Contract #2023-056
Approved 7-5-2022
PUBLIC IMPROVEMENT AGREEMENT
by and between
CITY OF CHINO
and
YORBA XC, LLC
01225.0005/784688.1 Updated 10-2020
PUBLIC IMPROVEMENT AGREEMENT BETWEEN
THE CITY OF CHINO
AND
YORBA XC, LLC
Agreement Date: July 5, 2022
Developer Name: Yorba XC, LLC
Description: Yorba XC, LLC entered into an agreement with the Chino Valley Unified School District (CVUSD) to construct a 325,300 square-foot industrial warehouse building is located at 13404 Yorba Avenue.
Estimated Total Cost of Improvements: $1,066,400.00
Security:
Bond No.: 107643680
Surety: Travelers Casualty and Surety Company of America 01225.0005/784688.1
Designees for the Service of Written Notice:
CITY: DEVELOPER
Jesus Plasencia Yorba XC, LLC
Assistant City Engineer Attn: Ms. Brandi Smith
13220 Central Avenue 3010 Old Ranch Parkway, Suite 480
Chino, CA 91710 Seal Beach, CA 90740
(909) 334-3417 (562) 284-5001
[email protected]
CITY PROJECT INSPECTOR
Isaac Ortega
Permit & Inspection Supervisor
13220 Central Avenue
Chino, CA 91710
(909) 334-3501
[email protected]
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TABLE OF CONTENTS
1. Construction Obligations
Works of Improvement
Other Obligations Referenced in Conditions of Approval
Intent of Plans
Survey Monuments
Performance of Work
Changes in the Work
Defective Work
No Warranty by City
Authority of the City Engineer
Documents Available at the Site
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 Developer's Obligation to Warn Public During Construction
1.18 Injury to Public Improvements, Public Property or Public Utility
2. Time for Performance
2.1 Commencement and Completion Dates
2.2 Phasing Requirements
2.3 Force Majeure
2.4 Continuous Work
3. Labor
3.1 Labor Standards
3.2 Nondiscrimination
3.3 Licensed Contractors
3.4 Workers' Compensation
4. Security
4.1 Required Security
4.2 Form of Security Instruments
4.3 Developer's Liability
4.4 Letters of Credit
4.5 Release of Security Instruments
01225.0005/7846881
5. Cost of Construction and Provision of Inspection Service
5.1 Developer Responsible for All Related Costs of Construction
5.2 Payment to City for Cost of Related Inspection and Engineering Services
5.3 Payment of Development Impact Fees
6. Acceptance of Offers of Dedication
7. Warranty of Work
8. Default
8.1 Default by Developer
8.2 Remedies
8.3 Remedies Not Exclusive
8.4 Attorney's Fees and Costs
8.5 Waiver
9. Indemnity/Hold Harmless
10. Developer's Indemnity of Project Approval
11. Insurance Requirements
12. Environmental Warranty
13. General Provisions
13.1 Successors and Assigns
13.2 No Third Party Beneficiaries
13.3 No Vesting Rights
13.4 Developer 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
01225.0005/784688.1
PUBLIC IMPROVEMENT AGREEMENT
THIS PUBLIC IMPROVEMENT AGREEMENT (this "Agreement) is entered into this 5 day of July, 2022, 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 Yorba XC, LLC ("DEVELOPER").
RECITALS
A. The Chino Valley Unified School District (CVUSD) is the owner of certain real property located in the City of Chino, County of San Bernardino, State of California (the "Property"), as described on Exhibit "A", which Developer proposes to develop and construct certain works of improvement thereon, as hereafter set forth.
B. Developer entered into an agreement with CVUSD, which requires Developer to construct sidewalk, asphalt concrete overlay, streetlights, parkway landscaping, striping and traffic controls, sewer, domestic water, and fire hydrants at the site location on Ramona Avenue (the "Project"). Based on the authorization provided by the agreement between Developer and CVUSD, Developer is authorized and did submit an application with the City for Site Approval No. 20-0026 (PL20-0029), which application was granted, as extended. CVUSD further acknowledges and consents to the terms of this Agreement, as demonstrated by its Signature on the Acknowledgement following the signature page on this Agreement.
C. The City desires to assure that said improvements proposed for the Project will be constructed in a good workmanlike manner and in accordance with all applicable laws, statues, ordinances, resolutions and regulations now in force and effect in the City of Chino and the State of California, all of which are incorporated herein.
D. The Developer acknowledges familiarity with the various requirements for public improvements contained in the Chino Municipal Code and agrees to comply therewith.
COVENANTS
Based upon the foregoing Recitals which are incorporated herein by reference and in consideration of City's site plan or other entitlements for the Property and permitting development of the Property to proceed, Developer agrees to timely perform all of its obligations as set forth herein.
1. Construction Obligations.
1.1. Works of Improvement. Developer agrees, at its sole cost and expense, to construct or install, or cause to be constructed or installed the street, drainage, domestic water, sanitary sewer, street lighting, landscaping, utility, and other improvements more fully described as Exhibit "B" attached hereto (the "Works of Improvement"), as the same may be supplemented and revised from time to time as set forth in this Agreement (said plans and specifications, together with all related documents, the "Plans"). The estimated construction cost for the Works of Improvement is $1,066,400.00.
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1 1.2. Other Obligations Referenced in Conditions of Tentative Map Approval. addition to the foregoing, Developer shall satisfy all of the other Conditions associated with the Project and 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 Developer 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. Developer shall complete a functional or operable improvement or facility, even though the Plans may not specifically call out all items of work required for Developer'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, Developer 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.
Developer 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 Developer or its contractor to any plan, specification, or working or shop drawing after it has been stamped as approved.
1.4. Performance of Work. Developer shall furnish or cause to be furnished all materials, labor, tools, equipment, utilities, transportation, and incidentals required to perform Developer's obligations under this Agreement.
1.5. Changes in the Work. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Paragraph 4, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer as determined necessary to accomplish the purposes of this Agreement and to protect the public health, safety, or welfare. The City Engineer shall notify Developer 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 Developer or its contractor shall be binding on City unless approved in writing by the City Engineer. The City and Developer may mutually agree upon changes to the Works of Improvement, subject to the security requirements in Section 4.
1.6. Defective Work. Developer shall repair, reconstruct, replace, or otherwise make acceptable any work found by the City Engineer to be defective.
1.7. No Warranty by City. The Plans for the Works of Improvement have been prepared by or on behalf of Developer or its consultants or contractors, and City makes no representation or warranty, express or implied, to Developer or to any other person regarding the adequacy of the Plans or related documents.
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2 1.8. 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 Developer and its contractor.
1.9. Documents Available at the Site. Developer shall keep a copy of all approved Plans at the job site and shall give access thereto to the City's inspectors and engineers at all times.
1.10. Inspection. Developer shall have an authorized representative on the job site at all times during which work is being done who has full authority to act for Developer, or its design engineer, and Developer's contractors) regarding the Works of Improvement.
Developer shall cause its contractor to furnish the City with every reasonable facility for ascertaining whether or not the Works of Improvement as performed are in accordance with the requirements and intent of this Agreement, including the Plans. If the City inspector requests it, the Developer or its contractor, at any time before acceptance of the Works of Improvement, shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected. After examination, the Developer or its 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 Developer or its contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted.
