Agenda packet — Chino City Council, December 2, 2025 (part 1 of 3)

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

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

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

CHINO CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY, DECEMBER 2, 2025

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

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

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

CLOSED SESSION

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

2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9 Name of case: Mary Ingrid Culp vs. City of Chino; (Case No. CIVSB2222717) 1 CHINO CITY COUNCIL
DECEMBER 2, 2025 2

3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9 Name of case: G.M., A Minor By and Through Tanya Baez vs. City of Chino; (Case No.

CIVRS2508042)

4. CONFERENCE WITH LABOR NEGOTIATOR Pursuant to Government Code Section 54957.6:

Agency Negotiator: Terry Doyle, Director of Human Resources/Risk Management Employee or her designee Organizations: Chino City Hall Confidential Employee Association; Chino Police Management Association (CPMA); Chino Police Officers Association (CPOA); Chino Police Professional Employees Association (CPPEA); Teamsters Local1932 Professional, Technical and Clerical Unit; American Federation of State, County, and Municipal Employees (AFSCME District Council 36 - Local 3183); Unrepresented Management Sworn and Professional; Executive Management and Deputy Directors; and Part-time Employees

FLAG SALUTE

PERFORMANCE BY THE CHINO VALLEY COMMUNITY CHORUS

CEREMONIALS
Presentations
Boy’s Republic - Della Robbia Wreath Presentation.
2025 Sports Legends Youth Volunteer Award Winner - Recognition of the 2025 Sports Legends Volunteer Award Winner, Courtney Garcia, Chino American Little League, for service to youth sports in the Chino community.

Business of the Month - Award of Business of the Month for December 2025 to:
- Royalty Cakes
- Sokol Elite Gymnastics
Mayor’s Home Beautification Award - Award of Mayor’s Home Beautification Award for December 2025.

REPORT OUT OF CLOSED SESSION

AGENDA ADDITIONS/REVISIONS

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

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

2.04.090) limits speakers to no more than five (5) minutes in which to address Council, except as provided under Government Code 54954.3(b)(2). If more than three (3) persons seek to address the same agenda item or the same subject matter, the Mayor shall establish a maximum period of time not to exceed thirty (30) minutes.
2 CHINO CITY COUNCIL
DECEMBER 2, 2025 3

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

1. Warrants. Approve expenses as audited and within budget for warrants 7773100 to 7773337, and Electronic Fund Transfers 525349E to 525456E, totaling $7,934,495.06.

2. Minutes. Regular Meeting Minutes for November 18, 2025 (All Members Present).

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

4. City Council Regular Meeting Cancellation. Authorize staff to cancel the January 6, 2026 City Council Regular Meeting.

5. Replacement Subdivision Improvement Agreement for Tract Map No. 16420-6 (Block 11 - Lots 2 & 3) - Lennar Homes of California, LLC. Approve replacement Subdivision Improvement Agreement for Tract Map No. 16420-6 (Block 11- Lots 2 & 3), generally located south of Legacy Park Street, east of Main Street, and west of East Preserve Loop.

6. Replacement Subdivision Improvement Agreement for Tract Map No. 16420-6 (Block 11 - Lot 9) - Richmond American Homes of Maryland, Inc. Approve replacement Subdivision Improvement Agreement for Tract Map No. 16420-6 (Block 11- Lot 9), generally located south of Legacy Park Street, east of Main Street, and west of East Preserve Loop.

NEW BUSINESS

7. Award of Contract - Citywide HVAC Preventative Maintenance and Repairs. Award a Public Works contract with C.E. Mechanical, Inc., Chino, CA for Citywide HVAC Preventative Maintenance and Repairs.

Staff Report By: Andrea Bauer, Assistant Parks and Facilities Manager RECOMMENDATION: 1) Award a contract with C.E. Mechanical Inc., Chino, CA for Citywide Heating Ventilation Air Conditioning (HVAC) Preventative Maintenance and Repairs in the amount of $476,000 for preventative maintenance and $900,000 for repairs for a total not-to-exceed contract amount of $1,376,000 for two and one-half years through June 30, 2028, and two additional one-year options to renew; 2) appropriate $75,000 to the Building Management Fund; and 3) authorize the City Manager to execute all necessary documents on behalf of the City.

8. Cooperative Agreement with the California Department of Transportation (Caltrans) for the relinquishment of State Route 83 (Euclid Avenue). Authorize the City Manager to execute a Cooperative Agreement with Caltrans for the relinquishment of State Route 83 (Euclid Avenue).

Staff Report By: Michelle Chapman, CIP Engineering Manager 3 CHINO CITY COUNCIL
DECEMBER 2, 2025 4
RECOMMENDATION: 1) Adopt Resolution No. 2025-090, authorizing the City Manager to execute Agreement No. 08-1799 (Relinquishment Agreement) with Caltrans to accept a lump sum payment of $18,823,725 for the transfer of ownership of State Route 83 to the City of Chino; 2) establish a revenue object code within the General Fund for the deposit and project number MS265 for tracking future expenditures; 3) appropriate $60,000 to the Euclid Avenue Program for contract services to secure the transfer of easements on Federal Land for the Euclid Avenue Relinquishment Project MS265; and 4) authorize the City Manager to execute the necessary documents on behalf of the City.

9. Award a Professional Services Agreement to Biggs Cardosa Associates for Environmental and Design Services for the Pine Avenue Connector/Bridge Project (ST261) and grant (G7261).

Award a Professional Services Agreement to Biggs Cardosa Associates for Environmental and Design Services for the Pine Avenue Connector/Bridge Project (ST261).

Staff Report By: Michele Hindersinn, Senior Engineer
RECOMMENDATION: 1) Award a professional services agreement to Biggs Cardosa Associates in the amount of $6,964,986.99 for Environmental and Design Services for the Pine Avenue Connector/Bridge Project (ST261); 2) appropriate $2,086,590.28 from the Citywide Development Impact Fee (Fund 220), establish a new grant project G7261 and appropriate $3,505,806.71 to the Transportation Fund (Fund 320) for utilizing SAFETEA-LU grant funds and appropriate $1,372,590.00 to Measure I Arterial (Fund 328) (backfill from Fund 220) for a total project appropriation amount of $6,964,986.99 and a revised total project budget for Project ST261 and G7261, in the amount of $7,014,986.99; and 3) authorize the City Manager to execute all necessary documents on behalf of the City.

10. Amendment to the Construction Reimbursement Agreement for the Ontario Ranch Business Park Project (referred to as the REDA Project) - Merrill Avenue Widening, Interconnect, and Euclid Avenue Median Improvements Project R2501. Approve an amendment to the Construction Reimbursement Agreement for the Merrill Avenue Widening, Interconnect, and Euclid Median Improvements.

Staff Report By: Sylvia Ramos, Contracts & DIF Administrator and Jesus Plasencia, Assistant City Engineer
RECOMMENDATION: 1) Approve a budget amendment, as shown in the Fiscal Impact section of this report, reallocating and updating project funding sources for Project R2501 (Merrill Avenue Widening, Interconnect, and Euclid Avenue Median Improvements) to reflect approved change order work and updated cost allocations among appropriate funding sources, and increase the total project budget by $1,983,767, for a revised total project budget not to exceed $17,692,868; 2) appropriate $2,322,542 to the Transportation Fund 320 with a back fill from the Citywide Circulation Development Impact Fee Fund 220 to support the revised project budget and reduce the Preserve Fund 260 budget by ($338,775); 3) approve an amendment to the Construction Reimbursement Agreement between the City of Chino and Euclid Land Venture, LLC, a Delaware limited liability company, increasing the reimbursement amount by $1,983,767 for a total not-to-exceed amount of $17,692,868; and 4) authorize the City Manager to execute all the necessary documents on behalf of the City.

11. Construction Contract - CJ Concrete Construction, Inc. for the CDBG Alley Improvements FY2023-24 Project (SN240). Award a Construction Contract to CJ Concrete Construction, Inc. for the CDBG Alley Improvements FY2023-24 Project (SN240).

Staff Report By: Eduardo Diaz, Associate Engineer
4 CHINO CITY COUNCIL
DECEMBER 2, 2025 5
RECOMMENDATION: 1) Approve the plans and specifications for construction as approved by the Director of Public Works and award a construction contract to CJ Concrete Construction, Inc. for the CDBG Alley Improvements FY2023-24 Project (SN240) for $407,955; 2) appropriate $18,521.95 to the Transportation Fund (Fund 320) with a backfill from the General Fund (Fund 100); 3) increase the project budget of the CDBG Alley Improvements FY2023-24 Project (SN240) by $18,521.95 for a revised project budget of $568,146.60; 4) authorize the Public Works Director up to $40,795.50 (10% of the contract amount) for construction contingencies as allowable per the Public Contract Code; and 5) authorize the City Manager to execute the necessary documents on behalf of the City.

12. New Commune DTLA LLC v. City of Redondo Beach Appeal. Authorization to Participate as Amicus Curiae in the New Commune DTLA v. City of Redondo Beach, California Supreme Court Appeal.

Staff Report By: Fred Galante, City Attorney
RECOMMENDATION: That the City Council authorize participation in the appeal of the Court of Appeal’s New Commune DTLA LLC v. City of Redondo Beach decision to the Supreme Court as amicus curiae (often referred to as a “friend of the court” brief supporting the position of one of the parties) to advocate for clarity and flexibility in the application of Government Code § 65583.2 to overlay zoning strategies.

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

Mayor Ulloa
Mayor Pro Tem Burton
Council Member Comstock
Council Member Flores

13. Community Support Fund - Council Member Flores. Approve community support fund contributions to Chino Police Officers' Foundation, Chino Valley Fire Foundation, and Soroptimist International of the Chino Valley.

Staff Report By: Council Member Flores
RECOMMENDATION: Approve a community support fund contribution of $500 Chino Police Officers Foundation, $500 to Chino Valley Fire Foundation, and $500 to Soroptimist International of the Chino Valley.

Council Member Lucio
City Manager's Report
City Attorney's Report
Police Chief's Report
Director's Report
Fire Chief's Report
5 CHINO CITY COUNCIL
DECEMBER 2, 2025 6

ADJOURN
The next Regular Meeting of the City Council will be held on Tuesday, December 16, 2025 at 6:00 p.m. (Closed Session no earlier than 4:00 p.m. if necessary) in these Council Chambers.

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

CITY OF CHINO

ADMINISTRATION DEPARTMENT
CITY COUNCIL MEETING DATE: DECEMBER 2, 2025
TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: LINDA REICH, CITY MANAGER

SUBJECT
..titl e
Boy’s Republic
..end
..body
7 MEMORANDUM

CITY OF CHINO

COMMUNITY SERVICES, PARKS & RECREATION DEPARTMENT
CITY COUNCIL MEETING DATE: DECEMBER 2, 2025
TO: LINDA REICH, CITY MANAGER
FROM: SILVIA AVALOS, DIRECTOR OF COMMUNITY SERVICES, PARKS &

RECREATION

SUBJECT
..titl e
Recognition of the 2025 Sports Legends Youth Volunteer Award Winner, Courtney Garcia, Chino American Little League, for service to youth sports in the Chino community. ..end
..body

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
 Commitment to Our Community
 Public Service Excellence through Internal and External Partnerships 8 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT
CITY COUNCIL MEETING DATE: DECEMBER 2, 2025
TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: LINDA REICH, CITY MANAGER

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

CITY OF CHINO

ADMINISTRATION DEPARTMENT
CITY COUNCIL MEETING DATE: DECEMBER 2, 2025
TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: EUNICE M. ULLOA, MAYOR

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

CITY OF CHINO

FINANCE DEPARTMENT
CITY COUNCIL MEETING DATE: DECEMBER 2, 2025
TO: LINDA REICH, CITY MANAGER
FROM: KIM SAO, DIRECTOR OF FINANCE

SUBJECT
..titl e
Warrants.
..end

RECOMMENDATION
Approve expenses as audited and within budget for warrants 7773100 to 7773337, and Electronic Fund Transfers 525349E to 525456E, totaling $7,934,495.06. ..body

FISCAL IMPACT
Sufficient funds have been included in the Fiscal Year 25-26 Adopted Budgets.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
 Financial Stability
Revenue: Expenditure:
11 CITY COUNCIL MEETING DATE: DECEMBER 2, 2025
TITLE: WARRANTS.

PAGE: 2

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

NO. WARRANTS CHECK DATE FY AMOUNT

1. 7773100 – 7773192 10/30/25 25-26 $1,088,949.88

2. 7773193 – 7773246 11/06/25 25-26 $587,178.40

3. 7773247 – 7773337 11/13/25 25-26 $1,241,672.41

4. 525349E – 525385E 10/31/25 25-26 $1,400,444.00

5. 525386E – 525414E 11/07/25 25-26 $1,389,093.97

6. 525415E – 525456E 11/14/25 25-26 $2,227,156.40
TOTAL $7,934,495.06

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

Attachment
12 Council Meeting 12/02/25

CITY OF CHINO
A/P Warrant Register Over $50,000
Check Date
Check
Number Vendor Name Description Amount
10/30/2025 7773124 ELECTRA-MEDIA, INC ECONOMIC DEV-CHINO FORD $144,096.00 7773188 WASTE MANAGEMENT COLLECTION SERVICES $591,992.81 10/31/2025 525355

CHINO VALLEY INDEPENDENT FIRE
DISTRICT FIRE PROTECTION SERVICES $1,310,147.00
11/06/2025 7773220 M K SMITH CHEVROLET NEW UNIT 835 - 1500 CHEVROLET $79,012.32 7773240 SO CAL EDISON CO SERVICE PERIOD: 09/30-10/28 $304,570.14 7773243 TRANSWEST TRUCK CENTER LLC UNIT 547 - 2025 FORD F150 POLICE DEPT $59,972.31 11/07/2025 525402 HARDY & HARPER INC AS NEEDED PAVEMENT SERVICES $206,684.00 525403 INLAND EMPIRE UTILITIES AGENCY SEWAGE TREATMENT SERVICES $1,039,829.03 11/13/2025 7773272

DYETT & BHATIA, URBAN & REGIONAL
PLANNERS GENERAL PLAN SERVICES $84,774.61
7773293 KB HOMES DIF REFUND-FALLONCREST $915,327.48
11/14/2025 525422

CHINO VALLEY INDEPENDENT FIRE
DISTRICT FIRE PROTECTION SERVICES $1,310,147.00
525433 FISHER SCIENTIFIC CO LLC CITY CONSIDERATION 7/1/25-9/30 $589,048.20 525445 MODEL 1 COMMERCIAL VEHICLES, INC. CITY CONSIDERATION 07/01/25-09 $148,480.22 TOTAL $6,784,081.12
13 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT
CITY COUNCIL MEETING DATE: DECEMBER 2, 2025
TO: LINDA REICH, CITY MANAGER
FROM: NATALIE GONZAGA, CITY CLERK

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

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

REGULAR MEETING - CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY, NOVEMBER 18, 2025

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

CALL TO ORDER
The November 18, 2025, Regular Meeting of the Chino City Council / Successor Agency to the Redevelopment Agency was called to order at 5:12 pm by Mayor Eunice M. Ulloa in the Council Chambers.

