01225.0006/366470.2
SUBDIVISION IMPROVEMENT AGREEMENT
by and between
CITY OF CHINO
and
MAJESTIC CHINO FLIGHT, LLC
01225.0006/366470.2
SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN
THE CITY OF CHINO
AND
MAJESTIC CHINO FLIGHT, LLC
Agreement Date: March 24,2026
Subdivider Name: Majestic Chino Flight, LLC, a Delaware limited liability company Subdivision Description : Subdivider has a long-term ground lease with San Bernardino County (“Owner”) to develop the property located adjacent to the Chino Airport at the southeast corner of Flight and Remington Avenues. The Project site is located within a larger master planned industrial development. On March 20, 2023, the Planning Commission approved the Subdivider’sapplications for Site Approval, Special Conditional Use Permit, and Vesting Tentative Parcel Map No. 20561 to subdivide approximately 56.95 acres of land into three parcels ranging in size from approximately 3.74 acres to approximately 46 acres. Parcel 1 is proposed to be developed with a 925,362 square foot industrial building with loading doors facing Remington Avenue while Parcels 2 and 3, fall within the Chino Airport’s Runway Protection Zone and will not include any buildings . As of the date the Owner executes this Subdivision Improvement Agreement, Subdivider and Owner have not entered into this ground lease referenced above , but shall d o so , and the ground lease shall be in effect, prior to Subdivider’scommencement of construction.
Vesting Tentative Parcel Map No.: 20561
Estimated Total Cost of Improvements: $1,696,700.00
Estimated Total Cost of Monumentation: $5,558.40
Security:
Bond No.: ____________________
Surety: ___________________
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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]
Majestic Chino Flight, LLC
c/o Majestic Realty Co., Manager’s agent
Attention: Ed Konjoyan, Senior Vice President
13191 Crossroads Parkway North 6th Floor
City of Industry, CA 91746
562-692-9581
[email protected]
CITY PROJECT INSPECTOR OWNER:
Isaac Ortega
Permit & Inspection Supervisor
13220 Central Avenue
Chino, CA 91710
(909) 334-3501
[email protected]
San Bernardino County
Attention: Terry W. Thompson, Director, Real
Estate Services Department
385 North Arrowhead Ave
San Bernardino, CA 92415
(909) 387-5104
[email protected]
01225.0006/366470.2
TABLE OF CONTENTS
1. Construction Obligations
1.1 Works of Improvement
1.2 Other Obligations Referenced in Conditions of Vesting 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 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
01225.0006/366470.2
1 SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (this “Agreement”) is entered into this 24th day of March, 2026, 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 Majestic Chino Flight, LLC, a Delaware limited liability company (Subdivider”).
RECITALS
A. Subdivider has obtained approval of a subdivision map identified as Vesting Tentative Parcel Map No. 20561, (the “Map”), to subdivide approximately 56.95 acres located at the southeast corner of Flight and Remington Avenues in the City of Chino, County of San Bernardino, State of California (the “Property”), the Map and Property are as depicted 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 (as agreed to by the signature of San Bernardino County, the “Owner”of the Property) 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 the Map 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 and pursuant to the agreed upon engineer’s estimate thereof(the “Works of Improvement”), as the same may be supplemented and revised from time to time as 01225.0006/366470.2
2 set forth in this Agreement (said plans and specifications, together with all related documents, the “Plans”). The estimated construction cost for the Works of Improvement is $1,696,700.00.
1.2. Other Obligations Referenced in Conditions of Vesting 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 th e 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 Plan s 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 wor k. 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 the Map 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 engin eer or surv eyor 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 use its reasonable discretion to order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed reasonably necessary or desirable by the City Engineer as determinedreasonably necessary to accomplish the purposes of this Agreement and to protect the public he alth, 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 c ontractor shall be binding on City unless approved in writing by 01225.0006/366470.2
3 the City Engineer. The City and Subdivider shall mutually agree upon changes to the Works of Improvement, subject to the security requirements in Section 4.
1.7. Defective Work. Subdivider shall cause its contractor to repair, reconstruct, replace, or otherwise make acceptable any work found by the City Engineer to be defective prior to City Acceptance, and after Final Acceptance as required by Section 7 below.
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 reasonably 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 andintent 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 s ite. 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 pr eviously overlooked or accepted.
1.12. Compliance with Law; Applicable Standards for Improvements. In addition to the express provisions of this Agreement and the Plans, Subdivider shall cause construction of the Works of Improvement to be completed in accordance with all other applicable federal, state, and local laws, ordinances, rules and regulations. In addition, without limiting the foregoing, the Subdivider shall, at its expense, obtain and comply with the conditions of all necessary permits and licenses for the construction of the Works of Improvement. The Subdivider shall also give all necessary notices and pay all fees and taxes as required by law. 01225.0006/366470.2
4 Subdivider shall construct the improvements in accordance with the City standards in effect on June 17, 2022, when the time the Vesting Tentative Parcel Map submittal was deemed complete. 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 ifnecessary 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 require ments, 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 shallrecommend acceptance of the Works of Improvement by the City Council. Final acceptance shall occur on the date the City Council accepts the Works of Improvement (“Final Acceptance”), and shall not constitute a waiver by the City Engineer of defective work subsequently discovered. The City Engineer and the City shall not unreasonably withhold, condition or delay their acceptance of the Works of Improvement.
The date on which the Works of Improvement will be considered as complete shall be the date of the Final Acceptance.
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5 1.16. Vesting of Ownership. Upon Final Acceptance by City, ownership of the Works of Improvement located within the City streets and easements shown on the Map described in Recital B shall vest in the City. Owner consents to this provision.
1.17. Subdivider’s Obligation to Warn Public During Construction.Until Final Acceptance, Subdivider shall give good and adequate warning to the public of any dangerous condition of the Works of Improvement and shall take reasonable actions to protect the public from such dangerous condition. Until Final 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 Final Acceptance of the Works of Improvement, Subdivider assumes responsibility for the care and maintenance of, and any damage to, the Works of Improvement. Subdivider shall replace or repair all Works of Improvement which are destroyed or damaged for any reason, regardless whether resulting from the acts of the Subdivider, prior to theFinal Acceptance. Subdivider shall bear the entire cost of such replacement or repairs regardless ofwhat entity owns the underlying property. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer.