1.11. Compliance With Law; Applicable Standards for Improvements. In addition to the express provisions of this Agreement and the Plans, Developer shall cause construction of the Works of Improvement to be completed in accordance with all other applicable federal, state, and local laws, ordinances, rules and regulations. In addition, without limiting the foregoing, the Developer 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 Developer shall also give all necessary notices and pay all fees and taxes as required by law.
Developer shall construct the improvements in accordance with the City standards in effect at the time of the adoption of this Agreement. City reserves the right to protect the public safety or welfare or comply with applicable Federal or State law or City zoning ordinances.
1.12. Suspension of Work. The City Engineer shall have authority to order suspension of the work for failure of the Developer's contractor to comply with law pursuant to Section
1.12. In case of suspension of work for any cause whatsoever, Developer 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.
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3 1.13. Erosion and Dust Control and Environmental Mitigation. All grading, landscaping, and construction activities shall be performed in a manner to control erosion and prevent flooding problems. The City Engineer shall have the authority to require erosion plans to prescribe reasonable controls on the method, manner, and time of grading, landscaping, and construction activities to prevent nuisances to surrounding properties. Plans shall include without limitation temporary drainage and erosion control requirements, dust control procedures, restrictions on truck and other construction traffic routes, noise abatement procedures, storage of materials and equipment, removal of garbage, trash, and refuse, securing the job site to prevent injury, and similar matters.
1.14. Final Acceptance of Works of Improvement. After Developer has completed all of the Works of Improvement, Developer 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 Developer or its contractor of such items. After the Developer has completed these items, the procedure shall then be the same as specified above for the Developer's or its 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 Developer 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. Developer 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.
1.15. Vesting of Ownership. Upon recordation of the Notice of Acceptance, ownership of the Works of Improvement shall vest in the City.
1.16. Developer's Obligation to Warn Public During Construction. Until recordation of the Notice of Acceptance, Developer 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, Developer shall provide forty-eight (48) hours' advance written notice to all neighboring property owners and tenants affected by Developer's operations or construction of the hours, dates and duration of any planned construction activities.
1.17. Injury to Public Improvements, Public Property or Public Utility. Until recordation of the Notice of Acceptance of the Works of Improvement, Developer assumes responsibility 01225.0005/784688.1
4 for the care and maintenance of, and any damage to, the Works of Improvements. Developer 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 Developer, prior to the recordation of the Notice of Acceptance. Developer shall bear the entire cost of such replacement or repairs regardless of what entity owns the underlying property. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer.
Neither the City, nor any officer or employee thereof, shall be liable or responsible for any accident, loss or damage, regardless of cause, occurring to the work or Works of Improvements prior to recordation of the Notice of Acceptance of the work or improvements.
Time for Performance.
2.1. Commencement and Completion Dates. Subject to Sections 2.2 and 2.3 below, Developer shall (i) commence with construction and installation of the Works of Improvement thirty (30) days following City's approval of the Plans ("Commencement Date"); and (i) complete or cause to be completed all of the Works of Improvement within two (2) years after the Commencement Date. In the event good cause exists as determined by the City Engineer, the time for commencement of construction or completion of the Works of Improvement hereunder may be extended by up to three (3) additional one year periods. Extensions shall be executed in writing by the City Engineer. The City Engineer in his or her sole discretion determines whether or not the Developer has established good cause for an extension. As a condition of such extension, the City Engineer may require Developer 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 Developer 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 Developer's failure to satisfy such phasing requirements, as the same now exist or may be amended from time to time, Developer 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, Developer 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 Developer by the City, if, upon a determination by the City Engineer, completion of specific Works of Improvements or other requirements associated with the development of the Property have not been completed to the City Engineer's satisfaction.
2.3. Force Majeure. Notwithstanding the provisions of Section 2.1, Developer's time for commencement and completion of the Works of Improvement shall be extended for the 01225.0005/784688.1
5 period of any enforced delay caused due to circumstances beyond the control and without the fault of Developer, including to the extent applicable adverse weather conditions, flood, earthquakes, strikes, lockouts, pandemics, acts or failures to act of a public agency (including City, required changes to the scope of work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than five (5) days prior to City's receipt of a written notice from Developer or its contractor detailing the grounds for Developer's claim to a right to extend its time for performance hereunder. The City Engineer shall evaluate all claims to Force Majeure and make a reasonable determination regarding the length of any extension of time for commencement and/or completion of the Works of Improvement and the City Engineer's decision shall be final.
2.4. Continuous Work. After commencement of construction of the Works of Improvement (or separate portion thereof), Developer 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.
3. Labor.
3.1. Labor Standards. This Agreement is subject to, and Developer agrees to comply with, all of the applicable provisions of the Labor Code including, but not limited to, the wage and hour, prevailing wage, worker compensation, and various other labor requirements in Division 2, Part 7, Chapter 1, including section 1720 to 1740, 1770 to 1780, 1810 to 1815, 1860 to 1861, which provisions are specifically incorporated herein by reference as set forth herein in their entirety. Developer shall expressly require compliance with the provisions of this Section in all agreements with contractors and subcontractors for the performance of the Works of Improvement.
3.2. Nondiscrimination. In accordance with the California Fair Employment and Housing Act ("FEHA"), California Government Code Section 12940 et seq., Developer agrees that Developer, its agents, employees, contractors, and subcontractor performing any of the Works of Improvement shall not discriminate, in any way, against any person on the basis of race, ethnicity, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Developer 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. Developer 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 Developer's contractors and subcontractors shall obtain a valid City of Chino business license prior to performing any work pursuant to this Agreement. Developer 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. Developer shall cause every contractor and subcontractor pertorming any of the Works of Improvement to carry Workers' Compensation 01225.0005/784688.1
6 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 Developer executes this Agreement, Developer 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 Developer's faithful performance of all of the Works of Improvement ("Faithful Performance Security Instrument"), in the amount of $1,066,400.00 equal to 100% of the estimated construction cost referenced in Section 1.1.
(ii) A Security Instrument guaranteeing the payment to contractors, subcontractors, and other persons furnishing labor, materials, and/or equipment ("Labor and Materials Security Instrument) with respect to the Works of Improvement in an amount equal to $533,200.00 equal to 50% of the estimated construction cost referenced in Section 1.1.
This Agreement shall not be effective for any purpose until such Security Instruments are supplied to and approved by City in accordance herewith. b) Required Security Instrument for Maintenance and Warranty. Prior to the City Council's acceptance of the Works of Improvement and recordation of a Notice of Completion, Developer shall deliver a Security Instrument warranting the work accepted for a period of one (1) year following said acceptance (Maintenance and Warranty Security Instrument"), in the amount of $106,600.00 equal to 10% of the estimated construction cost set forth in Section 1.1 or a suitable amount determined by the City Engineer.
4.2. Form of Security Instruments. All Security Instruments shall be in the amounts required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following minimum requirements and otherwise shall be in a form provided by City or otherwise approved by the City Attorney:
(a) Bonds. For Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California. Any insurance company acting as surety shall have a minimum rating of A-IX, as rated by the current edition of Best's Key Rating Guide published by A.M. Best's Company, Oldwick, 01225.0005/784688.1
7 New Jersey, 08858. Any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard & Poor's.
Letters of Credit. For Security Instruments which are letters of credit, any letter of credit shall be an original separate unconditional, irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the City Engineer of the City that Developer is in default under its payment or performance obligations hereunder or in the event Developer fails to deliver a replacement letter of credit not less than thirty (30) days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 4.4.