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

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

CLOSED SESSION PUBLIC COMMENTS
There were no requests to speak.

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

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

2. CONFERENCE WITH LABOR NEGOTIATOR Pursuant to Government Code Section 54957.6: Agency Negotiator: Terry Doyle, Director of Human Resources/Risk Management Employee or her designee Organizations: Chino City Hall Confidential Employee Association; Chino Police Management Association (CPMA); Chino Police Officers Association (CPOA); Chino Police Professional Employees Association (CPPEA); Teamsters Local1932 Professional, Technical and Clerical Unit; American Federation of State, County, and Municipal Employees (AFSCME District Council 36 - Local 3183); Unrepresented Management Sworn and Professional; Executive Management and Deputy Directors; and Part-time Employees The City Council recessed to Closed Session at 5:14 p.m. and concluded at 5:59 p.m. The City Council reconvened the meeting at 6:08 p.m.
15 CHINO CITY COUNCIL
NOVEMBER 18, 2025 2

FLAG SALUTE
Chino Rotary Club Troop 201 led the Pledge of Allegiance.

CEREMONIALS
Proclamations
American Cancer Society’s Great American Smokeout Day - Proclaim November 20, 2025 as American Cancer Society's Great American Smokeout Day in the City of Chino.

Mayor Ulloa read into the record the Proclamation designating November 20, 2025, as American Cancer Society's Great American Smokeout Day in Chino. Michael Adams, CSPR Supervisor, and Kaylee Henriquez, Chino Police Department D.A.R.E. Officer, accepted the Proclamation.

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

2. CONFERENCE WITH LABOR NEGOTIATOR Pursuant to Government Code Section 54957.6: Agency Negotiator: Terry Doyle, Director of Human Resources/Risk Management Employee or her designee Organizations: Chino City Hall Confidential Employee Association; Chino Police Management Association (CPMA); Chino Police Officers Association (CPOA); Chino Police Professional Employees Association (CPPEA); Teamsters Local1932 Professional, Technical and Clerical Unit; American Federation of State, County, and Municipal Employees (AFSCME District Council 36 - Local 3183); Unrepresented Management Sworn and Professional; Executive Management and Deputy Directors; and Part-time Employees The City Council received an update, provided direction, and no further reportable action was taken.

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

INFORMATION
External Agency Report for November 18, 2025. Receive and file the External Agency Report for November 18, 2025 (Covering Meetings from September 1 - September 30, 2025).

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

San Antonio Regional Hospital Presentation. Update Presentation from San Antonio Regional Hospital.

Brenda Nuno Gutierrez, Government Affairs Coordinator, San Antonio Regional Hospital, provided an update regarding their services and the state of healthcare in the region. 16 CHINO CITY COUNCIL
NOVEMBER 18, 2025 3

PUBLIC ANNOUNCEMENTS
Mayor Ulloa provided the following event reminders and announcements:
- Gobbler Gloves Boxing Showcase is Sunday, November 23, 2025, at the Neighborhood Activity Center, 5201 D Street. For information, visit cityofchino.org/cspr or call 909-334-3260. - Chino Cares Challenge is open community-wide by collecting food, grocery and fast food gift cards, to help Chino families in need. For donation drop-off information, visit cityofchino.org/ccc.
- City Hall and most city facilities will be closed on Thanksgiving Day, November 27, and the day after Thanksgiving, November 28, 2025. City Hall will resume normal operating hours on Monday, December 1, 2025.
- Santa's Workshop and Tree Lighting Ceremony is Saturday, December 6, 2025, starting at 4:00 p.m., Chino City Hall Lawn. For information, visit cityofchino.org/events. - Chino Youth Christmas Parade & Fair is Saturday, December 13, 2025. For information, visit cityofchino.org/events.

PUBLIC COMMENTS
Pastor Kaylyn Unterkofler, Crosspoint Church, provided the invocation.

Bella Barajas, Allegiance STEAM Academy student, provided an introduction.

Imam Salomon, Ahmadiyya Muslim community, provided an introduction and invitation to their 28th West Coast Jalsa event on December 27, 2025.

Ray Morales, Chino Boxing Foundation, provided an invitation to the Gobbler Gloves Boxing Showcase and thanked the Council Members, Chief of Police, Fire Chief, and City Staff for the outstanding job on the Saturdays Night Fights event.

Bob Nigg, spoke regarding the City of Chino Housing Element in relation to the City of Redondo Beach case, regarding the Regional Housing Needs Allocation (RHNA) overlays.

City Attorney Galante addressed the City of Redondo Beach case.

Mike Gutierrez, inquired about a new city hall plan. Mayor Ulloa stated there is a Civic Center Master Plan that we hope to someday implement, however, there is no current plan to move forward.

Scouts from Troop 201 and Troop 2012 provided an introduction.

CONSENT CALENDAR

1. Warrants. Approve expenses as audited and within budget for warrants 7772823 to 7773099, and Electronic Fund Transfers 525251E to 525348E, totaling $4,774,463.99.

Item No. 2 was pulled from the Consent Calendar for a separate action. 17 CHINO CITY COUNCIL
NOVEMBER 18, 2025 4

4. Government Relations Update for November 18, 2025. Receive and file the November 18, 2025, Government Relations Update.

5. Adjustments in Compensation for Affected Members of the City of Chino. Approve 1) Resolutions for MOU Amendments and Compensation and Benefit Plans; 2) Resolution No. 2025-079 to amend the City's Classification Plans and Salary Schedules; and 3) Appropriations in the amount of $328,928 to various funds for FY 2025-26.

6. Live Entertainment Permit - Kenwood’s Kitchen and Tap. Approval of a Live Entertainment Permit for Kenwood's Kitchen and Tap, 16287 Main St., Ste 110 Chino, CA, for a period of 12 months, subject to quarterly review of satisfactory compliance with terms, conditions, and restrictions of permit.

7. 2025 Citizens’ Option for Public Safety (COPS) Grant Funds Additional Appropriation. Accept additional funds of $145,294.48 received for the identified expenditure areas of the FY 2024-25 COPS Program Grant G4256 and appropriate an additional expenditure and revenue in the amount of $145,294.48 in the State COPS Fund 130.

8. 2026 Citizens’ Option for Public Safety (COPS) Grant. Accept and approve the use of grant funds for the identified expenditure areas of the 2025-26 COPS Program Grant G4265; appropriate $145,497 to the AB3229-State COPS Grant Fund 130, with a corresponding increase to revenues in the same fund.

9. Notice of Completion for the FY24-25 Traffic Signal Interconnect Project (TR251) with Branson Industries, LLC. Accept Project TR251, Contract No. 2025-251, as complete; authorize the Director of Public Works to file the Notice of Completion; and authorize the release of retention funds following the 35-day lien period absent any claims.

10. Landscape Maintenance Agreement between the City of Chino and Caltrans for the new median on SR-83/Euclid Avenue (Merrill Avenue north to Eucalyptus Avenue). Approve an Agreement between the City of Chino and the State of California, Department of Transportation (Caltrans), for the ongoing maintenance of new median landscaping improvements within the State Highway right-of-way along State Route 83/Euclid Ave.

11. Award a Professional Services Agreement to Proactive Engineering Consultants, Inc. for the Monte Vista Park Expansion Project (PK255). Award a professional services agreement to Proactive Engineering Consultants, Inc. for $163,243.00 to provide engineering design services for the Monte Vista Park Expansion Project (PK255).

12. Adopt Resolution No. 2025-080 to enter into a Funding Agreement D2502006 with the State Water Resources Control Board for the Drinking Water State Revolving Fund program to fund the State Street Water Treatment Plant Project (WA212). Authorize the City to enter into an Agreement with the State Water Resources Control Board through the Drinking Water State Revolving Fund Program to fund WA212; accept the Emerging Contaminates Grant included in the Agreement in the amount of $25,000,000
Motion by Mayor Pro Tem Burton, seconded by Council Member Comstock, to approve the Consent Calendar Items 1 and 3-12 as presented; with item 2 pulled for separate action. The motion carried by the following vote:

AYES: ULLOA, BURTON, COMSTOCK, FLORES, AND LUCIO
NOES: NONE.
18 CHINO CITY COUNCIL
NOVEMBER 18, 2025 5
ABSENT: NONE.

ITEMS PULLED FROM CONSENT

2. Minutes. Regular Meeting Minutes for November 4, 2025 (Mayor Ulloa Absent-Excused).

Motion by Mayor Pro Tem Burton, seconded by Council Member Flores, to approve Consent Calendar Item 2 as presented. The motion carried by the following vote:

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

ABSENT: NONE.

ABSTAIN: ULLOA

NEW BUSINESS

13. Approve a Memorandum of Understanding (MOU) with the County of San Bernardino for the Operation of the West End Navigation Center. Approve a Memorandum of Understanding (MOU) with the County of San Bernardino for the operation of the West End Navigation Center.

Staff Report By: Silvia Avalos, Director of Community Services, Parks & Recreation.

RECOMMENDATION: 1) Approve a Memorandum of Understanding (MOU) between the City of Chino, County of San Bernardino, and cities of Chino Hills, Fontana, Montclair, Ontario, Rancho Cucamonga, Rialto, and Upland; 2) approve the City of Chino’s share of $200,000 for each of the first two years for the joint operation of the West End Navigation Center located at 11109 Jasmine Street, Fontana, CA; and 3) authorize the City Manager to execute all necessary documents on behalf of the City.

Silvia Avalos, Director of Community Services, Parks and Recreation, and Police Captain Ryan Croley, provided a report on the item.

Mayor Pro Tem Burton inquired about the process, medical staff, and operational hours. Police Captain Croley explained once contact is made and a need is identified, the center will provide wrap around services. He noted the City will provide transportation to the center and assist with the intake process, confirmed there is medical staff and the center will be available 24 hours a day, seven days a week.

Council Member Comstock commented this is resource has been missing in San Bernardino County for some time and is long overdue for the community. She thanked staff and the Mayor for working on it and the County for taking the lead.

Mayor Ulloa discussed the West End Mayor's Roundtable group's years of planning and efforts. She thanked the City of Fontana for moving forward to build the center.

Motion by Mayor Pro Tem Burton, seconded by Council Member Flores, to 1) Approve a Memorandum of Understanding (MOU) between the City of Chino, County of San Bernardino, and cities of Chino Hills, Fontana, Montclair, Ontario, Rancho Cucamonga, Rialto, and Upland; 2) approve the City of Chino's share of $200,000 for each of the first two years for the joint operation of the West End Navigation Center located at 11109 Jasmine Street, Fontana, CA; and 3) authorize the City Manager to execute all necessary documents on behalf of the City. The motion carried by the following vote:
19 CHINO CITY COUNCIL
NOVEMBER 18, 2025 6
AYES: ULLOA, BURTON, COMSTOCK, FLORES, AND LUCIO
NOES: NONE.

ABSENT: NONE.

14. Issuance of Bonds for Community Facilities District 2003-3 Improvement Area 11. Adopt Resolution 2025-081 and Authorize the Issuance of Bonds for Community Facilities District 2003-3 IA 11.

Staff Report By: Kim Sao, Director of Finance and Jon White, Director, Urban Futures, Inc.

RECOMMENDATION: Adopt Resolution No. 2025-081 of the City Council of the City of Chino, acting as the legislative body for Community Facilities District No. 2003-3 of the City of Chino (the “District”), on behalf of Improvement Area No. 11 therein (“Improvement area No. 11”), approving the issuance of the bonds and the substantially final forms of the Preliminary Official Statement, Fiscal Agent Agreement, Bond Purchase Agreement, Continuing Disclosure Agreement, and Appraisal Report (collectively, the “Bond Documents”).

Kim Sao, Director of Finance, and Jon White, Director, Urban Futures, Inc. provided a presentation on the item.

Mr. White noted a minor revision to the Preliminary Official Statement (POS) attachment to incorporate the ownership to include 15 lots owned by Century to read "Century Landbank", which has been submitted to the City Council and saved to the meeting record.

Council Member Lucio inquired about some neighboring cities who issue bonds for 99 years and if this results in a lower payment for the homeowner. Mr. White explained he is not aware, but believes that beyond the life of the bond, the extra funds are used for local improvements.

