual InsuranceCompany
P
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The Ohio Casualty Insurance Company 7,
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1912 1919 1991
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QJ dJ1 sAcHo`' da ° MAMPs e. ' l / h01ANP a3 I / t /-'''' C
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By:
co
DavidM Carey,AssistantSecretaryto StateofPENNSYLVANIA
wrnCountyofMONTGOMERYssno
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On this 20th dayof April , 2020 before me personallyappeared David M Carey,who acknowledged himself to be the Assistant Secretaryof LibertyMutual Insurance o
o
PP Y 9 h-
ra Company,TheOhioCasualtyCompany,andWestAmericanInsuranceCompany,andthathe,assuch,beingauthorizedsotodo,executetheforegoinginstrumentforthepurposesTo(I) 0 therein contained by signing on behalf of the corporations by himself as a duly authorized officer. 0 W
ti 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. c o- vr o(.„
nocpO COMMONWEALTH OF PENNSYLVANIA C' T
b Notarial Seal 0- 0
OTeresa
Pastella, Notary Public N
C• Upper Merlon Twp. Montgomery County By: .
v L. 0 / V
Es j, My Commission Expires March 28. 2021 7i
0 ca
itm( A Member, Pe insylvar a Assoc ah
eresa Pastella,Notary Public
on of Notaries t).. O
coW O
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g alThisPowerofAttorneyismadeandexecutedpursuanttoandbyauthorityofthefollowingBy-lawsandAuthorizationsofTheOhioCasualtyInsuranceCompany, LibertyMutualY O. S Insurance Company,and West American Insurance Companywhich resolutions are now in full force and effect reading as follows: c1a)ar ARTICLEIV- OFFICERS:Section12.Powerof Attorney
o Any officer or other official of the Corporation authonzed for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the is- o tea
12 0 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 a)> V.
c 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. 0o''c
o ' 5. havefullpowertobindtheCorporationbytheirsignatureandexecutionofanysuchinstrumentsandtoattachtheretothesealoftheCorporation. Whensoexecuted,suchEcv Z v 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 2 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. o 0 ARTICLE XIII- Execution of Contracts: Section 5 Surety Bonds and Undertakings.

U`-
AnyofficeroftheCompanyauthorizedforthatpurposeinwritingbythechairmanorthepresident,andsubjecttosuchlimitationsasthechairmanorthepresidentmayprescribe, I— shallappointsuchattorneys-in-fact,as maybe necessarytoactin behalfoftheCompanyto make,execute,seal,acknowledgeanddeliverassuretyanyandall undertakings, bonds,recognizancesandothersuretyobligations.Suchattorneys-in-factsubjecttothelimitationssetforthintheirrespectivepowersofattorney,shallhavefullpowerto bindthe CompanybytheirsignatureandexecutionofanysuchinstrumentsandtoattachtheretothesealoftheCompany.Whensoexecutedsuchinstrumentsshallbeasbindingasif signedby the presidentand attestedby the secretary.

Certificateof Designation-ThePresidentoftheCompany,actingpursuanttotheBylawsoftheCompany,authorizesDavidM.Carey,AssistantSecretarytoappointsuchattorneys-in- tactasmaybenecessarytoactonbehalfoftheCompanytomake,execute,seal,acknowledgeanddeliverassuretyanyandallundertakings,bonds,recognizancesandothersurety obligations
Authorization-ByunanimousconsentoftheCompany's BoardofDirectors,theCompanyconsentsthatfacsimileormechanicallyreproducedsignatureofanyassistantsecretaryofthe Company,whereverappearingupona certifiedcopyof anypowerofattorneyissuedbytheCompanyinconnectionwithsuretybonds,shallbevalidandbindingupontheCompanywith the sameforceand effectas thoughmanuallyaffixed.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this I-- r
Y
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By:

ReneeC.Llewellyn,AssistantSecretary
LMS- 12873 LMIC OCIC WAIC Multi Co 12/ 19
175
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 C, ri.- S . c.,. ' C.ti'"` S•. t-, c, cx-&<•, tYt1.-..•; x r., K' '' ti`,-, .„^:. f__,.•,-x-`, c/:,:<. 1. 5. i;` ti(:._ ti( n`,-<• ,' t`.,-' C:ti(:-. 7, C; ' n" '" Y-+/' n: 5:ri: 1 A notarypublicor other officer completingthis certificateverifiesonly the identityof the individualwho signedthe documentto whichthis certificateis attached,and notthetruthfulness,accuracy,or validityof thatdocument.

State of California
County of Orange
On
7/ i,),7 t, before me, Antonio Alvarado, Notary Public Date Here Insert Name and Title of the Officer
personally appeared Jessica Garcia
Name( s) of Signer( s)
whoprovedto meon thebasisof satisfactoryevidenceto betheperson(e) whosenamc(a)eare subscribedto the within instrument and acknowledged to me that heeithey executed the same in his/her/their authorized capacity( ilac), and that by his of, heir signature(}- on the instrument the person{ ej; or the entity upon behalf of which the person4&)- 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 , d and offi ial al.

ANTONIOA2VAWO
a Notary
Orange
PL,Oc
County
Signatur;/ f, ti
va° fr OrangeCo nry f Sign. . e of otary PublicCornmiss,or 4 2221608 v
My Gomm ExpiresNcv 12,2021
Place Notary Seal Above

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

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

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

Capacity( ies) Claimed by Signer( s)
Signer' s Name: Jessica Garcia Signer' s Name:

Corporate Officer— Title( s):

Ei Corporate Officer— Title( s):

L- Partner— Limited General 0 Partner— 0 Limited 0 General El Individual Attorney in Fact Individual r- Attorney in Fact Trustee E Guardian or Conservator Trustee Guardian or Conservator 0 Other: E Other:

Signer Is Representing: Iv, e ` ht G (, L‘,, L C{1),, i)
Signer Is Representing:
2014 National Notary Association • www. NationalNotary. org • 1-800- US NOTARY( 1-800- 876- 6827) Item# 5907 LMS- 14067 12/ 14
176
Executed in Triplicate
Pine Ave. Stage 3 Improvements - Van Vliet Bond No.:$ 16, 114. 00 Bond No.: 024247173
Contract No.: 4
Approved: 2- 0 # 9_

FAITHFUL PERFORMANCE BOND
TRACT MAP NO. 20161
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 Principalagrees to install and complete certain designated public improvements, which said agreement, dated JULY 21, 2020 and identified as Project No. TRACT MAP NO. 20161 is hereby referredto 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 as surety, are held and firmly bound unto the City of Chino in the penal sum of FOUR MILLION TWENTY-EIGHT THOUSAND FOUR HUNDRED Dollars($ 4, 028, 400. 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 includedcostsand reasonableexpensesand fees includingreasonableattorneys' fees, incurredby City in successfullyenforcing 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 herebywaive 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 July 23, 2020
Chino Preserve Development Corporation The Ohio Casualty Insurance Company

PRINCIPAL SURETY
By: See Attached
By: L
Jessi arcia, Attorney In Fact

SIGNATURES MUST BE NOTARIZED
Rev. 04/ 2019) Page 1 of 1
177
Signature Page for Bond #: 024247173

CHINO PRESERVE DEVELOPMENT CORPORATION,
a California corporatio
By:

Name: Van Goodman
Its: Author' ed Agent
178

State of California
County of San Bernardino
On July 28, 2020 before n- rr, Tanya K. Nesmith, Notary Public insert name and title of the officer)
personally appeared Bryan Goodman
who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/are subscribedto the within instrument and acknowledgedto methat 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 PENALTYOF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal. TANYA K NESMITHa Notary Public- California
e San Bernardino County T.

Commission„ 2254448
9 My Cumin. Expires Aug 16, 2022
Signature LMM' fL
te Seal)
U
179
This Power of Attorney limits the acts of those named herein, and they have no authority towir bind the Company except in the manner and to the extent herein stated.