Notwithstanding the foregoing, neither the City, nor any officer or employee thereof, shall be liable or responsible for any accident, loss or damage, regardless of cause but except for their sole negligence or intentional wrongful act, occurring to the Works of Improvement prior to Final Acceptance of the Works of Improvement.
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 within one (1) year 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 reasonable 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, inan 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. If City’s control and regulation of the phasing of specific Works of Improvement hinders Subdivider’s ability to timely complete the 01225.0006/366470.2
6 Works of Improvement and Subdivider is able to document such impact to the City in writing, subject to the City Engineer’s reasonable written approval, the deadlines specified in Section 2.1 shall be extended for time period(s)coterminous with the period of delay caused by City’s control and regulation of the phasing. In addition to whatever other remedies the City may have for Subdivider’s failure to satisfy such phasing requirements, as the same now exist or may be amended from time to time, Subdivider a cknowledges City’s right to withhold the issuance of further Certificate(s) of Occupancyon the Property until such phasing requirements are satisfied.
Final inspections or issuance of Certificates of Occupancy may be withheld from the Subdivider by the City, if, upon a reasonable determination by the City Engineer, completion of specific Works of Improvement 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 anything in this Agreement to the contrary , Subdivider’s time for performance of its obligations shall be extended for the period of any delay caused due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, fires, natural disasters, acts of God, acts of the public enemy,strikes, lockouts, riots, epidemics, pandemics, quarantine restrictions, freight embargos, acts or failures to act of a public agency (including City), changes to the scope or phasing of work required by City, and similar causes; provided, however, that the period of any delay hereunder shall not include any period longer than ten (10) 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 Subdivider’s performance.
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 Divis ion 2, Part 7, Chapter 1, including section 1720 to 1740, 1770 to 1780, 1810 to 1815, 1860 to 1861, which provisions are specifically incorporated herein by reference as set forth herein in their entirety. Subdivider shall expressly require compliance with the provisions of this Section in all agreements with contractors and subcontractors for the performance of the Works of Improvement.
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7 3.2. Nondiscrimination. In accordance with the California Fair Employment and Housing Act ( “FEHA”), California Government Code Section 12940 et seq. , Subdivider agrees that Subdivider, its agents, employees, contractors, and subcontractor performing any of the Works of Improvement shall not discriminate, in any way, against any person on the basis of race, ethnicity, religious creed, color, national o rigin, 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 Improvement.
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 solely based upon the provisions of Section 4.2 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$1,696,700.00, which isequal 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 of $848,400.00, which is equal to 50% of the estimated construction cost referenced in Section 1.1.
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8 (iii) A Security Instrument guaranteeing the payment of the cost of setting monuments as required in Section 1.4 in the amount of $ 5,558.40 equal to 100% of the cost thereof.
This Agreement shall not be effective for any purpose until such Security Instruments are supplied to and approved by City in accordance herewith. (b) Required Security Instrument for Maintenance and Warranty . Prior to the City Council ’s acceptance of the Works of Improvement and recordation of a Notice of Completion, Subdivider shall deliver a Security Instrument warranting the work accepted for a period of one (1) year following said acceptance (“Maintenance and Warranty Security Instrument”), in the amount of $169,700.00 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 minimumrating 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 01225.0006/366470.2
9 instituted and maintained) in the City of Chino, State of California (and the Security Instrument shall so provide).
(ii) Each Security Instrument shall have a minimum term of one (1) year after the deadline for Subdivider ’s completing the Works of Improvement, in accordance with Section 2.1 (other than Instruments of Credit, which shall have no defined term or expiration date).
(iii) Each Security Instrument shall provide that changes may be made in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and without affecting the obligations under such Security Instrument.
(iv) If the Subdivider seeks to replace any security with another security, the replacement shall: (1) comply with all the requirements for security in this Agreement; (2) be provided by the Subdivider to the City Engineer; and (3) upon its written acceptance b y the City Engineer, which shall not be unreasonably withheld, conditioned or delayed, 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 failur e by any surety or financial institution to perf orm 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 in the event of such expiration or failure, within ten (10) days after written demand therefor, deliver to City such substitute security as City shall reasonably 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 institutionreasonably acceptable to City as of the date of delivery of the replacement letter of credit. Notwithstanding anything herein to the contrary, prior to City’s draw on any such letter of credit, City 01225.0006/366470.2
10 shall provide Subdivider with ten (10) days ’written notice of its intent to draw on the 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 provided in the foregoing. Subdi vider agrees and hereby grants City a security interest in such account to the extent required for City to realize its intereststherein 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 L abor and Materials Security Instrument until the earlier of: 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 reasonable costs, expenses and fees, including reasonable attorney’s fees.
5. Cost of Construction and Provision of Inspection Service. 01225.0006/366470.2
11 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 accordance with state law, in having its authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Subdivider shall compensate City for all of its costs reasonably incurred for design, plan check, and evaluating any proposed or agreed -upon changes in the Works of Improvement. The procedures for deposit and payment of such fees shall be as reasonably 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 in effect as of June 17, 2022 when the Map submittal was deemed complete.
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. City shall use good faith efforts to promptly accept all offers 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 within said one (1) year period, due to any reason other than improper maintenance, any of the Works of Improvement should fail or prove defective 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 thirty (30) days after written notice of such defects, subject to force majeure, 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 and diligently prosecuted to completion . Should Subdivider fail to commence to remedy defective material and/or workmanship or make replacements or repairs within the period of time set forth above, City shall provide notice to Subdivider that it will commence such repairs and replacements , may thereafter make such repairs and replacements, and the reasonable 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:
01225.0006/366470.2
12 (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 thirty (30) consecutive calendar days after commencement of the work; (d) Subdivider’s insolvency, appointment of a receiver, or the filing of any petition in bankruptcy, either voluntary or involuntary, which Subdivider fails to discharge within 120 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 , after the giving of notice and expiration of applicable cure period.
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 actual cost of completing the required improvements. The City may use the sums provided by the securities , pursuant to the terms of this Agreement, for the completion of the Works of Improvement in accordance with the plans. In the event the Subdivider fails to cure any failure to perform its obligations under this Agreement, and the same results in a default in accordance wit h the last sentence of this Section 8.2,Subdivider authorizes the City to(i) perform the obligation for which Subdivider is in default and agrees to pay the entirereasonable cost of such performance by the City, and (ii) 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. Notwithstanding any provision of this Agreement to the contrary, Subdivider shall not be in default under this Agreement unless and until City provides written notice of any failure of Subdivider to perform its obligations hereunder to Subdivider and to Subdivider’s surety, and such failure shall continue for thirty (30) days after Subdivider and Subdivider’s surety receive City’s written notice, provided that, if more than thirty (30) days are reasonably required to cure the such failure to perform, then such thirty (30) day period shall be extended for such longer period of time as Subdivider reasonably requires to cure the failure to perform so long as Subdivider commences cure within such thirty (30) day period and thereafter diligently pursues such cure to completion.