(c) Instrument of Credit. For Security Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to City all of Developer'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 Developer'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 Developer 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 Developer to the City Engineer; and (3) upon its written acceptance by the City Engineer, be deemed a part of this Agreement. Upon the City Engineer's acceptance of a replacement security, the former security shall be released by the City.
4.3. Developer's Liability. While no action of Developer shall be required in order for City to realize on its security under any Security Instrument, Developer agrees to cooperate 01225.0005/784688.1
8 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, Developer shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10) days after written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 4.
4.4. Letters of Credit.
(a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit (expiring in not less than one (1) year, unless City agrees to a lesser term in City's sole and absolute discretion) is not delivered not less than thirty (30) days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit delivered hereunder, issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit. b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Developer. If the City elects to hold the funds in an account pursuant to the requested by City in order to evidence the creation and perfection of City's security interest in such account.
4.5. Release of Security Instruments. The City shall release all Security Instruments consistent with Government Code Sections 66499.7 and 66499.8, Section 19.09.010 of the Chino Municipal Code, and as follows:
(a) City shall release the Faithful Performance Security Instrument and Labor and Materials Security Instrument when all of the following have occurred:
Developer 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) Developer has delivered the Maintenance and Warranty Security Instrument; and
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9 (iv) after passage of the time within which lien claims are required to be made pursuant to Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California. If lien claims have been timely filed, City shall hold the Labor and Materials Security Instrument until such claims have been resolved, Developer has provided a statutory bond, or otherwise as required by applicable law.
(b) City shall release the Maintenance and Warranty Security Instrument upon Developer's written request upon the expiration of the warranty period, and settlement of any claims filed during the warranty period. (c) The City may retain from any security released, an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorney's fees.
5. Cost of Construction and Provision of Inspection Service.
5.1. Developer Responsible for All Costs of Construction. Developer shall be Agreement to be entered into between Developer and City prior to construction of the Works of Improvement.
5.2. Payment to City for Cost of Related Inspection and Engineering Services.
Developer 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, Developer 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 Developer be entitled to additional inspections or a final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections.
5.3. Payment of Development Impact Fees. Developer shall pay Development Impact Fees pursuant to and in accordance with Chino Municipal Code Chapter 3.40 and Chapter
3.45, as applicable.
6. Acceptance of Offers of Dedication. The City Council shall pass as appropriate resolution or resolutions accepting all offers of dedication shown on the approvals for the Project, with acceptance to become effective upon completion and acceptance by City of the Works of Improvement.
Warranty of Work. Developer 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 01225.0005/784688.1
10 (1) year period due to any reason other than improper maintenance, or if any settlement of fill or backfill occurs, or should any portion of the Works of Improvement fail to fulfill any requirements of the Plans, Developer, within fifteen (15) days after written notice of such defects, or within such shorter time as may reasonably be determined by the City in the event of emergency, shall commence to repair or replace the same together with any other work which may be damaged or displaced in so doing. Should Developer 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 Developer. 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 Developer. Default by Developer shall include, but not be limited to:
(a) Developer's failure to timely commence construction of Works of Improvement under this Agreement;
b) Developer's failure to timely complete construction of the Works of Improvement;
(C) Developer's failure to perform substantial construction work for a period for 20 consecutive calendar days after commencement of the work; (d) Developer's insolvency, appointment of a receiver, or the filing of any petition in bankruptcy, either voluntary or involuntary, which Developer fails to discharge within 30 days;
(e) The commencement of a foreclosure action against the Property or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or (f) Developer's failure to perform any other obligation under this Agreement.
8.2. Remedies. The City reserves all remedies available to it at law or in equity for a default or breach of Developer's obligations under this Agreement. The City shall have the right, subject to this Section, to draw upon or use the appropriate security to mitigate the City's damages in the event of default by Developer. 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 Developer's default shall be measured by the cost of completing the required improvements. The City may use the sums provided by the securities for the completion of the Works of Improvement in accordance with the plans. In the event the Developer fails to cure any default under this Agreement within 20 days after the City mails a notice of such default to the Developer and the Developer's surety, Developer authorizes the City to perform the obligation for which Developer is in default and agrees to pay the entire cost of such performance by the City. The City may take over the work and complete the Works of Improvement, by contract or by any other method City deems appropriate, at the 01225.0005/784688.1
11 expense of the Developer. In such event, City, without liability for doing so, may complete the Works of Improvement using any of Developer's materials, appliances, plans and other property that are at the work site and that are necessary to complete the Works of Improvement.
8.3. Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to City for a default by Developer hereunder, the Developer agrees that the choice of remedy or remedies for Developer's breach shall be in the discretion of the City. Additionally, any remedy specifically provided in this Agreement shall be in addition to, and not exclusive of, City's right to pursue any other administrative, legal, or equitable remedy to which it may by entitled.
8.4. Attorney's Fees and Costs. In the event that Developer fails to perform any obligation under this Agreement, Developer 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 Developer's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney's fees and costs. Such attorney's fees and cost shall include fees and costs on any appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment.
8.5. Waiver. No waiver by the City of any breach or default by the Developer 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 Developer.
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 Developer, its agents, employees, contractors and subcontractors in the performance of this Agreement. Developer 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 Developer, its agents, employees, contractors and subcontractors in the performance of this Agreement, except for such claims, demands, causes of action, liability or loss arising out of the sole active negligence of the City, its officials, boards, commissions, the members thereof, agents and employees, including all claims, demands, causes of action, liability or loss because of or arising out of, in whole or in part, the design or construction of the improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said Project, 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 01225.0005/784688.1
12 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 Developer submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design.
After recordation of the Notice of Acceptance, the Developer shall remain obligated to eliminate any latent defect in design or dangerous condition caused by the design or construction defect for a period of one (1) year; however, Developer shall not be responsible for routine maintenance. It is the intent of this section that Developer shall be responsible for all liability for design and construction of the improvements installed or work done pursuant to this Agreement and that City shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving or reviewing any work or construction. The improvement security shall not be required to cover the provisions of this Paragraph.
Developer 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.
Developer's Indemnity of Project Approval. Developer shall defend, indemnify, and hold harmless the City and its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning the Project. The City shall promptly notify the Developer of any claim, action, or proceeding and cooperate fully in the defense of any such claim, action, or proceeding. In the event City fails to promptly notify the Developer of any claim, action, or proceeding, or if the City fails to cooperate in the defense, the Developer shall not thereafter be responsible to defend, indemnify, or hold harmless the City. Nothing in this Section prohibits the City from participating in the defense of any claim, action, or proceeding if City bears its own attorney's fees and costs and defends the action in good faith. Developer shall not be required to pay or perform any settlement unless the settlement is approved by the Developer.
11. Insurance Requirements. Developer, at Developer'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:
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;
01225.0005/784688.1
13 (ili) Blanket contractual;
(iv) Completed operations; and
(v) Products.