Liberty Liberty Mutual Insurance Company
0 ' Mutual. The Ohio Casualty Insurance Company Certificate No 8203482- 000001 West American Insurance Company
SURETY

LibertyMutual InsuranceCompany
P, \
NSu,
PcjvINst, NSURq
The Ohio Casualty Insurance Company 7;,
A, GORPOR4, ' coGo POR4, 9y `., cp . 4r tic West American Insurance Company D 3 Fo m Q . Fo n p r Fo to
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1919
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By:
ea David M Carey,AssistantSecretary
io State of PENNSYLVANIA cc
a) rn Countyof MONTGOMERY
Ss al
MU On this 20th day of April , 2020 beforemepersonallyappearedDavidM.Carey,whoacknowledgedhimselftobetheAssistantSecretaryof LibertyMutualInsurance rn 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 W
thereincontainedbysigningonbehalfofthecorporationsbyhimselfasadulyauthorizedofficer IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Kingof Prussia, Pennsylvania, on the day and year first above written c a- c'
2m
fl COMMONWEALTH OF PENNSYLVANIA Q'
O Notarial Seal f" 0 c-
Teresa Pastella, Notary Public
v
0 0
c.-'
Upper Meson Twp., Montgomery County By: y EN My Commission Expires March 28 2021 p CO eresaPastella,Notary Public1)-.'' Member, Pennsylvania Association of Notaries Cl. o tT n Q
t This Power of Attorney is made and executed pursuant toand by authority of the following By-laws and Authonzations of The Ohio Casualty Insurance Company, Liberty Mutual

0. g. Insurance Company,and West American Insurance Companywhich resolutions are now in full force and effect reading as follows: aa) ARTICLE IV- OFFICERS: Section 12. Power of Attorney
o 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 . i 12 v 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 > c) anyandallundertakings,bonds,recognizancesandothersuretyobligationsSuchattorneys-in-fact,subjecttothelimitationssetforthintheirrespectivepowersofattorney,shallYN havefullpowertobindtheCorporationbytheirsignatureandexecutionofanysuchinstrumentsandtoattachtheretothesealoftheCorporation. Whensoexecuted, suchE evo instruments shall be as bindingas if signed bythe President and attested to bythe Secretary.Anypower or authoritygranted to anyrepresentative or attorney- in- fact under the._ c ZU 9 rY P Y
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. c 0 ARTICLE XIII- Execution of Contracts: Section 5. Surety Bonds and Undertakings o AnyofficeroftheCompanyauthorizedforthatpurposeinwritingbythechairmanorthepresident,andsubjecttosuchlimitationsasthechairmanorthepresidentmayprescribe, I—.- shall appointsuch attorneys-in-fact, as may be necessaryto act in behalf of the Companyto make, execute, seal, acknowledgeand deliver as surety any and all undertakings, _ bonds,recognizancesand othersurety obligations.Suchattorneys-in-fact subject to the limitationsset forth in their respectivepowersof attorney, shall have full powerto hindthe Companybytheirsignatureandexecutionofanysuchinstrumentsandto attachtheretothesealof theCompanyWhensoexecutedsuchinstrumentsshallbeasbindingasit signedby the presidentand attestedby the secretary.

I, Renee C. Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty InsuranceCompany,LibertyMutual InsuranceCompany, and West Amencan InsuranceCompanydo herebycertifythattheoriginalpowerofattorneyofwhichtheforegoingisa full,trueandcorrectcopyofthePowerofAttorneyexecutedbysaidCompanies,isinfullforceandeffectand has not been revoked.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this )'' day of J L, l t 2C) Pv\ NSURq P0,
1 INSVR vy \NSW?
J obaPoa4r yn hJ c° aPoa4} 9y VPGoµvor4Ttic
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MpS da s DIAN Aar
By
Renee C. Llewellyn,AssistantSecretary
LMS- 12873 LMIC OCIC WAIC Multi Co 12/ 19
180
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189

7. cslt .•• riMo. n.. nn :. rY"., f: C?RSt2csftlK?. eK v , Anotarypublicorotherofficercompletingthiscertificateverifiesonlytheidentityoftheindividualwhosignedthe documenttowhichthiscertificateisattached,andnotthetruthfulness,accuracy,orvalidityofthatdocument.

State of California
County of Orange
On 7/ beforeme, AntonioAlvarado,NotaryPublic
Date Here Insert Name and Title of the Officer
personally appeared Jessica Garcia
Name( s) of Signer( s)
who proved to me on the basis of satisfactory evidence to be the person4$ whose name( ei- i are subscribed to thewithininstrumentandacknowledgedtomethatheithey executedthesameinhis a heirauthorized capacity( ioo), end that by hisjiet their signatur - on the instrument the person(ej- or the entity upon behalf ofwhich the person(- acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of
the Stateof Californiathat the foregoingparagraphis true and correct.

WITNESS my h d official seal.

I
FANoNioa. wnwaCo
rr. NotaryPLb[ - Canrorrna Signaturti
t_ Orange Ca: /
ature of Notary Public
L'
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Comm cp .
i '',MyCommx, ire Nc' 2.20151
iewunosra
Place Notary SealAbove

OPTIONAL
Thoughthissectionis optional, completingthisinformationcandeteralterationof thedocumentor fraudulent reattachment of this form to an unintended document.

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

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

Capacity(ies) Claimed by Signer(s)
Signer' s Name: Jessica Garcia Signer' s Name:

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

Partner— 0 Limited 0 General 0 Partner— 0 Limited 0 General Individual Attorney in Fact 0 Individual 0 AttorneyinFact Trustee 0 Guardian or Conservator 0 Trustee 0 GuardianorConservator Other:
0 Other:

Signer Is Representing: The Ohio Casualty Insurance Signer Is Representing:

Company
K' M. tMw: C >, 4 . c^ t3M^ r+ Srv^- , c^. c v^, clv^,..^, c 3.'^ r,. .. 4: 6csa, c- os-( .,, 4- 4c^ Y`w- 4rti s, acr mt. rsC . c(`. c ksY•',r; l: t 2014NationalNotaryAssociation •www.NationalNotary.org• 1-800-USNOTARY(1-800-876-6827)Item#5907 LMS- 14067 12/ 14
181
Executed in Triplicate
Pine Ave. Stage 3 Improvements - Van Vliet Premium: Included in Performance Bond No.: 024247173
Contract No.:
2, 0Z $

14. 7.4
Approved:
if 21 2.0 44.

LABOR AND MATERIAL BOND
TRACT MAP NO. 20161
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 JULY 21. 2020 and identified as Project No. TRACT MAP NO. 20161 , 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 California.

NOW, THEREFORE, said Principal and the undersigned, as corporate surety, are held and firmly bound unto the City of Chino, and all contractors, subcontractors, laborers, 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 TWO MILLION FOURTEEN THOUSAND TWO HUNDRED Dollars ($ 2, 014, 200. 00) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

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.

IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named, on July 23, 2020
Chino Preserve Development Corporation The Ohio Casualty Insurance Company

PRINCIPAL SURETY
By:

See Attached By:

4.lThe'
Jesc Garcia, Attom y In Fact

SIGNATURE( S) MUST BE NOTARIZED
Rev. 04/ 2019) Page 1 of 1
182
Signature Page for Bond #: 024247173

CHINO PRESERVE DEVELOPMENT CORPORATION,
a California corpo ation
a„By:

Name: Br n Goodman
Its: Authoriz Agent
183

ACKNOWLEDGMENT
A notary public or other officer completingthis
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 July 28, 2020 before me, Tanya K. Nesmith, Notary Public insert name and title of the off(:; r)
personally appeared Bryan Goodman
who proved to me on the basis of satisfactoryevidenceto be the person(s) whose name(s) is/are subscribedtothewithininstrumentandacknowledgedto methathe/she/theyexecutedthe samein 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 certifyunderPENALTYOFPERJURYunderthelawsoftheStateof Californiathattheforegoing paragraph is true and correct.

TANYAK. NESMITH
Notary Public- CaliforniaWITNESS my hand and official seal. 3 San Bernardino County

1. 4 Commission r 2254448
MyComm.ExpiresAug 16. 2022
Signature ( id! JC2- ? ( V. 7;rz - Seal)
184
ThisPowerofAttorneylimitstheadsofthosenamedherein,andtheyhavenoauthorityto r~., bindtheCompanyexceptinthemannerandtotheextenthereinstated.