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 01225.0006/366470.2
13 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 eq uitable 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 after giving of notice and expiration of applicable cure periods, Subdivider agrees to pay all reasonable 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’sor City’sperformance of its obligations under this Agreement or under any of the Security Instruments r eferenced 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 withrespect to the litigation.
All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment.
8.5. Waiver. No waiver by the City of any breach or default by the 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 each case due to Subdivider’s failure to properly perform Subdivider’s obligations underthis Agreement. Subdivider further agrees to protect, defend, indemnify and hold harmless City, its officials, boards and commissions, and members thereof, agents, and employe es from any and all third party claims, demands and causes of action, as well as any and all liability or loss of any sort resulting from such claims, demands and causes of action, because of, or arising out of, acts or omissions ) of Subdivider, its agents, employees, contractors and subcontractors resulting in the failure of Subdivider to properly perform its obligations under this Agreement, except to the extent such claims, demands, causes of action, liability or loss are attributable to the sole negligence or intentional wrongful act of the City, its officials, boards, commissions, the members thereof, agents and employees, including all third party claims, demands, causes of action, as well as all liability or loss resulting from such third party claims, demands, and causes of action,because of or arising out of, in whole or in part, the design or construction of the Works of Improvement by or for the benefit of Subdivider . 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 Works of Improvement 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 improvementsin each case constituting Works of Improvement. Final Acceptance of the Works of Improvement 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 impr ovements pursuant to the 01225.0006/366470.2
14 approved improvement Plans or Map, except to the extent of any negligent action or inaction taken or intentional wrongful act by the City in approving the Plans or Map.
After Final Acceptance, the Subdivider shall remain obligated to eliminate any latent defect in design or dangerous condition caused by the design or construction defect of any Works of Improvement for a period of one (1) year following such recordation. Notwithstanding any provision of this Section 9 to the contrary, Subdivider shall (i) not be responsible for routine maintenance and (ii) have no obligation to indemnify, defend or hold harmless any indemnified party from any claims, demands, causes of act ion, liability or loss if the same arises due to the sole negligence or intentional wrongful act of the City or any other indemnified party. Clause (ii) in the preceding sentence in no way changes the exculpation of the City for liability pursuant to the last sentence of the preceding paragraph. The Security Instruments shall not be required to cover the provisions of this Paragraph.
Subdivider shall reimburse the City for all reasonable 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. Subdivider’s indemnity obligations specified in this Section shall automatically terminate one (1) year after Final Acceptance.
10. Subdivider’s Indemnity of Project Approval. Subdivider shall defend, indemnify, and hold harmless the City and its agents, officers, and employees from any third party claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning the Subdivision. The City shall promptly notifythe 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 or any other indemnified party. 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. Subdivi der 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 reasonably 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 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’protective;
(iii) Blanket contractual liability;
(iv) Completed operations; and
01225.0006/366470.2
15 (v) Products liability.
(b) Commercial Business Auto policy with a minimum $1 million combined single limit for bodily injury and property damage, providing all the following minimum coverage without deductibles:
(i) Coverage shall apply to all leased, owned, hired, or non -owned vehicles used in pursuit of any of the activities associated with this Agreement; and
(ii) 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 all employees of the Subdivider:
(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 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 exce ss insurance only.”
01225.0006/366470.2
16 (iii) “This insurance shall act for each insured and additional insured as though a separate policy has been written for each. This, however, will not act to increase the limit of the insuring company.” (iv) “Thirty (30) days prior written notice of cancellation shall be given to the City of Chino in the event of cancellation and/or reduction in coverage, except that ten (10) days prior written notice shall apply in the event of cancellation for non -payment of premium.”Such notice shall be sent to the Risk Manager at the address indicated in Subsection f below.
(v) Subsection d(iv) hereinabove “Cancellation Notice ” is the only endorsement required of the Workers’Compensation and Employers’ Liability policy.
(e) Admitted Insurers. All insurance companies providing insurance to the Subdivider under this Agreement shall be admitted to transact the business of insurance by the California Insurance Commissioner.
(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 and Owner, as applicable, shall provide City with a written warranty in a form substantially similar to Exhibit “C”attached hereto and incorporated herein by reference.
12.2. Subdivider and Owner, as applicable, shall, promptly after acquiring actual knowledge of the same, give written notice to City of:
(a) Any proceeding or investigation by any federal, state or local governmental 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.
(b) 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
(c) Subdivider’s or Owner’s discovery, as applicable, of any occurrence or condition on any property adjoining or in the vicinity of the property to be dedicated 01225.0006/366470.2
17 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.
Owner 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 assigned 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 Ass ignment of Subdivision Agreement, (the “Transfer Agreement ”), to acknowledge the transfer of the interest 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 appro val, 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. Notwithstanding anything to the contrary in this Agreement, Subdivider’s indemnity and other obligations specified in this Agreement shall automatically terminate one (1) year after the Final Acceptance, with no litigation filed by any third party before the expiration of this one -year period, and if any such litigation is so filed, then the applicable provisions shall continue in force only with respect to such filed litigation until finally resolved.
13.2. No Third-Party Beneficiaries. This Agreement is intended to benefit only the parties hereto and their respective successors and assigns. Neither City nor Subdivider intend to create any third-party beneficiary rights in this Agreement in any contractor, subcontractor, member of the general public, or other person or entity.
13.3. No Vesting Rights. Performance by the Subdivider of this Agreement shall not be construed to vest Subdivider’s rights with respect to any change in any zoning or building law or ordinance. Notwithstanding the foregoing, Subdivider has vested rights created in connection with the City’s approval of Vesting Tentative Parcel Map No.: 20561.
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. 01225.0006/366470.2
18 13.5. Time of the Essence. Time is of the essence ofCity’s andSubdivider’s performance of all of its respective 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 a nd 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 express ly provided herein. All waivers of the provisions of this Agreement must be in writing and signed by an authorized representative of the party to be charged, and all amendments hereto must be in writing and signed by the appropriate representatives of both parties.