(b) Commercial Business Auto policy with a minimum $1 million combined single limit for bodily injury and property damage, providing all of the following minimum coverage without deductibles:
(i) Coverage shall apply to any and all leased, owned, hired, or non- owned vehicles used in pursuit of any of the activities associated with this Agreement; and
(ii) Any and all mobile equipment including cranes which are not covered under the above Commercial Business Auto policy shall have said coverage provided under the Commercial General Liability policy.
(c) Workers Compensation and Employers' Liability policy in accordance with the laws of the State of California and providing coverage for any and all employees of the Developer:
(i) This policy shall provide coverage for Workers' Compensation (Coverage A); and
(i) This policy shall provide coverage for $1,000,000 Employers' Liability (Coverage B).
(ii) Pursuant to Labor Code section 1861, Developer by executing this Agreement certifies: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions of that Code, and / will comply with such provisions before commencing the performance of the work of this contract."
(iii) Prior to commencement of work, the Developer shall file with the City's Risk Manager a Certificate of Insurance or certification of permission to self-insure workers' compensation conforming to the requirements of the Labor Code.
(d) Endorsements. All of the following endorsements are required to be made a part of each of the above-required policies as stipulated below:
(i) "The City of Chino, its officers, employees and agents are hereby added as additional insureds."
01225.0005/784688.1
14 (ii) "This policy shall be considered primary insurance with respect to any other valid and collectible insurance the City may possess, including any self- insured retention the City may have and any other insurance the City does possess shall be considered excess insurance only."
(iii) "This insurance shall act for each insured and additional insured as though a separate policy has been written for each. This, however, will not act to increase the limit of the insuring company." (iv) "Thirty (30) days prior written notice of cancellation shall be given to the City of Chino in the event of cancellation and/or reduction in coverage, except that ten (10) days prior written notice shall apply in the event of cancellation for non-payment of premium." Such notice shall be sent to the Risk Manager at the address indicated in Subsection f below.
(v) Subsection d(iv) hereinabove "Cancellation Notice" is the only endorsement required of the Workers' Compensation and
Employers' Liability policy.
(e) Admitted Insurers. All insurance companies providing insurance to the Developer 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 Developer'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, Developer 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 Developer are in violation of any environmental law, and neither the property to be dedicated nor the Developer are subject to any existing, pending or threatened investigation by any federal, environmental laws relating to the property to be dedicated. 01225.0005/784688.1
15 (b) Neither Developer nor any other person with Developer's permission to be upon the property to be dedicated shall use, generate, manufacture, produce, or release, on, under, or about the property to be dedicated, any Hazardous Substance except in compliance with all applicable environmental laws. For the purposes of this Agreement, the term "Hazardous Substances" shall mean any substance or material which is capable of posing a risk of injury to health, safety or property, including all those materials and substances designated as hazardous or toxic by any federal, state or local law, ordinance, rule, regulation or policy, including but not limited to, all of those materials and substances defined as "Toxic Materials" in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30, as the same shall be amended from time to time, or any other materials requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies. (c) Developer 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) Developer'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. Developer 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) Developer'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
13. General Provisions.
13.1. Successors and Assigns. This Agreement shall be binding upon all successors and assigns to Developer's right, title, and interest in and to the Property and any portion thereof. Developer hereby consents to City recording this Agreement as official records of San Bernardino County, affecting fee title interest to the Property to provide constructive notice of the rights and obligations incurred by Developer in the City's approval of this Agreement. In 01225.0005/784688.1
16 the event the Property is subsequently conveyed by Developer to a third party prior to completion of the Works of Improvement, whereby the third party is intended to assume Developer's responsibilities with regard to this Agreement, (the "Replacement Developer"), the rights and obligations of this Agreement shall transfer to the Replacement Developer; however, the Security Instruments required pursuant to Section 4 of this Agreement, and furnished by Developer as a condition of the City's approval of this Agreement, shall remain Developer's responsibility to maintain until such time as Developer and its Replacement Developer enter into a Transfer and Assignment of Public Improvement Agreement, (the "Transfer Agreement"), to acknowledge the transfer of fee title to the Property from the Developer to its Replacement Developer, and to acknowledge the rights and obligations associated with this Agreement upon the Replacement Developer, including Replacement Developer'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 Developer and its Replacement Developer, and replacement Security Instruments meeting City's approval are furnished by the Replacement Developer, Developer 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 Developer 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 Developer of this Agreement shall not be construed to vest Developer's rights with respect to any change in any zoning or building law or ordinance.
13.4. Developer is Not Agent of City. Neither Developer nor Developer's agents, contractors, or subcontractors are agents or contractors of the City in connection with the performance of Developer's obligations under this Agreement.
13.5. Time of the Essence. Time is of the essence of Developer'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 Developers for the apportionment of costs 01225.0005/784688.1
17 of water and sewer mains, or other improvements pursuant to the provisions of the City ordinances providing therefore. Nor shall anything in the Agreement commit City to any such apportionment.
13.8. Severability. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.
13.9. Captions. The captions of this Agreement are for convenience and reference only and shall not be used in the interpretation of any provision of this Agreement.
13.10. Incorporation of Recitals. The recitals to this Agreement are hereby incorporated into the terms of this Agreement.
13.11. Interpretation. This Agreement shall be interpreted in accordance with the laws of the State of California.
13.12. Entire Agreement; Waivers and Amendments. This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to all or part of the subject matter hereof, except as may be expressly provided herein. All waivers of the provisions of this Agreement must be in writing and signed by an authorized representative of the party to be charged, and all amendments hereto must be in writing and signed by the appropriate representatives of both parties.
13.13. Counterparts. This Agreement may be executed in one or more counterparts, all of which taken together shall be deemed one original.
Authority. The persons executing this Agreement on behalf of the parties warrant the (I) party is duly organized and existing, (i) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into of this Agreement does not violate any provisions of any other agreement to which said party is bound. Additionally, Developer represents to City that it has received CVUSD's consent to perform all required Works of Improvements and enter into this Agreement.
[SIGNATURES ON NEXT PAGE]
01225.0005/784688 1
18 IN WITNESS WHEREOF, the City and the Developer have caused this Agreement to be executed the day and year first above written.
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
Fred Galante, City Attorney
Development Services Director
YORBA XC, LLC:
By:_ 6/6/22
(Signature and Date)
Name: JAY SONL
(Please type or print name)
Title: President
(Please type or print title)
CITY OF CHINO
Rhuth hung
Anthony Arroyo, Interim City Manager
Dated: 1/1/20n
ATTEST:
e Pobs
By
Angela Robles, City Clerk
Dated: 1.7. 2022
01225.0005/784688 1
19 ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange
On June 6, 2022 before me,_ Valerie Kilgore, Notary Public, (insert name and title of the officer)
personally appeared Jay Soni
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. VALERIE KILGORE
Notary Public - California
Orange County
Commission # 2365127
Sever Kelgre My Comm. Expires Jul 11, 2025
Signature (Seal)
ACKNOWLEDGEMENT AND AGREEMENT OF OWNER
The undersigned hereby acknowledges and agrees it has reviewed the terms and provisions of that certain Public Improvement Agreement by and between the City of Chino and Yorba XC, LLC, dated July 5, 2022 ("PIA"), and as owner of the property that is the subject of the PIA, located at 13461 Ramona Avenue, in the City of Chino ("Property") agrees to the terms of, and hereby acknowledges its consent to, the PIA.