VoLiberty LibertyMutualInsuranceCompany
P ' Mutual®
The Ohio Casualty Insurance Company Certificate No: 8203482- 000001 West American Insurance Company
SURETY

INWITNESSWHEREOF,thisPowerofAttorneyhasbeensubscribedbyanauthorizedofficerorofficialoftheCompaniesandthecorporatesealsoftheCompanieshavebeenaffixed thereto this 20th day of April , 2020
LibertyMutualInsuranceCompany
v iNsuq v- sv INsU,p d \ HStJ The Ohio CasualtyInsuranceCompany Jp ° aPeR4lqc+ JPGoavoa4} 9y ciQcOaPOR4}F
1, West American Insurance Company as13
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1912 0 - 1919 14 1991 0 v
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art ' s NOIANP dD
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ro David M Carey,AssistantSecretary
co State of PENNSYLVANIA
c
ti
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ar , County of MONTGOMERY
SS
cO
4U.. On this 20th day of April , 2020 before me personally appeared David M Carey,who acknowledged himself to be the Assistant Secretary of LibertyMutual Insurance_ F__ TsCompany,TheOhioCasualtyCompany,andWestAmericanInsuranceCompany,andthathe,assuch,beingauthorizedsotodo,executetheforegoinginstrumentforthepurposesTo'(/) therein contained by signing on behalf of the corporations by himself as a duly authorized officer. y ii
0 w
p INWITNESSWHEREOF,IhavehereuntosubscribedmynameandaffixedmynotarialsealatKingofPrussia,Pennsylvania,onthedayandyearfirstabovewritten. oa CO• N COMMONWEALTH OF PENNSYLVANIA
a O
Notarial Seal O
Teresa Pastella, NotaryPublic
ro
O' Upper Meson rwp., Montg mery County By: ,
Qa / d,t116J E
c t17 My Commission Expires March 28, 2021 0 ro
Q)
TeresaPastella,NotaryPublic
iU (
A
Member, Pennsylvania Association of Notaries
N
0 v
CD
ro ` di
a? This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authonzations of The Ohio Casualty Insurance Company, Liberty Mutual 4--
0,
S Insurance Company,and West American Insurance Companywhich resolutions are now in full force and effect reading as follows:
a a)
ARTICLE IV- OFFICERS: Section 12. Power of Attorney p o/ o to_ AnyofficerorotherofficialoftheCorporationauthonzedforthatpurposeinwritingbytheChairmanorthePresident, andsubjecttosuchlimitationastheChairmanorthem_0 Presidentmayprescribe,shallappointsuchattorneys-in-fact,asmaybenecessarytoactinbehalfoftheCorporationtomake,execute,seal,acknowledgeanddeliverassurety >,. anyandallundertakings,bonds,recognizancesandothersuretyobligations.Suchattorneys-in-fact,subjecttothelimitationssetforthintheirrespectivepowersofattorney,shall o• ; havefullpowertobindtheCorporationbytheirsignatureandexecutionofanysuchinstrumentsandtoattachtheretothesealoftheCorporation. Whensoexecuted,suchEcv Z v 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 co 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 o t.j U r
ARTICLEXIII- ExecutionofContracts:Section5.SuretyBondsandUndertakings AnyofficeroftheCompanyauthorizedforthatpurposeinwritingbythechairmanorthepresident,andsubjecttosuchlimitationsasthechairmanorthepresidentmayprescribe, — shallappointsuchattorneys-in-fact,asmaybenecessarytoactinbehalfoftheCompanytomake,execute,seal,acknowledgeanddeliverassuretyanyandallundertakings, bonds,recognizancesandothersuretyobligations.Suchattorneys-in-factsubjecttothelimitationssetforthintheirrespectivepowersofattorney,shallhavefullpowertobindthe CompanybytheirsignatureandexecutionofanysuchinstrumentsandtoattachtheretothesealoftheCompanyWhensoexecutedsuchinstrumentsshallbeasbindingasif signedbythepresidentandattestedbythesecretary.

Authorization-ByunanimousconsentoftheCompany'sBoardofDirectors,theCompanyconsentsthatfacsimileormechanicallyreproducedsignatureofanyassistantsecretaryofthe Company,whereverappearinguponacertifiedcopyofanypowerofattorneyissuedbytheCompanyinconnectionwithsuretybonds,shallbevalidandbindingupontheCompanywith thesameforce and effectas thoughmanuallyaffixed.

I, ReneeCLlewellyn,theundersigned,AssistantSecretary,TheOhioCasualtyInsuranceCompany,LibertyMutualInsuranceCompany,andWestAmericanInsuranceCompanydo herebycertifythattheoriginalpowerofattorneyofwhichtheforegoingisafull,trueandcorrectcopyofthePowerofAttomeyexecutedbysaidCompanies,isinfullforceandeffectand has not been revoked_
r` '
1 l
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this ti
day of I- r L,)
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INS R ZU
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S NoiANP da Renee C. Llewellyn,AssistantSecretary9j> * t,x4 ill * 0 d t.1 * lei LMS- 12873 LMIC OCIC WAIC Multi Co_ 12/ 19
185
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
On 7/?" 77/x Lr7-0 beforeme, AntonioAlvarado,NotaryPublic Date Here Insert Name and Title of the Officer
personally appeared JessicaGarcia
Name( s) of Signer( s)
who proved to me on the basis of satisfactory evidence to be the person4. 0 whose names / are subscribed to the within instrument and acknowledged to me that he/ they executed the same in his/mil'/their authorized capacity( ies), and that by his/ their signatures} on the instrument the person( , or the entity upon behalf of which the person( e) 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 d official seal.

ANTONIOALVAZADO
NotaryPublic— California Signature
Orange Countyn ature of Notary Publicz
Commission a 2221808
My Comm.ExpiresNov 12 2021
Place Notary Seal Above

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

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

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

Capacity( ies) Claimed by Signer( s)
Signer' s Name: Jessica Garcia Signer' s Name:

Corporate Officer— Title( s):

J Corporate Officer— Title( s):

El Partner— Limited General L Partner— El Limited n General LI Individual Attorney in Fact n Individual n Attorney in Fact Trustee n Guardian or Conservator Trustee Guardian or Conservator 111Other: 0 Other:

Signer Is Representing: TyNt
C1
Cow L jvts 1-{ Signer Is Representing:

Wi. dALt C CuvI
2014 National Notary Association • www. NationalNotary. org• 1- 800- US NOTARY( 1- 800- 876- 6827) Item# 5907 LMS- 14067 12/ 14
186
Executed in Triplicate
Pine Ave. Stage 3 Improvements - Van Vliet Premium: Included in Performance Bond No.: 024247173
Contract No.:

Approved:
2 Q Z 1 - 014
1121120 gi#9

WARRANTY BOND
TRACT MAP NO. 20161
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," haveenteredintoan agreementwherebyPrincipalhasagreedto warrantandguarantee the installation, completion, and maintenance of certain designated public improvements, which said agreement, dated JULY 21, 2020 and identified as Project No. TM 20161 , 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 FOUR HUNDRED TWO THOUSAND EIGHT HUNDRED FORTY Dollars $ 402, 840. 00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, suc cessors, 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.

IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named, on August 24, 2020
Chino Preserve Development Corporation The Ohio Casualty Insurance Company

PRINCIPAL SURETY
By: See Attached By: l
Jessic G cia, Attorney In Fact

SIGNATURE( S) MUST BE NOTARIZED
Rev. 04/ 2019) Page 1 of 1
187
Signature Page for Warranty Bond #: 024247173

CHINO PRESERVE DEVELOPMENT CORPORATION,
a California corpor tion
Name: B an Goodman
Its: Author' d Agent
188
ThisPowerofAttorneylimitstheactsofthosenamedherein,andtheyhavenoauthoritytosr bind the Company except in the manner and to the extent herein stated.

Liberty Liberty Mutual Insurance Company
P $ Mutual The Ohio Casualty Insurance Company Certificate No: 8203373- 000001 West American Insurance CompanySURETY

INWITNESSWHEREOF,thisPowerofAttorneyhasbeensubscribedbyanauthorizedofficerorofficialoftheCompaniesandthecorporatesealsoftheCompanieshavebeenaffixed thereto this 26th day of March , 2020 .