Motion by Council Member Lucio, seconded by Mayor Pro Tem Burton, to Adopt Resolution No. 2025-081 of the City Council of the City of Chino, acting as the legislative body for Community Facilities District No. 2003-3 of the City of Chino (the "District"), on behalf of Improvement Area No. 11 therein ("Improvement area No. 11"), approving the issuance of the bonds and the substantially final forms of the Preliminary Official Statement, Fiscal Agent Agreement, Bond Purchase Agreement, Continuing Disclosure Agreement, and Appraisal Report (collectively, the "Bond Documents"). The motion carried by the following vote:

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

ABSENT: NONE.

15. Adjustments in Compensation for Affected Members of the City of Chino. Approve 1) Resolutions for Compensation and Benefit Plans; 2) Resolution No. 2025-078 to amend the City's Classification Plans and Salary Schedules; and 3) Appropriations in the amount of $27,534 to various funds for FY 2025-26.

Staff Report By: Fred Galante, City Attorney
RECOMMENDATION: 1) Adopt Resolution Nos. 2025-088 and 2025-089 approving the Compensation and Benefit Plans for Executive Management and Unrepresented Sworn Management; 2) Adopt Resolution No. 2025-078 to amend the Classification Plan and Compensation Schedule for Executive Management; and 3) Approve appropriation in the amount of $27,534 to the various funds detailed in the fiscal impact section of the staff report. 20 CHINO CITY COUNCIL
NOVEMBER 18, 2025 7
Fred Galante, City Attorney, provided a report on the item. Pursuant to Government Code Sections 53262, 54953(c)(3), and 54956(b), City Attorney Galante reported updates to compensation outlined in the resolutions and exhibits being presented for approval. The updates for Executive Management include a one-time, non-pensionable Retention Pay, a 3% COLA effective the beginning of the pay period after City Council approval, which is November 24, 2025; and a 3% COLA effective the beginning of the pay period that includes July 1, 2026.

Motion by Mayor Pro Tem Burton, seconded by Council Member Comstock, to 1) Adopt Resolution Nos. 2025-088 and 2025-089 approving the Compensation and Benefit Plans for Executive Management and Unrepresented Sworn Management; 2) Adopt Resolution No. 2025-078 to amend the Classification Plan and Compensation Schedule for Executive Management; and 3) Approve appropriation in the amount of $27,534 to the various funds detailed in the fiscal impact section of the staff report. The motion carried by the following vote:

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

ABSENT: NONE.

16. Ad Hoc Committees. Request to Establish Temporary City Council Ad Hoc Committees.

Staff Report By: Linda Reich, City Manager
RECOMMENDATION: Establish and assign City Council Members to temporary Ad Hoc Committees for 1) Downtown Chino and 2) Information Technology and Training.

City Manager Reich provide a report on the item.

Mayor Ulloa inquired about how often the Ad Hoc Committees will meet. City Manager Reich stated they will meet as needed.

Mayor Ulloa asked that two City Council Members volunteer to serve on the Downtown Chino Ad Hoc Committee. Council Member Flores and Mayor Pro Tem Burton volunteered to serve on the Committee.

Motion by Council Member Comstock, seconded by Council Member Lucio, to establish and assign Council Member Flores and Mayor Pro Tem Burton to the temporary Ad Hoc Committee for Downtown Chino. The motion carried by the following vote:

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

ABSENT: NONE.

Mayor Ulloa asked that two City Council Members volunteer and serve on the Information Technology and Training Ad Hoc Committee. Council Member Comstock and Council Member Lucio volunteered to serve on the Committee.

Motion by Council Member Flores, seconded by Mayor Pro Tem Burton, to establish and assign Council Member Comstock and Council Member Lucio to the temporary Ad Hoc 21 CHINO CITY COUNCIL
NOVEMBER 18, 2025 8
Committee for Information Technology and Training. The motion carried by the following vote:

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

ABSENT: NONE.

MAYOR AND COUNCIL REPORTS
Mayor Ulloa
Mayor Ulloa reported on the following meetings and events including the Omnitrans Board of Director's meeting; San Bernardino County Transportation Authority Board of Directors meeting; River Street Market Ecology Center San Juan Capistrano tour; Senior Birthdays; Bark Around Ayala Park; Veterans Day ceremony; Omnitrans Administration and Finance Committee meeting; SBCTA Transit Metro Valley Committee meeting; and City Manager meeting.

Mayor Pro Tem Burton

17. Community Support Fund - Mayor Pro Tem Burton. Approve community support fund contribution to Chino Kiwanis Club (Golf Tournament).

Staff Report By: Mayor Pro Tem Burton
RECOMMENDATION: Approve community support fund contribution of $300 to Chino Kiwanis Club (Golf Tournament).

Motion by Council Member Flores, seconded by Council Member Comstock, to Approve community support fund contribution of $300 to Chino Kiwanis Club (Golf Tournament).

The motion carried by the following vote:

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

ABSENT: NONE.

Mayor Pro Tem Burton reported on the following meetings and events including a meeting to discuss noise issues from the Ontario International Airport; Chino Valley Historical Society meeting; Bark Around Ayala Park; City Manager meeting; Mayor's Prayer Breakfast; Howard Cattle Elementary Veterans Day event; Youth Sports President's dinner; Chino Basin Watermaster Appropriative Pool Committee meeting; Animal Resource Center Design meeting; Closed Session; thanked Bella Barajas and Bob Nigg, who provided a public comment; and reminded everyone about the Gobbler Gloves boxing event.

Council Member Comstock
Council Member Comstock complimented the City Veterans Day event; complimented the efforts of the Chino Police Department as they provided service to Deputy Nunez's funeral and their work on the retail theft operations; spoke regarding the current rain conditions and the past challenges; and expressed her sympathy to Mayor Pro Tem Burton for the loss of his Mother in Law.
22 CHINO CITY COUNCIL
NOVEMBER 18, 2025 9
Council Member Lucio
Council Member Lucio expressed his condolences to Mayor Pro Tem Burton and his wife Bertie; provided a suicide prevention reminder; wished everyone a Happy Thanksgiving and encouraged everyone to volunteer in a food give away program and help others in need.

Council Member Flores
Council Member Flores reported he participated in the Learning Experience community helpers lesson; wished everyone a Happy Thanksgiving; announced upcoming Thanksgiving food giveaways; and expressed his condolences to the Burton family.

City Manager's Report
City Manager Reich had no report.

City Attorney's Report
City Attorney Galante had no report.

Police Chief's Report
Police Chief Mensen reported that over $7,500 raised from the pink patch fundraiser will be donated to the Loma Linda Cancer Care Center; the first Stuff the Sleigh event will be at Painted Dough on Saturday, November 22 from 1:00-3:00 p.m.; and announced the retail theft operation is in effect, with Proposition 36 violators subject to felony bookings.

Director's Report
Hye Jin Lee, Director of Public Works, provided a report on the current weather condition and confirmed there are no significant incidents; announced fire stations are restocked with sand and sandbags; and provided a highlight regarding Consent Calendar Item 12, where staff secured an additional $15 million grant for the State Street water project.

Fire Chief's Report
Fire Chief Dave Williams had no report.

ADJOURN
The meeting adjourned at 7:57 p.m. The next Regular Meeting of the City Council will be held on Tuesday, December 2, 2025 at 6:00 p.m. (Closed Session no earlier than 4:00 p.m. if necessary) in these Council Chambers.

APPROVED AND ADOPTED THIS 2ND DAY OF DECEMBER 2025.
________________________________
EUNICE M. ULLOA, MAYOR
ATTEST:
________________________________

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

CITY OF CHINO

ADMINISTRATION DEPARTMENT
CITY COUNCIL MEETING DATE: DECEMBER 2, 2025
TO: LINDA REICH, CITY MANAGER
FROM: NATALIE GONZAGA, CITY CLERK

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

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

FISCAL IMPACT
Sufficient funding is available in the adopted Fiscal Year 2025-26 Operating Budget.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above furthers the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
 Superior Customer Service
 Responsible Long-Range Planning
 Exemplary Leadership
 Public Service Excellence through Internal and External Partnerships Revenue: Expenditure: 1002000-43320
Transfer In: Transfer Out:
24 CITY COUNCIL MEETING DATE: DECEMBER 2, 2025
TITLE: ELECTED CITY OFFICIALS’ REPORT REGARDING TRAVEL, TRAINING, AND MEETINGS.

PAGE: 2

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

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

Attachment – Exhibit A
25 12/2/2025 City Council Meeting
Event Date Meeting Purpose
and Subject
Matter
Location City Official
Attendees
November 21, 2025 League of California
Cities Division
Meeting
Ontario, CA Mayor Pro Tem
Burton
26 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT
CITY COUNCIL MEETING DATE: DECEMBER 2, 2025
TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: LINDA REICH, CITY MANAGER

SUBJECT
..titl e
City Council Regular Meeting Cancellation.
..end

RECOMMENDATION
Authorize staff to cancel the January 6, 2026 City Council Regular Meeting. ..body

FISCAL IMPACT
No Fiscal Impact.

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

Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 27 CITY COUNCIL MEETING DATE: DECEMBER 2, 2025
TITLE: CITY COUNCIL REGULAR MEETING CANCELLATION.

PAGE: 2

BACKGROUND
From time to time, the City Council has voted to cancel regularly scheduled meetings due to conflicts with events or holidays. The Tuesday, January 6, 2026 regular City Council meeting falls near the 2025 City holiday closure.

ISSUES/ANALYSIS
City staff is recommending cancellation of this meeting due to the proximity of the agenda posting deadline and the meeting date to the City holiday closure. With the December 16, 2025 and January 20, 2026 regular meetings scheduled, there is no significant gap in meetings, allowing for the continuation of City business.

Should the City Council approve the cancellation of the Tuesday, January 6, 2026 meeting, the next regular meeting of the City Council would be held on January 20, 2026. 28 MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT
CITY COUNCIL MEETING DATE: DECEMBER 2, 2025
TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, PUBLIC WORKS DIRECTOR

SUBJECT
..titl e
Replacement Subdivision Improvement Agreement for Tract Map No. 16420-6 (Block 11 - Lots 2 & 3) – Lennar Homes of California, LLC.
..end

RECOMMENDATION
Approve replacement Subdivision Improvement Agreement and securities with Lennar Homes of California, LLC for Tract Map No. 16420-6 (Block 11 - Lots 2 & 3); and authorize the City Manager to execute any necessary documents on behalf of the City. ..body

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

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above will further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
 Responsible Long-Range Planning
 Public Service Excellence Through Internal & External Partnerships 29 CITY COUNCIL MEETING DATE: DECEMBER 2, 2025
TITLE: REPLACEMENT SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP NO. 16420-6 (BLOCK 11 - LOTS 2 & 3) - LENNAR HOMES OF CALIFORNIA, LLC.

PAGE: 2

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

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

Subsequently, on September 19, 2022, the City’s Planning Commission approved a 32.63-acre Master Site Approval PL21-0056 and Tentative Tract Map No. 20445 for the future development of 305 single-family homes within four neighborhoods, a pocket park, and private recreation center located in the MDR (Medium Density Residential) and CC16 (Community Core 16) land use designations known as “Block 11.” This project is generally located south of Legacy Park Street, east of Main Street, and north of East Preserve Loop.

The developer, Chino Preserve Development Corporation, a Lewis Management Corporation company (“Lewis”), received City Council approval of Final Map No. 16420-6 on April 1, 2025, to subdivide the previously approved Tentative Tract Map No. 16420, as shown in Exhibit A. Lewis is actively developing the site and has entered into purchase agreements with four guest builders.

The Engineering Conditions of Approval (COA) for Block 11 requires public improvements including, but not limited to curb, gutter, sidewalk, streetlights, asphalt concrete pavement, median/parkway landscape, sewer, water, recycled water and drainage improvements. To guarantee the completion of these public improvements, Lewis entered into a Subdivision Improvement Agreement (SIA) with the City and obtained the necessary securities for the improvements which were approved with the Final Map on April 1, 2025.

ISSUES/ANALYSIS
Now that the final escrows for the guest builders have closed, City staff is coordinating with each builder to execute replacement SIAs to transfer and secure their respective obligations.

Lennar Homes, LLC has acquired Lots 2 and 3, as shown in Exhibit A of the attached replacement SIA. The conditions established at the time of tentative map approval have been met through execution of the replacement agreement for Tract Map No. 16420-6 and the posting of securities guaranteeing construction of the public improvements required for Block

11. The City Attorney has reviewed and approved the replacement SIA and associated securities. Additionally, Lewis has executed a Partial Assignment and Assumption Agreement to the Development Agreement with Lennar Homes of California, LLC.

Attachments:

Exhibit A - Location Map Tract Map No. 16420-6
30 CITY COUNCIL MEETING DATE: DECEMBER 2, 2025
TITLE: REPLACEMENT SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP NO. 16420-6 (BLOCK 11 - LOTS 2 & 3) - LENNAR HOMES OF CALIFORNIA, LLC.

PAGE: 3
Exhibit B – Replacement Subdivision Improvement Agreement 31 32
01225.0006/366470.2 Updated 10-2020

SUBDIVISION IMPROVEMENT AGREEMENT
by and between

CITY OF CHINO
and

LENNAR HOMES OF CALIFORNIA, LLC
33 01225.0006/366470.2

SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN

THE CITY OF CHINO
AND

LENNAR HOMES OF CALIFORNIA, LLC

INLAND DIVISION
Agreement Date: December 2, 2025
Subdivider Name: Lennar Homes of California, LLC
Subdivision Description: A request to construct 84 detached residential condominium dwelling units on 5.7 adjusted gross acres of land at a density of 11.9 dwelling units per acre in the Medium Density Residential (MDR) land use designation and 18.4 dwelling units per acre in the Community Core 16 (CC 16) land use designation of The Preserve Specific Plan located within Tract Map 16420-6, Block 11, Lots 2 & 3.