The individual executing this Acknowledgment on behalf of the Chino Valley Unified School District ("VUSD"), represents, warrants and covenants that (i) it is duly organized and existing, (i) such person is duly authorized to execute and deliver this Acknowledgment on behalf of CVUSD, in accordance with authority granted under the organizational documents of CVUSD, and (iii) CVUSD is bound under the terms of the PIA, and (iv) entering into this Acknowledgment does not violate any provision of any other agreement to which CVUSD is bound
AGREED AND ACCEPTED AS OF THIS 3º DAY OF JUNE _, 2022
CHINO VALLEY UNIFIED SCHOOL DISTRICT
By:
Name: GREG STACHURA
Title: ASSISTANT SUPERINTENDENT
FACILITIES PLANNING 4 OPERATION
CHINO VALLEY UNIFIED SCHOOL PISTRICT
01225.0005/784688.1
EXHIBIT "A"
PL 20-0029 SITE APPROVAL
LANIER RD
YORBA AVE.
PROPOSED BUILDING
VORTH
GRAPHIC
SCALE
100 200
MURRIETA ST._
• - -
(IN FEET )
1 inch - 200 ft.
LEGEND
TRACT & ANNEXATION BOUNDARY CA ENGINEERING, INC.
STREET RIGHT OF WAY Planning • Engineering • Surveying
13821 NEWPORT AVE., STE 110
EXISTING PROPERTY LINE TUSTIN, CA 92780
949-724-9480 949-724-9484 FAX
STREET CENTERLINE
01225.0005/784688.1 A-1
EXHIBIT "B"
WORKS OF IMPROVEMENT
A. Removal of undesirable, dangerous and dead plant materials and roots.
B. All onsite and offsite grading as specified on the approved grading plan.
C. Relocation of all public utility structures as necessary to properly construct the required improvements.
D. Storm drain facilities as required and shown on the approved construction plans and in accordance with City Standards.
E. 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.
F. Underground installation of all electrical, telephone, cable television and any other energy or communication lines that abut or are within the project site.
G. A street lighting system (City-owned) in accordance with City Standards.
H. Disposal of all rocks and debris located within any public right-of-way within said development or on the boundary streets thereof.
1. Installation of concrete curbs, gutters, sidewalks, cross gutters, driveways and intersections as shown on approved construction plans and in accordance with City Standards.
J. 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.
K. Street signs at intersections per the City Standards.
L. Installation of approved landscaping (plants and materials).
M. Setting monuments as required by the State Code.
The Developer 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. 01225.0005/784688.1 B-1
SUBMITTAL DATE: MONDAY, APRIL 4, 2022 lA
RECORD NUMBER PL 20-0029LD ECE02
CITY OF
PROJECT NUMBER PL 20-0029
ENGINEERING COST E ENGINEER'S COST ESTIMATE (OFF-SITE)
PROJECT NO: PL20-0029 13404 YORBA AVE
LOCATION: 13404 Yorba Avenue PLNG WTR ENV FIRE S/SD CONSULT TRAF ADA By: CA Engineering 1ST 2ND 3RD 4TH 5TH 6TH 7TH 8TH 9TH 10TH 11TH DATE: 3/29/2022 RETURN PLANS BY: MONDAY, APRIL 18TH TO T.AGUILERA Quantity Unit Item Unit Total Cost
Price Per Item
STREETS
EA Tree Removal $ 800.00 $
6 CY Concrete Removal 325.00 $ 1,950.00
805 CY AC Pavement Removal 100.00 $ 80,500.00
CY Imported Common Fill (Incl. Compaction) $ 34.00 $
32585 SF Preparation of Subgrade, Sidewalk and Paving $ 1.00 $ 32,585.00 939 LF PCC 8" Curb & 24" Gutter on 6" AB $ 26.00 $ 24,414.00 LF PCC 8" Curb & 24" Gutter on 6" AB 24.00 $
LF $ 20.00 $
LF 20.00 $
SF 16.00 $
4122 SF 4" PCC Sidewalk 5.80 $ 23,907.60
SF 6" PCC Thick Drive Approach on 6" AB 12.50 $
2229 8" PCC Thick Drive Approach on 6 AB $ 15.00 33,435.00 LF 2" x 6" Redwood Header 7.50
4 EA Street Sign and Post $ 475.00 1,900.00
EA Traffic Sign and Post $ 400.00 $
EA Reflector Sign and Post $ 175.00 $
EA Painted Legend $ 6.50 $
SF Prime or Tack Coat $ 0.08 S
TON AC Variable - <300T $ 130.00 $
850 TON AC Variable - >300T $ 120.00 $ 102,000.00
TON CAB Variable - <300T $ 100.00 $
2850 TON CAB Variable - >300T $ 90.00 $ 256,500.00
REVIEWED
CITY OF CHINO ENGINEERING
BY Isidro Abreo DATE 5/9/2022
EngCostEstimate Page 1 of 10 Effective Date: January 1, 2021 RESOLUTION NO 2020-080
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE - OFFSITE
PROJECT NO: PL20-0029
LOCATION: 13404 Yorba Avenue
By: CA Engineering
DATE: 3/29/2022
Quantity Unit Item Unit Total Cost
Price Per Item
STREETS
4 EA Adjust Sewer Manhole to Grade 950.00 $ 3,800.00
EA Adjust Sewer Cleanout to Grade 500.00 $
2 EA Adjust Water Valve and Can to Grade S 525.00 $ 1,050.00 3 EA Street Light (City Owner) $ 7,700.00 $ 23,100.00
1 EA Electrical Pedestal $ 6,500.00 $ 6,500.00
EA Lot Monument Setting Fee $ 550.00 $
1192 LF Sawcut A.C. $ 3.00 $ 3,576.00
LF Sawcut Concrete $ 3.00 $
SF Cold Plane A.C. 2" Thick $ 0.28 $
LF Signing & Striping for
Arterial 19.00 $
1107 LF Collector 13.00 $ 14,391.00
Local $ 7.00 $
EA Traffic Signal (8 - Phase Controller) $ 350,000.00 $ EA Modify existing Traffic Signal per Quadrant $ 75,000.00 $ LF
4 foot Residential Grade (Add $7.00/LF for Removal of
xistina Fence $ 25.00 $
foot School fence (Add $9.00/LF for Removal o
Existing Fence) 35.00 $
EA Utility Poles
Transmission 11,500.00 S
Distribution 8,000.00 S
Service $ 3,000.00 S
REVIEWED
CITY OF CHINO ENGINEERING
BY Isidro Abreo DATE 5/9/2022
EngCostEstimate Page 2 of 10 Effective Date: January 1, 2021 RESOLUTION NO 2020-080
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE - OFFSITE
PROJECT NO: PL20-0029
LOCATION: 13404 Yorba Avenue
By: CA Engineering
DATE: 3/29/2022
Quantity Unit Item Unit Total Cost
Price Per Item
STREETS
Landscape (Including shrubs, Hardscape, Irrigation, Ground Cover, Lighting, Installation Labor and Connection to
4265 SF Existing Systems) $ 15.00 $ 63,975.00
14 foot Median with Landscape, Irrigation, Lighting.