LibertyMutualInsuranceCompany
P,,
INSUp- Pcvi
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David M. Carey,AssistantSecretaryt c State of PENNSYLVANIA ss
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N pt Countyof MONTGOMERY co
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On this 26th day of March , 2020 before me personally appeared David M. Carey,who acknowledged himself to be the Assistant Secretaryof Liberty Mutual Insurance o
io Company,TheOhioCasualtyCompany,andWestAmericanInsuranceCompany,andthathe,assuch, beingauthorizedsotodo,executetheforegoinginstrumentforthepurposes NCO
therein contained by signing on behalf of the corporations by himself as a duly authorized officer.

A Ii
CIN
WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Kingof Prussia, Pennsylvania, on the day and year first above written. c sn o
o COMMONWEALTH OF PENNSYLVANIA Q V'
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Upper Menon 7wp Montgomery County By: y
My Corneyssion Expires March 28. 2021
Teresa PaStella, Notary Public 0 ( ti
0) N Men, rr. Fenn ylvani- riAssociation of Notaes 0— Q asrn 0
ThisPowerofAttorneyismadeandexecutedpursuanttoandbyauthorityofthefollowingBy-lawsandAuthorizationsofTheOhioCasualtyInsuranceCompany, LibertyMutual

9. Insurance Company,and West American Insurance Companywhich resolutions are now in full force and effect reading as follows:
o c
N
ARTICLEIV- OFFICERS:Section12.PowerofAttorney.
o 2 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 ru. 0 o
v 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 > 0 anyandallundertakings,bonds,recognizancesandothersuretyobligations.Suchattorneys-in-fact,subjecttothelimitationssetforthintheirrespectivepowersofattorney,shall .c CV IS ;_
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 E
CO
Z v 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 2 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. o 0 ARTICLE XIII- Execution of Contracts: Section 5. SuretyBonds and Undertakings.

U
AnyofficeroftheCompanyauthorizedforthatpurposeinwritingbythechairmanorthepresident,andsubjecttosuchlimitationsasthechairmanorthepresidentmayprescribe, (—''- shallappointsuchattorneys-in-fact,asmaybenecessarytoactinbehalfoftheCompanytomake,execute,seal,acknowledgeanddeliverassuretyanyandallundertakings, bonds,recognizancesandothersuretyobligations.Suchattorneys-in-factsubjecttothelimitationssetforthintheirrespectivepowersofattorney,shallhavefullpowertobindthe CompanybytheirsignatureandexecutionofanysuchinstrumentsandtoattachtheretothesealoftheCompany.Whensoexecutedsuchinstrumentsshallbeasbindingasif signedbythepresidentandattestedbythesecretary.

Authorization-ByunanimousconsentoftheCompany'sBoardofDirectors,theCompanyconsentsthatfacsimileormechanicallyreproducedsignatureofanyassistantsecretaryofthe Company,whereverappearinguponacertifiedcopyofanypowerofattorneyissuedbytheCompanyinconnectionwithsuretybonds,shallbevalidandbindingupontheCompanywith the sameforceand effectas thoughmanuallyaffixed.

I,ReneeC.Llewellyn,theundersigned,AssistantSecretary,TheOhioCasualtyInsuranceCompany,LibertyMutualInsuranceCompany,andWestAmericanInsuranceCompanydo herebycertifythattheoriginalpowerofattorneyofwhichtheforegoingisa full,trueandcorrectcopyofthePowerofAttorneyexecutedbysaidCompanies,is infullforceandeffectand has not been revoked.
11,IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this ' day of A115(,V , r-0
Pv INSUk Pam'
P INS&
INSURq
ONPORgrCF QJ
40µPORgr t `= OpPpqT i(.
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6 * *
xa ReneeC. Llewellyn,AssistantSecretary
LMS- 12873 LMIC OCIC WAIC Multi Co 12/ 19
189
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notarypublicor otherofficercompletingthiscertificateverifiesonlytheidentityof the individualwhosignedthe documentto whichthiscertificateis attached,andnot thetruthfulness,accuracy,or validityof thatdocument.

State of California
County of Orange
On 0- Q V- G7t .) before me, L 0' I 0" fQ! kt, 5.G Notary Public
Date Here Insert Name and Title of the Officer
personally appeared JessicaTinoco Garcia
Name( s) of Signer( s)
who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), 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 GLORIAM. BARKOSKI
and correct.

COMM.# 2219653 z WITNESS my hand and official seal.
4o' NOTARYPUBLIC-CALIFORNIA
C'
L'S'
r-

ORANGE COUNTY
MyComm.ExpiresNov.20,2021
Signature, eL. / 0- c-<--._._ W .. v r7Z.

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: Signer( s) Other Than Named Above:

Capacity( ies) Claimed by Signer( s)
Signer' s Name: Jessica Garcia Signer' s Name:

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

Partner— 0 Limited 0 General Partner— Limited 0 General I I Individual Attorney in Fact Individual Attorney in Fact E Trustee 7 Guardian or Conservator 7 Trustee Guardian or Conservator 0 Other: Other:

Signer Is Representing: The Ohio Casualty Insurance Signer Is Representing:

Company
t
1 '. f: n„ . F.< h.. .' 4 1. i , n.< w , a,,;. n z. 5_ x ';. i 1.: C n.. .

4. h;<< :... n :•_.<,. 1
2014 National Notary Association• www. NationalNotary. org• 1-800- US NOTARY( 1-800- 876- 6827) Item# 5907 LMS- 14067 12/ 14
190

ACKNOWLEDGMENT
A notary public or other officer completingthis
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 August 26, 2020 before me, Tanya K. Nesmith, Notary Public insert name and title of the officer)
personally appeared Bryan Goodman
who provedto me on the basis of satisfactoryevidenceto be the person(s) whose name(s) is/are subscribedto the within instrumentand acknowledgedto me that he/she/they executedthe 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 certifyunderPENALTYOF PERJURYunderthelawsoftheStateof Californiathattheforegoing paragraph is true and correct.

TANYA K. NESMITH
WITNESS my hand and official seal. Notary Public- California e_-+ . - i San Bernardino County
J Commission# 2254448
My Comm. Exp- es Aug 16, 2022
I% ?''';
r
Signature ( Seal)
191
Executed in Triplicate
In- Tract Van Vliet & Pine Ave. Stage 2 Premium: $ 27, 446. 00 Bond No.: 024247170
Contract No.: 2 D2 I - O7 e}
AApproveed: ' 1 21I O #. q

FAITHFUL PERFORMANCE BOND
TRACT MAP NO. 20161
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 July 21, 2020 and identified as Project No. Tract Map No. 20161 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 as surety, are held and firmly bound unto the City of Chino in the penal sum of Six Million Eight Hundred Sixty- One Thousand Five Hundred Dollars ($ 6, 861, 500. 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.

IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named, on July 23, 2020
Chino Preserve Development Corporation The Ohio Casualty Insurance Compaq __

PRINCIPAL SURETY
By: See Attached By: t . Y LA,A
Jessic‘ Garcia, Attorney In Fact

SIGNATURES MUST BE NOTARIZED
Rev. 04/ 2019) Page 1 Of 1
192
Signature Page for Bond #: 024247170

CHINO PRESERVE DEVELOPMENT CORPORATION,
a California cor orat. n
By:

Name: ryan Goodman
Its: Auth ' zed Agent
193

State of California
County of San Bernardino
On July 28, 2020 bofr; re rrre, Tanya K. Nesmith, Notary Public insert name and title of the officer)
personally appeared Bryan Goodman
who provedto me on the basis of satisfactoryevidenceto be the person(s) whose name(s) is/are subscribedto the within instrument and acknowledgedto 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 certifyunderPENALTYOF PERJURYunderthe lawsoftheStateof Californiathattheforegoing paragraph is true and correct.