13.13. Counterparts. This Agreement may be executed in one or more counterparts, all of which taken together shall be deemed one original.
14. Authority. The persons executing this Agreement on behalf of the parties warrant 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 01225.0006/366470.2
19 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]
01225.0006/366470.2
20 IN WITNESS WHEREOF,the City, Ownerand 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 Hye Jin Lee, P.E.
City Attorney Director of Public Works
Dated: ____________ Dated: ____________
MAJESTIC CHINO FLIGHT, LLC,
a Delaware limited liability company
By: MAJESTIC REALTY CO.,
a California corporation
Its: Manager’s Agent
By:
(Name and Title)
Dated: ____________
SAN BERNARDINO COUNTY
Dawn Rowe
Chair, Board of Supervisors
Dated: ____________
ATTEST: CITY OF CHINO
By
Natalie Gonzaga, City Clerk Dr. Linda Reich, City Manager Dated: ____________ Dated: ____________
01225.0006/366470.2
01225.0006/366470.2 A-1
EXHIBIT “A”
VESTING TENTATIVE PARCEL MAP
01225.0006/366470.2 A-2
01225.0006/366470.2 B-1
EXHIBIT “B”
PARCEL MAP 20561 WORKS OF IMPROVEMENT
A. Removal of undesirable, dangerous and dead plant materials and roots.
B. All 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 City-approved construction plans.
E. Sanitary sewers constructed as shown on the City-approved, engineered plans.
F. Water mains, valves, hydrants, services, meters and appurtenances to serve each lot as shown on the City-approved construction plans.
G. Underground installation of all electrical, telephone, cable television and any other energy or communication lines that abut the project site.
H. A street lighting system (City -owned) in accordance with the City-approved construction plans.
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 City-approved construction plans.
K. Installation of asphalt concrete or Portland Cement Concrete street pavement on base material as shown on approved construction plans and in accordance the City- approved construction plans.
L. Street signs at intersections per the City-approved construction plans.
M. Installation of approved landscaping (plants and materials) per the City-approved construction plans.
N. Setting monuments as required by the State Code.
The Subdivider shall also perform all work and furnish all materials necessary, in the reasonable opinion of the Director of Public Works or her designee and on his order, to complete the improvements in accordance with the plans and specifications on file as hereinbefore specified, or any changes as required by Section 1.6 of the Agreement.
RESOLUTION NO 2022-007
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PM 20561
LOCATION : Flight Ave @ Remmington
By: PBLA
DATE: 11/28/2023
Quantity Unit Item Unit Total Cost
Price Per Item
STREETS
EA Tree Removal 800.00$ - $
CY Concrete Removal 325.00$ - $
310 CY AC Pavement Removal 100.00$ 31,000.00$ CY Imported Common Fill (Incl. Compaction) 34.00$ - $ 33503 SF Preparation of Subgrade, Sidewalk and Paving 1.00$ 33,503.00$ 2067 LF PCC 8" Curb & 24" Gutter on 6" AB 26.00$ 53,742.00$ 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$ - $ 14200 SF 4" PCC Sidewalk 5.80$ 82,360.00$ SF 6" PCC Thick Drive Approach on 6" AB 12.50$ - $ 5272 SF 8" PCC Thick Drive Approach on 6" AB 15.00$ 79,080.00$ 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 (148 LB/CF) 130.00$ - $ 833 TON AC Variable - >300T 120.00$ 99,960.00$ TON CAB Variable - <300T 100.00$ - $
869 TON CAB Variable - >300T (135 LB/CF) 90.00$ 78,210.00$ EngCostEstimate Page 1 of 10 Effective Date: January 1, 2021
RESOLUTION NO 2022-007
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PM 20561
LOCATION : Flight Ave @ Remmington
By: PBLA
DATE: 11/28/2023
Quantity Unit Item Unit Total Cost
Price Per Item
STREETS
EA Adjust Sewer Manhole to Grade 950.00$ - $ EA Adjust Sewer Cleanout to Grade 500.00$ - $ EA Adjust Water Valve and Can to Grade 525.00$ - $ 5 EA Street Light (City Owner) 7,700.00$ 38,500.00 $ 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$ - $
LF Signing & Striping for
Arterial 19.00$ - $
Collector 13.00$ - $
3335 Local 7.00$ 23,345.00$
EA Traffic Signal (8 - Phase Controller) 350,000.00$ - $ 1 EA Modify existing Traffic Signal per Quadrant 75,000.00$ 75,000.00 $ LF Chain Link Fence
4 foot Residential Grade (Add $7.00/LF for Removal of
Existin
g Fence) 25.00$ - $
6 foot School fence (Add $9.00/LF for Removal of
Existin
g Fence) 35.00$ - $
EA Utilit y Poles
Transmission 11,500.00$ - $
Distribution 8,000.00$ - $
Service 3,000.00$ - $
EngCostEstimate Page 2 of 10 Effective Date: January 1, 2021
RESOLUTION NO 2022-007
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PM 20561
LOCATION : Flight Ave @ Remmington
By: PBLA
DATE: 11/28/2023
Quantity Unit Item Unit Total Cost
Price Per Item
STREETS
25000 SF
Landscape (Including shrubs, Hardscape, Irrigation, Ground Cover, Lighting, Installation Labor and Connection to
Existing Systems) 15.00$ 375,000.00$
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$ - $
3 EA S.W. Ramps (A.D.A. Compliant) 4,000.00$ 12,000.00 $ EA Traffic Signal Loops 600.00$ - $
STREETS
STREET SUBTOTAL 988,200.00 $
1 LS Mobilzation (5% of Construction Cost) 5% 49,410.00$ 1 LS Traffic Control (5% of Construction Cost) 5% 49,410.00$ LS Clear & Grub Site (5% of Construction Cost) 5% 49,410.00$ LS Excavation (Clean Material) (5% of Construction Cost) 5% 49,410.00$ GRAND TOTAL STREETS ONLY 1,185,840.00$
EngCostEstimate Page 3 of 10 Effective Date: January 1, 2021
RESOLUTION NO 2022-007
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PM 20561
LOCATION : Flight Ave @ Remmington
By: PBLA
DATE: 11/28/2023
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$ - $ 1142 LF
12" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration 135.00$ 154,170.00$ 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$ - $
2 EA 12" Gate Valve 4,500.00$ 9,000.00 $
EA 18" Gate Valve 7,500.00$ - $
EA Fire Hydrant Assembly per City Std. 7,500.00$ - $ EA Blow-off Assembly 4" per City Std. 8,600.00$ - $ EA 2" Air Relief Assembly 4,500.00$ - $
EA 1" Water Service/Meter 3,500.00$ - $
EA 2" Water Service/Meter 4,500.00$ - $
WATER
WATER SUBTOTAL 163,170.00$
1 LS Mobilzation (5% of Construction Cost) 5% 8,158.50$ 1 LS Traffic Control (5% of Construction Cost) 5% 8,158.50$ GRAND TOTAL WATER ONLY 179,487.00$
EngCostEstimate Page 4 of 10 Effective Date: January 1, 2021
RESOLUTION NO 2022-007
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PM 20561
LOCATION : Flight Ave @ Remmington
By: PBLA
DATE: 11/28/2023
Quantity Unit Item Unit Total Cost
Price Per Item
RECYCLED WATER
LF Trench Su pport/Shoring (6 foot depth) 15.00$ - $ CY Pi pe 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 H ydrant Assembly per City Std. 7,500.00 $ - $ EA Blow-off Assembl y 5" per City Std. 8,600.00 $ - $ EA 2" Air Relief Assembl y 4,500.00$ - $
EA 1" Water Service/Meter 3,500.00$ - $
EA 2" Water Service/Meter 4,500.00$ - $
RECYCLED WATER
RECYCLED WATER SUBTOTAL -$
LS Mobilzation (5% of Construction Cost) 5% -$
LS Traffic Control (5% of Construction Cost) 5% -$
GRAND TOTAL RECYCLED WATER ONLY -$
EngCostEstimate Page 5 of 10 Effective Date: January 1, 2021
RESOLUTION NO 2022-007
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PM 20561
LOCATION : Flight Ave @ Remmington
By: PBLA
DATE: 11/28/2023
Quantity Unit Item Unit Total Cost
Price Per Item
SEWER
LF Trench Support/Shoring 15.00$ - $
LF
4" Installed, including excavation, bedding, backfill and pavement restoration $75.00 - $
51 LF
8" Installed, including excavation, bedding, backfill and pavement restoration $93.00 4,743.00$
LF
10" Installed, including excavation, bedding, backfill and pavement restoration $103.00 - $
LF
12" Installed, including excavation, bedding, backfill and pavement restoration $123.00 - $
LF
15" Installed, including excavation, bedding, backfill and pavement restoration $143.00 - $
LF
18" Installed, including excavation, bedding, backfill and pavement restoration $163.00 - $
LF
21" Installed, including excavation, bedding, backfill and pavement restoration $193.00 - $
LF
24" Installed, including excavation, bedding, backfill and pavement restoration $208.00 - $
1 EA Sewer Saddle $450.00 450.00$
EA Wyes 4" x 8" Typical $225.00 - $
1 EA 48" Sewer Manhole $4,700.00 4,700.00$
EA 60" Sewer Manhole $7,500.00 - $
EA Sewer Cleanout $1,800.00 - $
SEWER
SEWER SUBTOTAL 9,893.00$
1 LS Mobilization (5% of Construction Cost) 5% 494.65$
1 LS Traffic Control (5% of Construction Cost) 5% 494.65$ GRAND TOTAL SEWER ONLY 10,882.30$
EngCostEstimate Page 6 of 10 Effective Date: January 1, 2021
RESOLUTION NO 2022-007
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PM 20561
LOCATION : Flight Ave @ Remmington
By: PBLA
DATE: 11/28/2023
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$ - $ 2 EA Junction Structure #4 (24" or smaller) 4,000.00$ 8,000.00 $ EA Outlet Structure 7,000.00$ - $
EA Catch Basin 3.5' Width 7,200.00$ - $
2 EA Catch Basin 7' Width/L.D. 7,900.00$ 15,800.00 $ 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$ - $
10 LF
18 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 200.00$ 2,000.00$ 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
RESOLUTION NO 2022-007
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PM 20561
LOCATION : Flight Ave @ Remmington
By: PBLA
DATE: 11/28/2023
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$ - $
LF
9' x 12' RCB Installed, including excavation, bedding, backfill and
pavement restoration 1,100.00$ - $
LF
4' x 6' RCB Installed, including excavation, bedding, backfill and
pavement restoration 680.00$ - $
STORM DRAIN
STORM DRAIN SUBTOTAL 25,800.00$
1 LS Mobilization (5% of Construction Cost) 5% 1,290.00$ 1 LS Traffic Control (5% of Construction Cost) 5% 1,290.00$ GRAND TOTAL STORM DRAIN ONLY 28,380.00$
EngCostEstimate Page 8 of 10 Effective Date: January 1, 2021
RESOLUTION NO 2022-007
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PM 20561
LOCATION : Flight Ave @ Remmington
By: PBLA
DATE: 11/28/2023
Quantity Unit Item Unit Total Cost
Price Per Item
DIRECT COSTS GRAND TOTAL STREETS ONLY 1,185,840.00$
GRAND TOTAL WATER ONLY 179,487.00$
GRAND TOTAL RECYCLED WATER ONLY -$
GRAND TOTAL SEWER ONLY 10,882.30$
GRAND TOTAL STORM DRAIN ONLY 28,380.00$
GRAND TOTAL (FOR PLAN CHECK & INSPECTION FEE
DETERMINATION)
1,404,589.30$
PROJECT ADDITIVES Project Contingencies 10% 140,458.93$ Construction Staking 3% 42,137.68$
Soils Testing 1% 14,045.89$
Material Testing 1% 14,045.89$
Construction Inspection 4.8% 67,420.29$
Contract Administration 1% 14,045.89$
GRAND TOTAL (FOR BOND AMOUNTS) 1,696,743.87$
EngCostEstimate Page 9 of 10 Effective Date: January 1, 2021
RESOLUTION NO 2022-007
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PM 20561
LOCATION : Flight Ave @ Remmington
By: PBLA
DATE: 11/28/2023
Quantity Unit Item Unit Total Cost
Price Per Item
BY ENGINEER
Prepared By: Steve Levisee
R.C.E. Number: 45926
Expiration: 12/31/2024
BY CITY
Faithful Performance Bond (100% of Construction Cost) 1,696,700.00$ Labor & Material Bond (50% of Construction Cost) 848,400.00$ Warranty Bond (10% of Construction Cost) 169,700.00$
EngCostEstimate Page 10 of 10 Effective Date: January 1, 2021
DEVELOPMENT ENGINEERING DIVISION CONDITIONS OF APPROVAL Reviewed/Approved By: JP Date: 3/14/23
PARCEL MAP NO. 20561
DATE: February 17, 2023 PC MEETING DATE: March 20, 2023
PROJECT DESCRIPTION: Develop 1 light industrial building in the Preserve Specific Plan area.