LF Hardscape, Curb, Gutter & Pavement $ 300.00 $
Rail Road Crossing
Safety Equipment (Complete Including Crossing Gates,
LS Signs, and Lights) $ 500,000.00 $
SF Track Crossing (Concrete) $ 175.00 $
SF Approach $ 4.00 $
EA S.W. Ramps (A.D.A. Compliant) $ 4,000.00 $ 4,000.00
EA Traffic Signal Loops 600.00 $
STREETS
STREET SUBTOTAL $ 677,583.60
LS Mobilzation (5% of Construction Cost) 5% $ 33,879.18 LS Traffic Control (5% of Construction Cost) 5% S 33,879.18 LS Clear & Grub Site (5% of Construction Cost) 5% $ 33,879.18 LS Excavation (Clean Material) (5% of Construction Cost) 5% S 33,879.18 GRAND TOTAL STREETS ONLY $ 813,100.32 |
REVIEWED
CITY OF CHINO ENGINEERING
BY Isidro Abreo DATE 5/9/2022
EngCostEstimate Page 3 of 10 Effective Date: January 1, 2021 RESOLUTION NO 2020-080
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE - OFFSITE
PROJECT NO: PL20-0029
LOCATION: 13404 Yorba Avenue
By: CA Engineering
DATE: 3/29/2022
Quantity Unit Item Unit Total Cost
Price Per Item
WATER
LF Trench Support/Shoring (6 foot depth) $ 15.00
CY Pipe Bedding & Compaction (Imported) $ 90.00 $
6" Pipe & Fittings Installed, including excavation, bedding, LF backfill and pavement restoration 80.00
8" Pipe & Fittings Installed, including excavation, bedding. backfill and pavement restoration. $ 100.00 $
12" Pipe & Fittings Installed, including excavation, bedding, LF backfill and pavement restoration 135.00 $
18" Pipe & Fittings Installed, including excavation, bedding.
LF backfill and pavement restoration $ 175.00 $
LF Removal, Disposal of ACP and Backfill 150.00 $
EA 6" Gate Valve 2,000.00 $
EA 8" Gate Valve 2,600.00
EA 12" Gate Valve 4,500.00
EA 18" Gate Valve $ 7,500.00 $
1 EA Fire Hydrant Assembly per City Std $ 7,500.00 $ 7,500.00 EA Blow-off Assembly 4" per City Std $ 8,600.00 $
EA 4,500.00 $
EA 1" Water Service/Meter $ 3,500.00 $
2 EA 2" Water Service/Meter $ 4,500.00 S 9,000.00
1-1/2" REDUCED PRESSURE TYPE BACKFLOW
EA PREVENTION ASSEMBLY PER CITY STD. 471 $ 8,000.00 s 8,000.00 WATER
WATER SUBTOTAL $ 24,500.00
LS Mobilzation (5% of Construction Cost) 5% 5 1,225.00
LS Traffic Control (5% of Construction Cost) 5% 5 1,225.00 GRAND TOTAL WATER ONLY $ 26,950.00
EngCostEstimate Page 4 of 10 Effective Date: January 1, 2021 RESOLUTION NO 2020-080
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE - OFFSITE
PROJECT NO: PL20-0029
LOCATION: 13404 Yorba Avenue
By: CA Engineering
DATE: 3/29/2022
Quantity Unit Item Unit Total Cost
Price Per Item
RECYCLED WATER
LF Trench Support/Shoring (6 foot depth) 15.00
CY Pipe Bedding (Imported) $ 90.00 $
6" Pipe & Fittings Installed, including excavation, bedding LF backfill and pavement restoration $ 80.00 $
8" Pipe & Fittings Installed, including excavation, bedding LF backfill and pavement restoration. $ 100.00 $
12" Pipe & Fittings Installed, including excavation, bedding, LF backfill and pavement restoration $ 135.00 $
18" Pipe & Fittings Installed, including excavation, bedding, LF backfill and pavement restoration 175.00 $
EA 6" Gate Valve $ 2,000.00
EA 8" Gate Valve S 2,600.00 $
EA 12" Gate Valve $ 4,500.00
EA 18" Gate Valve $ 7,500.00 $
EA Fire Hydrant Assembly per City Std. 7,500.00 S
EA Blow-off Assembly 5" per City Std 8,600.00 $
EA 2" Air Relief Assembly $ 4,500.00 $
EA 1" Water Service/Meter $ 3,500.00 S
EA 2" Water Service/Meter $ 4,500.00
RECYCLED WATER
RECYCLED WATER SUBTOTAL
LS Mobilzation (5% of Construction Cost) 5% $
Traffic Control (5% of Construction Cost) 5% S
GRAND TOTAL RECYCLED WATER ONLY $
REVIEWED
CITY OF CHINO ENGINEERING
BY (sidro Abreo DATE 5/9/2022
Eng CostEstimate Page 5 of 10 Effective Date: January 1, 2021 RESOLUTION NO 2020-080
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE - OFFSITE
PROJECT NO: PL20-0029
LOCATION: 13404 Yorba Avenue
By: CA Engineering
DATE: 3/29/2022
Quantity Unit Item Unit Total Cost
Price Per Item
SEWER
LF Trench Support/Shoring $ 15.00 $
4" V.C.P Installed, including excavation, bedding, backfill LF and pavement restoration $75.00
8" V.C.P Installed, including excavation, bedding, backfill 66 LF and pavement restoration $84.00 5,544.00
8" V.C.P Installed, including excavation, bedding, backfill LF and pavement restoration $93.00 $
10" V.C.P. Installed, including excavation, bedding, backfil! LF and pavement restoration $103.00 $
12" V.C.P. Installed, including excavation, bedding, backfill LF and pavement restoration $123.00 $
15" V.C.P. Installed, including excavation, bedding, backfill LF and pavement restoration $143.00 $
18" V.C.P. Installed, including excavation, bedding, backfill LF and pavement restoration $163.00 $
21" V.C.P. Installed, including excavation, bedding, backfill LF and pavement restoration $193.00 $
24" V.C.P. Installed, including excavation, bedding, backfill LF and pavement restoration $208.00 $
EA Sewer Saddle $450.00 $
EA Wyes 4" × 8" Typical $225.00 $
EA 48" Sewer Manhole $4,700.00 $
EA 60" Sewer Manhole $7,500.00 $
EA Sewer Cleanout $1,800.00 $
SEWER
SEWER SUBTOTAL $ 5,544.00
Mobilization (5% of Construction Cost) 5% $ 277.20
LS Traffic Control (5% of Construction Cost) 5% S 277.20 GRAND TOTAL SEWER ONLY $ 6,098.40
EngCostEstimate Page 6 of 10 Effective Date: January 1, 2021 RESOLUTION NO 2020-080
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE - OFFSITE
PROJECT NO: PL20-0029
LOCATION: 13404 Yorba Avenue
By: CA Engineering
DATE: 3/29/2022
Quantity Unit Item Unit Total Cost
Price Per Item
STORM DRAIN
LF 24" X 36" C.M.P.A. (10 Gauge) 230.00 $
LF 27" x 43" C.M.P.A (10 Gauge) $ 250.00 $
EA Storm Drain Manhole #1 10,000.00 $
EA Junction Structure #2 (24" or larger) $ 8,850.00 $ 8,850.00 EA Junction Structure #4 (24" or smaller) 4,000.00 $
EA Outlet Structure $ 10,000.00 $
EA Catch Basin 3.5' Width 7,200.00 $
EA Catch Basin 7° Width/L.D. 7,900.00 $
EA Catch Basin 10° Width/L.D 9,950.00 $
EA Catch Basin 14 Width/L.D. 11,000.00 $
EA Catch Basin 21' Width/L.D 13,000.00 $
18 inch/HDPE RCP Installed, including excavation,
LF bedding, backfill and pavement restoration 200.00 $
24 inch/HDPE RCP Installed, including excavation,
LF bedding, backfill and pavement restoration 240.00 $
27 inch RCP Installed, including excavation, bedding
LF backfill and pavement restoration $ 260.00 $
30 inch RCP Installed, including excavation, bedding.