WITNESS my hand and official seal. TANYA K. NESMITH Notary Public- California
e. < San Bernardino County
2 Commission x 2254448
My Comm,ExpiresAug 16, 2022
Signature /'' 11'' C, t / ''} (% Seal)
194
ThisPowerof Attorneylimitstheactsof thosenamedherein,andtheyhaveno authoritytoow bind the Company except in the manner and to the extent herein stated. lV.k, Liberty Liberty Mutual Insurance Company
All' Mutual. The Ohio Casualty Insurance Company Certificate No: 8203482- 000001 West American Insurance CompanySURETY

12.Aguinaldo,AntonioAlvarado,BrettD. Asmus,Victor A. Ballesteros,DebraBell, JaneI . Block,Shirley A. Campi,JorgeCorrea,MichaelJ. Forman,JessicaGarcia, Sandra Gaytan, Becky Gomez, Vu Ho, Jim I MaricelaI ares,BrianNgare,Jenny'F.Nguyen,RajanPatel,Maria G. Rodriguez-Wong,Alex Sanchez,Gerald Schumacher,MichaelStein,EsmeraldaUreno,LupeVillarreal, StevenC. White,AnthonyK.T. Van all of the city of Orange state of CA eachindividuallyiftherebemorethanonenamed,itstrueandlawfulattorney-in-facttomake, execute,seal,acknowledgeanddeliver,forandonitsbehalfassuretyandasitsactanddeed,anyandallundertakings,bonds,recognizancesandothersuretyobligations,inpursuance ofthesepresentsandshallbeasbindingupontheCompaniesasiftheyhavebeendulysignedbythepresidentandattestedbythesecretaryoftheCompaniesintheirownproper persons.

PcoINst, 0 \ NSUR The Ohio Casualty Insurance Company y c&
Poo., 4,
y•
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Poe 9, c oo- PO44l 4, West American Insurance Company co
gJ =
Fo in a ^` r 3 Fa m i
en
1912 0 1919 1991 In
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a d o a)
Q)
Yd gSSAcuo- at) O hhAMPs ' % NotAN,' a,
sir/ 7' C
c ej7 * 1- yl * hid
s
M * 0 By: rj
MI David M. Carey,AssistantSecretary
t"
m` State of PENNSYLVANIA c
a) rn Countyof MONTGOMERY
ss
m
c
On this 20th day of April , 2020 before me personally appeared David M. Carey,who acknowledged himself to be the Assistant Secretaryof Liberty Mutual Insurance_ Fo- al Company,TheOhioCasualtyCompany,andWestAmericanInsuranceCompany,andthathe,assuch,beingauthorizedsotodo,executetheforegoinginstrumentforthepurposes (--76U) mtherein
contained by signing on behalf of the corporations by himself as a duly authorized officer U
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 c n c•- o
0 ,- COMMONWEALTH OF PENNSYLVANIA V
a Notarial Seal O`0
O N Teresa Pastella, Notary Public

4....4140 tdCUpper Menon Twp., Montgomery County By;
OEMy Commission Expires March 28, 2021
cress Pastella,NotaryPublic
Member. Pennsylvania Association of Notaries Q-
t,;; ThusPowerof Attorneyis madeandexecutedpursuantto andby authorityof thefollowingBy-lawsandAuthorizationsof TheOhioCasualtyInsuranceCompany, LibertyMutual

0. 0 Insurance Company,and West American Insurance Companywhich resolutions are now in full force and effect reading as follows. O iroa> 8 toARTICLE
IV- OFFICERS: Section 12. Power of Attorney. a
Any officer or other official of the Corporation authonzed for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the. m_ o 23 U 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 > 0 ti
C
anyandallundertakings,bonds,recognizancesandothersuretyobligationsSuchattorneys-in-fact,subjecttothelimitationssetforthintheirrespectivepowersofattorney,shall,C o ' 5- havefullpowertobindtheCorporationbytheirsignatureandexecutionofanysuchinstrumentsandtoattachtheretothesealoftheCorporationWhensoexecuted, suchE tj z v 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 2 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 authonty cc0 ARTICLE XIII- Execution of Contracts: Section 5 Surety Bonds and Undertakings o(
9 AnyofficeroftheCompanyauthorizedforthatpurposeinwritingbythechairmanorthepresident,andsubjecttosuchlimitationsasthechairmanorthepresidentmayprescribe, H n- shall appointsuch attorneys-in-fact, as may be necessaryto act in behalf of the Companyto make, execute, seal, acknowledgeand deliver as surety any and all undertakings, bonds,recognizancesandothersuretyobligations.Suchattorneys-in-factsubjecttothelimitationssetforthintheirrespectivepowersof attorney,shallhavefullpowerto bindthe Companybytheirsignatureandexecutionofanysuchinstrumentsandto attachtheretothesealof theCompany.Whensoexecutedsuchinstrumentsshallbeasbindingasif signedby the presidentand attestedby the secretary
Certificateof Designation-ThePresidentoftheCompany,actingpursuanttotheBylawsoftheCompany,authorizesDavidM.Carey,AssistantSecretarytoappointsuchattorneys-in- fact as may be necessaryto act on behalf of the Companyto make,execute,seal, acknowledgeand deliver as surety any and all undertakings,bonds, recognizancesand other surety obligations
Authorization--ByunanimousconsentoftheCompany's BoardofDirectors,theCompanyconsentsthatfacsimileormechanicallyreproducedsignatureofanyassistantsecretaryofthe Company,whereverappearingupona certifiedcopyof anypowerofattorneyissuedbytheCompanyinconnectionwithsuretybonds,shallbevalidandbindingupontheCompanywith the sameforceand effectas thoughmanuallyaffixed.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this .! ' day of j V vU'? C) Pc INSUR,9 P,,-
0 INso d INSURq
GORPOR4111'%
J' ogPORAI` 9y
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4. a By,
Renee C. Llewellyn, Assistant Secrets6%7 * * yl * t• dM * t,N Y Secretary LMS- 12873 LMIC OCIC WAIC Multi Co_ 12/ 19
195
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 c, .^ yf s{% ti. r.- x' i'.. 6 „.-- S:,:. % tie n..< ii , 4<` n'. f.. tit`, c< x.;<\:, ;"'- ti., C s-. :-/:.,-. xx..: rti/-,-. ti‹:',;:' ci ., c ."}'. ti:',,: xx-- x; c...

State of California
County of Orange
On ' / 03 GI j before me, Antonio Alvarado, Notary Public Date Here Insert Name and Title of the Officer
personally appeared Jessica Garcia
Name( s) of Signer( s)
who proved to me on the basis of satisfactory evidence to be the persoq(.s4 whose name(ecreare subscribed to the within instrument and acknowledged to me that he i Y'they executed the same in hiss their authorized capacity( iee.)- and that by his( / their signatures}- en the instrument the person 4, or the entity upon behalf of which the persorr(sracted, 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 h and i eal.-`'.
i
I
4,,";!.:) ANTONIOALVARADO SignaturNotaryPubh; Cahforma
r Fr -•' Orange C Lrr, ature of Notary Public
i
u', comm,,,, on4« 21608
MyComm.=xplre, Nr.-;±2. 2071
Place Notary Seal Above

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

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

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

Capacity( ies) Claimed by Signer( s)
Signer' s Name: Jessica Garcia Signer' s Name:

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

Partner— Limited General 0 Partner— E Limited El General LI Individual Attorney in Fact El Individual El Attorneyin Fact C Trustee 0 Guardian or Conservator 1Trustee Guardian or Conservator Other: Other:

Signer Is Representing: - 1-y.-‘ C \I) Signer Is Representing:

CC6 V Ci V` N.

SOliA Q ( C,tiTI- 0
2014 National Notary Association • www. NationalNotary. org • 1-800- US NOTARY( 1-800- 876-6827) Item# 5907 LMS- 14067 12/ 14
196
Executed in Triplicate
in- Tract Van Vliet & Pine Ave. Stage 2 Premium: Included in Performance Bond No.: 024247170
Contract No.: . o 21 - 014
Approved: 112. 1 I ZO e_______

LABOR AND MATERIAL BOND
TRACT MAP NO. 20161
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 Principalagrees to install and complete certain designated public improvements, which said agreement, dated July 21. 2020 and identified as Project No. Tract Map No. 20161 is hereby referred to and made a part hereof; and WHEREAS,underthetermsofsaidagreement, Principalisrequired, beforeenteringupontheperformance of the work, to file a good and sufficient paymentbond 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 California.