PROJECT LOCATION: 8711 Remington Avenue
APPLICANT: Majestic Realty Co. PROJECT ENGINEER: Felicia Marshall
PRIOR TO THE FOUR MAJOR DEVELOPMENT EVENTS, THE APPLICANT SHALL SATISFY AND FULFILL ALL CONDITIONS OUTLINED BELOW. FAILURE TO COMPLY WITH ANY CONDITIONS OF
APPROVAL SHALL BE DEEMED JUST CAUSE FOR REVOCATION OF PROJECT APPROVAL BY THE PLANNING COMMISSION. HOWEVER, THE DIRECTOR OF DEVELOPMENT SERVICES SHALL HAVE
THE AUTHORITY TO APPROVE MINOR DEVIATIONS IN THE CONDITIONS OF APPROVAL, AND ALL PLANS INCLUDING THE CONSTRUCTION DRAWINGS.
1.0 PRIOR TO MAP RECORDATION:
1.1 Provide a preliminary Title Report no older than 60 days.
1.2 Submit a soils/geology report in accordance with Appendix J of the California Building Code, latest edition to the project engineer for review and approval.
1.3 Make the following dedications:
Street Name Distance from C/L Direction From C/L
Remington Avenue 37 feet South
Flight Avenue 37 feet East
1.3a Prepare and record necessary drainage easements to implement the project in accordance with drainage law.
1.4 Provide and record a reciprocal use agreement to assure common ingress and egress and joint maintenance of all common access, parking areas and drives.
1.5 Provide a set of proposed Covenants, Conditions and Restrictions (CC&R) for review and approval.
The proposed CC&Rs shall contain the Association’s/Owner’s maintenance obligations with respect to various facilities including, but not limited to, right -of-way landscaping, private streets, sidewalks, utilities, street lights, and Water Quality Management Plan (WQMP) features. This document must be submitted to and approved by the City before it is submitted to any other governmental entity.
1.6 The developer is responsible for the continued operation and maintenance of perimeter streetlights, common area landscaping, and parkway areas (landscaping, sidewalk). The project is required to establish an association for the continued operation and maintenance of above improvements. The alternative is to annex the properties into the Preserve Master Maintenance Corporation (PMMC) or other association acceptable to the Director or cover the obligations in the CC&R’s.
1.7 Execute a Subdivision Agreement and submit security in an amount acceptable to the City Engineer to guarantee construction of the public improvements listed in 2.7. All security must be accessible PARCEL MAP NO. 20561 2 February 17, 2023
to the City at any time and in a form acceptable to the Assistant City Manager , pursuant to Government Code, Section 66499.
1.8 Provide a Monumentation Bond in an amount specified in writing by a Registered Engineer or Licensed Land Surveyor of Record.
1.9 Comply with all applicable requirements of the City Municipal Code.
1.10 Existing pedestrian facilities on the frontage of the development, open to the public within the development, shall be evaluated for accessibility. The street frontage includes all adjacent pedestrian facilities, including crosswalks, created by, prolongated from, or connected to any required sidewalks improv ements. The frontage may include sidewalks, curb ramps, connecting crosswalks (marked and unmarked), and their associated pedestrian facilities (on -street parking space, etc.).
a. The following existing improvements shall be made compliant with accessibility regulations as a part of this project:
i. sidewalks/walks
ii. curb ramps
iii. crosswalk pavement and associated pedestrian facilities (pedestrian push buttons, maneuvering, clear space)
b. Improvements that are non-compliant with the accessibility standards in effect at the time of construction or alteration, shall be brought up to current accessibility standards. This work shall be incorporated into the scope of this project and shall be completed prior to acceptance by the City.
1.11 Pay all applicable fees pursuant to City Municipal Code including, but not limited to, plan check fees.
2.0 PRIOR TO ISSUANCE OF BUILDING PERMITS FOR ANY LOT WITHIN THE SUBDIVISION/ PRIOR TO ISSUANCE OF CONSTRUCTION PERMITS:
2.1 Record Parcel Map No. 20561 pursuant to the Subdivision Map Act and in accordance with City Municipal Code. Provide a duplicate photo Mylar of the recorded map to the City Engineer's office.
2.2 All required plans and studies shall be prepared by a Registered Professional Engineer and submitted to the project engineer for review and approval. All project plans must be approved by the City Engineer's office before a Building Permit will be issued. Al l maps, studies, calculation sheets, reports, etc. must be on and/or folded in an 11-inch x 8 1/2-inch standard format.
2.3 Prepare and submit a drainage study, including supporting hydraulic and hydrological data to the project engineer for approval. The study shall confirm or recommend changes to the City's adopted Master Drainage Plan by identifying off-site and on-site storm water runoff impacts resulting from build-out of permitted General Plan land uses. In addition, the study shall identify the project's contribution and shall provide locations and sizes of catchments and system connection points and all downstream drainage-mitigating measures.
2.4 Prepare and submit a final grading plan showing building footprints, pad elevations, finished grades, drainage routes, retaining walls, erosion control, slope easements and other pertinent information in accordance with Appendix J of the California Building Code, latest edition.
2.5 Provide a certificate, from a Registered Civil Engineer, certifying that the finished grading has been completed in accordance with the City approved grading plan.
2.6 Design a monitoring manhole (per City Standard No. 530) on each domestic sewer lateral connection from any industrial building into the City's main sewer or into a private sewer main that PARCEL MAP NO. 20561 3 February 17, 2023
is tributary to the City's main sewer. In addition, design a sampling Wye on a stubbed -out sewer lateral connection into the main sewer for each industrial building in this development.
2.7 Design full public improvements for all impacted and interior streets/facilities in accordance with the City Municipal Code, Standards and Specifications. Such public improvements may include, but not be limited to the following: (Please coordinate and ve rify all requirements with the project engineer.)