LF backfill and pavement restoration $ 280.00 $
33 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration $ 295.00 $
36 inch RCP/HDPE Installed, including excavation
LF bedding, backfill and pavement restoration $ 310.00 S 39 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration $ 320.00 $
42 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration $ 330.00 $
45 inch RCP Installed, including excavation, bedding,
LE backfill and pavement restoration 360.00 $
48 inch RCP Installed, including excavation, bedding,
48 LF backfill and pavement restoration $ 385.00 $ 18,480.00 54 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration $ 440.00 $
60 inch RCP/HDPE Installed, including excavation, bedding, LF backfill and pavement restoration $ 500.00 | $
REVIEWED
CITY OF CHINO ENGINEERING
BY Isidro Abreo DATE 5/9/2022
EngCostEstimate Page 7 of 10 Effective Date: January 1, 2021 RESOLUTION NO 2020-080
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE - OFFSITE
PROJECT NO: PL20-0029
LOCATION: 13404 Yorba Avenue
By: CA Engineering
DATE: 3/29/2022
Quantity Unit Item Unit Total Cost
Price Per Item
STORM DRAIN
66 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration 560.00 $
72 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration $ 625.00
78 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration $ 690.00 $
84 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration $ 765.00 $
90 inch RCP Installed, including excavation, bedding.
LF backtill and pavement restoration $ 830.00 $
96 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration $ 920.00 $
102 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration $ 1,000.00 $
108 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration $ 1,075.00 $
7' x 6' RC8 Installed, including excavation, bedding, backfill LF and pavement restoration 700.00
7'x 8.5' RCB Installed, including excavation, bedding.
LF backfill and pavement restoration $ 820.00 $
7'x 9.5' RCB Installed, including excavation, bedding,
LF backfill and pavement restoration $ 870.00 $
8' × 11' RCB Installed, including excavation, bedding, backfill LF and pavement restoration $ 1,000.00 $
8' x 13' RCB Installed, including excavation, bedding, backfill LF and pavement restoration $ 1,100.00 $
9'x 9 RCB Installed, including excavation, bedding, backfill LF and pavement restoration $ 1,000.00 $
9' × 12' RCB Installed, including excavation, bedding, backfill and pavement restoration $ 1,100.00
4'x 6' RCB Installed, including excavation, bedding, backfill LF and pavement restoration $ 680.00 $
2 EA STORM DRAIN INLET RISER $ 1,000.00 $ 2,000.00
EA DOWN DRAIN TO PIPE TRANSITION $ 1,000.00 4,000.00
STORM DRAIN
STORM DRAIN SUBTOTAL $ 33,330.00
LS Mobilization (5% of Construction Cost) 5% $ 1,666.50 LS Traffic Control (5% of Construction Cost) 5% $ 1,666.50 GRAND TOTAL STORM DRAIN ONLY $ 36,663.00
EngCostEstimate Page 8 of 10 Effective Date: January 1, 2021 RESOLUTION NO 2020-080
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE - OFFSITE
PROJECT NO: PL20-0029
LOCATION: 13404 Yorba Avenue
By: CA Engineering
DATE: 3/29/2022
Quantity Unit Item Unit Total Cost
Price Per Item
DIRECT COSTS GRAND TOTAL STREETS ONLY $ 813,100.32
GRAND TOTAL WATER ONLY $ 26,950.00
GRAND TOTAL RECYCLED WATER ONLY $
GRAND TOTAL SEWER ONLY $ 6,098.40
GRAND TOTAL STORM DRAIN ONLY $ 36,663.00
GRAND TOTAL (FOR PLAN CHECK & INSPECTION FEE
DETERMINATION) $ 882,811.72
PROJECT ADDITIVES Project Contingencies 10% $ 88,281.17 Construction Staking 3% $ 26,484.35
Soils Testing 1% $ 8,828.12
Material Testing 1%: $ 8,828.12
Construction Inspection 4.8% $ 42,374.96
Contract Administration 1% $ 8,828.12
GRAND TOTAL (FOR BOND AMOUNTS) 1,066,436.56
FOR PUR
REVIEWED
CITY OF CHINO ENGINEERING
BY Isidro Abreo DATE 5/9/2022
EngCostEstimate Page 9 of 10 Effective Date: January 1, 2021 RESOLUTION NO 2020-080
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE - OFFSITE
PROJECT NO: PL20-0029
LOCATION: 13404 Yorba Avenue
By: CA Engineering
DATE: 3/29/2022
Quantity Unit Item Unit Total Cost
Price Per Item
BY ENGINEER
Prepared By: Fred Cornwell
R.C.E. Number: 45591
Expiration: 12/31/2021
PROFESSIO
CORN
REGISTERED HAL ENGINEER
115591
*
SITE OF CALFORNI CIVIL
Place R.C.E. Stamp and Signature Here (required)
BY CITY
Faithful Performance Bond (100% of Construction Cost) ,066,400.0 Labor & Material Bond (50% of Construction Cost) 533,200.00 Warranty Bond (10% of Construction Cost) $ 106,600.00
REVIEWED
CITY OF CHINO ENGINEERING
BY Isidro Abreo DATE 5/9/2022
EngCostEstimate Page 10 of 10 Effective Date: January 1, 2021 EXHIBIT "C"
YORBA XC, LLC
ENVIRONMENTAL WARRANTY
As a condition precedent to acceptance of the dedications and public improvements to be conveyed by the above-named Developer to the City of Chino for the above-referenced Subdivision, Developer hereby warrants to the City of Chino that:
1. Neither the property to be dedicated nor Developer are in violation of any environmental law, and neither the property to be dedicated nor the Developer 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 Developer nor any other person with Developer's permission to be upon the property to be dedicated has used, generated, manufactured, produced, or released, on, under, or about the property to be dedicated, any Hazardous Substance except in compliance with all applicable environmental laws. For the purposes of this warranty, the term "Hazardous Substances" shall mean any substance or material which is capable of posing a risk of injury to health, safety or property, including all those materials and substances designated as hazardous or toxic by any federal, state or local law, ordinance, rule, regulation or policy, including but not limited to, all of those materials and substances defined as "Toxic Materials" in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30, as the same shall be amended from time to time, or any other materials requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies.
3. Developer 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. Developer'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 Developer hereby represents and warrants, that the signators hereto have the legal power, right and authority to execute this warranty on behalf of the Developer 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 Developer'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 Developer to the City of Chino.
01225.0005/784688.1 C-1
Each of the undersigned persons declares under penalty of perjury that the foregoing is true and correct.