NOW, THEREFORE, said Principalandthe undersigned, as corporatesurety, are heldandfirmlybound 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 Three Million Four Hundred Thirty Thousand Eight Hundred Dollars ($ 3, 430, 800. 00) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respectto such work or labor, that said suretywill paythe same in an amount not exceedingthe 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 reasonableexpensesand fees, including reasonableattorneys'fees, incurred by City in successfullyenforcing such obligation,to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

Should the condition of this bond be fully performed, then this obligation shall become null and void, 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 accompanyingthe 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 July 23, 2020
Chino Preserve Development Corporation The Ohio Casualty Insurance Company _

PRINCIPAL SURETY
By:

See Attached
By
Jess. a arcia, A orney In act

SIGNATURE( S) MUST BE NOTARIZED
Rev 04/ 2019) Page 1 of 1
197
Signature Page for Bond #: 024247170

CHINO PRESERVE DEVELOPMENT CORPORATION,
a California corpor do
By:

Name: B an Goodman
Its: Authori d Agent
198

ACKNOWLEDGMENT
A notary public or other officer completingthis
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 July 28, 2020 before me, Tanya K. Nesmith, Notary Public insert name and title of tl-rc officer)
personally appeared Bryan Goodman
who proved to me on the basis of satisfactoryevidenceto be the person(s) whose name(s) is/are subscribedto the w i_r';in instrumentand acknowledgedto 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 PENALTYOF PERJURY underthe laws of the State of California that the foregoing paragraph is true and correct.

TA: K. NESMITH
WITNESS my hand and official seal. Notary Public- California Irtib San Bernardino County
Commission# 2254448
My Comm. ExpiresAug 16, 2022
Signature (///, Y 4 y2?%'.<7 Seal)
199
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 1" r, 1er1' 1i<• i'. -. ti x- x ,-, c- h. S 9., A .<' ry.-,: x" u- 1l, ir 1. :,,: 4C, c,-,: x. 1;( x- 0, 2' r1. C/ v. ,:,,. 1,\- 3,-. y^
t,—;,—.
i.1: M"{% v1 M Mr:-, c,.

A notarypublicor other officercompletingthis certificateverifiesonly the identityof the individualwho signedthe documenttowhichthiscertificateis attached,andnotthe truthfulness,accuracy,or validityof that document.

State of California
County of Orange
On I, i 0 beforeme, AntonioAlvarado,NotaryPublic
Date Here Insert Name and Title of the Officer
personally appeared Jessica Garcia
Name( s) of Signer( s)
who proved to me on the basis of satisfactory evidence to the person( 44-whose namo(. s.) re subscribed to the within instrument and acknowledged to me that he/ 4hey executed the same in hi e heir authorized capacity{ iee - and that by his their signature{.s} on the instrumentthe person(s3,..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 - d and o i. - a.
i

ANTONIOALVARADO
NotaryPub! c- Caifornia Signa , - i t& i Ay1 h-• Orange County Mr'. - . f Notary Publiclti Co m< ionr 2221608 L
My Comm txpves Ncv? 2 202'
Place Notary Seal Above

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

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

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

Capacity( ies) Claimed by Signer( s)
Signer' s Name: Jessica Garcia Signer' s Name:

U Corporate Officer— Title( s): Corporate Officer— Title( s):
n Partner— n Limited General E Partner— Limited General 0 Individual Attorney in Fact E Individual El Attorneyin Fact Trustee E Guardian or Conservator 7 Trustee Guardian or Conservator n Other: H Other:

Si ner Is Representing: - Tv > C,,, yk.U„ Signer Is Representing:

AJVe,
c r
k f
tj _
J-1( lS l/%. tom ( (
J,n- DAY
2014 National Notary Association • www. NationalNotary. org • 1-800- US NOTARY( 1-800- 876- 6827) Item# 5907 LMS- 14067 12/ 14
200
ThisPowerofAttorneylimitstheactsofthosenamedherein,andtheyhavenoauthorityto bindtheCompanyexceptin themannerandtotheextenthereinstated. ll.*-
Liberty Liberty Mutual Insurance Company
Mutual The Ohio Casualty Insurance Company Certificate No 8203482- 000001 West American Insurance CompanySURETY

INWITNESSWHEREOF,thisPowerofAttorneyhasbeensubscribedbyanauthorizedofficerorofficialoftheCompaniesandthecorporatesealsoftheCompanieshavebeenaffixed thereto this 20th day of April , 2020 .

LibertyMutualInsuranceCompany
P %NSURq P,
Al INS& a 1NSU,
pq TheOhioCasualtyInsuranceCompany
tiisJ GocPORgr y( y• J
ooav0,44 ` 9y o' GoaP°Rgr j" t0
F WestAmencan InsuranceCompany
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1912y o a 1919 0 t 1991 0
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c 9/ 7 * >- sYy1 * > M * It By: 0
State of PENNSYLVANIA
SS
DavidM Carey,AssistantSecretary
au aCountyof MONTGOMERY co
c
On this 20th dayof April , 2020 before me personallyappeared David M. Carey,who acknowledged himself to be the Assistant Secretaryof LibertyMutual Insurance o
PPe 9 t—
eoCompany,TheOhioCasualtyCompany,andWestAmericanInsuranceCompany,andthathe,assuch,beingauthorizedsotodo,executetheforegoinginstrumentforthepurposes (./) mtherein
contained by signing on behalf of the corporations by himself as a duly authonzed officer 0W
IN WITNESS WHEREOF-Tr I have hereunto subscribed my name and affixed my notarial seal at Kingof Prussia, Pennsylvania, on the day and year first above written. ccl
c N o r,

O COMMONWEALTH OF PENNSYLVANIA V
O
r
ct O Notarial Seal O C
Teresa Pastella Notary Public y(-/-
0 E
tipper Merlon Twp Montgomery County By; 14- 06 / Z (, m
My Commission Expires March za, 2021
eresa Pastella, NotaryPublic 0 CO
Member, Pennsylvania Association of Notaries a, C)
t a; ThisPowerofAttorneyismadeandexecutedpursuanttoandbyauthorityofthefollowingBy-lawsandAuthorizationsofTheOhioCasualtyInsuranceCompany, LibertyMutual O.- q Insurance Company,and West Amencan Insurance Companywhich resolutions are now in full force and effect reading as follows_ o a)? ARTICLEIV— OFFICERS:Section12.PowerofAttorney.
ao 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 To_0 T2 e 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 >, Qcr 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 a\o
1=
havefullpowertobindtheCorporationbytheirsignatureandexecutionofanysuchinstrumentsandtoattachtheretothesealoftheCorporation. Whensoexecuted, suchEry2 o 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 ogo
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. o, ARTICLE XIII— Execution of Contracts: Section 5, Surety Bonds and Undertakings o
AnyofficeroftheCompanyauthorizedforthatpurposeinwritingbythechairmanorthepresident,andsubjecttosuchlimitationsasthechairmanorthepresidentmayprescribe, I— shallappointsuchattorneys-in-fact,as maybe necessaryto actin behalfof theCompanyto make,execute,seal,acknowledgeanddeliveras suretyanyandall undertakings, bonds,recognizancesandothersuretyobligations.Suchattorneys-in-factsubjecttothelimitationssetforthintheirrespectivepowersofattorney,shallhavefullpowertobindthe Companybytheirsignatureandexecutionofanysuchinstrumentsandtoattachtheretothesealof theCompany.Whenso executedsuchinstrumentsshallbeasbindingasif signedby the presidentand attestedby the secretary.

Certificateof Designation—ThePresidentoftheCompany,actingpursuanttotheBylawsoftheCompany,authorizesDavidM Carey,AssistantSecretarytoappointsuchattorneys-in- factasmaybenecessarytoactonbehalfoftheCompanytomake,execute,seal,acknowledgeanddeliverassuretyanyandallundertakings,bonds,recognizancesandothersurety obligations.

Authorization--ByunanimousconsentoftheCompany's BoardofDirectors,theCompanyconsentsthatfacsimileormechanicallyreproducedsignatureofanyassistantsecretaryofthe Company,whereverappearinguponacertifiedcopyofanypowerofattorneyissuedbytheCompanyinconnectionwithsuretybonds,shallbevalidandbindingupontheCompanywith the sameforce andeffectas thoughmanuallyaffixed
I,ReneeC Llewellyn,theundersigned,AssistantSecretary,TheOhioCasualtyInsuranceCompany,LibertyMutualInsuranceCompany,andWestAmericanInsuranceCompanydo herebycertifythattheoriginalpowerofattorneyofwhichtheforegoingisa full,trueandcorrectcopyofthePowerofAttorneyexecutedbysaidCompanies,is infullforceandeffectand has not been revoked.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this /.,,,-? r` dayof i )\ J\
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ReneeC. Llewellyn,Assistant Secretary1 * t- M * t,
LMS- 12873 LMIC OCIC WAIC Multi Co 12/ 19
201
Executed in Triplicate
In- Tract Van Vliet & Pine Ave. Stage 2 Premium: Included in Performance Bond No.: 024247170
Contract No.: 202. 14
Approved: - 1 f 2. 1 20 4 q

WARRANTY BOND
TRACT MAP NO. 20161
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 has agreed to warrant and guarantee the installation, completion, and maintenance of certain designated public improvements, which said agreement, dated July 21, 2020 and identified as Project No. TM 20161 , 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 Six Hundred Eighty- Six Thousand One Hundred Dollars ($ 686, 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 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.

IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named, on July 23, 2020
Chino Preserve Development Corporation The Ohio Casualty Insurance Company

PRINCIPAL SURETY
By:

See Attached
By:

Jes Garcia, ttorne•,
y
n Fact

SIGNATURE( S) MUST BE NOTARIZED
Rev 04/ 2019) Page 1 of 1
202
Signature Page for Bond #: 024247170

CHINO PRESERVE DEVELOPMENT CORPORATION,
a California corpo
ativj
By:

Name: an Goodman
Its: Authori d Agent
203

State of California
County of San Bernardino
July 28, 2020 before me, Tanya K. Nesmith, Notary Public insert and title of the officer)
personally appeared Bryan Goodman
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 rile that he/ she/ they executed the same in his/ her/ their authorized capacity( ies), and that by his/her/their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.

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

WITNESS my hand and official seal.

TANVA K. NESMITH
CV' t ti\ Notary public- California
r
ro = I San Bernardino County
Commission# 2254448
My Comm ExpiresAug 16, 2022
Jem
Signature ` a

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Seal)
204
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 x>. c:` nx'., c cc.--{ S .- c .' nY' tir,- S'.isi. GY'. n^ tG• oc< -; c, k^ C%u^ 5' e"^ cn. 5'- ifn25- x:- -- K`tif. GY, css. S"nTcK:(' S: f^ .. ', sCis^ C S.. Z"(- x Y: Y'. , c<..> G{' ri A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Orange
On
7/ 2- 3/ )-- C eforeme, AntonioAlvarado,NotaryPublic Date Here Insert Name and Title of the Officer
personally appeared JessicaGarcia
Name( s) of Signer( s)
who proved to me on the basis of satisfactory evidence to be the person(-s) whose name(s) Qs"are subscribed to the withininstrumentand acknowledgedto me thathesh theyexecutedthe samein his/ e( theirauthorized capacity( ie& and that by his er their signature( s) on the instrument the person( s'r or the entity upon behalf of which the personeej 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.

ANTONIOALVARADO
NotaryPublic-California
z . _ orange Co2unry Signature
z
Commisslon f<
Noy' 12.

Sign o ary Public
z,i• MyComm.ExpiresNov12.2021
Place Notary Seal Above

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

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

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

Capacity( ies) Claimed by Signer( s)
Signer' s Name: Jessica Garcia Signer' s Name:
n Corporate Officer— Title( s): 0 Corporate Officer— Title( s):

O Partner— n Limited n General 0 Partner— n Limited General Individual Attorney in Fact Individual n Attorneyin Fact 0 Trustee n Guardian or Conservator n Trustee n Guardianor Conservator n Other: n Other:

Signer Is Representing: ' IcG G -' Il) Ct L)(-.) I-Jf
Signer Is Representing:

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205
our PowerofAttorneylimitstheactsofthosenamedherein,andtheyhavenoauthorityto L
bind the Company except in the manner and to the extent herein stated.

Liberty Liberty Mutual Insurance Company
IA' Mutual The Ohio Casualty Insurance Company Certificate No• 8203482- 000001 West American Insurance CompanySURETY

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DavidM. Carey,AssistantSecretary
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On this 20th day of April , 2020 before me personally appeared David M Carey,who acknowledged himself to be the Assistant Secretaryof LibertyMutual Insurance_ F ro Company,TheOhioCasualtyCompany,andWestAmericanInsuranceCompany,andthathe,assuch,beingauthorizedsotodo,executetheforegoinginstrumentforthepurposesMtn c.
therein contained by signing on behalf of the corporations by himself as a duly authorized officer.

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IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Kingof Prussia, Pennsylvania, on the day and year first above written. c n- c opco t-o E.D.

COMMONWEALTH OF PENNSYLVANIA G( V
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Teresa Pastella, Notary Public Y/
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Upper Merlon rwp Montgomery County By'
My Commission Expires March 28. 2021
ereSa Pastella, Notary Public 0
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ThisPowerofAttorneyismadeandexecutedpursuanttoandbyauthorityofthefollowingBy-lawsandAuthorizationsofTheOhioCasualtyInsuranceCompany, LibertyMutual Q• c Insurance Company,and West American Insurance Companywhich resolutions are now in full force and effect reading as follows: d at w
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ARTICLEIV— OFFICERS:Section12. Powerof Attorney
AnyofficerorotherofficialoftheCorporationauthorizedforthatpurposeinwritingbytheChairmanorthePresident, andsubjecttosuchlimitationastheChairmanorthero.22 C Presidentmayprescribe,shallappointsuchattorneys-in-fact,asmaybenecessarytoadinbehalfoftheCorporationtomake,execute,seal,acknowledgeanddeliverassuretylii> m anyandallundertakings,bonds,recognizancesandothersuretyobligations. Suchattorneys-in-fact,subjecttothelimitationssetforthintheirrespectivepowersofattorney,shall,c cst have full power to bind the Corporation by their signature and execution of any such instrumentsand to attach thereto the seal of the Corporation. When so executed, such -• 00 a
instruments shall be as bindingas if signed bythe President and attested to bythe Secretary_Anypower or authontygranted to anyrepresentative or attorney- intact under the E2Zc i 9 ry P Y- 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 c i
ARTICLE XIII— Execution of Contracts: Section 5, Surety Bonds and Undertakings o r
AnyofficeroftheCompanyauthorizedforthatpurposeinwritingbythechairmanorthepresident,andsubjecttosuchlimitationsasthechairmanorthepresidentmayprescribe: I---<— shallappointsuchattorneys-in-fact,as maybenecessaryto actin behalfoftheCompanyto make,execute,seal,acknowledgeanddeliverassuretyanyandallundertakings, bonds,recognizancesandothersuretyobligations.Suchattorneys-in-factsubjecttothelimitationssetforthintheirrespectivepowersofattomey,shallhavefullpowerto bindthe CompanybytheirsignatureandexecutionofanysuchinstrumentsandtoattachtheretothesealoftheCompany.Whensoexecutedsuchinstrumentsshallbeasbindingasif signedby the presidentand attestedby the secretary.

Certificateof Designation—ThePresidentoftheCompany,actingpursuanttotheBylawsoftheCompany,authorizesDavidM.Carey,AssistantSecretarytoappointsuchattorneys-in factasmaybenecessarytoactonbehalfoftheCompanytomake,execute,seal,acknowledgeanddeliverassuretyanyandallundertakings,bonds,recognizancesandothersurety obligations.

Authorization—ByunanimousconsentoftheCompany'sBoardofDirectors,theCompanyconsentsthatfacsimileormechanicallyreproducedsignatureofanyassistantsecretaryofthe Company,whereverappearinguponacertifiedcopyofanypowerofattorneyissuedbytheCompanyinconnectionwithsuretybonds,shallbevalidandbindingupontheCompanywith thesameforceand effectas thoughmanuallyaffixed.

I,ReneeC Llewellyn,theundersigned,AssistantSecretary, TheOhioCasualtyInsuranceCompany,LibertyMutualInsuranceCompany,andWestAmericanInsuranceCompanydo herebycertifythattheoriginalpowerofattomeyofwhichtheforegoingisa full,trueandcorrectcopyofthePowerofAttorneyexecutedbysaidCompanies,isinfullforceandeffectand has not been revoked
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this l ?
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LMS- 12873 LMIC OCIC WAIL Multi Co 12/ 19
206
Liberty
Mutual.