Location: Generally located south of Legacy Park Street, east of Main Street, and west of East Preserve Loop (APNs: 1057-181-20, and -43)
Tentative Map No.: 16420-6 Lots 2 & 3
Estimated Total Cost of Improvements: $888,855.49
Estimated Total Cost of Monumentation: $0 (based upon the plans, including individual lots, subdivision boundary and public improvements).

Security:

Lots 2 & 3 In-Tract Streets $143,660.21
Lots 2 & 3 In-Tract Wet Utilities $128,865.28
Lots 2 & 3 Public Water in Private Alleys $616,330.00
34 01225.0006/366470.2
Designees for the Service of Written Notice:

CITY: SUBDIVIDER:

Jesus Plasencia
Assistant City Engineer
13220 Central Avenue
Chino, CA 91710
(909) 334-3417
[email protected]
Lennar Homes of California, LLC
c/o Geoffrey Smith
Lennar Homes of California, LLC
4140 Temescal Canyon Rd., Suite 410
Corona, CA 92883
Office: (949) 278-6661
[email protected]

CITY PROJECT INSPECTOR
Isaac Ortega
Permit & Inspection Supervisor
13220 Central Avenue
Chino, CA 91710
(909) 334-3501
[email protected]
35 01225.0006/366470.2

TABLE OF CONTENTS

1. Construction Obligations

1.1 Works of Improvement

1.2 Other Obligations Referenced in Conditions of Tentative Map Approval

1.3 Intent of Plans

1.4 Survey Monuments

1.5 Performance of Work

1.6 Changes in the Work

1.7 Defective Work

1.8 No Warranty by City

1.9 Authority of the City Engineer

1.10 Documents Available at the Site

1.11 Inspection

1.12 Compliance with Law; Applicable Standards for Improvements

1.13 Suspension of Work

1.14 Erosion and Dust Control and Environmental Mitigation

1.15 Final Acceptance of Works of Improvement

1.16 Vesting of Ownership

1.17 Subdivider’s Obligation to Warn Public During Construction

1.18 Injury to Public Improvements, Public Property or Public Utility

2. Time for Performance

2.1 Commencement and Completion Dates

2.2 Phasing Requirements

2.3 Force Majeure

2.4 Continuous Work

2.5 Reversion to Acreage

3. Labor

3.1 Labor Standards

3.2 Nondiscrimination

3.3 Licensed Contractors

3.4 Workers’ Compensation

4. Security

4.1 Required Security

4.2 Form of Security Instruments

4.3 Subdivider’s Liability

4.4 Letters of Credit

4.5 Release of Security Instruments

5. Cost of Construction and Provision of Inspection Service

5.1 Subdivider Responsible for All Related Costs of Construction 36 01225.0006/366470.2

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

5.3 Payment of Development Impact Fees

6. Acceptance of Offers of Dedication

7. Warranty of Work

8. Default

8.1 Default by Subdivider

8.2 Remedies

8.3 Remedies Not Exclusive

8.4 Attorney’s Fees and Costs

8.5 Waiver

9. Indemnity/Hold Harmless

10. Subdivider’s Indemnity of Project Approval

11. Insurance Requirements

12. Environmental Warranty

13. General Provisions

13.1 Successors and Assigns

13.2 No Third-Party Beneficiaries

13.3 No Vesting Rights

13.4 Subdivider is Not Agent of City

13.5 Time 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
37 01225.0006/366470.2
1 SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (this “Agreement”) is entered into this 2nd day of December, 2025, 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 Lennar Homes of California LLC, (“SUBVIDER”).

RECITALS
A. Subdivider is the owner of, and has obtained approval of a subdivision map identified as Tentative Tract Map No. 16420-6 (Lots 2 & 3), (the “Map”), located in the City of Chino, County of San Bernardino, State of California (the “Property”), as described on Exhibit “A”. The Map requires Subdivider to comply with certain conditions of approval for the development of the Property (the “Conditions”) as described on Exhibit “B”.

B. Pursuant to the Conditions, Subdivider, by the Map, has offered for dedication to City for public use of the streets and easements shown on the Map. City desires to accept the streets and easements shown on the Map for public use, and certain other improvements described in this Agreement.

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

D. Subdivider’s agreement to construct and install the Works of Improvement pursuant to this Agreement and its offer of dedication of the streets, easements and other improvements and facilities, as shown on the Map, are a material consideration to City in approving Final Map No. 16420-6 (Lots 2 & 3) for the Property and permitting development of the Property to proceed.

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

1. Construction Obligations.

1.1. Works of Improvement. Subdivider agrees, at its sole cost and expense, to construct or install, or cause to be constructed or installed the street, drainage, domestic water, sanitary sewer, street lighting, landscaping, utility, and other improvements more fully described in Exhibit “B” attached hereto (the “Works of Improvement”), as the same may be supplemented and revised from time to time as set forth in this Agreement (said plans and 38 01225.0006/366470.2
2 specifications, together with all related documents, the “Plans”). The estimated construction cost for the Works of Improvement is $888,855.49.

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

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

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

1.4. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments as shown on Final Map No. 16420-6 (Lots 2 &3) in accordance with the provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City of Chino. Subdivider shall provide security for such obligation as provided in Section 4.1(a)(iii) and, after setting the monuments, Subdivider shall furnish the City Engineer written notice of the setting of said monuments and written proof of having paid the engineer or surveyor for the setting of said monuments.

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

1.6. Changes in the Work. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Paragraph 4, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer as determined necessary to accomplish the purposes of this Agreement and to protect the public health, safety, or welfare. The City Engineer shall notify Subdivider or its contractor in writing (by Correction Notice) at the time a determination has been made to require changes in the work. No field changes performed or proposed by Subdivider or its contractor shall be binding on City unless approved in writing by the City Engineer. The City and Subdivider may mutually 39 01225.0006/366470.2
3 agree upon changes to the Works of Improvement, subject to the security requirements in Section 4.

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

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

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

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

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

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

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

1.12. Compliance with Law; Applicable Standards for Improvements. In addition to the express provisions of this Agreement and the Plans, Subdivider shall cause construction of the Works of Improvement to be completed in accordance with all other applicable federal, state, and local laws, ordinances, rules and regulations. In addition, without limiting the foregoing, the Subdivider shall, at its expense, obtain and comply with the conditions of all necessary permits and licenses for the construction of the Works of Improvement. The Subdivider shall also give all necessary notices and pay all fees and taxes as required by law. 40 01225.0006/366470.2
4 Subdivider shall construct the improvements in accordance with the City standards in effect at the time of the adoption of the Approved Tentative Map. City reserves the right to protect the public safety or welfare or comply with applicable Federal or State law or City zoning ordinances.

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

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

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

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

No inspection or acceptance pertaining to specific parts of the Works of Improvement 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.
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5 1.16. Vesting of Ownership. Upon recordation of the Notice of Acceptance, ownership of the Works of Improvement shall vest in the City.

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

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

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

2. Time for Performance.

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

2.2. Phasing Requirements. Notwithstanding the provisions of Section 2.1, the City reserves the right to control and regulate the phasing of completion of specific Works of Improvement as required to comply with applicable City ordinances, regulations, and rules relating to the timely provision of public services and facilities. In addition to whatever other remedies the City may have for Subdivider’s failure to satisfy such phasing requirements, as 42 01225.0006/366470.2
6 the same now exist or may be amended from time to time, Subdivider acknowledges City’s right to withhold the issuance of further building permits on the Property until such phasing requirements are satisfied. Prior to issuance of building permits, Subdivider shall provide satisfactory evidence that all applicable requirements that are a condition to issuance of building permits have been satisfied. Such requirements may include the payment of fees, construction of improvements, or both. Final inspections or issuance of Certificates of Occupancy may be withheld from the Subdivider by the City, if, upon a determination by the City Engineer, completion of specific Works of Improvements or other requirements associated with the development of the Property have not been completed to the City Engineer’s satisfaction.

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

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

2.5. Reversion to Acreage. In addition to whatever other rights City may have due to Subdivider’s failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Section 66499.11 through Section 66499.20.1.

3. Labor.

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

3.2. Nondiscrimination. In accordance with the California Fair Employment and Housing Act (“FEHA”), California Government Code Section 12940 et seq., Subdivider agrees 43 01225.0006/366470.2
7 that Subdivider, its agents, employees, contractors, and subcontractor performing any of the Works of Improvement shall not discriminate, in any way, against any person on the basis of race, ethnicity, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Subdivider shall expressly require compliance with the provisions of this Section in all agreements with contractors and subcontractors for the performance of this Agreement.

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

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

4. Security.

4.1. Required Security.
(a) At the time Subdivider executes this Agreement, Subdivider shall furnish to City the following bonds, letters of credit, instruments of credit (assignment of deposit account) or other security acceptable to City in its sole and absolute discretion and satisfying the requirements of the applicable provisions of this Section 4 below (hereinafter “Security Instruments”):
(i) A Security Instrument securing Subdivider’s faithful performance of all of the Works of Improvement (“Faithful Performance Security Instrument”), in the amount of $888,855.49 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 $444,427.75 equal to 50% of the estimated construction cost referenced in Section 1.1.
(iii) A Security Instrument guaranteeing the payment of the cost of setting monuments as required in Section 1.4 in the amount of $0 equal to 100% of the cost thereof.
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8 This Agreement shall not be effective for any purpose until such Security Instruments are supplied to and approved by City in accordance herewith. (b) Required Security Instrument for Maintenance and Warranty. Prior to the City Council’s acceptance of the Works of Improvement and recordation of a Notice of Completion, Subdivider shall deliver a Security Instrument warranting the work accepted for a period of one (1) year following said acceptance (“Maintenance and Warranty Security Instrument”), in the amount of $1,623,613.00 equal to 10% of the estimated construction cost set forth in Section 1.1 or a suitable amount determined by the City Engineer.

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

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

4.4. Letters of Credit.
(a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit (expiring in not less than one (1) year, unless City agrees to a lesser term in City’s sole and absolute discretion) is not delivered not less than thirty (30) days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit delivered hereunder, issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit. (b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Subdivider. If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as 46 01225.0006/366470.2
10 provided in the foregoing. Subdivider agrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City’s security interest in such account.

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

5. Cost of Construction and Provision of Inspection Service.

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

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

Subdivider shall compensate City for all of City’s costs reasonably incurred in having its 47 01225.0006/366470.2
11 authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Subdivider shall compensate City for all design, plan check, evaluating any proposed or agreed-upon changes in the work. The procedures for deposit and payment of such fees shall be as established by the City. In no event shall Subdivider be entitled to additional inspections or a final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections.

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

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

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

8. Default.

8.1. Default by Subdivider. Default by Subdivider shall include, but not be limited to:
(a) Subdivider’s failure to timely commence construction of Works of Improvement under this Agreement;
(b) Subdivider’s failure to timely complete construction of the Works of Improvement;
(c) Subdivider’s failure to perform substantial construction work for a period for 20 consecutive calendar days after commencement of the work; 48 01225.0006/366470.2
12 (d) Subdivider’s insolvency, appointment of a receiver, or the filing of any petition in bankruptcy, either voluntary or involuntary, which Subdivider fails to discharge within 30 days;
(e) The commencement of a foreclosure action against the subdivision or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or (f) Subdivider’s failure to perform any other obligation under this Agreement.

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

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

8.4. Attorney’s Fees and Costs. In the event that Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney’s fees. In the event of any dispute arising out of Subdivider’s performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney’s fees and costs. Such attorney’s fees and cost shall include fees and costs on any appeal, and in addition a party entitled to attorney’s fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have 49 01225.0006/366470.2
13 accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment.

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

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

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

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

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

11. Insurance Requirements. Subdivider, at Subdivider’s sole cost and expense and for the full term of this Agreement and any extensions thereto, shall obtain and maintain all of the following minimum insurance requirements in a form approved by the City’s authorized designee for Risk Management prior to commencing any work:
(a) Commercial General Liability policy with a minimum $1 million combined single limit for bodily injury and property damage providing all of the following minimum coverage without deductibles:
(i) Premises operations; including X, C, and U coverage; (ii) Owners’ and contractors’ protection;
(iii) Blanket contractual;
(iv) Completed operations; and
(v) Products.
(b) Commercial Business Auto policy with a minimum $1 million combined single limit for bodily injury and property damage, providing all of the following minimum coverage without deductibles:
(i) Coverage shall apply to any and all leased, owned, hired, or nonowned vehicles used in pursuit of any of the activities associated with this Agreement; and
(ii) Any and all mobile equipment including cranes which are not covered under the above Commercial Business Auto policy shall have said coverage provided under the Commercial General Liability policy. (c) Workers Compensation and Employers’ Liability policy in accordance with the laws of the State of California and providing coverage for any and all employees of the Subdivider:
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15 (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, Subdivider by executing this Agreement certifies: “I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract.”
(iii) Prior to commencement of work, the Subdivider shall file with the City’s Risk Manager a Certificate of Insurance or certification of permission to self-insure workers’ compensation conforming to the requirements of the Labor Code.
(d) Endorsements. All of the following endorsements are required to be made a part of each of the above-required policies as stipulated below:
(i) “The City of Chino, its officers, employees and agents are hereby added as additional insureds.”
(ii) “This policy shall be considered primary insurance with respect to any other valid and collectible insurance the City may possess, 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.
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16 (e) Admitted Insurers. All insurance companies providing insurance to the Subdivider under this Agreement shall be admitted to transact the business of insurance by the California Insurance Commissioner.
(f) Proof of Coverage. Copies of all required endorsements shall be attached to the Certificate of Insurance which shall be provided by the Subdivider’s insurance company as evidence of the coverage required herein and shall be mailed to:

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

12. Environmental Warranty.

12.1. Prior to the acceptance of any dedications or Works of Improvement by City, Subdivider shall provide City with a written warranty in a form substantially similar to Exhibit “C” attached hereto and incorporated herein by reference, that:
(a) Neither the property to be dedicated nor Subdivider are in violation of any environmental law, and neither the property to be dedicated nor the Subdivider are subject to any existing, pending or threatened investigation by any federal, state or local governmental authority under or in connection with the environmental laws relating to the property to be dedicated. (b) Neither Subdivider nor any other person with Subdivider’s permission to be upon the property to be dedicated shall use, generate, manufacture, produce, or release, on, under, or about the property to be dedicated, any Hazardous Substance except in compliance with all applicable environmental laws. For the purposes of this Agreement, the term “Hazardous Substances” shall mean any substance or material which is capable of posing a risk of injury to health, safety or property, including all those materials and substances designated as hazardous or toxic by any federal, state or local law, ordinance, rule, regulation or policy, including but not limited to, all of those materials and substances defined as “Toxic Materials” in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30, as the same shall be amended from time to time, or any other materials requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies. (c) Subdivider has not caused or permitted the release of and has no knowledge of the release or presence of any Hazardous Substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. (d) Subdivider’s prior and present use of the property to be dedicated has not resulted in the release of any hazardous substance on the property to be dedicated.
53 01225.0006/366470.2
17 12.2. Subdivider shall give prompt written notice to City of:
(a) Any proceeding or investigation by any federal, state or local governmental (b) authority with respect to the presence of any hazardous substance on the property to be dedicated or the migration thereof from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. (c) Any claims made or threatened by any third party against City or the property to be dedicated relating to any loss or injury resulting from any hazardous substance; and
(d) Subdivider’s discovery of any occurrence or condition on any property adjoining or in the vicinity of the property to be dedicated that could cause the property to be dedicated or any part thereof to be subject to any restrictions on its ownership, occupancy, use for the purpose for which it is intended, transferability or suit under any environmental law.