Dated: 4 722
Yorba XC, LLC
By:
*Proof of authorization for Developer's signatures is required to be submitted concurrently with this environmental warranty.
01225.0005/784688.1 C-2
Bond No.: 107643680
Contract No.: 2023-054
Approved: 7/5/2022
FAITHFUL PERFORMANCE BOND
(OFF-SITE IMPROVEMENTS FOR 13404 YORBA AVENUE - PL 20-0029) WHEREAS, the City Council of the City of Chino, State of California, hereinafter designated as "CITY" and YORBA XC, LLC, hereinafter designated as "PRINCIPAL," have entered into an agreement whereby Principa agrees to install and complete certain designated public improvements, which said agreement, dated July 5, 2022 and identified as Project Name 13404 Yorba Avenue (PL 20-0029) is hereby referred to and made a part hereof; 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 Travelers Casualty and Surety Company of America _, as surety, are held and firmly bound unto the City of Chino in the penal sum of One Million Sixty-Six Thousand Four Hundred Dollars ($1,066,400.00) 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 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.
Travelers Casualty and Surety Company of America
Yorba Xc, uc
PRINCIPAL SURETY
By: By:
SIGNATURES MUST BE NOTARIZED LL ROWE
Nota olic, State of Texas
No: T4: 12927473-8
Mu Com. : Expires 01-22-2025
KENDALL ROWE
Notary Public, State of Toxas
Notary ID#: 12927473-8 Кіни
My Commission Expires 01-22-2025 }
Rev. 04/2019) Page 1 of 1
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange
On_ June 3, 2022 before me, - Valerie Kilgore, Notary Public, (insert name and title of the officer)
personally appeared Jay Soni
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.
VALERIE KILGORE
Notary Public - California
Orange County
Commission # 2365127
Duce Kilgore My Comm. Expires Jul 11, 2025
Signature _ (Seal)
Travelers Casualty and Surety Company of America
TRAVELERSJ Travelers Casualty and Surety Company
St. Paul Fire and Marine Insurance Company
KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and corporations duly organized under the laws of the State of Connecticut (herein ollectively called the "Companies"), and that the Companies do hereby make, constitute and appoint FRANK A SWINGLE JF acknowledge any and all bonds, • Texas lawful Attorneys)-in-Fact to sign, execute, seal and recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of contracts and executing or guaranteeing bonds and undertakings required or permitted in IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, КА НАТИСНО,
RO HARTFORD,
SEAL
1s
State of Connecticut
By:
City of Hartford ss. Robert L. Raney, Senior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
NOTARY
My Commission expires the 30th day of June, 2026 В. Палів Anna P. Nowik, Notary Public
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; rD) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or he ertificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it i and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached.
1, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect.
Dated this day of June . 2022
COLATY AND SHARES PICN
HARTFORD, СОКРОВД
CONN
La 8. Hyper
10 Kevin E. Hughes, Assistant Secreta
To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880.
Please refer to the above-hamed Attorney(s)-in-Fact and the details of the bond to which this Power of Attorney is attached.
Bond No.: 107643680
Contract No.: 2023-05k
Approved: 75/2022
LABOR AND MATERIAL BOND
(OFF-SITE IMPROVEMENTS FOR 13404 YORBA AVENUE - PL 20-0029) WHEREAS, the City Council of the City of Chino, State of California, hereinafter designated as "CITY" and YORBA XC, LLC, 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 5, 2022 and identified as Project Name 13404 Yorba Avenue (PL 20-0029), is hereby referred to and made a part hereof; 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 Five Hundred Thirty-Three Thousand Two Hundred Dollars ($533,200.00) 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.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition.
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named, on June 1, 2022
Yorba XL, LUC Travelers Casualty and Surety Company of America
PRINCIPAL
Yal Pilo
By: By:
SIGNATURE(S) MUST BE NOTARIZED
KENDALL ROWE
Notary Public, State of Texas
Notary ID#: 12927473-8
My Commission Expires 01-22-2025
lendael Rame
Rev. 04/2019) Page 1 of 1
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange
June 3, 2022 before me, Valerie Kilgore, Notary Public, (insert name and title of the officer)
personally appeared Jay Soni
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.
VALERIE KILGORE
Notary Public - California
Orange County
Dave Kilare Commission # 2365127
Signature (Seal) My Comm. Expires Jui 11, 2025
Travelers Casualty and Surety Company of America
TRAVELERSJ Travelers Casualty and Surety Company
St. Paul Fire and Marine Insurance Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company corporations duly organized State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint FRANK A SWINGLE JR lawful Attorneys)-in-Fact to
acknowledge any and all bonds, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing recognizances the fidelity of contracts and executing or
guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021.
HARTFORD, 30
CONN. SEAL
ANATOR
1s
State of Connecticut
By:
City of Hartford ss. Robert L. Raney, Senior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, authorized do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
NOTARY
My Commission expires the 30th day of June, 2026 кал
Anna P. Nowik, Notary Public
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to ny Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-ir act for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power c Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached.
I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect.
Dated this day of JUne • 2022
ALANTY AND
HARTFORD
CONN SEAL
ANYSTOS . a 8. Hyper
1s
Kevin E. Hughes, Assistant Secretary
To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880.
Please refer to the above-named Attorney(s)-in-Fact and the details of the bond to which this Power of Attorney is attached.
Bond No.: 107643680
Contract No.: 2023-054
Approved: 7/5/2022
WARRANTY BOND
(OFF-SITE IMPROVEMENTS FOR 13404 YORBA AVENUE - PL 20-0029) WHEREAS, the City Council of the City of Chino, State of California, hereinafter designated as "CITY" and YORBA XC, LLC 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 5, 2022, and identified as Project No. 13404 Yorba Avenue (PL 20-0029), 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 Travelers Casualty and Surety Company of America _ as surety, are held and firmly bound unto the City of Chino in the penal sum of One Hundred Six Thousand Six Hundred Dollars ($106,600.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bound Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and provisions in said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees including reasonable attorneys' fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the agreement or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named, on June 1, 2022
sa XL, Luc Travelers Casually and Surety Company of America By: By:
KENDALL ROWE
Notary Public, State of Texas
SIGNATURE(S) MUST BE NOTARIZED Notary ID#: 12927473-8
My Commission Expires 01-22-2025
Rev. 04/2019)
Heathet PoweR 1011
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange
On June 3, 2022 before me, _ Valerie Kilgore, Notary Public, (insert name and title of the officer
personally appeared Jay Soni
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.
VALERIE KILGORE
Notary Public - California
Orange County
Commission # 2365127
My Comm. Expires Jul 11, 2025
signature Saie Kelgore (Seal)
Travelers Casualty and Surety Company of America
TRAVELERSJ Travelers Casualty and Surety Company
St. Paul Fire and Marine Insurance Company
KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint FRANK A SWINGLE JR and lawful Attorney(s)-in-Fact to sign, execute, seal and and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity usertakings realed or the fied in an eins loved by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April,
HARTFORD, HARTFORD,
CONN. CONN.
SEAL
State of Connecticut
By: _
City of Hartford ss. Robert L. Raney, Senior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
NOTARY Anna B Nail
My Commission expires the 30th day of June, 2026
pUBLIC
Anna P. Nowik, Notary Public
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice Pres