SURETY BOND RIDER
To be attached to and form a part of:

Bond No.: 024247170
Cross Ref Bond No.: N/ A
Type of Bond: Faithful Performance, Labor and Material
Dated effective: September 7, 2022
Executed by: Chino Preserve Development Corporation
And by: The Ohio Casualty Insurance Company , as Surety, In favor of: City of Chino, 13220 Central Avenue, Chino, CA 91710 as Principal,
In consideration of the mutual agreements herein contained the Principal and the Surety hereby consent to:

Changing: Bond amounts due to Obligee Reduction Letter dated September 1, 2022 From: Faithful Performance $ 6, 861, 500
Labor and Material $ 3, 430, 800
To: Faithful Performance $ 2, 094, 600
Labor and Material $ 1, 047, 300
Nothing herein contained shall vary, alter or extend any provision or condition of this bond except as herein expressly stated.

This rider is effective: September 7, 2022
Signed and Sealed on: September 7, 2022
Principal Name: Chino Preserve Development Corporation
Surety Name: nUc Ohio Casualty Insurance Company.
lo, Attomey- in- fact
Agency Name: Lewis Management Corp
Agency Address: 1156 N. Mountain Avenue, Upland, CA 91786 Liberty Mutual Surety Claims • P. O. Box 34526. Seattle WA 98124 • Phone: 206- 473- 6210 • Fax: 866- 548- 6837 i. MS-to443e08/ oe Email; H0SCL( S5lib€ rtynmitual. com * www. UbertyMutualSuretyClaim8. com 207 Liberty
Mutual.

This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in die manner and to the extent herein stated.

SURETY
Liberty Mutual Insurance Company
The Ohio Casualty insurance Company
West American insurance Company

POWER OF ATTORNEY
Certificate No: 8206229- 000001
KNOWN ALL PERSONS BY THESE PRESENTS: That Tlie Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, ttiat Liberty Mutual Insurance Company is a corporation duly orgarHzed under &ie laws of the State of Massachusetts, and W^ t American Insurance Company is a corporation duly o^ anized under the laws of the Slate of Indiana ( herein collectively called the " Companies"), pursuant to and by authority herein set forth, does hweby name, constitute and appoint, Alex Sanchez, Ana Lucia Torres Villafana, . Amonio Alvarado. Becky Gomez. Breti D. Asinus. Brian Ngare, Esmeralda Ureno. Gerald Schumacher, Jane E. Block, Jennifer Pham Sailing. Jenny T. Nguyen, Jessica Garcia. Jim Hume. Kcvm Voiig, Lupe ViUaneaJ. M. Cerda, M. Jacobson. Maria G. Kodriguez- Wont;. Maricela Lares, Michael J. Forman, Michael Stem. Rajan Paicl. Sandra Gayran. Steven C. White, Ted Lee, V'icior A. Ballesieios. Vu llo all of the dty of_ Orange state of CA each incfividually if there tie more than one named, its true and lawful attomey- in- fact to make. execute, seal, acknowledge and deliver, for and on its behatf 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 seaetary of the Con^ianies in their own proper persons.

IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Coir^janies and the corporate seals of the Companies have been affixed thereto this 1st day of September . 2021 .
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Liberty Mutual insurance Company
The Ohio Casualty Insurance Company
West American insurance Corr^ any
David M. Carey, Assistant Secxetary
Stale ( rf PENNSYLVANIA '
County of MONTGOMERY
On this isi day of September . 202! befae me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Conpany, and that he. as such, being authorized so to do, execute the foregang instojment for the purposes therein contained by signing on beh^ f erf the corporations by himself as a duly authorized officer.

IN WITNESS WHEREOF, I have hweunto subsaibed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above writ^.

Member. Pennsylvenis Association ol Notenes
Conrnonwealtb or Pennsytvsrea - NoUty Seal
Teresa PesteDa. Notary PtAie
Montgomery County
My commission expires Marcn 28. 2025
Commlsaioo number 1126044
By:

Teresa Paslella. Notary Public
This Power of Attorney is made and executed pursuant to ar>d by authority of the follcwing By-laws and Authorizations of The Ohio Casualty insurance Convariy. Liberty Mutual insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as foilovtfs:

ARTICLE IV - OFFICERS; Section 12. Power of Attorney.

Any officer or other official of the Corporation authorized for that purpose in writing by the Charman or toe President and subject to sucrfi limitation as the Chairman or toe President may prescribe, shall adjoint suito attomeys-in- fact as may be necessary to act in beh^ f of the Corporation to make, execute, seal, acknowledge and driver as surety any and alt undertakings, bonds, reccgnizances and other surety obligations. Such attomeys-in- fact. sut^ ect 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 attadi thereto toe seal of toe Corporation, When so executed, such instruments shall be as bindtog as if signed by toe President and attested to by toe Secretary. Any power or authority granted to any representative or attomey-cn-fect under the provisions of tois article may be revoked at any time by the Board, toe Chairman, toe President or by the officer or officers granting such povireror authority.

ARTICLE XIII - Execution of Contracts: Section 5. Surety Bwids and Undertakings.

Any officer of toe Company authorized for that purpose in writing by toe diairman or toe president, and subject to such limitations as toe diairman or toe president may prescribe, shall appoint such altomeys-in- facL as may be necessary to ad 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 attomeys-in- fed subject to toe limitations set forto in their respective powers of attorney, shall have full power to bind toe Company by their signature and execution of any such instruments and to attach thereto toe seal of toe Company. When so executed sudi instruments shall be as binding as if signed by toe president and attested by the secretary.

Certificate of Designation - The President of the Company, acting pursuant to toe Bylaws of toe Company, authorizes David M. Carey, Assistant Sedetary to appoint such attomeys-in- fad as may be necessary to act on behalf of toe Company to make, execute, seal, adinowledge and deliver as surety any and an undertakings, bonds, recognizances and other surety obligations.

Authorization - By unanimous consent of toe Company' s Board of Directors, the Company consents that facsimile or mechanically r^ roduced signature of any assistant secretary of the Company, wtoerever appearing upon a certified copy of any power of attomey issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with toe same force and effed as though manually affixed.
i. Renee C. Lieweilyn, toe undersigned. Assistant Sedetary, The Ohio Casually Insurance Company, Litierty Mutual insurance Company, and West American insurance Company do hereby certify toat toe original power of attomey of which the foregoing is a full, true and correct copy of toe 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 toe seals of said Companies tois day of OeiX- A E
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By:

Renee C. Llewetlyn, Assistant Secretary
LMS- 12873 LMIC OCIC WAIC Muiti Co 02/ 21
208

State of California
County of San Bernardino
On Septembers. 2022 before me, Elise Kim Mann - Notary Public insert name and title of the officer)
BryanGoodmanpersonallyappeared
who proved to me on the basis of satisfactory evidence to be the person( s) whose name(&) is/ are- subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in his/ her/ their authorized capacity( tes), 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.

Signature

ELISE KIM MANN
Notary Public - California
San Bernardino County
Commission # 2327621
My Comm. Expires May 7, 2024
Seal)
209
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Chino Preserve Development Corp.
1156 North Mountain Avenue / P. O. Box 670 Upland, California 91785- 0670 909) 985- 091 ^ FAX: ( 909) 949- 6725
July 27, 2022
City of Chine- Engineering
Jesus Plasencia
13220 Central Ave.

Chino, CA 91710
RE: Bond Reduction Request- Bond # 024247170
Mr. Plasencia,
Please accept this letter as our formal bond reduction request for the following bond:

1. 024247170- Tract 20161 ( Van Vliet) Backbone & Pine Stage 2 Imps We are requesting an 85% reduction. Please see the chart below which highlights the remaining costs to complete.
20161- Street Imp Bond- 024247170
Area $ Remaining as of 7/ 6
Backbone $ 753, 265. 27
AB Delta $ 28, 574. 88
Pavement Rehab $ 70, 578. 75
Curb Ramps $ 73, 596. 60
Sidewalks $ 30, 693. 29
956, 708. 79
Original Bond Amount $ 6, 861, 500. 00
Remaining to Complete 14%
In addition, I have attached the current engineer' s estimates. Should you have any questions, or require any additional information, please call me at ( 909) 579- 1229.

Sincerely,
Darius Fatakia
Vice President - Planned Communities
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Page 1 of 3 ends

Chino City CouncilJuly 1, 2025

Chino City Council
July 1, 2025