13. General Provisions.

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

13.2. No Third-Party Beneficiaries. This Agreement is intended to benefit only the parties hereto and their respective successors and assigns. Neither City nor Subdivider intend to create any third-party beneficiary rights in this Agreement in any contractor, subcontractor, member of the general public, or other person or entity. 54 01225.0006/366470.2
18 13.3. No Vesting Rights. Performance by the Subdivider of this Agreement shall not be construed to vest Subdivider’s rights with respect to any change in any zoning or building law or ordinance.

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

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

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

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

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

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

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

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

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

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

13.12. Entire Agreement; Waivers and Amendments. This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to all or part of the subject matter hereof, except as may be expressly provided herein. All waivers of the provisions of this Agreement must be in writing and signed by an authorized representative of the party to be charged, and all amendments hereto must be in writing and signed by the appropriate representatives of both parties.
55 01225.0006/366470.2
19 13.13. Counterparts. This Agreement may be executed in one or more counterparts, all of which taken together shall be deemed one original.

14. Authority. The persons executing this Agreement on behalf of the parties warrant the (I) party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into of this Agreement does not violate any provisions of any other agreement to which said party is bound. [SIGNATURES ON NEXT PAGE]
56 01225.0006/366470.2
20 IN WITNESS WHEREOF, the City and the Subdivider have caused this Agreement to be executed the day and year first above written.

APPROVED AS TO FORM: APPROVED AS TO CONTENT:
___________________________ _____________________________ Fred Galante, City Attorney Hye Jin Lee, P.E.

Director of Public Works

LENNAR HOMES OF CALIFORNIA, LLC,
By: __________________________
Its: Authorized Agent
Geoffrey Smith

CITY OF CHINO
Dr. Linda Reich, City Manager
Date:

ATTEST:

By
Natalie Gonzaga, City Clerk
Dated: ___________________________
57 01225.0006/366470.2
58 01225.0006/366470.2 A-1
EXHIBIT “A”
[attached]
59 60
01225.0006/366470.2 B-1
EXHIBIT “B”
TENTATIVE TRACT MAP 16420-6 (LOTS 2 &3) WORKS OF IMPROVEMENT A. Removal of undesirable, dangerous and dead plant materials and roots.

B. All onsite and offsite grading as specified on the approved grading plan.

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

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

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

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

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

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

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

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

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

L. Street signs at intersections per the City Standards.

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

N. Setting monuments as required by the State Code.

The Subdivider shall also perform all work and furnish all materials necessary, in the opinion of the Director of 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. 61 RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-6
LOCATION : East Preserve Loop at Main Street
By: TS
DATE: January 9, 2025
Quantity Unit Item Unit Total Cost
Price Per Item

STREETS
EA Tree Removal $ 800.00 $ -
17 CY Concrete Removal $ 325.00 $ 5,525.00
131 CY AC Pavement Removal $ 100.00 $ 13,100.00
CY Imported Common Fill (Incl. Compaction) $ 34.00 $ -
SF Preparation of Subgrade, Sidewalk and Paving $ 1.00 $ - 3513 LF PCC 8" Curb & 24" Gutter on 6" AB $ 26.00 $ 91,338.00 4182 LF PCC 6" Curb & 24" Gutter on 6" AB $ 24.00 $ 100,368.00 4391 LF PCC Curb Only $ 20.00 $ 87,820.00
LF 8" A.C. Berm $ 20.00 $ -
240 SF 8" PCC Cross Gutter on 6" AB $ 16.00 $ 3,840.00
66375 SF 4" PCC Sidewalk $ 5.80 $ 384,975.00
1021 SF 6" PCC Thick Pavement on 6" AB $ 12.50 $ 12,762.50 SF 8" PCC Thick Drive Approach on 6" AB $ 15.00 $ -
LF 2" x 6" Redwood Header $ 7.50 $ -
EA Street Sign and Post $ 475.00 $ -
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 $ -
TON AC Variable - <300T $ 130.00 $ -
TON 4,399 AC Variable - >300T $ 120.00 $ 527,880.00
TON CAB Variable - <300T $ 100.00 $ -
TON 5,005 CAB Variable - >300T $ 90.00 $ 450,450.00
EngCostEstimate Page 1 of 10 Effective Date: January 1, 2021 62 RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-6
LOCATION : East Preserve Loop at Main Street
By: TS
DATE: January 9, 2025
Quantity Unit Item Unit Total Cost
Price Per Item

STREETS
24 EA Adjust Sewer Manhole to Grade $ 950.00 $ 22,800.00 EA Adjust Sewer Cleanout to Grade $ 500.00 $ -
42 EA Adjust Water Valve and Can to Grade $ 525.00 $ 22,050.00 26 EA Street Light $ 7,700.00 $ 200,200.00
1 EA Electrical Pedestal $ 6,500.00 $ 6,500.00
EA Lot Monument Setting Fee $ 550.00 $ -
LF Sawcut A.C. $ 3.00 $ -
LF Sawcut Concrete $ 3.00 $ -
SF Cold Plane A.C. 2" Thick $ 0.28 $ -
Signing & Striping for
LF Arterial $ 19.00 $ -
3225 LF Collector $ 13.00 $ 41,925.00
LF Local $ 7.00 $ -
EA Traffic Signal (8 - Phase Controller) $ 350,000.00 $ - EA Modify existing Traffic Signal per Quadrant $ 75,000.00 $ - LF Chain Link Fence
4 foot Residential Grade (Add $7.00/LF for Removal
of Existing Fence) $ - 25.00 $
6 foot School fence (Add $9.00/LF for Removal of
Existing Fence) $ - 35.00 $
EA Utility Poles
Transmission $ 11,500.00 $ -
Distribution $ 8,000.00 $ -
Service $ 3,000.00 $ -
EngCostEstimate Page 2 of 10 Effective Date: January 1, 2021 63 RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-6
LOCATION : East Preserve Loop at Main Street
By: TS
DATE: January 9, 2025
Quantity Unit Item Unit Total Cost
Price Per Item

STREETS
SF
Landscape (Including shrubs, Hardscape, Irrigation,
Ground Cover, Lighting, Installation Labor and Connection to Existing Systems) $ - 15.00 $
LF
14 foot Median with Landscape, Irrigation, Lighting,
Hardscape, Curb, Gutter & Pavement $ - 300.00 $
Rail Road Crossing
LS
Safety Equipment (Complete Including Crossing
Gates, Signs, and Lights) $ - 500,000.00 $
SF Track Crossing (Concrete) $ 175.00 $ -
SF Approach $ 4.00 $ -
36 EA S.W. Ramps (A.D.A. Compliant) $ 4,000.00 $ 144,000.00 EA Traffic Signal Loops $ 600.00 $ -
SF 691 4" to 6" Fresno River Cobble Pavement $ 10.00 $ 6,910.00 LF 148 Metal Beam Guard Rail $ 70.00 $ 10,360.00

STREETS
STREET SUBTOTAL 2,132,803.50 $
LS Mobilzation (5% of Construction Cost) 5% 106,640.18 $ LS Traffic Control (5% of Construction Cost) 5% $ 106,640.18 LS Clear & Grub Site (5% of Construction Cost) 5% $ 106,640.18 LS Excavation (Clean Material) (5% of Construction Cost) 5% 106,640.18 $ GRAND TOTAL STREETS ONLY $ 2,559,364.20
EngCostEstimate Page 3 of 10 Effective Date: January 1, 2021 64 RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-6
LOCATION : East Preserve Loop at Main Street
By: TS
DATE: January 9, 2025
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 $ -
LF
6" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration $ - 80.00 $
275 LF
8" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration. $ 27,500.00 100.00 $ 3101 LF
12" Pipe & Fittings Installed, including excavation,
bedding, backfill and pavement restoration $ 418,635.00 135.00 $ LF
18" Pipe & Fittings Installed, including excavation,
bedding, backfill and pavement restoration $ - 175.00 $ LF Removal, Disposal of ACP and Backfill $ 150.00 $ -
EA 6" Gate Valve $ 2,000.00 $ -
5 EA 8" Gate Valve $ 2,600.00 $ 13,000.00
11 EA 12" Gate Valve $ 4,500.00 $ 49,500.00
EA 18" Gate Valve $ 7,500.00 $ -
6 EA Fire Hydrant Assembly per City Std. $ 7,500.00 $ 45,000.00 7 EA Blow-off Assembly 4" per City Std. $ 8,600.00 $ 60,200.00 EA 2" Air Relief Assembly $ 4,500.00 $ -
EA 1" Water Service/Meter $ 3,500.00 $ -
EA 2" Water Service/Meter $ 4,500.00 $ -
WATER
WATER SUBTOTAL $ 613,835.00
LS Mobilzation (5% of Construction Cost) 5% $ 30,691.75 LS Traffic Control (5% of Construction Cost) 5% 30,691.75 $ GRAND TOTAL WATER ONLY $ 675,218.50
EngCostEstimate Page 4 of 10 Effective Date: January 1, 2021 65 RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-6
LOCATION : East Preserve Loop at Main Street
By: TS
DATE: January 9, 2025
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 $ -
LF
6" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration $ - 80.00 $
3182 LF
8" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration. $ 318,200.00 100.00 $ LF
12" Pipe & Fittings Installed, including excavation,
bedding, backfill and pavement restoration $ - 135.00 $ LF
18" Pipe & Fittings Installed, including excavation,
bedding, backfill and pavement restoration $ - 175.00 $ EA 6" Gate Valve $ 2,000.00 $ -
10 EA 8" Gate Valve $ 2,600.00 $ 26,000.00
EA 12" Gate Valve $ 4,500.00 $ -
EA 18" Gate Valve $ 7,500.00 $ -
EA Fire Hydrant Assembly per City Std. $ 7,500.00 $ -
4 EA Blow-off Assembly 5" per City Std. $ 8,600.00 $ 34,400.00 1 EA 2" Air Relief Assembly $ 4,500.00 $ 4,500.00
EA 1" Water Service/Meter $ 3,500.00 $ -
EA 2" Water Service/Meter $ 4,500.00 $ -

RECYCLED WATER
RECYCLED WATER SUBTOTAL $ 383,100.00
LS Mobilzation (5% of Construction Cost) 5% $ 19,155.00 LS Traffic Control (5% of Construction Cost) 5% 19,155.00 $ GRAND TOTAL RECYCLED WATER ONLY $ 421,410.00
EngCostEstimate Page 5 of 10 Effective Date: January 1, 2021 66 RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-6
LOCATION : East Preserve Loop at Main Street
By: TS
DATE: January 9, 2025
Quantity Unit Item Unit Total Cost
Price Per Item
SEWER
LF Trench Support/Shoring $ 15.00 $ -
LF
4" V.C.P Installed, including excavation, bedding, backfill and pavement restoration $75.00 - $
LF
8" V.C.P Installed, including excavation, bedding, backfill and pavement restoration $93.00 - $
LF
10" V.C.P. Installed, including excavation, bedding,
backfill and pavement restoration $103.00 - $
LF
12" V.C.P. Installed, including excavation, bedding,
backfill and pavement restoration $123.00 - $
LF
15" V.C.P. Installed, including excavation, bedding,
backfill and pavement restoration $143.00 - $
LF
18" V.C.P. Installed, including excavation, bedding,
backfill and pavement restoration $163.00 - $
LF
21" V.C.P. Installed, including excavation, bedding,
backfill and pavement restoration $193.00 - $
LF
24" V.C.P. Installed, including excavation, bedding,
backfill and pavement restoration $208.00 - $
EA Sewer Saddle $450.00 $ -
EA Wyes 4" x 8" Typical $225.00 $ -
EA 48" Sewer Manhole $4,700.00 $ -
EA 60" Sewer Manhole $7,500.00 $ -
EA Sewer Cleanout $1,800.00 $ -
SEWER
SEWER SUBTOTAL $ -
LS Mobilization (5% of Construction Cost) 5% $ -
LS Traffic Control (5% of Construction Cost) 5% - $
GRAND TOTAL SEWER ONLY $ -
EngCostEstimate Page 6 of 10 Effective Date: January 1, 2021 67 RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-6
LOCATION : East Preserve Loop at Main Street
By: TS
DATE: January 9, 2025
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 $ -
17 EA Storm Drain Manhole #1 $ 10,000.00 $ 170,000.00
EA Junction Structure #2 (24" or larger) $ 8,850.00 $ - 4 EA Junction Structure #4 (24" or smaller) $ 4,000.00 $ 16,000.00 EA Outlet Structure $ 7,000.00 $ -
22 EA Catch Basin 3.5' Width $ 7,200.00 $ 158,400.00
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 $ -
LF
18 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ - 200.00 $
2002 LF
24 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 480,480.00 240.00 $ LF
27 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ - 260.00 $
LF
30 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ - 280.00 $
LF
33 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ - 295.00 $
LF
36 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ - 310.00 $
LF
39 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ - 320.00 $
1589 LF
42 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 524,370.00 330.00 $ LF
45 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ - 360.00 $
169 LF
48 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 65,065.00 385.00 $
LF
54 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ - 440.00 $
LF
60 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ - 500.00 $
EngCostEstimate Page 7 of 10 Effective Date: January 1, 2021 68 RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-6
LOCATION : East Preserve Loop at Main Street
By: TS
DATE: January 9, 2025
Quantity Unit Item Unit Total Cost
Price Per Item