Remington Flight
Curb & Gutter (Offset from Centerline) 22’ 22’
Sidewalk (Width) 5’ 5’
Asphalt Concrete Pavement on Aggregate Base
(Width from Centerline)
20’ 20’
Asphalt Concrete Overlay
Street Lights X
Median Island and Landscaping
Parkway Landscaping X X
Striping and Traffic Controls X X
Traffic Signal Interconnect
Conduit System for CATV X X
Sewer X1
Storm Drain
Domestic Water
Recycled Water
Fire Hydrants as required by CVIFD X X
Other: Class II On-Street Bike Path X X
Other: Modify Traffic signal at Remington and Flight X2 X2 1 The City will require a smart cover lid to be installed at the manhole on Flight, near Kimball. 2 The traffic signal modification is detailed in more detail in 2.23.
2.8 All improvements shall comply with federal, state, and local accessibility regulations and standards.
The review or approval of plans and specifications by the City does not permit the violation of any section of the federal law, state law, building code, or local ordinance. Where accessibility standards are contradictory, the provision that provides the most accessible (restrictive) condition shall apply. Where the project’s conditions of approval conflict with accessibility regulations and standards, the prevailing provision shall be determined by City’s Accessibility Coordinator and City Engineer.
2.9 Developer shall prepare Improvement plans for Remington Avenue and Flight Avenue consistent with the DRC approved plans , and include new lane configurations, appropriate transitions, modified lane configurations, utility locations, etc. to the satisfaction of the City Engineer.
Street Improvements shall be required for the southerly half of Remington Avenue, from Flight to the easterly property boundary in accordance with City of Chino standards. Street Improvements shall include, but not be limited to the following: required roadway grading, installation of paving, curb and gutter, sidewalk, parkway landscaping and irrigation, street lights, utility relocations and other improvements to the satisfaction of the City Engineer.
Along Flight Avenue, any existing curb and gutter that is damaged and/or cracked shall be removed and replaced at the direction of the City Engineer. Improvements along Flight Avenue to include PARCEL MAP NO. 20561 4 February 17, 2023
sidewalk, parkway landscaping and irrigation, and utility relocations to the satisfaction of the City Engineer.
Signing and Striping plans shall be submitted for plan check, review and approval. “No Stopping Anytime (NSAT) zones” shall be established along the property frontages for both Remington Avenue and Flight Avenue to the satisfaction of the City Engineer. The NSAT zones shall be shown and implemented on the Signing and Striping Plans.
On-Site Signing and Striping shall be in compliance with CA MUTCD; to include standard sign application including size, shape & color.
2.10 Obtain design and plan approval from appropriate utility companies for undergrounding all utility lines adjoining and interior to the project, including power lines of 34.5 kV or less, pursuant to City Municipal Code, Chapter 13.32.
2.11 Pay all applicable fees pursuant to City Municipal Code including, but not limited to, the Development Impact Fees (DIF) and Sewage Facilities Development Fee (SFDF). DIF will be based on the fee schedule in place on June 17, 2022, which is the day the application was deemed to be complete. SFDF is a pass -through fee to IEUA and the amount due will be determined by IEUA. The actual amount of fees due to the City for all other fees will be based on the fee schedule in place on the date that the fees are due , or the date that they are paid, whichever occurs last.
The fee amount stated in this notice is subject to change based on (1) annual adjustments for inflation, pursuant to Chino Municipal Code, Chapter 3.40.100 or 3.45.100, (2) revisions to the Chino Municipal Code, and (3) updates to the fee studies and nexus reports adopted by the City.
Developer is solely responsible for remaining informed about changes in the fee amounts. City shall have no obligation to inform Developer of changes in the fee amounts unless Developer requests notice of such changes, pursuant to Government Code Section 66019(b) and Chino Municipal Code Chapter 3.40.080(B) or 3.45.080(B).
2.12 All projects developing one (1) acre or more of total land area, or which are part of a larger phased development that will disturb one acre of land, are required to obtain coverage under the State Water Resources Control Board’s (SWRCB) General Permit for storm water discharges associated with construction activity. Proof of filing a Notice of Intent (NOI) with the SWRCB for coverage under this permit is required. A copy of the Waste Discharger’s Identification Number (WDID), issued by the SWRCB, must be submitted to the Project Engineer prior to issuance of grading permits. More detailed information regarding this General Permit, applicable fee information and the necessary forms to complete the NOI are available by calling (916) 341-5537 or on the SWRCB web site at http://www.swrcb.ca.gov/water_issues/programs/stormwater/constpermits.shtml
2.13 Pursuant to Santa Ana Regional Water Quality Control Board Order Number R8 -2010-0036, NPDES Permit No. CAS618036, prepare a project -specific Water Quality Management Plan (WQMP) and submit to the project engineer for review and approval. To address NPDES P ermit requirements to the maximum extent practicable, the project shall be designed to specify preferential use of Low Impact Development Best Management Practices that reduce pollutants and runoff volume through structural measures (e.g. infiltration, harvesting, and bio-treatment) and non-structural measures (e.g. preserving natural areas, clustering development, and reducing impervious areas). The WQMP shall conform to the requirements of the San Bernardino County Stormwater Program, 2013 WQMP Technical Guidance Document.
2.14 Any future maintenance and repair of sewer laterals, except for the portion of lateral located within the public right-of-way or public easement, and domestic water or fire service laterals to the project site shall be the sole responsibility of the applicant/property owner in accordance with City Code, Chapter 13.04.175 and 13.12.150.
PARCEL MAP NO. 20561 5 February 17, 2023
2.15 Convey ownership of all existing onsite water wells to the City and convert to monitoring wells as directed by the City’s Public Works Environmental staff and Water Utilities Supervisor. Prepare and record any necessary easements to provide the City with a ccess to the monitoring wells. Any existing water wells that cannot be feasibly converted to monitoring wells shall be destroyed (per City Standard No. 465).
2.16 City staff shall determine the type of water (potable or recycled) to be used for grading operations, dust control activities, and common area/public landscape irrigation at the time of permit issuance.
2.17 All public street corners shall have a minimum curb radii per City Municipal Code, Chapter 19.06 and City Standards and Specifications.
2.18 Provide adequate sight distance (per City Standard No. 865) for each project driveway and at all intersections. Landscaping type and height shall be maintained to ensure sight distance requirements are perpetuated.
2.19 Submit to the City electronic files, in Adobe Acrobat PDF format, of all submittals, including reports, studies, improvement plans, and City redlines of previous submittals. Include AutoCAD and Esri GIS shape files as an e-transmitted zip file of all approved improvement plans.
2.20 The developer is responsible to contract with the City’s designated traffic signal maintenance company for ongoing maintenance of traffic signals modified at Remington and Flight until such time the improvements are accepted by the City.