STORM DRAIN
LF
66 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ - 560.00 $
LF
72 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ - 625.00 $
LF
78 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ - 690.00 $
LF
84 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ - 765.00 $
LF
90 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ - 830.00 $
LF
96 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ - 920.00 $
LF
102 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ - 1,000.00 $
LF
108 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ - 1,075.00 $
LF
7' x 6' RCB Installed, including excavation, bedding,
backfill and pavement restoration $ - 700.00 $
LF
7' x 8.5' RCB Installed, including excavation, bedding, backfill and pavement restoration $ - 820.00 $
LF
7' x 9.5' RCB Installed, including excavation, bedding, backfill and pavement restoration $ - 870.00 $
LF
8' x 11' RCB Installed, including excavation, bedding,
backfill and pavement restoration $ - 1,000.00 $
LF
8' x 13' RCB Installed, including excavation, bedding,
backfill and pavement restoration $ - 1,100.00 $
LF
9' x 9' RCB Installed, including excavation, bedding,
backfill and pavement restoration $ - 1,000.00 $
2 EA 24" CMP Riser $ 1,250.00 $ 2,500.00
77 LF 24" CSP Pipe $ 200.00 $ 15,400.00
3 EA PIPE END CAPS $ 200.00 $ 600.00
42 LF 8" HDPE N12 DRAIN PIPE $ 50.00 $ 2,100.00

STORM DRAIN
STORM DRAIN SUBTOTAL $ 1,434,915.00
LS Mobilization (5% of Construction Cost) 5% 71,745.75 $ LS Traffic Control (5% of Construction Cost) 5% 71,745.75 $ GRAND TOTAL STORM DRAIN ONLY $ 1,578,406.50
EngCostEstimate Page 8 of 10 Effective Date: January 1, 2021 69 RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-6
LOCATION : East Preserve Loop at Main Street
By: TS
DATE: January 9, 2025
Quantity Unit Item Unit Total Cost
Price Per Item
DIRECT COSTS GRAND TOTAL STREETS ONLY 2,559,364.20 $
GRAND TOTAL WATER ONLY $ 675,218.50
GRAND TOTAL RECYCLED WATER ONLY $ 421,410.00
GRAND TOTAL SEWER ONLY $ -
GRAND TOTAL STORM DRAIN ONLY $ 1,578,406.50

GRAND TOTAL (FOR PLAN CHECK & INSPECTION FEE
DETERMINATION) $ 5,234,399.20
PROJECT ADDITIVES Project Contingencies 10% $ 523,439.92 Construction Staking 3% $ 157,031.98
Soils Testing 1% $ 52,343.99
Material Testing 1% $ 52,343.99
Construction Inspection 4.8% $ 251,251.16
Contract Administration 1% $ 52,343.99
GRAND TOTAL (FOR BOND AMOUNTS) $ 6,323,154.23
Faithful Performance Bond (100% of Construction Cost)
Labor & Material Bond (50% of Construction Cost)
Warranty Bond (10% of Construction Cost)
EngCostEstimate Page 9 of 10 Effective Date: January 1, 2021 70 RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-6
LOCATION : East Preserve Loop at Main Street
By: TS
DATE: January 9, 2025
Quantity Unit Item Unit Total Cost
Price Per Item
C. Berard
45183

BY ENGINEER
Prepared By:

R.C.E. Number:

Expiration:

Place R.C.E. Stamp and Signature Here (required)

BY CITY
$ 6,323,200.00
$ 3,161,600.00
$ 632,300.00
Faithful Performance Bond (100% of Construction Cost)
Labor & Material Bond (50% of Construction Cost)
Warranty Bond (10% of Construction Cost)
EngCostEstimate Page 10 of 10 Effective Date: January 1, 2021 71 RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-6
LOCATION : East Preserve Loop at Main Street
By: TS
DATE: January 9, 2025
Quantity Unit Item Unit Total Cost
Price Per Item

STREETS
EA Tree Removal $ 800.00 $ -
CY Concrete Removal $ 325.00 $ -
CY AC Pavement Removal $ 100.00 $ -
CY Imported Common Fill (Incl. Compaction) $ 34.00 $ -
SF Preparation of Subgrade, Sidewalk and Paving $ 1.00 $ - LF PCC 8" Curb & 24" Gutter on 6" AB $ 26.00 $ -
LF PCC 6" Curb & 24" Gutter on 6" AB $ 24.00 $ -
LF PCC Curb Only $ 20.00 $ -
LF 8" A.C. Berm $ 20.00 $ -
SF 8" PCC Cross Gutter on 6" AB $ 16.00 $ -
66375 SF 4" PCC Sidewalk $ 5.80 $ 384,975.00
SF 6" PCC Thick Pavement on 6" AB $ 12.50 $ -
SF 8" PCC Thick Drive Approach on 6" AB $ 15.00 $ -
LF 2" x 6" Redwood Header $ 7.50 $ -
EA Street Sign and Post $ 475.00 $ -
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 $ -
TON AC Variable - <300T $ 130.00 $ -
TON AC Variable - >300T $ 120.00 $ -
TON CAB Variable - <300T $ 100.00 $ -
TON CAB Variable - >300T $ 90.00 $ -
EngCostEstimate Page 1 of 10 Effective Date: January 1, 2021 72 RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-6
LOCATION : East Preserve Loop at Main Street
By: TS
DATE: January 9, 2025
Quantity Unit Item Unit Total Cost
Price Per Item

STREETS
24 EA Adjust Sewer Manhole to Grade $ 950.00 $ 22,800.00 EA Adjust Sewer Cleanout to Grade $ 500.00 $ -
42 EA Adjust Water Valve and Can to Grade $ 525.00 $ 22,050.00 26 EA Street Light (Install only. SLs are purchased) $ 3,000.00 $ 78,000.00 EA Electrical Pedestal $ 6,500.00 $ -
EA Lot Monument Setting Fee $ 550.00 $ -
LF Sawcut A.C. $ 3.00 $ -
LF Sawcut Concrete $ 3.00 $ -
SF Cold Plane A.C. 2" Thick $ 0.28 $ -
Signing & Striping for
LF Arterial $ 19.00 $ -
3225 LF Collector $ 13.00 $ 41,925.00
LF Local $ 7.00 $ -
EA Traffic Signal (8 - Phase Controller) $ 350,000.00 $ - EA Modify existing Traffic Signal per Quadrant $ 75,000.00 $ - LF Chain Link Fence
4 foot Residential Grade (Add $7.00/LF for Removal
of Existing Fence) $ - 25.00 $
6 foot School fence (Add $9.00/LF for Removal of
Existing Fence) $ - 35.00 $
EA Utility Poles
Transmission $ 11,500.00 $ -
Distribution $ 8,000.00 $ -
Service $ 3,000.00 $ -
EngCostEstimate Page 2 of 10 Effective Date: January 1, 2021 73 RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-6
LOCATION : East Preserve Loop at Main Street
By: TS
DATE: January 9, 2025
Quantity Unit Item Unit Total Cost
Price Per Item

STREETS
STREET SUBTOTAL 716,020.00 $
LS Mobilzation (5% of Construction Cost) 5% - $
LS Traffic Control (5% of Construction Cost) 5% $ -
LS Clear & Grub Site (5% of Construction Cost) 5% $ -
LS Excavation (Clean Material) (5% of Construction Cost) 5% - $ GRAND TOTAL STREETS ONLY $ 716,020.00
EngCostEstimate Page 3 of 10 Effective Date: January 1, 2021 74 RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-6
LOCATION : East Preserve Loop at Main Street
By: TS
DATE: January 9, 2025
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 $ -
LF
6" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration $ - 80.00 $
LF
8" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration. $ - 100.00 $
LF
12" Pipe & Fittings Installed, including excavation,
bedding, backfill and pavement restoration $ - 135.00 $ LF
18" Pipe & Fittings Installed, including excavation,
bedding, backfill and pavement restoration $ - 175.00 $ LF Removal, Disposal of ACP and Backfill $ 150.00 $ -
EA 6" Gate Valve $ 2,000.00 $ -
EA 8" Gate Valve $ 2,600.00 $ -
EA 12" Gate Valve $ 4,500.00 $ -
EA 18" Gate Valve $ 7,500.00 $ -
EA Fire Hydrant Assembly per City Std. $ 7,500.00 $ -
EA Blow-off Assembly 4" per City Std. $ 8,600.00 $ -
EA 2" Air Relief Assembly $ 4,500.00 $ -
EA 1" Water Service/Meter $ 3,500.00 $ -
EA 2" Water Service/Meter $ 4,500.00 $ -
1 EA Final Punchlist Work $ 25,000.00 $ 25,000.00
WATER
WATER SUBTOTAL $ 25,000.00
LS Mobilzation (5% of Construction Cost) 0% $ -
LS Traffic Control (5% of Construction Cost) 0% - $
GRAND TOTAL WATER ONLY $ 25,000.00
EngCostEstimate Page 4 of 10 Effective Date: January 1, 2021 75 RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-6
LOCATION : East Preserve Loop at Main Street
By: TS
DATE: January 9, 2025
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 $ -
LF
6" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration $ - 80.00 $
LF
8" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration. $ - 100.00 $
LF
12" Pipe & Fittings Installed, including excavation,
bedding, backfill and pavement restoration $ - 135.00 $ LF
18" Pipe & Fittings Installed, including excavation,
bedding, backfill and pavement restoration $ - 175.00 $ EA 6" Gate Valve $ 2,000.00 $ -
EA 8" Gate Valve $ 2,600.00 $ -
EA 12" Gate Valve $ 4,500.00 $ -
EA 18" Gate Valve $ 7,500.00 $ -
EA Fire Hydrant Assembly per City Std. $ 7,500.00 $ -
EA Blow-off Assembly 5" per City Std. $ 8,600.00 $ -
EA 2" Air Relief Assembly $ 4,500.00 $ -
EA 1" Water Service/Meter $ 3,500.00 $ -
EA 2" Water Service/Meter $ 4,500.00 $ -
1 EA Final Punchlist Work $ 25,000.00 $ 25,000.00

RECYCLED WATER
RECYCLED WATER SUBTOTAL $ 25,000.00
LS Mobilzation (5% of Construction Cost) 0% $ -
LS Traffic Control (5% of Construction Cost) 0% - $
GRAND TOTAL RECYCLED WATER ONLY $ 25,000.00
EngCostEstimate Page 5 of 10 Effective Date: January 1, 2021 76 RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-6
LOCATION : East Preserve Loop at Main Street
By: TS
DATE: January 9, 2025
Quantity Unit Item Unit Total Cost
Price Per Item
SEWER
LF Trench Support/Shoring $ 15.00 $ -
LF
4" V.C.P Installed, including excavation, bedding, backfill and pavement restoration $75.00 - $
LF
8" V.C.P Installed, including excavation, bedding, backfill and pavement restoration $93.00 - $
LF
10" V.C.P. Installed, including excavation, bedding,
backfill and pavement restoration $103.00 - $
LF
12" V.C.P. Installed, including excavation, bedding,
backfill and pavement restoration $123.00 - $
LF
15" V.C.P. Installed, including excavation, bedding,
backfill and pavement restoration $143.00 - $
LF
18" V.C.P. Installed, including excavation, bedding,
backfill and pavement restoration $163.00 - $
LF
21" V.C.P. Installed, including excavation, bedding,
backfill and pavement restoration $193.00 - $
LF
24" V.C.P. Installed, including excavation, bedding,
backfill and pavement restoration $208.00 - $
EA Sewer Saddle $450.00 $ -
EA Wyes 4" x 8" Typical $225.00 $ -
EA 48" Sewer Manhole $4,700.00 $ -
EA 60" Sewer Manhole $7,500.00 $ -
EA Sewer Cleanout $1,800.00 $ -
1 EA Final Punchlist Work $ 25,000.00 $ 25,000.00
SEWER
SEWER SUBTOTAL $ 25,000.00
LS Mobilization (5% of Construction Cost) 0% $ -
LS Traffic Control (5% of Construction Cost) 0% - $
GRAND TOTAL SEWER ONLY $ 25,000.00
EngCostEstimate Page 6 of 10 Effective Date: January 1, 2021 77 RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-6
LOCATION : East Preserve Loop at Main Street
By: TS
DATE: January 9, 2025
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 $ - EA Junction Structure #4 (24" or smaller) $ 4,000.00 $ - EA Outlet Structure $ 7,000.00 $ -
EA Catch Basin 3.5' Width $ 7,200.00 $ -
EA Catch Basin 7' Width/L.D. $ 7,900.00 $ -
EA Catch Basin 10' Width/L.D. $ 9,950.00 $ -
EA Catch Basin 14' Width/L.D. $ 11,000.00 $ -
EA Catch Basin 21' Width/L.D. $ 13,000.00 $ -
LF
18 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ - 200.00 $
LF
24 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ - 240.00 $
LF
27 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ - 260.00 $
LF
30 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ - 280.00 $
LF
33 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ - 295.00 $
LF
36 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ - 310.00 $
LF
39 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ - 320.00 $
LF
42 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ - 330.00 $
LF
45 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ - 360.00 $
LF
48 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ - 385.00 $
LF
54 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ - 440.00 $
LF
60 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ - 500.00 $
EngCostEstimate Page 7 of 10 Effective Date: January 1, 2021 78 RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-6
LOCATION : East Preserve Loop at Main Street
By: TS
DATE: January 9, 2025
Quantity Unit Item Unit Total Cost
Price Per Item

STORM DRAIN
LF
66 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ - 560.00 $
LF
72 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ - 625.00 $
LF
78 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ - 690.00 $
LF
84 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ - 765.00 $
LF
90 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ - 830.00 $
LF
96 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ - 920.00 $
LF
102 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ - 1,000.00 $
LF
108 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ - 1,075.00 $
LF
7' x 6' RCB Installed, including excavation, bedding,
backfill and pavement restoration $ - 700.00 $
LF
7' x 8.5' RCB Installed, including excavation, bedding, backfill and pavement restoration $ - 820.00 $
LF
7' x 9.5' RCB Installed, including excavation, bedding, backfill and pavement restoration $ - 870.00 $
LF
8' x 11' RCB Installed, including excavation, bedding,
backfill and pavement restoration $ - 1,000.00 $
LF
8' x 13' RCB Installed, including excavation, bedding,
backfill and pavement restoration $ - 1,100.00 $
LF
9' x 9' RCB Installed, including excavation, bedding,
backfill and pavement restoration $ - 1,000.00 $
EA 24" CMP Riser $ 1,250.00 $ -
LF 24" CSP Pipe $ 200.00 $ -
EA PIPE END CAPS $ 200.00 $ -
LF 8" HDPE N12 DRAIN PIPE $ 50.00 $ -
1 EA Final Punchlist Work $ 25,000.00 $ 25,000.00

STORM DRAIN
STORM DRAIN SUBTOTAL $ 25,000.00
LS Mobilization (5% of Construction Cost) 0% - $
LS Traffic Control (5% of Construction Cost) 0% - $
GRAND TOTAL STORM DRAIN ONLY $ 25,000.00
EngCostEstimate Page 8 of 10 Effective Date: January 1, 2021 79 RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-6
LOCATION : East Preserve Loop at Main Street
By: TS
DATE: January 9, 2025
Quantity Unit Item Unit Total Cost
Price Per Item
DIRECT COSTS GRAND TOTAL STREETS ONLY 716,020.00 $
GRAND TOTAL WATER ONLY $ 25,000.00
GRAND TOTAL RECYCLED WATER ONLY $ 25,000.00
GRAND TOTAL SEWER ONLY $ 25,000.00
GRAND TOTAL STORM DRAIN ONLY $ 25,000.00

GRAND TOTAL (FOR PLAN CHECK & INSPECTION FEE
DETERMINATION) $ 816,020.00
PROJECT ADDITIVES Project Contingencies 10% $ 81,602.00 Construction Staking 3% $ 24,480.60
Soils Testing 1% $ 8,160.20
Material Testing 1% $ 8,160.20
Construction Inspection 4.8% $ 39,168.96
Contract Administration 1% $ 8,160.20
GRAND TOTAL (FOR BOND AMOUNTS) $ 985,752.16
Faithful Performance Bond (100% of Construction Cost) $ 0.24 Labor & Material Bond (50% of Construction Cost)
Warranty Bond (10% of Construction Cost)
EngCostEstimate Page 9 of 10 Effective Date: January 1, 2021 80 RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-6
LOCATION : East Preserve Loop at Main Street
By: TS
DATE: January 9, 2025
Quantity Unit Item Unit Total Cost
Price Per Item
C. Berard
45183

BY ENGINEER
Prepared By:

R.C.E. Number:

Expiration:

Place R.C.E. Stamp and Signature Here (required)

BY CITY
$ 985,800.00
$ 492,900.00
$ 98,600.00
Faithful Performance Bond (100% of Construction Cost)
Labor & Material Bond (50% of Construction Cost)
Warranty Bond (10% of Construction Cost)
EngCostEstimate Page 10 of 10 Effective Date: January 1, 2021 81 82
Block 11
Backbone Street
Bond
Block 11 Sewer,
SD,Water,RW
Bond
Block 11
Backbone
Street Bond
(Reduction)
Block 11 Sewer,
SD,Water,RW
Bond
(Reduction) Street Bond Wets Bond
Street Bond
(Reduced)
Wets Bond
(Reduced) Street Bond Wets Bond
Street Bond
(Reduced)
Wets Bond
(Reduced) - Street Bond Wets Bond
Street Bond
(Reduced)
Wets Bond
(Reduced) Street Bond Wets Bond
Street Bond
(Reduced)
Wets Bond
(Reduced) -
Faithful Performance
Bond (100% of
Construction Cost) $ 3,103,741.72 $ 3,219,412.52 $ 748,020.00 24.10% $ 643,882.50 20.00% $ 524,114.18 $ 644,326.42 $ 143,660.21 27.41% $ 128,865.28 20.00% $ 1,823,954.24 $ 2,364,010.78 $ 545,587.05 29.91% $ 472,802.16 $ 109,117.41 $ 727,098.06 $ 1,023,881.48 $ 186,670.00 25.67% $ 204,776.30 20.00% $ 1,007,104.00 $ 1,182,212.06 $ 285,209.40 28.32% $ 236,442.41 $ 57,041.88 Labor & Material Bond
(50% of Construction
Cost) $ 1,551,870.86 $ 1,609,706.26 $ 374,010.00 24.10% $ 321,941.25 20.00% $ 262,057.09 $ 322,163.21 $ 71,830.11 27.41% $ 64,432.64 20.00% $ 911,977.12 $ 1,182,005.39 $ 272,793.53 29.91% $ 236,401.08 $ 54,558.71 $ 363,549.03 $ 511,940.74 $ 93,335.00 25.67% $ 102,388.15 20.00% $ 503,552.00 $ 591,106.03 $ 142,604.70 28.32% $ 118,221.21 $ 28,520.94 Warranty Bond (10% of
Construction Cost) $ 310,374.17 $ 321,941.25 $ 310,374.17 100.00% $ 321,941.25 100.00% $ 52,411.42 $ 64,432.64 $ 52,411.42 100.00% $ 64,432.64 100.00% $ 182,395.42 $ 236,401.08 $ 182,395.42 100.00% $ 236,401.08 $ 182,395.42 $ 72,709.81 $ 102,388.15 $ 72,709.81 100.00% $ 102,388.15 100.00% $ 100,710.40 $ 118,221.21 $ 100,710.40 100.00% $ 118,221.21 $ 100,710.40 Bond# 24282451 24282446 24282453 24282448 24282452 24282447 24282455 24282450 24252454 24282449 Description
16420-6 OnsiteLot 2 & 3 Intract
Street Imps
16420-6 OnsiteLot 2 & 3
Intract
16420-6 Onsite- Lot
4 & 7 Intract
Street Imps
16420-6 OnsiteLot 4 & 7 Intract
Wet Util.
16420-6 OnsiteLot 5,6 & 8
Intract
16420-6 OnsiteLot 5,6 & 8
Intract Wet Util.
16420-6 OnsiteLot 9 Intract
Street Imps
16420-6 OnsiteLot 9 Intract
Wet Util. Imps
Lennar Shea Homes Richmond American Beazer
Note: Cells in green highlight represent values in which estimated remaining costs are less than 20% of initial bond amount per the prior tabs. Values set at 20% of original bond amount Backbone Lots 2 & 3 Lots 4 & 7 Lots 5,6,8 Lot 9
83 84
85 86
87 88
89 90
91 01225.0006/366470.2 C-1
EXHIBIT “C”
TRACT NO. 16420-6 (LOTS 2 & 3)

LENNAR HOMES OF CALIFORNIA, LLC

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

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

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

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

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

5. All persons executing this warranty hereby represent and warrant to the City of Chino, and Subdivider hereby represents and warrants, that the signators hereto have the legal power, right and authority to execute this warranty on behalf of the Subdivider and that the signators hereto have sufficient knowledge or expertise, either personally, through reasonable inspection and investigation of the property, or through reasonable reliance upon the investigation and professional opinion of Subdivider’s environmental experts, to make the representations herein, and that no consent of any other party is 92 01225.0006/366470.2 C-2
required to execute this warranty and make the representations herein on behalf of the Subdivider to the City of Chino.

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

Dated: _________________________
LENNAR HOMES OF CALIFORNIA, LLC*
By:
*Proof of authorization for Subdivider’s signatures is required to be submitted concurrently with this environmental warranty.
93 MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT
CITY COUNCIL MEETING DATE: DECEMBER 2, 2025
TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, PUBLIC WORKS DIRECTOR

SUBJECT
..titl e
Replacement Subdivision Improvement Agreement for Tract Map No. 16420-6 (Block 11 - Lot 9) - Richmond American Homes of Maryland, Inc.
..end

RECOMMENDATION
Approve replacement Subdivision Improvement Agreement and securities with Richmond American Homes of Maryland, Inc. for Tract Map No. 16420-6 (Block 11 – Lot 9); and authorize the City Manager to execute any necessary documents on behalf of the City. ..body

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

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above will further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
 Responsible Long-Range Planning
 Public Service Excellence Through Internal & External Partnerships 94 CITY COUNCIL MEETING DATE: DECEMBER 2, 2025
TITLE: REPLACEMENT SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP NO. 16420-6 (BLOCK 11 - LOT 9) - RICHMOND AMERICAN HOMES OF MARYLAND, INC.

PAGE: 2

Richmond American Homes of Maryland, Inc. has acquired Lot 9, as shown in Exhibit A of the attached replacement SIA. The conditions established at the time of tentative map approval have been met through execution of the replacement agreement for Tract Map No. 16420-6 and the posting of securities guaranteeing construction of the public improvements required for Block 11. The City Attorney has reviewed and approved the replacement SIA and associated securities. Additionally, Lewis has executed a Partial Assignment and Assumption Agreement to the Development Agreement with Richmond American Homes of Maryland, Inc.

Attachments:

Exhibit A - Location Map Tract Map No. 16420-6
95 CITY COUNCIL MEETING DATE: DECEMBER 2, 2025
TITLE: REPLACEMENT SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP NO. 16420-6 (BLOCK 11 - LOT 9) - RICHMOND AMERICAN HOMES OF MARYLAND, INC.

PAGE: 3
Exhibit B – Replacement Subdivision Improvement Agreement 96 97
01225.0006/366470.2 Updated 10-2020

SUBDIVISION IMPROVEMENT AGREEMENT
by and between

CITY OF CHINO
and
RICHMOND AMERICAN HOMES OF MARYLAND, INC.
98 01225.0006/366470.2

SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN

THE CITY OF CHINO
AND
RICHMOND AMERICAN HOMES OF MARYLAND, INC.

Agreement Date: December 2, 2025
Subdivider Name: Richmond American Homes of Maryland, Inc.

Tentative Map No.: 16420-6 Lot 9
Estimated Total Cost of Improvements: $521,651.81
Estimated Total Cost of Monumentation: $0 (based upon the plans, including individual lots, subdivision boundary and public improvements).

Security:

Lot 9 In-Tract Street $285,209.40
Lot 9 In- Tract Wet Utilities $236,442.41
99 01225.0006/366470.2
Designees for the Service of Written Notice:

CITY: SUBDIVIDER:

Jesus Plasencia
Assistant City Engineer
13220 Central Avenue
Chino, CA 91710
(909) 334-3417
[email protected]
Richmond American Homes of Maryland, Inc.
c/o Monica Ultreras
Richard American Homes
2405 York Road, Suite 201
Lutherville Timonium, MD
Office: (949) 274-0746
[email protected]

CITY PROJECT INSPECTOR
Isaac Ortega
Permit & Inspection Supervisor
13220 Central Avenue
Chino, CA 91710
(909) 334-3501
[email protected]
100
01225.0006/366470.2

TABLE OF CONTENTS

1.Construction Obligations

1.1 Works of Improvement

1.2 Other Obligations Referenced in Conditions of Tentative Map Approval

1.3 Intent of Plans

1.4 Survey Monuments

1.5 Performance of Work

1.6 Changes in the Work

1.7 Defective Work

1.8 No Warranty by City

1.9 Authority of the City Engineer

1.10 Documents Available at the Site

1.11 Inspection

1.12 Compliance with Law; Applicable Standards for Improvements

1.13 Suspension of Work

1.14 Erosion and Dust Control and Environmental Mitigation

1.15 Final Acceptance of Works of Improvement

1.16 Vesting of Ownership

1.17 Subdivider’s Obligation to Warn Public During Construction

1.18 Injury to Public Improvements, Public Property or Public Utility

2. Time for Performance

2.1 Commencement and Completion Dates

2.2 Phasing Requirements

2.3 Force Majeure

2.4 Continuous Work

2.5 Reversion to Acreage

3. Labor

3.1 Labor Standards

3.2 Nondiscrimination

3.3 Licensed Contractors

3.4 Workers’ Compensation

4. Security

4.1 Required Security

4.2 Form of Security Instruments

4.3 Subdivider’s Liability

4.4 Letters of Credit

4.5 Release of Security Instruments

5. Cost of Construction and Provision of Inspection Service

5.1 Subdivider Responsible for All Related Costs of Construction 101
01225.0006/366470.2

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

5.3 Payment of Development Impact Fees

6. Acceptance of Offers of Dedication

7. Warranty of Work

8. Default

8.1 Default by Subdivider

8.2 Remedies

8.3 Remedies Not Exclusive

8.4 Attorney’s Fees and Costs

8.5 Waiver

9. Indemnity/Hold Harmless

10. Subdivider’s Indemnity of Project Approval

11. Insurance Requirements

12. Environmental Warranty

13. General Provisions

13.1 Successors and Assigns

13.2 No Third-Party Beneficiaries

13.3 No Vesting Rights

13.4 Subdivider is Not Agent of City

13.5 Time 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
102
01225.0006/366470.2
1 SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (this “Agreement”) is entered into this 2nd day of December, 2025, 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 Richmond American Homes of Maryland, Inc., (“SUBDIVDER”).