2.21 Comply with all requirements of the Traffic Impact Analysis (TIA) dated December 23, 2022 and approved January 18, 2023 including participation in fair share contributions per Table 1 -3, “Summary of Improvements and Rough Order of Magnitude Costs” on page 14.
2.22 Traffic signals shall be designed to the satisfaction of the City Traffic Engineer at the following locations:
1. Flight Avenue and Remington Avenue – The existing signal and cabinets at the SE corner will need to be modified for the new design. Additional right-of-way will be required to accommodate these improvements. The curb at the NE corner will be modified for truck traffic. This will require new accessible ramps at the NE corner. If needed, the signals may need to be modified, depending on the design. The signal work at this intersection is not DIF eligible.
Verify and update interconnect plans as necessary to satisfaction of the City Traffic Engineer to accommodate project frontage improvements. Conduit may need to be relocated or protected in place during construction of frontage improvements.
3.0 PRIOR TO REQUEST AND RELEASE OF ANY OCCUPANCY PERMITS:
3.1 Construct and secure Development Services Department approval of all public facilities enumerated under Section 2.6 and 2.7 above (per Resolution No. 88-23).
3.2 Underground all utility lines adjoining and interior to the project, including power lines of 34.5kV or less in accordance with City Municipal Code, Chapter 13.32.
3.3 The applicant’s Civil Engineer shall field verify that all BMPs are designed, constructed, and functional in accordance with the approved WQMP. BMPs shall also be inspected by Public Works Environmental staff. Coordinate inspection with staff and submit a completed City of Chino BMP field verification form for review and approval.
3.4 Slurry seal along all streets impacted by the development as directed by City staff. Install signing and striping per approved plans.
PARCEL MAP NO. 20561 6 February 17, 2023
3.5 Pay all remaining applicable fees pursuant to City Municipal Code.
4.0 PRIOR TO FINAL ACCEPTANCE/PROJECT CLOSEOUT:
4.1 Complete all Conditions of Approval listed under Sections 1-3 above.
4.2 Submit to the City a letter from the surveyor indicating monuments required for the map have been set and they have been fully paid for their services.
4.3 Submit to the City, electronic files of Tract/Parcel Map and “as -built” improvement plans in AUTOCAD, Ersi GIS shape and Adobe Acrobat PDF formats. AUTOCAD files shall be submitted as an etransmitted zip file of the CAD drawings with all base files attached. Scanned resolution of PDF shall be a minimum of 360 dpi.
Rev. 5/29/2424
CITY OF CHINO
DEVELOPMENT SERVICES DEPARTMENT
DEVELOPMENT ENGINEERING DIVISION
ITEMS REQUIRED FOR FIRST PLAN CHECK SUBMITTAL
PARCEL MAP NO. 20561
PROJECT ENGINEER: Felicia Marshall
DATE: 2/10/2023
A COPY OF THIS CHECK LIST MUST BE SUBMITTED WITH THE FIRST PLAN CHECK
Copy of Development Engineering Division Conditions of Approval
Set of Maps (Subdivision Only)
Copy of preliminary Title Report (no older than six months) (Subdivision Only)
Copy of Closure Calculations (Subdivision Only)
Set of Referenced Maps (Subdivision Only)
Copy of Preliminary Soils Report (no older than sixty days)
Copy of lot line adjustment certificate
Copy of lot merger
Copy of right-of-way dedication
Set of Rough Grading Plans
Set of Precise Grading Plans and onsite SD plans
Set of Storm Drain Plans
Copy of Hydrology and Hydraulic Calculations with Backup Data (Signed and Sealed by a Registered Civil Engineer)
Copy of Engineering Cost Estimate (On City Forms) with Engineer’s Wet Signature and Stamp
Set of Street Improvements Plans
Copy of Cross-Sections (if street plans are required) at 50’ intervals and extended a minimum of 100’ beyond limits of improvements
Set of Sewer Plans
Set of Domestic Water Plans
Set of Recycled Water Plans
Set of Street Light Plans including a Photometric Diagram
Copy of Voltage Drop Calculations (Signed and Sealed by a Registered Engineer)
Set of Signing and Striping Plans
Set of Traffic Signal Interconnect Plans
Set of Traffic Signal Plans
Water Quality Management Plan
01225.0006/366470.2 C-1
EXHIBIT “C”
PARCEL MAP 20561
ENVIRONMENTAL WARRANTY
As a condition precedent to acceptance of the dedications and public improvements to be conveyed to the City of Chino for the above-referenced Subdivision, Subdivider and Owner hereby warrant to the City of Chino that:
1. To Subdivider’s and Owner’s actual knowledge, (i) neither the property to be dedicated nor Subdivider/Owner are in violation of any environmental law with respect to the property shown in Vesting Tentative Parcel Map 20561, and (ii) neither the property to be dedicated nor the Subdivider /Owner 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. The actual knowledge qualifier, as used in Sections 1 and 2 of this Exhibit C, in no way limits Subdivider’s and Owner’s liability under applicable environmental law.
2. Neither Subdivider or Owner, nor, to Subdivider’s and Owner’s actual knowledge, 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 pu rposes 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 law s, ordinances, rules, regulations or policies.
3. Subdivider and Owner have 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 or in close proximity to the property to be dedicated, except in compliance with all applicable environmental laws.
4. Owner’sprior 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 , except in compliance with all applicable environmental laws.
5. All persons executing this warranty hereby represent and warrant to the City of Chino, and Subdivider and Owner hereby represent and warrant, that the signators hereto have the legal power, right and authority to execute this warranty on behalf of the 01225.0006/366470.2 C-2
Subdivider and Owner, 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 and Owner’senvironmental experts, to make the representations herein, and that no consent of any other party is required to execute this warranty and make the representations herein on behalf of the Subdivider or Owner to the City of Chino.
Notwithstanding the above, the sufficient knowledge or expertise of the signator for Owner means the actual present knowledge of Terry Thompson, Director, Real Estate Services Department, who is the person most knowledgeable on this matter on behalf of Owner.
Each of the undersigned persons declares under penalty of perjury that the foregoing is true and correct.
Dated: _________________________
SUBDIVIDER*
By:
OWNER*
By:
Dawn Rowe
Chair, Board of Supervisors
*Proof of authorization for Subdivider ’s and Owner’s signatures is required to be submitted concurrently with this environmental warranty.