RECITALS
A. Subdivider is the owner of, and has obtained approval of a subdivision map identified as Tentative (Tract/Parcel) Map No. 16420-6 (Lot 9), (the “Map”), located in the City of Chino, County of San Bernardino, State of California (the “Property”), as described on Exhibit “A”. The Map requires Subdivider to comply with certain conditions of approval for the development of the Property (the “Conditions”) as described on Exhibit “B”.

D. Subdivider’s agreement to construct and install the Works of Improvement pursuant to this Agreement and its offer of dedication of the streets, easements and other improvements and facilities, as shown on the Map, are a material consideration to City in approving Final Map No. 16420-6 (Lot 9) for the Property and permitting development of the Property to proceed.

1. Construction Obligations.

1.1. Works of Improvement. Subdivider agrees, at its sole cost and expense, to construct or install, or cause to be constructed or installed the street, drainage, domestic water, sanitary sewer, street lighting, landscaping, utility, and other improvements more fully described in Exhibit “B” attached hereto (the “Works of Improvement”), as the same may be supplemented and revised from time to time as set forth in this Agreement (said plans and 103
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2 specifications, together with all related documents, the “Plans”). The estimated construction cost for the Works of Improvement is $521,651.81.

1.4. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments as shown on Final Map No. 16420-6 (Lot 9) in accordance with the provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City of Chino. Subdivider shall provide security for such obligation as provided in Section 4.1(a)(iii) and, after setting the monuments, Subdivider shall furnish the City Engineer written notice of the setting of said monuments and written proof of having paid the engineer or surveyor for the setting of said monuments.

1.6. Changes in the Work. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Paragraph 4, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer as determined necessary to accomplish the purposes of this Agreement and to protect the public health, safety, or welfare. The City Engineer shall notify Subdivider or its contractor in writing (by Correction Notice) at the time a determination has been made to require changes in the work. No field changes performed or proposed by Subdivider or its contractor shall be binding on City unless approved in writing by the City Engineer. The City and Subdivider may mutually 104
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3 agree upon changes to the Works of Improvement, subject to the security requirements in Section 4.

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

1.12. Compliance with Law; Applicable Standards for Improvements. In addition to the express provisions of this Agreement and the Plans, Subdivider shall cause construction of the Works of Improvement to be completed in accordance with all other applicable federal, state, and local laws, ordinances, rules and regulations. In addition, without limiting the foregoing, the Subdivider shall, at its expense, obtain and comply with the conditions of all necessary permits and licenses for the construction of the Works of Improvement. The Subdivider shall also give all necessary notices and pay all fees and taxes as required by law. 105
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4 Subdivider shall construct the improvements in accordance with the City standards in effect at the time of the adoption of the Approved Tentative Map. City reserves the right to protect the public safety or welfare or comply with applicable Federal or State law or City zoning ordinances.

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

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.
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5 1.16. Vesting of Ownership. Upon recordation of the Notice of Acceptance, ownership of the Works of Improvement shall vest in the City.

2. Time for Performance.

2.2. Phasing Requirements. Notwithstanding the provisions of Section 2.1, the City reserves the right to control and regulate the phasing of completion of specific Works of Improvement as required to comply with applicable City ordinances, regulations, and rules relating to the timely provision of public services and facilities. In addition to whatever other remedies the City may have for Subdivider’s failure to satisfy such phasing requirements, as 107
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6 the same now exist or may be amended from time to time, Subdivider acknowledges City’s right to withhold the issuance of further building permits on the Property until such phasing requirements are satisfied. Prior to issuance of building permits, Subdivider shall provide satisfactory evidence that all applicable requirements that are a condition to issuance of building permits have been satisfied. Such requirements may include the payment of fees, construction of improvements, or both. Final inspections or issuance of Certificates of Occupancy may be withheld from the Subdivider by the City, if, upon a determination by the City Engineer, completion of specific Works of Improvements or other requirements associated with the development of the Property have not been completed to the City Engineer’s satisfaction.

3. Labor.

3.2. Nondiscrimination. In accordance with the California Fair Employment and Housing Act (“FEHA”), California Government Code Section 12940 et seq., Subdivider agrees 108
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7 that Subdivider, its agents, employees, contractors, and subcontractor performing any of the Works of Improvement shall not discriminate, in any way, against any person on the basis of race, ethnicity, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Subdivider shall expressly require compliance with the provisions of this Section in all agreements with contractors and subcontractors for the performance of this Agreement.

4. Security.

4.1. Required Security.
(a) At the time Subdivider executes this Agreement, Subdivider shall furnish to City the following bonds, letters of credit, instruments of credit (assignment of deposit account) or other security acceptable to City in its sole and absolute discretion and satisfying the requirements of the applicable provisions of this Section 4 below (hereinafter “Security Instruments”):
(i) A Security Instrument securing Subdivider’s faithful performance of all of the Works of Improvement (“Faithful Performance Security Instrument”), in the amount of $521,651.81 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 $260,825.91 equal to 50% of the estimated construction cost referenced in Section 1.1.
(iii) A Security Instrument guaranteeing the payment of the cost of setting monuments as required in Section 1.4 in the amount of $0 equal to 100% of the cost thereof.
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8 This Agreement shall not be effective for any purpose until such Security Instruments are supplied to and approved by City in accordance herewith. (b) Required Security Instrument for Maintenance and Warranty. Prior to the City Council’s acceptance of the Works of Improvement and recordation of a Notice of Completion, Subdivider shall deliver a Security Instrument warranting the work accepted for a period of one (1) year following said acceptance (“Maintenance and Warranty Security Instrument”), in the amount of $1,561,980.00 equal to 10% of the estimated construction cost set forth in Section 1.1 or a suitable amount determined by the City Engineer.

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

4.4. Letters of Credit.
(a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit (expiring in not less than one (1) year, unless City agrees to a lesser term in City’s sole and absolute discretion) is not delivered not less than thirty (30) days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit delivered hereunder, issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit. (b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Subdivider. If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as 111
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10 provided in the foregoing. Subdivider agrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City’s security interest in such account.

5. Cost of Construction and Provision of Inspection Service.

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

Subdivider shall compensate City for all of City’s costs reasonably incurred in having its 112
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11 authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Subdivider shall compensate City for all design, plan check, evaluating any proposed or agreed-upon changes in the work. The procedures for deposit and payment of such fees shall be as established by the City. In no event shall Subdivider be entitled to additional inspections or a final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections.

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

8. Default.

8.1. Default by Subdivider. Default by Subdivider shall include, but not be limited to:
(a) Subdivider’s failure to timely commence construction of Works of Improvement under this Agreement;
(b) Subdivider’s failure to timely complete construction of the Works of Improvement;
(c) Subdivider’s failure to perform substantial construction work for a period for 20 consecutive calendar days after commencement of the work; 113
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12 (d) Subdivider’s insolvency, appointment of a receiver, or the filing of any petition in bankruptcy, either voluntary or involuntary, which Subdivider fails to discharge within 30 days;
(e) The commencement of a foreclosure action against the subdivision or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or (f) Subdivider’s failure to perform any other obligation under this Agreement.

8.4. Attorney’s Fees and Costs. In the event that Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney’s fees. In the event of any dispute arising out of Subdivider’s performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney’s fees and costs. Such attorney’s fees and cost shall include fees and costs on any appeal, and in addition a party entitled to attorney’s fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have 114
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13 accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment.

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

11. Insurance Requirements. Subdivider, at Subdivider’s sole cost and expense and for the full term of this Agreement and any extensions thereto, shall obtain and maintain all of the following minimum insurance requirements in a form approved by the City’s authorized designee for Risk Management prior to commencing any work:
(a) Commercial General Liability policy with a minimum $1 million combined single limit for bodily injury and property damage providing all of the following minimum coverage without deductibles:
(i) Premises operations; including X, C, and U coverage; (ii) Owners’ and contractors’ protection;
(iii) Blanket contractual;
(iv) Completed operations; and
(v) Products.
(b) Commercial Business Auto policy with a minimum $1 million combined single limit for bodily injury and property damage, providing all of the following minimum coverage without deductibles:
(i) Coverage shall apply to any and all leased, owned, hired, or nonowned vehicles used in pursuit of any of the activities associated with this Agreement; and
(ii) Any and all mobile equipment including cranes which are not covered under the above Commercial Business Auto policy shall have said coverage provided under the Commercial General Liability policy. (c) Workers Compensation and Employers’ Liability policy in accordance with the laws of the State of California and providing coverage for any and all employees of the Subdivider:
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15 (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, Subdivider by executing this Agreement certifies: “I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract.”
(iii) Prior to commencement of work, the Subdivider shall file with the City’s Risk Manager a Certificate of Insurance or certification of permission to self-insure workers’ compensation conforming to the requirements of the Labor Code.
(d) Endorsements. All of the following endorsements are required to be made a part of each of the above-required policies as stipulated below:
(i) “The City of Chino, its officers, employees and agents are hereby added as additional insureds.”
(ii) “This policy shall be considered primary insurance with respect to any other valid and collectible insurance the City may possess, 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.
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16 (e) Admitted Insurers. All insurance companies providing insurance to the Subdivider under this Agreement shall be admitted to transact the business of insurance by the California Insurance Commissioner.
(f) Proof of Coverage. Copies of all required endorsements shall be attached to the Certificate of Insurance which shall be provided by the Subdivider’s insurance company as evidence of the coverage required herein and shall be mailed to:

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

12. Environmental Warranty.

12.1. Prior to the acceptance of any dedications or Works of Improvement by City, Subdivider shall provide City with a written warranty in a form substantially similar to Exhibit “C” attached hereto and incorporated herein by reference, that:
(a) Neither the property to be dedicated nor Subdivider are in violation of any environmental law, and neither the property to be dedicated nor the Subdivider are subject to any existing, pending or threatened investigation by any federal, state or local governmental authority under or in connection with the environmental laws relating to the property to be dedicated. (b) Neither Subdivider nor any other person with Subdivider’s permission to be upon the property to be dedicated shall use, generate, manufacture, produce, or release, on, under, or about the property to be dedicated, any Hazardous Substance except in compliance with all applicable environmental laws. For the purposes of this Agreement, the term “Hazardous Substances” shall mean any substance or material which is capable of posing a risk of injury to health, safety or property, including all those materials and substances designated as hazardous or toxic by any federal, state or local law, ordinance, rule, regulation or policy, including but not limited to, all of those materials and substances defined as “Toxic Materials” in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30, as the same shall be amended from time to time, or any other materials requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies. (c) Subdivider has not caused or permitted the release of and has no knowledge of the release or presence of any Hazardous Substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. (d) Subdivider’s prior and present use of the property to be dedicated has not resulted in the release of any hazardous substance on the property to be dedicated.
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17 12.2. Subdivider shall give prompt written notice to City of:
(a) Any proceeding or investigation by any federal, state or local governmental (b) authority with respect to the presence of any hazardous substance on the property to be dedicated or the migration thereof from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. (c) Any claims made or threatened by any third party against City or the property to be dedicated relating to any loss or injury resulting from any hazardous substance; and
(d) Subdivider’s discovery of any occurrence or condition on any property adjoining or in the vicinity of the property to be dedicated that could cause the property to be dedicated or any part thereof to be subject to any restrictions on its ownership, occupancy, use for the purpose for which it is intended, transferability or suit under any environmental law.

13. General Provisions.

13.2. No Third-Party Beneficiaries. This Agreement is intended to benefit only the parties hereto and their respective successors and assigns. Neither City nor Subdivider intend to create any third-party beneficiary rights in this Agreement in any contractor, subcontractor, member of the general public, or other person or entity. 119
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18 13.3. No Vesting Rights. Performance by the Subdivider of this Agreement shall not be construed to vest Subdivider’s rights with respect to any change in any zoning or building law or ordinance.

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

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.

13.9. 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.
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19 13.13. Counterparts. This Agreement may be executed in one or more counterparts, all of which taken together shall be deemed one original.

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

APPROVED AS TO FORM: APPROVED AS TO CONTENT:
___________________________ _____________________________ Fred Galante, City Attorney Hye Jin Lee, P.E.

Director of Public Works
RICHMOND AMERICAN HOMES OF MARYLAND, INC.

By: __________________________
Its: Authorized Agent
Monica Ultreras

CITY OF CHINO
Dr. Linda Reich, City Manager
Date:

ATTEST:

By
Natalie Gonzaga, City Clerk
Dated: ___________________________
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01225.0006/366470.2 A-1
EXHIBIT “A”
[attached]
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EXHIBIT “B”
TENTATIVE TRACT MAP NO. 16420-6 (LOT 9) WORKS OF IMPROVEMENT A. Removal of undesirable, dangerous and dead plant materials and roots.